CHAPTER 292

OFFENSES AGAINST PRIVATE PROPERTY RELATING TO ISSUANCE OF WORTHLESS CHECKS

AN ACT TO AMEND CHAPTER 150 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "OFFENSES AGAINST PRIVATE PROPERTY," RELATING TO THE ISSUANCE OF WORTHLESS CHECKS AND PROVIDING A PENALTY; PROVIDING FOR PROCEEDINGS WITHOUT INDICTMENT BY GRAND JURY OR TRIAL BY PETIT JURY; VESTING JURISDICTION IN MUNICIPAL COURT OF CITY OF WILMINGTON, JUSTICES OF PEACE, COURTS OF COMMON PLEAS, PROCEEDINGS COMMENCED PRIOR TO ACT TO BE UNAFFECTED.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each Branch thereof concurring therein):

Section 1. That Chapter 150 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of 5218. Sec. 38., as amended, and inserting in lieu thereof the following new Section to be known as 5218. Sec. 38.:

5218. Sec. 38. (a) Issuance of Worthless Checks; Penalty; Proceeding Without Indictment by Grand Jury or Trial by Petit Jury; Jurisdiction; Proceedings Prior to Act Unaffected:--Any person who shall make or draw, or utter or deliver any check, draft or order for the payment of money, to the value of One Hundred Dollars ($100.00), or upwards, upon any bank or other depository knowing at the time of such making, drawing, uttering or delivering that the maker, or drawer, has not sufficient funds in, or credit with, such bank or other depository for the payment of such check, draft or order, in full, upon its presentation, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and imprisonment, or both, according to the discretion of the Court.

(b) Any person who shall make or draw, or utter or deliver any check, draft or order for the payment of money, to the value of less than One Hundred Dollars ($100.00), upon any bank or other depository knowing at the time of such making, drawing, uttering or delivering that the maker, or drawer, has not sufficient funds in, or credit with, such bank or other depository for the payment of such check, draft or order, in full, upon its presentation, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or imprisoned for a term not exceeding one year, or both, in the discretion of the Court.

(c) As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within ten days after receiving notice that such check, draft or order has not been paid by the drawee.

(d) The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such check, draft or order.

() The Municipal Court of the City of Wilmington shall have concurrent jurisdiction with the Court of General Sessions to inquire of, hear, try, and finally determine all offenses under Paragraph (b) of this Section committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this State. The Courts of Common Pleas for the respective counties and the several Justices of the Peace shall have like concurrent jurisdiction to inquire of, hear, try and finally determine all such offenses, except those committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this State.

(a) The proceedings under Paragraph (e) of this Section shall be without indictment by Grand Jury, or trial by petit jury; provided, however, that every person convicted under this Section in any Court of Common Pleas, in any Magistrate's Court, or in the Municipal Court of the City of Wilmington, shall have the right to an appeal to the Court of General Sessions of the County. No such conviction or sentence shall be stayed pending appeal unless the person convicted shall give bond in an amount and with surety to be fixed by the judge or magistrate before whom such person was convicted, at the time such appeal is taken. Such appeal shall be taken and bond given within five (5) days from the time of conviction.

Section 2. No criminal proceeding commenced prior to the date of approval of this Act shall be in any manner affected by this Act.

Approved June 5, 1951.