On and after July 1, 1983, when a complaint for worthless check warrant is received by a magistrate court, the person receiving the complaint shall consult the current list of worthless check warrants for the county and any current lists of other counties in his possession to determine whether the defendant named in the complaint for warrant is also named on the list or lists as a person who has had worthless check warrants issued against him during the period covered by the lists. If the list or lists consulted indicate that the person named in the complaint has had not more than one worthless check warrant issued against him within the time period covered by the lists, the person receiving the complaint for warrant shall proceed to have a warrant issued or a notice served, as may be appropriate, in accordance with the provisions of section thirty-nine-g of this article. If the list or lists consulted indicate that the person named in the complaint has had two or more worthless check warrants issued against him within the time period covered by the lists, the person receiving the complaint for warrant shall not cause a warrant to be issued, but shall instead forthwith prepare a “Notice of Multiple Worthless Check Warrants,” which shall be in a form substantially as follows:
“NOTICE OF MULTIPLE WORTHLESS CHECK WARRANTS
THIS NOTICE IS TO BE ISSUED ONLY WHEN AN INDIVIDUAL HAS HAD TWO OR MORE WORTHLESS CHECK WARRANTS ISSUED IN THE PRECEDING TWELVE MONTHS
To: prosecuting attorney of ............................. County From: Magistrate Court of ............................... County
This is to notify you that .............................. who resides at ...................................................... has issued worthless checks during the preceding twelve months for which warrants have been issued.
In accordance with the provisions of section thirty-nine-i, article three, chapter sixty-one of the Code of West Virginia you have ten days to advise this court on how to proceed in this matter.”
A list of the worthless check warrants shall be attached to said notice, along with information concerning the check which is the subject of the pending complaint for worthless check warrant. Warrant numbers, check numbers, dates of checks, amounts of checks, payees, and drawee financial institutions for the checks listed shall be set forth.
Immediately upon preparation of the said notice, a copy thereof shall be forwarded to the prosecuting attorney of each county upon whose list of worthless check warrants the defendant's name appears.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 3. Crimes Against Property
§61-3-1. Burning, etc., of a Dwelling or Outbuilding; First Degree Arson; Penalty; Definitions
§61-3-2. Burning, etc., of Other Buildings or Structures; Second Degree Arson; Penalty
§61-3-4. Attempt to Commit Arson; Fourth Degree Arson; Penalty
§61-3-5. Burning, or Attempting to Burn, Insured Property; Penalty
§61-3-6. Willfully, Unlawfully and Maliciously Setting Fire on Lands; Penalty
§61-3-7. Causing Injuries During an Arson-Related Crime; Penalties
§61-3-8. Recovery of Costs Incurred in Fighting Fires Caused by Arson
§61-3-11. Burglary; Entry of Dwelling or Outhouse; Penalties
§61-3-13. Grand and Petit Larceny Distinguished; Penalties
§61-3-14. Larceny of Bank Notes, Checks, Writings of Value and Book Accounts; Penalty
§61-3-15. How Value of Notes, Book Accounts and Other Writings Determined
§61-3-16. Larceny of Things Savoring of Realty
§61-3-18. Receiving or Transferring Stolen Goods
§61-3-20a. Embezzlement by Misuse of Power of Attorney or Other Fiduciary Relationship; Penalty
§61-3-21. Embezzlement by Carrier or Other Person
§61-3-22. Falsifying Accounts; Penalty
§61-3-22a. Possession or Use of Automated Sales Suppression Devices; Penalty
§61-3-23. Destroying or Concealing Will; Embezzlement by Fiduciary; Penalty
§61-3-24c. Intercepting or Monitoring Customer Telephone Calls; Penalty
§61-3-24d. Fraudulent Schemes; Cumulation of Amounts Where Common Scheme Exists; Penalties
§61-3-24f. Wrongfully Seeking Workers' Compensation; False Testimony or Statements; Penalties; Venue
§61-3-25. Casting Away, Destroying or Interfering With Floating Craft or Material; Penalty
§61-3-27. Malicious Killing of Animals by Poison or Otherwise; Penalty
§61-3-28. Offenses Against Railroad Property and Persons on Railroad Property; Definitions
§61-3-33. Entry Upon Inclosed Lands; Penalty; Liability for Damages
§61-3-34. Taking or Injuring Garden or Field Crops; Penalties
§61-3-35. Digging Cultivated Ginseng; Penalty
§61-3-36. Anchoring or Beaching Shanty Boats on Lands of Another; Penalties
§61-3-37. False Statement as to Financial Condition of Person, Firm or Corporation; Penalty
§61-3-38. Publication of False Advertisements; Penalty
§61-3-39. Obtaining Property in Return for Worthless Check; Penalty
§61-3-39a. Making, Issuing, etc., Worthless Checks on a Preexisting Debt; Penalty
§61-3-39c. Reason for Dishonor; Duty of Drawee
§61-3-39d. Prima Facie Evidence of Knowledge; Identity; Penalty for Providing False Information
§61-3-39e. Notice of Dishonor by Payee; Service Charge
§61-3-39f. Manner of Filing Complaint for Warrant; Form
§61-3-39g. Complaint; Notice of Complaint; Issuance of Warrant; Payment Procedures; Costs
§61-3-39h. Payment of Costs in Worthless Check Cases; Disposition of Certain Costs
§61-3-39i. Preparation of List of Worthless Check Warrants
§61-3-39j. Use of Worthless Check List Upon Receipt of Complaint for Warrant
§61-3-39n. Notice to Persons Accepted to the Worthless Check Restitution Program
§61-3-39o. Agreement to Suspend Prosecution of a Person Accepted Into the Restitution Program
§61-3-39p. Fees for Participation in the Worthless Check Restitution Program
§61-3-40. Fraudulently Obtaining Food or Lodging; Penalty
§61-3-41. Employees Conservators of the Peace; Special Railroad Policemen; Penalties
§61-3-42. Intoxication of Person in Charge of Locomotive Engine or Car; Penalties
§61-3-44. Procuring Gas, Water or Electricity, by Device, With Intent to Defraud; Penalty
§61-3-45. Tampering With Pipes, Tubes, Wires or Electrical Conductors; Penalty
§61-3-45a. Unlawful Opening of Pipes, Pipelines, Tanks, etc.; Penalties
§61-3-46. Use of Slugs, False Coins, etc., in Coin-Box Telephone; Penalty
§61-3-47. Dams or Obstructions in Watercourses; Penalty
§61-3-49b. Disruption of Communications and Utilities Services
§61-3-51. Precious Metals and Gem Dealers; Records; Prohibited Acts
§61-3-52. Wrongful Injuries to Timber; Criminal Penalties
§61-3-53. Unauthorized Use of Dumpsters
§61-3-54. Taking Identity of Another Person; Penalty
§61-3-55. Failure to Pay for Gasoline
§61-3-56. Scanning Device or Reencoder Fraud; Felony; Definitions; and Penalties
§61-3-57. Possession of Bogus Receipts or Universal Product Codes With Intent to Defraud; Penalties