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MI HB4894
Bill
Status
5/20/2021
Primary Sponsor
Greg VanWoerkom
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AI Summary
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Amends MCL 750.157w to add prima facie evidence provisions for financial transaction device fraud involving unauthorized withdrawals or transfers.
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Establishes that failure to remedy nonpayment within 5 days after receiving notice from the account holder constitutes prima facie evidence of intent to defraud.
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Provides that a notice of protest due to insufficient funds is admissible as proof of presentation, nonpayment, protest, intent to defraud, and knowledge of insufficient funds or credit.
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Changes statutory language from "shall" to "must" regarding court determination of prior convictions at sentencing without jury involvement.
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Preserves existing penalty structure for the offense, ranging from misdemeanor (up to 93 days or $500) for amounts under $200 to felony (up to 10 years or $15,000) for amounts of $20,000 or more.
Legislative Description
Financial institutions: credit cards; notice of insufficient funds and lack of payment; require to be deemed as evidence of intent. Amends sec. 157w of 1931 PA 328 (MCL 750.157w).
Consumer credit: credit cards
Last Action
Referred To Committee On Judiciary, With Substitute (h-1)
6/23/2021