(1) In adopting this section, the general assembly declares as a matter of policy that the issuance and delivery of a known bad check by any person is, in itself, not only harmful to the person to whom it is given but is also injurious to the community at large and is, therefore, a proper subject for criminal sanction without regard to the purpose for which the check was given.
"Insufficient funds" means not having a sufficient balance in account with a bank orother drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty days after such presentment.
Except as provided in section 18-5-205, a person commits a class 3 misdemeanor ifhe issues or passes a check or similar sight order for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
This section does not relieve the prosecution from the necessity of establishing therequired knowledge by evidence. However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if:
He has no account with the bank or other drawee at the time he issues the check ororder; or
He has insufficient funds upon deposit with the bank or other drawee to pay thecheck or order, on presentation within thirty days after issue.
A bank shall not be civilly or criminally liable for releasing information relating tothe issuer's account to a sheriff, deputy sheriff, undersheriff, police officer, agent of the Colorado bureau of investigation, division of gaming investigator, division of lottery investigator, parks and outdoor recreation officer, Colorado wildlife officer, district attorney, assistant district attorney, deputy district attorney, or authorized investigator for a district attorney investigating or prosecuting a charge under this section.
Restitution for offenses described in this section may be collected as a condition ofpretrial diversion by a district attorney, an employee of a district attorney's office, or a person under contract with a district attorney's office. Such collection is governed by the provisions of article 18.5 of title 16, C.R.S., and is not the collection of a debt.
Source: L. 72: p. 284, § 2. C.R.S. 1963: § 40-5-512. L. 89: (2) amended, p. 757, § 6, effective July 1. L. 2002: (6) added, p. 760, § 8, effective July 1. L. 2003: (5) amended, p. 1632, § 78, effective August 6.
Cross references: For the recovery of damages for insufficient funds or no account instruments, see § 13-21-109.