GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-61
AN ACT TO PROVIDE THAT A PROGRAM ESTABLISHED BY A DISTRICT ATTORNEY FOR COLLECTION in WORTHLESS CHECK cases IN CERTAIN COUNTIES MAY INCLUDE WORTHLESS CHECK OFFENSES PUNISHABLE AS CLASS I FELONIES and Class 1 Misdemeanors AS WELL AS THOSE PUNISHABLE AS class 2 MISDEMEANORS and to make other clarifying, conforming, and technical changes.
The General Assembly of North Carolina enacts:
SECTION 1. G.S.14-107.2 reads as rewritten:
"§
14-107.2. Program for the collection of in worthless
check cases.
(a) As used in this section, the terms 'check passer' and 'check taker' have the same meaning as defined in G.S. 14-107.1.
(b) A district
attorney may establish a program for the collection of worthless check
checks in cases that would, if may be prosecuted under
G.S. 14-107, be punishable as a Class 2 misdemeanor. G.S. 14-107. The
district attorney may establish a program for the collection of worthless checks
in cases that would be punishable as misdemeanors, in cases that would be
punishable as felonies, or both. The purpose of the program is to
collect worthless checks in a more timely manner, to alleviate the need to
prosecute each worthless check case, and to provide an opportunity for the
check passer to avoid criminal prosecution. In creating the program, the The
district attorney must shall establish criteria for the types
of worthless check cases that will be eligible for collection under the
program.
(c) If the a
check passer participates in the program by paying the fee under G.S. 7A-308(c)
and providing restitution to the check taker for (i) the amount of the check or
draft, (ii) any service charges imposed on the check taker by a bank or depository
for processing the dishonored check, and (iii) any processing fees imposed by
the check taker pursuant to G.S. 25-3-512, G.S. 25-3-506, then
the district attorney will shall not prosecute the worthless
check case under G.S. 14-107.
(d) The Administrative
Office of the Courts must shall establish procedures for
remitting the fee and providing restitution to the check taker. For the
purposes of this section, the terms "check passer" and "check
taker" have the same meanings as defined in G.S. 14-107.1.
(e) This act section
applies only to Brunswick, Bladen, Brunswick, Columbus,
Cumberland, Durham, Edgecombe, Nash, New Hanover, Onslow, Pender, Rockingham,
Wake, and Wilson Counties."
SECTION 2. G.S. 7A-346.2(b) reads as rewritten:
"(b) The Administrative
Office of the Courts shall report by April 1 of each year to the Chairs of the
Senate and House Appropriations Committees and the Chairs of the Senate and
House Appropriations Subcommittees on Justice and Public Safety on the
implementation of the worthless check collection programs in Columbus,
Durham, Rockingham, and Wake Counties and the establishment of such programs in
Bladen, Brunswick, Cumberland, Edgecombe, Nash, New Hanover, Onslow, and
Pender, and Wilson Counties, established by district attorneys pursuant
to G.S. 14-107.2, including their effectiveness in assisting the recipients
of worthless checks in obtaining restitution and the amount of time saved in
from not prosecuting worthless check cases."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 10th day of May, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives