House File 2237 - Introduced



                                       HOUSE FILE       
                                       BY  DOLECHECK


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating a criminal offense relating to theft by a written
  2    instrument and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6118YH 82
  5 rh/nh/8

PAG LIN



  1  1    Section 1.  Section 714.1, subsection 6, Code 2007, is
  1  2 amended to read as follows:
  1  3    6.  a.  (1)  Makes, utters, draws, delivers, or gives any
  1  4 check, share draft, draft, or written order on any bank,
  1  5 credit union, person, or corporation, and obtains property,
  1  6 the use of property, including rental property, or service in
  1  7 exchange for such instrument, if the person knows that such
  1  8 check, share draft, draft, or written order will not be paid
  1  9 when presented.
  1 10    (2)  Whenever the drawee of such instrument has refused
  1 11 payment because of insufficient funds, and the maker has not
  1 12 paid the holder of the instrument the amount due thereon
  1 13 within ten days of the maker's receipt of notice from the
  1 14 holder that payment has been refused by the drawee, the court
  1 15 or jury may infer from such facts that the maker knew that the
  1 16 instrument would not be paid on presentation.  Notice of
  1 17 refusal of payment shall be by certified mail, or by personal
  1 18 service in the manner prescribed for serving original notices.
  1 19    (3)  Whenever the drawee of such instrument has refused
  1 20 payment because the maker has no account with the drawee, the
  1 21 court or jury may infer from such fact that the maker knew
  1 22 that the instrument would not be paid on presentation.
  1 23    b.  Knowingly, with the intent to defraud, stops payment on
  1 24 any check, share draft, draft, or written order on any bank,
  1 25 credit union, person, or corporation given in payment for the
  1 26 receipt of property, the use of property, including rental
  1 27 property, or service.
  1 28                           EXPLANATION
  1 29    This bill creates a criminal offense relating to
  1 30 fraudulently stopping payment on any check, share draft,
  1 31 draft, or written order on any bank, credit union, person, or
  1 32 corporation.
  1 33    The bill provides that a person who knowingly, with the
  1 34 intent to defraud, stops payment on any check, share draft,
  1 35 draft, or written order given in payment for the receipt of
  2  1 property, the use of property, including rental property, or
  2  2 service, commits the crime of theft.  A person who commits a
  2  3 theft commits a class "C" felony, a class "D" felony, an
  2  4 aggravated misdemeanor, a serious misdemeanor, or a simple
  2  5 misdemeanor, depending on the circumstances of the offense and
  2  6 the value of the property taken.
  2  7    A class "C" felony is punishable by confinement for no more
  2  8 than 10 years and a fine of at least $1,000 but not more than
  2  9 $10,000; a class "D" felony is punishable by confinement for
  2 10 no more than five years and a fine of at least $750 but not
  2 11 more than $7,500; an aggravated misdemeanor is punishable by
  2 12 confinement for no more than two years and a fine of at least
  2 13 $625 but not more than $6,250; a serious misdemeanor is
  2 14 punishable by confinement for no more than one year and a fine
  2 15 of at least $315 but not more than $1,875; and a simple
  2 16 misdemeanor is punishable by confinement for no more than 30
  2 17 days or a fine of at least $65 but not more than $625 or by
  2 18 both.
  2 19 LSB 6118YH 82
  2 20 rh/nh/8