GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

HOUSE BILL 7
RATIFIED BILL

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 collection 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  checks in cases that  may be prosecuted under 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 district attorney shall establish criteria for the types of worthless check cases that will be eligible under the program.
(c)	If 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. 25-3-506, then the district attorney shall not prosecute the worthless check case under G.S. 14‑107.
(d)	The Administrative Office of the Courts shall establish procedures for remitting the fee and providing restitution to the check taker.
(e)	This section applies only to 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 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 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.

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		 Beverly E. Perdue
	 President of the Senate

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		 James B. Black
	 Speaker of the House of Representatives