CHAPTER 613

An Act to amend the Code of Virginia by adding a section numbered
6-129.1, and to amend and reenact §§ 6-130 and 6-131 of the Code of
Virginia, the new and amended sections relating to the issuance of
certain checks by certain persons, certain rules of evidence relating
thereto and evidence and presumptions in certain other actions.

[(S 223]
Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
6-129.1, and to amend and reenact §§ 6-130 and 6-131 of the Code of Vir-
ginia, as follows:

§ 6-129.1. Any person who shall make, draw or utter, or deliver any
check, draft, or order for the payment of money, upon any bank, banking
institution, trust company or other depository on behalf of any business
firm or corporation, for the purpose of paying wages to any employee of
such firm or corporation, or for the purpose of paying for any labor per-
formed by any person for such firm or corporation, knowing, at the time
of such making, drawing, uttering or delivering, that the account upon
which such check, draft or order is drawn has not sufficient funds in, or
credit with, such bank, banking institution, trust company or other de-
pository, for the payment of such check, draft or order, although no ex-
press representation is made in reference thereto, shall be guilty of a
misdemeanor.

The word credit, as used herein, shall be construed to mean any ar-
rangement or understanding with the bank, banking institution, trust
company, or other depository for the payment of such check, draft or
order.

In addition to the criminal penalty set forth herein, such person
shall be personally liable in any civil action brought upon such check, draft
or order.

§ 6-130. In any prosecution or action under the preceding * sections,
the making or drawing or uttering or delivery of a check, draft, or order,
payment of which is refused by the drawee because of lack of funds or
credit, shall be prima facie evidence of intent to defraud * or of knowledge
of insufficient funds in, or credit with, such bank, banking institution,
trust company or other depository unless such maker or drawer, or some
one for him, shall have paid the holder thereof the amount due thereon,
together with interest, and protest fees (if any), within five days after
receiving written notice that such check, draft, or order has not been paid
to the holder thereof.
§ 6-131. In any civil action growing out of an arrest under §§ 6-129
or 6-129.1, no evidence of statements or representations as to the status of
the check, draft, order or deposit involved, or of any collateral agreement
with reference to the check, draft, or order, shall be admissible unless
such statements, or representations, or collateral agreement, be written
upon the instrument at the time it is given by the drawer.

If payment of any check, draft, or order for the payment of money
ne refused by the bank, banking institution, trust company or other de-
pository upon which such instrument is drawn, and the person who drew
or uttered such instrument be arrested or prosecuted under the provisions
of §§ 6-129 or 6-129.1 for failure or refusal to pay such instrument, the
one who arrested or caused such person to be arrested and prosecuted, or
either, shall be conclusively deemed to have acted with reasonable or
probable cause in any suit for damages that may be brought by the person
who drew or uttered such instrument, if the one who arrested or caused
such person to be arrested and prosecuted, or either, shall have, before
doing so, presented or caused such instrument to be presented to the
depository on which it was drawn where it was refused, and then waited
five days after notice, as provided in § 6-130, without the amount due
under the provisions of such instrument being paid.