An Act To Change the Penalties for Writing Bad Checks
Maine Legislature, Session 124, LD 1588
Committee: Criminal Justice and Public Safety
Sponsors: SHAW, DIAMOND, BRIGGS, CLARK, HAYES, PENDLETON, SARTY, SCHATZ, STRANG BURGESS
Amends: 14 MRSA §6071, 17-A MRSA §353

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1588 
H.P. 1126 
House of Representatives, December 22,2009 
An Act To Change the Penalties for Writing Bad Checks 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 18, 2009. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative SHAW of Standish. 
Cosponsored by Senator DIAMOND of Cumberland and 
'l7/dJ~ /l7.1J?ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRIGGS of Mexico, CLARK of Millinocket, HAYES of Buckfield, 
PENDLETON of Scarborough, SARTY of Denmark, SCHATZ of Blue Hill, STRANG 
BURGESS of Cumberland. 
Printed on recycled p::lper 
Be it enacted by the People oCthe State of Maine as follows: 
Sec. 1. 14 MRSA §6071, sub-§I, as amended by PL 1995, c. 288, § I, is further 
amended to read: 
1. R.ecovery of costs. In any action against a person liable for a dishonored check, 
the holder may recover 3 times the amount of the check, the court costs and the 
processing charges incurred by the holder, plus interest at the rate of 12% per annum 
from the date of dishonor if: 
A. 
The holder gives notice pursuant to section 6073 for payment of the check; and 
B. 
The person liable fails to tender the amount of the check, plus bank fees and 
mailing costs, within 10 days of receiving the notice set forth in section 6073. 
Sec. 2. 14 MRSA §6071, sub-§I-A is enacted to read: 
I-A. Filing action. An action to recover costs under this section may be made 
within 18 months after the date on the dishonored check. 
Sec. 3. 14 MRSA §6071, sub-§2, as-amended by PL 1995, c. 288, §1, is further 
amended to read: 
2. Attorney's fees. If the person liable does not pay 3 times the amount of the 
check, plus costs and interest, before the hearing, then the court may award reasonable 
attorney's fees to the prevailing party. In addition, the court may shall award to the holder 
of the check a civil penalty, not to exceed $50, to be paid by the person liable for the 
check. 
Sec. 4. 17-A MRSA §353, sub-§I, as amended by PL 2007, c. 476, §10, IS 
further amended to read: 
1. 
A person is guilty of theft if: 
A. 
The person obtains or exercises unauthorized control over the property of 
another with intent to deprive the other person of the property. Violation of this 
paragraph is a Class E crime; 
B. The person violates paragraph A and: 
(I) 
The value of the property is more than $10,000. 
Violation of this 
subparagraph is a Class B crime; 
(2) The property stolen is a firearm or an explosive device. Violation of this 
subparagraph is a Class B crime; 
(3) The person is armed with a dangerous weapon at the time of the offense. 
Violation ofthis subparagraph is a Class B crime; 
(4) The value of the property is more than $1,000 but not more than $10,000. 
Violation ofthis subparagraph is a Class C crime; 
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(5) The value of the property is more than $500 but not more than $1,000. 
Violation of this subparagraph is a Class D crime; or 
(6) The person has 2 or more prior convictions for any combination of the Maine 
offenses listed in this subparagraph or for engaging in substantially similar 
conduct to that of the Maine offenses listed in this subparagraph in another 
jurisdiction. The Maine offenses are: theft; any violation of section 401 in which 
the crime intended to be committed inside the structure is theft; any violation of 
section 405 in which the crime intended to be committed inside the motor vehicle 
is theft; any violation of section 651; any violation of section 702, 703 or 708; or 
attempts to commit any of these crimes. Section 9-A governs the use of prior 
convictions when determining a sentence. Violation of this subparagraph is a 
Class C crime; ef 
C. 
The person knowingly operates an audiovisual or audio recording function of 
any device in a motion picture theater while a motion picture is being exhibited for 
the purpose of making a copy of the motion picture, without the written consent of 
the motion picture theater owner. Violation of this paragraph is a Class D crime~.;.Q[ 
D. The person negotiates a worthless instrument as described under section 708 and 
days have passed since there was a transfer . of property in exchange for the 
worthless instrument. 
Sec. 5. 17-A MRS A §708, sub-§l, as amended by PL 2007, c. 476, §28, is 
further amended to read: 
1. 
A person is guilty of negotiating a worthless instrument if: 
A. 
The person intentionally issues or negotiates a negotiable instrument knowing 
that it will not be honored by the maker or drawee. Violation of this paragraph is a 
Class B D crime; or 
B. The person violates paragraph A and: 
(1) The face value of the written instrument or the aggregate value of the 
instruments is more than $1 O,OOO~ Violation of this subparagraph is a Class B 
crime; 
(2) The face value of the written instrument or the aggregate value of the 
instruments is more than ~ 
$500 but not more than $10,000. Violation of 
this subparagraph is a Class C crime; or 
(3) The face value of the negotiable instrument is more than $500 but not more 
than $1,000. Violation of this subparagraph is a Class D crime; or 
(4) At the time of negotiating a worthless instrument, the person has 2 or more 
prior convictions for any combination of the Maine offenses listed in this 
subparagraph or for engaging in substantially similar conduct to that of the Maine 
offenses listed in this subparagraph in another jurisdiction. The Maine offenses 
are: theft; any violation of this section; any violation of section 401 in which the 
crime intended to be committed inside the structure is theft; any violation of 
section 405 in which the crime intended to be committed inside the motor vehicle 
is theft; any violation of section 651; any violation of section 702 or 703; or 
attempts to commit any of these crimes. Section 9-A governs the use of prior 
convictions when determining a sentence.. Violation of this subparagraph is a 
Class C crime. 
SUMMA:I,{Y 
This bill increases the classification of certain crimes involving negotiating a 
worthless instrumerit, provides a statute of limitations of 18 months for filing a civil 
action for issuing a dishonored check and increases the amount that may be recovered in 
a civil action for"issuing a dishonored check. 
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