(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.
(2) Insufficient funds means not having a sufficient balance in account with
a bank or other 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.
(3) Except as provided in section 18-5-205, a person commits a petty offense
if the person 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.
(4) This section does not relieve the prosecution from the necessity of
establishing the required 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:
(a) He has no account with the bank or other drawee at the time he issues
the check or order; or
(b) He has insufficient funds upon deposit with the bank or other drawee to
pay the check or order, on presentation within thirty days after issue.
(5) A bank shall not be civilly or criminally liable for releasing information
relating to the 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.
(6) Restitution for offenses described in this section may be collected as a
condition of pretrial 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.
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. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3189, § 250, effective March 1, 2022.
For the recovery of damages for insufficient funds or no account instruments, see § 13-21-109.
