SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SAGER.
Read 1st time April 27, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 570.125, RSMo, and to enact in lieu thereof two new sections relating to fraudulently stopping payment of an instrument, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 570.125, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 570.125 and 570.127, to read as follows:
570.125. 1. A person commits the crime of "fraudulently stopping payment of an instrument for services" if he or she, knowingly, with the purpose to defraud, stops payment on a check or draft given in payment for the receipt of [goods or] services.
2. Fraudulently stopping payment of an instrument for services is a class A misdemeanor, unless the face amount of the check or draft is five hundred dollars or more or, if the stopping of payment of more than one check or draft is involved in the same course of conduct[,] and the aggregate amount is five hundred dollars or more, in which case the offense is a class D felony.
3. It shall be prima facie evidence of a violation of this section if a person stops payment on a check or draft and fails to make good the check or draft, or [return or make and comply with reasonable arrangements to return the property for which the check or draft was given in the same or substantially the same condition as when received] to return to the person who rendered the service and to inform such person that payment was stopped because the service rendered was substandard and to request that such person remedy the situation within ten days after notice in writing from the payee that the check or draft has not been paid because of a stop payment order by the issuer to the drawee.
4. "Notice in writing" means notice deposited as certified or registered mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or draft or to his last known address. The notice shall contain a statement that failure to make good the check or draft within ten days of receipt of the notice may subject the issuer to criminal prosecution.
570.127. 1. A person commits the crime of "fraudulently stopping payment of an instrument for goods" if he or she, knowingly stops payment on a check or draft given in payment for the receipt of goods.
2. Fraudulently stopping payment of an instrument for goods is a class A misdemeanor, unless the face amount of the check or draft is five hundred dollars or more or, if the stopping of payment of more than one check or draft is involved in the same course of conduct and the aggregate amount is five hundred dollars or more, in which case the offense is a class D felony.
3. It shall be prima facie evidence of a violation of this section if a person stops payment on a check or draft and fails to make good the check or draft, or return or make and comply with reasonable arrangements to return the property for which the check or draft was given in the same or substantially the same condition as when received within ten days after notice in writing from the payee that the check or draft has not been paid because of a stop payment order by the issuer to the drawee.
4. "Notice in writing" means notice deposited as certified or registered mail in the United States mail and addressed to the issuer at his address as it appears on the dishonored check or draft or to his last known address. The notice shall contain a statement that failure to make good the check or draft within ten days of receipt of the notice may subject the issuer to criminal prosecution.