570.120. Crime of passing bad checks, penalty--actual notice given, when--administrative handling costs, amount, deposit in fund--use of fund--additional costs, amount--payroll checks, action, when--s
Crime of passing bad checks, penalty--actual notice given,when--administrative handling costs, amount, deposit in fund--use offund--additional costs, amount--payroll checks, action, when--servicecharge may be collected--return of bad check to depositor byfinancial institution must be on condition that issuer isidentifiable.
570.120. 1. A person commits the crime of passing a bad check when:
(1) With purpose to defraud, the person makes, issues or passes acheck or other similar sight order or any other form of presentmentinvolving the transmission of account information for the payment of money,knowing that it will not be paid by the drawee, or that there is no suchdrawee; or
(2) The person makes, issues, or passes a check or other similarsight order or any other form of presentment involving the transmission ofaccount information for the payment of money, knowing that there areinsufficient funds in or on deposit with that account for the payment ofsuch check, sight order, or other form of presentment involving thetransmission of account information in full and all other checks, sightorders, or other forms of presentment involving the transmission of accountinformation upon such funds then outstanding, or that there is no suchaccount or no drawee and fails to pay the check or sight order or otherform of presentment involving the transmission of account informationwithin ten days after receiving actual notice in writing that it has notbeen paid because of insufficient funds or credit with the drawee orbecause there is no such drawee.
2. As used in subdivision (2) of subsection 1 of this section,"actual notice in writing" means notice of the nonpayment which is actuallyreceived by the defendant. Such notice may include the service of summonsor warrant upon the defendant for the initiation of the prosecution of thecheck or checks which are the subject matter of the prosecution if thesummons or warrant contains information of the ten-day period during whichthe instrument may be paid and that payment of the instrument within suchten-day period will result in dismissal of the charges. The requirement ofnotice shall also be satisfied for written communications which aretendered to the defendant and which the defendant refuses to accept.
3. The face amounts of any bad checks passed pursuant to one courseof conduct within any ten-day period may be aggregated in determining thegrade of the offense.
4. Passing bad checks is a class A misdemeanor, unless:
(1) The face amount of the check or sight order or the aggregatedamounts is five hundred dollars or more; or
(2) The issuer had no account with the drawee or if there was no suchdrawee at the time the check or order was issued, in which cases passingbad checks is a class C felony.
5. (1) In addition to all other costs and fees allowed by law, eachprosecuting attorney or circuit attorney who takes any action pursuant tothe provisions of this section shall collect from the issuer in such actionan administrative handling cost. The cost shall be twenty-five dollars forchecks of less than one hundred dollars, and fifty dollars for checks ofone hundred dollars but less than two hundred fifty dollars. For checks oftwo hundred fifty dollars or more an additional fee of ten percent of theface amount shall be assessed, with a maximum fee for administrativehandling costs not to exceed seventy-five dollars total. Notwithstandingthe provisions of sections 50.525 to 50.745, RSMo, the costs provided forin this subsection shall be deposited by the county treasurer into aseparate interest-bearing fund to be expended by the prosecuting attorneyor circuit attorney. The funds shall be expended, upon warrants issued bythe prosecuting attorney or circuit attorney directing the treasurer toissue checks thereon, only for purposes related to that previouslyauthorized in this section. Any revenues that are not required for thepurposes of this section may be placed in the general revenue fund of thecounty or city not within a county. Notwithstanding any law to thecontrary, in addition to the administrative handling cost, the prosecutingattorney or circuit attorney shall collect an additional cost of fivedollars per check for deposit to the Missouri office of prosecutionservices fund established in subsection 2 of section 56.765, RSMo. Allmoneys collected pursuant to this section which are payable to the Missourioffice of prosecution services fund shall be transmitted at least monthlyby the county treasurer to the director of revenue who shall deposit theamount collected pursuant to the credit of the Missouri office ofprosecution services fund under the procedure established pursuant tosubsection 2 of section 56.765, RSMo.
(2) The moneys deposited in the fund may be used by the prosecutingor circuit attorney for office supplies, postage, books, training, officeequipment, capital outlay, expenses of trial and witness preparation,additional employees for the staff of the prosecuting or circuit attorney,employees' salaries, and for other lawful expenses incurred by the circuitor prosecuting attorney in operation of that office.
(3) This fund may be audited by the state auditor's office or theappropriate auditing agency.
(4) If the moneys collected and deposited into this fund are nottotally expended annually, then the unexpended balance shall remain in saidfund and the balance shall be kept in said fund to accumulate from year toyear.
6. Notwithstanding any other provision of law to the contrary:
(1) In addition to the administrative handling costs provided for insubsection 5 of this section, the prosecuting attorney or circuit attorneymay collect from the issuer, in addition to the face amount of the check, areasonable service charge, which along with the face amount of the check,shall be turned over to the party to whom the bad check was issued;
(2) If a check that is dishonored or returned unpaid by a financialinstitution is not referred to the prosecuting attorney or circuit attorneyfor any action pursuant to the provisions of this section, the party towhom the check was issued, or his or her agent or assignee, or a holder,may collect from the issuer, in addition to the face amount of the check, areasonable service charge, not to exceed twenty-five dollars, plus anamount equal to the actual charge by the depository institution for thereturn of each unpaid or dishonored instrument.
7. When any financial institution returns a dishonored check to theperson who deposited such check, it shall be in substantially the samephysical condition as when deposited, or in such condition as to providethe person who deposited the check the information required to identify theperson who wrote the check.
(L. 1977 S.B. 60, A.L. 1989 S.B. 310, A.L. 1992 S.B. 705, A.L. 1993 S.B. 180, A.L. 2001 H.B. 80, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353)CROSS REFERENCE:
Taxes paid with bad checks, penalty, RSMo 139.235