ROBERT L. EHRLICH, JR., Governor                           H.B. 926

(ii) an independent contractor hired by the drawer or
representative drawer;

(2)     the drawer or representative drawer:

(i) intends or believes when issuing the check that payment will be
refused by the drawee on presentment; or

(ii) knows that the drawer or, in the case of a representative
drawer, the principal of the representative drawer has insufficient funds with the
drawee to cover the check and other outstanding checks;

(3)     the employee of the drawer or representative drawer or an
independent contractor hired by the drawer or representative drawer passes the
check to a third person; and

(4)     payment is refused by the drawee on presentment.

(d)     A person may not obtain property or services by passing a check if:

(1)     the person knows that the drawer of the check has insufficient funds
with the drawee to cover the check and other outstanding checks;

(2)     the person intends or believes when passing the check that payment
will be refused by the drawee on presentment; and

(3)     payment of the check is refused by the drawee on presentment.

(e)     A person may not obtain property or services by passing a check if:

(1)     the person knows that:

(i) payment of the check has been stopped or countermanded; or

(ii) the drawee of the check will disregard, dishonor, or refuse to
recognize the check; and

(2)     payment is refused by the drawee on presentment.
8-105.

(a)     A person who obtains property or services by issuing or passing a check in
violation of § 8-103 of this subtitle may not be prosecuted under this article, if:

(1)     other than falsely representing that there are sufficient funds with
the drawee to cover the check, the issuing or passing of the check is not accompanied
by a false representation; and

(2)     the person who obtains the property or services makes the check good
within 10 days after the drawee dishonors the check.

(b)     (1) A prosecution may not be commenced against a person described in
subsection (a) of this section earlier than 10 days after the drawee dishonors the
check.

- 3195 -