(a) "Check" includes any form of debit from a demand deposit account, including, but not limited to any of the following:
(1) A check, bill of exchange, draft, order of withdrawal, or similar negotiable or non-negotiable instrument;
(2) An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.
(b) "Issue a check" means causing any form of debit from a demand deposit account.
(c) No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored.
(d) For purposes of this section, a person who issues or transfers a check or negotiable instrument is presumed to know that it will be dishonored, if either of the following occurs:
(1) The drawer had no account with the drawee at the time of issue of the stated date, whichever is later.
(2) The check or instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, endorser or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
(e) For purposes of this section, a person who issues or transfers a check, bill of exchange, or other draft is presumed to have the purpose to defraud if the drawer fails to comply with section 1349.16 of the Revised Code by doing any of the following when opening a checking account intended for personal, family, or household purposes at a financial institution:
(1) Falsely stating that the drawer has not been issued a valid driver's or commercial driver's license or identification card issued under section 4507.50 of the Revised Code;
(2) Furnishing such license or card, or another identification document that contains false information;
(3) Making a false statement with respect to the drawer's current address or any additional relevant information reasonably required by the financial institution.
(f) Whoever violates this section is guilty of passing bad checks, a misdemeanor of the first degree, if the check or other negotiable instrument is for payment of less than one thousand dollars ($1,000.00).
(ORC 2913.11; Ord. 519-11. Passed 11-15-11.)