| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §360-A is enacted to read: |
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| | | §360-A.__Failure to provide payment on a bad check |
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| | | A person is guilty of failure to provide payment on a bad | | check if: |
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| | | 1.__That person intentionally or knowingly has no account with | | the drawee at the time the instrument was negotiated; or |
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| | | 2.__Payment was refused by the drawee for lack of funds upon | | presentment made within the time frame specified in Title 11, | | section 3-1304, and the drawer failed to honor the drawer's | | contract within 5 days after actual receipt of a notice of | | dishonor, as defined in Title 11, section 3-1503. |
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| | | Notwithstanding section 362, failure to provide payment on a | | bad check is a Class E crime.__The court shall order the | | defendant to pay restitution in the amount of the bad check. |
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| | | This bill makes failure to provide payment on a bad check a | | Class E crime. The court shall order the defendant to pay | | restitution in the amount of the bad check. |
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