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S 1103

An Act relative to clarifying check fraud jurisdiction and enhancing check washing penalties

194th Legislature (2025-2026) Introduced by Paul Feeney

Enacts a new check washing offense with penalties up to 10 years or $50,000 for over $1,200, and up to 2 years or $3,000 for $1,200 or less.

Accompanied a study order (under JR10), see S2886
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Bill Summary · S 1103

Summary — S 1103: “An Act relative to clarifying check fraud jurisdiction and enhancing check washing penalties”

Note: The source materials provided include text from two different legislative vehicles (a Massachusetts bill addressing check fraud/check washing and an unrelated Idaho credit union bill). The summary below focuses on the Massachusetts measure titled “An Act relative to clarifying check fraud jurisdiction and enhancing check washing penalties,” which matches the bill title and most substantive text provided.

Main purpose

To (1) clarify and expand venue options for prosecuting check-related larceny and forgery offenses, and (2) create a new criminal offense of “check washing” with tiered penalties tied to the amount fraudulently obtained or attempted.

Key provisions

  • Venue for check-related larceny/forgery (amendments to Mass. Gen. Laws ch. 266, §§ 30 and 37)

    • If the larceny involves money obtained by uttering a forged, altered, or counterfeit check/draft/order, prosecution may be brought either where the uttering (presentation) occurred or where the payee bank’s (or other depository’s) main office is located.
    • Similarly, for offenses under § 37, action may be taken in either the jurisdiction where the crime was committed or where the main office of the bank/depository is located.
    • Effect: gives prosecutors alternative venue options when the bank or victim’s location differs from where the act occurred.

  • New § 37½ — “Check washing; penalties”

    • Defines “check washing” as intercepting a check or money order and chemically or otherwise altering the payee name, the dollar amount, or both, and fraudulently cashing, depositing, or attempting to cash/deposit it.
    • Penalties:
    • If the fraudulently obtained or attempted amount exceeds $1,200: state prison up to 10 years, or a fine up to $50,000.
    • If the amount is $1,200 or less: jail up to 2 years, or a fine up to $3,000.

Who would be affected

  • Individuals who commit check washing or related check-fraud offenses: subject to new or increased criminal penalties.
  • Prosecutors and courts: gain flexibility on venue, which may aid investigations and trials when victims/banks and crime locations differ.
  • Financial institutions and check/payee victims: may see increased legal recourse and potentially stronger deterrence against tampering.
  • Law enforcement: may prioritize or pursue cases with clearer statutory definitions and stiffer penalties.

Potential impacts

  • Strengthens legal tools and penalties to deter and punish chemical/physical alteration (“washing”) of checks and money orders.
  • Aligns more serious thresholds (>$1,200) with harsher criminal sentencing, potentially reclassifying larger-scale check washing as a higher‑level felony.
  • Venue flexibility may increase prosecution success in cases where the physical location of the crime and the bank’s main office are in different jurisdictions.

Procedural / timeline notes

  • Filed in the Massachusetts Senate as Senate Docket No. 2511 / Senate Bill No. 1103 (filed 1/17/2025). Sponsor: Senator Paul R. Feeney.
  • Hearing scheduled: 09/23/2025, 1:00 PM–5:00 PM in A-2 (per materials provided).
  • No effective date specified in the bill text excerpt.

If you want, I can: (a) extract and present the exact statutory text changes formatted as redline, (b) compare these penalties to current Massachusetts law and sentencing practice, or (c) prepare likely prosecutorial or defense implications in more detail.

Compiled from official sources — confirm details with the bill’s official record.

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