House Bill 499

AN ACT TO AMEND SECTION 97-19-55, MISSISSIPPI CODE OF 1972, TO REVISE THE BAD CHECKS AND INSUFFICIENT FUNDS LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-19-55, Mississippi Code of 1972, is amended as follows:

97-19-55. (1) (a) (i) Issuing worthless checks is the issuing in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank or other depository for the payment of such check, draft or order in full upon its presentation.

(ii) This section shall apply to a check, draft or order tendered for satisfaction, in whole or in part, of payments due on installment contracts, open accounts or any other obligation for which the creditor has authorized periodic payments or the extension of time in which to pay.

(iii) This section shall apply to a check, draft or order tendered for satisfaction, in whole or in part, of a state tax obligation. For purposes of this section, "state tax obligation" means a state tax, interest, penalty, fee or any contract, installment agreement or other obligation arising out of such obligation.

(iv) For purposes of this section, any check, draft or order tendered for payment of any tax, fee, fine, penalty or other obligation to the state or any of its political subdivisions shall be considered issuing a check, draft or order in exchange for anything of value.

(b) The offender's failure to pay a check, draft or order issued for value within ten (10) days after notice of its nonpayment upon presentation has been deposited by certified mail in the United States mail system addressed to the issuer thereof either at the address shown on the instrument or the last known address for such person shown on the records of the bank upon which such instrument is drawn or within ten (10) days after delivery or personal tender of the written notice to said issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.

(2) Issuing worthless checks is also the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft or order for the payment of money or the issuing of such an instrument for the payment of a state tax obligation, when the offender knows at the time of the issuing that the account designated on the check, draft or order has been closed or is nonexistent or fictitious, or is one in which the offender has no interest or on which he has no authority to issue such check, draft or order.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.