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California Penal Code Section 476a

Legal Research Home > California Laws > Penal Code > California Penal Code Section 476a

476a.  (a) Any person who, for himself or herself, as the agent or
representative of another, or as an officer of a corporation,
willfully, with intent to defraud, makes or draws or utters or
delivers a check, draft, or order upon a bank or depositary, a
person, a firm, or a corporation, for the payment of money, knowing
at the time of that making, drawing, uttering, or delivering that the
maker or drawer or the corporation has not sufficient funds in, or
credit with the bank or depositary, person, firm, or corporation, for
the payment of that check, draft, or order and all other checks,
drafts, or orders upon funds then outstanding, in full upon its
presentation, although no express representation is made with
reference thereto, is punishable by imprisonment in a county jail for
not more than one year, or pursuant to subdivision (h) of Section
1170.
   (b) However, if the total amount of all checks, drafts, or orders
that the defendant is charged with and convicted of making, drawing,
or uttering does not exceed four hundred fifty dollars ($450), the
offense is punishable only by imprisonment in the county jail for not
more than one year. This subdivision shall not be applicable if the
defendant has previously been convicted of a violation of Section
470, 475, or 476, or of this section, or of the crime of petty theft
in a case in which defendant's offense was a violation also of
Section 470, 475, or 476 or of this section or if the defendant has
previously been convicted of any offense under the laws of any other
state or of the United States which, if committed in this state,
would have been punishable as a violation of Section 470, 475 or 476
or of this section or if he has been so convicted of the crime of
petty theft in a case in which, if defendant's offense had been
committed in this state, it would have been a violation also of
Section 470, 475, or 476, or of this section.
   (c) Where the check, draft, or order is protested on the ground of
insufficiency of funds or credit, the notice of protest shall be
admissible as proof of presentation, nonpayment, and protest and
shall be presumptive evidence of knowledge of insufficiency of funds
or credit with the bank or depositary, person, firm, or corporation.
   (d) In any prosecution under this section involving two or more
checks, drafts, or orders, it shall constitute prima facie evidence
of the identity of the drawer of a check, draft, or order if both of
the following occur:
   (1) When the payee accepts the check, draft, or order from the
drawer, he or she obtains from the drawer the following information:
name and residence of the drawer, business or mailing address, either
a valid driver's license number or Department of Motor Vehicles
identification card number, and the drawer's home or work phone
number or place of employment. That information may be recorded on
the check, draft, or order itself or may be retained on file by the
payee and referred to on the check, draft, or order by identifying
number or other similar means.
   (2) The person receiving the check, draft, or order witnesses the
drawer's signature or endorsement, and, as evidence of that, initials
the check, draft, or order at the time of receipt.
   (e) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank or depositary, person,
firm, or corporation for the payment of a check, draft, or order.
   (f) If any of the preceding paragraphs, or parts thereof, shall be
found unconstitutional or invalid, the remainder of this section
shall not thereby be invalidated, but shall remain in full force and
effect.
   (g) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for
investigation, collection, and processing of checks referred to their
agency for investigation of alleged violations of this section or
Section 476.
    (h) The amount of the fee shall not exceed twenty-five dollars
($25) for each bad check, in addition to the amount of any bank
charges incurred by the victim as a result of the alleged offense. If
the sheriff's department, police department, or other law
enforcement agency collects a fee for bank charges incurred by the
victim pursuant to this section, that fee shall be paid to the victim
for any bank fees the victim may have been assessed. In no event
shall reimbursement of the bank charge to the victim pursuant to this
section exceed ten dollars ($10) per check.

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Last modified: March 17, 2014