Cal Pen Code § 476a (2004)
§ 476a. Making or delivering check with insufficient funds
(a) Any person who for himself or as the agent or representative
of another or as an officer of a corporation, willfully, with intent to
defraud, makes or draws or utters or delivers any check, or draft or order upon
any bank or depositary, or person, or firm, or corporation, for the payment of
money, knowing at the time of such making, drawing, uttering, or delivering
that the maker or drawer or the corporation has not sufficient funds in, or
credit with said bank or depositary, or person, or firm, or corporation, for
the payment of such check, draft, or order and all other checks, drafts, or
orders upon such funds then outstanding, in full upon its presentation,
although no express representation is made with reference thereto, is
punishable by imprisonment in the county jail for not more than one year, or in
the state prison.
(b) However, if the total amount of all such checks, drafts,
or orders that the defendant is charged with and convicted of making, drawing,
or uttering does not exceed two hundred dollars ($ 200), the offense is
punishable only by imprisonment in the county jail for not more than one year,
except that this subdivision shall not be applicable if the defendant has
previously been convicted of a violation of Section 470, 475, or 476, or of
this section, or of the crime of petty theft in a case in which defendant's
offense was a violation also of Section 470, 475, or 476 or of this section or
if the defendant has previously been convicted of any offense under the laws of
any other state or of the United States which, if committed in this state,
would have been punishable as a violation of Section 470, 475 or 476 or of this
section or if he has been so convicted of the crime of petty theft in a case in
which, if defendant's offense had been committed in this state, it would have
been a violation also of Section 470, 475, or 476, or of this section.
(c) Where such check, draft, or order is protested, on the
ground of insufficiency of funds or credit, the notice of protest thereof shall
be admissible as proof of presentation, nonpayment and protest and shall be
presumptive evidence of knowledge of insufficiency of funds or credit with such
bank or depositary, or person, or firm, or corporation.
(d) In any prosecution under this section involving two or
more checks, drafts, or orders, it shall constitute prima facie evidence of the
identity of the drawer of a check, draft, or order if:
(1) At the time of the acceptance of such check, draft or
order from the drawer by the payee there is obtained from the drawer the
following information: name and residence of the drawer, business or mailing
address, either a valid driver's license number or Department of Motor Vehicles
identification card number, and the drawer's home or work phone number or place
of employment. Such information may be recorded on the check, draft, or order
itself or may be retained on file by the payee and referred to on the check,
draft, or order by identifying number or other similar means; and
(2) The person receiving the check, draft, or order witnesses
the drawer's signature or endorsement, and, as evidence of that, initials the
check, draft, or order at the time of receipt.
(e) The word "credit" as used herein shall be
construed to mean an arrangement or understanding with the bank or depositary
or person or firm or corporation for the payment of such check, draft or order.
(f) If any of the preceding paragraphs, or parts thereof,
shall be found unconstitutional or invalid, the remainder of this section shall
not thereby be invalidated, but shall remain in full force and effect .
(g) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for investigation,
collection, and processing of checks referred to their agency for investigation
of alleged violations of this section or Section 476.
The amount of the fee shall not exceed twenty-five dollars ($
25) for each bad check in addition to the amount of any bank charges incurred
by the victim as a result of the alleged offense. If the sheriff's department,
police department, or other law enforcement agency collects any fee for bank
charges incurred by the victim pursuant to this section, that fee shall be paid
to the victim for any bank fees the victim may have been assessed. In no event
shall reimbursement of the bank charge to the victim pursuant to this section
exceed ten dollars ($ 10) per check.