BILL NUMBER: AB 2606	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Emmerson and Krekorian

                        FEBRUARY 22, 2008

   An act to amend Sections 1001.60, 1001.62, 1001.64, and 1001.65 of
the Penal Code, relating to the bad check diversion program.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2606, as introduced, Emmerson. Bad check diversion program.
   Existing law authorizes a prosecution diversion program for bad
check criminal cases. Existing law sets the processing fees that may
be collected for each bad check in addition to the actual amount of
any bank charges at $35, for an aggregate total not to exceed $1,000.
Existing law sets the amount that the district attorney may pay
victims for bank fees that have been assessed for a bad check at $10.

   This bill would increase processing fees to $50, would authorize
inclusion of returned check fees in the processing fees, and would
increase the allowable aggregate total to be collected to $1,200. The
bill would increase the amount that the district attorney may pay
victims for assessed bank fees to $15 per check. The bill would make
other technical changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1001.60 of the Penal Code is amended to read:
   1001.60.  Upon the adoption of a resolution by the board of
supervisors declaring that there are sufficient funds available to
fund the program, the district attorney may create within his  or
her  office a diversion program pursuant to this chapter for
persons who write bad checks. For purposes of this chapter, "writing
a bad check" means making, drawing, uttering, or delivering any check
or draft upon any bank or depository for the payment of money where
there is probable cause to believe there has been a violation of
Section 476a. The program may be conducted by the district attorney
or by a private entity under contract with the district attorney.
  SEC. 2.  Section 1001.62 of the Penal Code is amended to read:
   1001.62.   (a)    On receipt of a bad check
case, the district attorney shall determine if the case is one which
is appropriate to be referred to the bad check diversion program. In
determining whether to refer a case to the bad check diversion
program, the district attorney shall consider, but is not limited to,
all of the following: 
   (a) 
    (1)  The amount of the bad check. 
   (b) 
    (2)  If the person has a prior criminal record or has
previously been diverted. 
   (c) 
    (3)  The number of bad check grievances against the
person previously received by the district attorney. 
   (d) 
    (4)  Whether there are other bad check grievances
currently pending against the person. 
   (e) 
    (5)  The strength of the evidence, if any, of intent to
defraud the victim. 
   (b) Any private entity conducting a diversion program under
contract with a district attorney shall apply referral criteria as
established and maintained by the district attorney. 
  SEC. 3.  Section 1001.64 of the Penal Code is amended to read:
   1001.64.  The district attorney may enter into a written agreement
with the person to forego prosecution on the bad check for a period
to be determined by the district attorney, not to exceed six months,
pending all of the following:
   (a) Completion of  and payment for, pursuant to subdivision
(c) of Section 1001.65,  a class or classes conducted by the
district attorney or private entity under contract with the district
attorney.
   (b) Full restitution being made to the victim of the bad check
 to hold   offenders accountable for victims' losses as
a result of criminal conduct  .
   (c) Full payment of the  collection fee  
diversion fees  , if any, specified in Section 1001.65.
  SEC. 4.  Section 1001.65 of the Penal Code is amended to read:
   1001.65.  (a) A district attorney may collect a  processing
 fee if his or her office collects and processes a bad check.
The amount of the fee shall not exceed  thirty-five dollars
($35)   fifty dollars ($50)  for each bad check in
addition to the actual amount of any bank charges  , including
the returned check fee, if any,  incurred by the victim as a
result of the offense.
   (b) Notwithstanding subdivision (a), when a criminal complaint is
filed in a bad check case after the maker of the check fails to
comply with the terms of the bad check diversion program, the court,
after conviction, may impose a bad check  collection
  processing  fee for the  collection
  recovery  and processing efforts by the district
attorney of not more than  thirty-five dollars ($35)
  fifty dollars ($50)  for each bad check in
addition to the actual amount of any bank charges incurred by the
victim as a result of the offense,  including the returned check
fee, if any,  not to exceed one thousand  two hundred 
dollars  ($1,000)   ($1,200)  in the
aggregate. The court also may, as a condition of probation, require a
defendant to participate in and successfully complete a check
writing education class. If so required, the court shall make inquiry
into the financial condition of the defendant and, upon a finding
that the defendant is able in whole or part to pay the expense of the
education class, the court may order him or her to pay for all or
part of that expense.
   (c) If the district attorney elects to collect any fee for bank
charges incurred by the victim pursuant to this section, 
including any fee charged for a returned check,  that fee shall
be paid to the victim for any bank fees that the victim may have been
assessed. In no event shall reimbursement of a bank charge to the
victim pursuant to subdivision (a) or (b) exceed  ten
  fifteen  dollars  ($10)  
($15)  per check.