Colorado § 18-5-512 - Issuance of bad check.

§ 18-5-512. Issuance of bad check.

(1) In adopting this section, the general assembly declares as a matter of policy that the issuance and delivery of a known bad check by any person is, in itself, not only harmful to the person to whom it is given but is also injurious to the community at large and is, therefore, a proper subject for criminal sanction without regard to the purpose for which the check was given.

(2) "Insufficient funds" means not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty days after such presentment.

(3) Except as provided in section 18-5-205, a person commits a petty offense if the person issues or passes a check or similar sight order for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.

(4) This section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if:

(a) He has no account with the bank or other drawee at the time he issues the check or order; or

(b) He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue.

(5) A bank shall not be civilly or criminally liable for releasing information relating to the issuer's account to a sheriff, deputy sheriff, undersheriff, police officer, agent of the Colorado bureau of investigation, division of gaming investigator, division of lottery investigator, parks and outdoor recreation officer, Colorado wildlife officer, district attorney, assistant district attorney, deputy district attorney, or authorized investigator for a district attorney investigating or prosecuting a charge under this section.

(6) Restitution for offenses described in this section may be collected as a condition of pretrial diversion by a district attorney, an employee of a district attorney's office, or a person under contract with a district attorney's office. Such collection is governed by the provisions of article 18.5 of title 16, C.R.S., and is not the collection of a debt.

Source: L. 72: p. 284, § 2. C.R.S. 1963: § 40-5-512. L. 89: (2) amended, p. 757, § 6, effective July 1. L. 2002: (6) added, p. 760, § 8, effective July 1. L. 2003: (5) amended, p. 1632, § 78, effective August 6. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3189, § 250, effective March 1, 2022.

Cross references: For the recovery of damages for insufficient funds or no account instruments, see § 13-21-109.

ANNOTATION

This section does not contain the former constitutionally infirm language of section 18-5-205 (2), which made a bank's failure to honor the check a material element of the crime of fraud by check. People v. Quinn, 190 Colo. 534, 549 P.2d 1332 (1976).

Applied in People v. Attebury, 196 Colo. 509, 587 P.2d 281 (1978).

PART 6

IMITATION CONTROLLED SUBSTANCES ACT

18-5-601 to 18-5-606. (Repealed)

Source: L. 92: Entire part repealed, p. 393, § 25, effective July 1.

Editor's note: This part 6 was added in 1983. For amendments to this part 6 prior to its repeal in 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

PART 7

FINANCIAL TRANSACTION DEVICE CRIME ACT

Cross references: For obtaining a financial transaction device by false statements, see § 18-5-209.