093_SB0211

 
                                     LRB093 03803 RLC 03838 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    adding Section 17-1b as follows:

 6        (720 ILCS 5/17-1b new)
 7        Sec.  17-lb.  State's  Attorney's  bad  check   diversion
 8    program.
 9        (a)  In this Section:
10        "Offender"  means  a  person  charged  with,  or for whom
11    probable cause exists to charge the  person  with,  deceptive
12    practices.
13        "Pretrial  diversion"  means the decision of a prosecutor
14    to refer an offender to a diversion program on condition that
15    the criminal charges against the offender will  be  dismissed
16    after  a  specified  period  of time, or the case will not be
17    charged, if the offender successfully completes the program.
18        "Restitution" means all amounts payable to  a  victim  of
19    deceptive  practices  under  a  bad  check  diversion program
20    created under this Section, including the amount of the check
21    and any transaction fees payable to a victim as set forth  in
22    subsection (g).
23        (b)  A  State's  Attorney  may  create  within his or her
24    office a bad check diversion program for offenders who  agree
25    to   voluntarily   participate  in  the  program  instead  of
26    undergoing prosecution. The program may be conducted  by  the
27    State's  Attorney  or by a private entity under contract with
28    the State's Attorney. If the State's Attorney contracts  with
29    a  private  entity  to  perform any services in operating the
30    program, the entity  shall  operate  under  the  supervision,
31    direction,  and  control of the State's Attorney. Any private
 
                            -2-      LRB093 03803 RLC 03838 b
 1    entity  providing  services  under  this  Section  is  not  a
 2    "collection  agency"  as  that  term  is  defined  under  the
 3    Collection Agency Act.
 4        (c)  If an offender is referred to the State's  Attorney,
 5    the  State's  Attorney  may determine whether the offender is
 6    appropriate  for  acceptance  in  the  program.  The  State's
 7    Attorney  may  consider,  but  shall  not   be   limited   to
 8    consideration of, the following factors:
 9             (1)  the  amount  of  the  check  that  was drawn or
10        passed;
11             (2)  prior referrals of the offender to the program;
12             (3)  whether other charges  of  deceptive  practices
13        are pending against the offender;
14             (4)  the  evidence presented to the State's Attorney
15        regarding the facts and circumstances of the incident;
16             (5)  the offender's criminal history; and
17             (6)  the reason the  check  was  dishonored  by  the
18        financial institution.
19        (d)  The  bad  check  diversion  program  may  require an
20    offender to do one or more of the following:
21             (i)  pay  for,  at  his  or  her  own  expense,  and
22        successfully complete an educational class  held  by  the
23        State's  Attorney or a private entity under contract with
24        the State's Attorney;
25             (ii)  make full restitution for the offense;
26             (iii)  pay a per-check  administrative  fee  as  set
27        forth in this Section.
28        (e)  If  an  offender  is  diverted  to  the program, the
29    State's Attorney shall agree in writing not to prosecute  the
30    offender  upon  the  offender's  successful completion of the
31    program  conditions.  The  State's  Attorney's  agreement  to
32    divert the offender shall specify the offenses that will  not
33    be  prosecuted  by  identifying  the  checks  involved in the
34    transactions.
 
                            -3-      LRB093 03803 RLC 03838 b
 1        (f)  The  State's  Attorney,  or  private  entity   under
 2    contract with the State's Attorney, may collect a fee from an
 3    offender   diverted  to  the  State's  Attorney's  bad  check
 4    diversion program. This  fee  may  be  deposited  in  a  bank
 5    account maintained by the State's Attorney for the purpose of
 6    depositing  fees  and paying the expenses of the program. The
 7    State's Attorney may require that the fee be paid directly to
 8    a  private  entity  that  administers  the  program  under  a
 9    contract  with  the  State's  Attorney.  The  amount  of  the
10    administrative fees collected by the State's  Attorney  under
11    the  program  may  not exceed $35 per check. The county board
12    may, however, by ordinance, increase the fees allowed by this
13    Section if the increase is justified by  an  acceptable  cost
14    study  showing  that the fees allowed by this Section are not
15    sufficient to cover the cost of providing the service.
16        (g)  The  State's  Attorney,  or  private  entity   under
17    contract  with the State's Attorney, may recover, in addition
18    to the face amount  of  the  dishonored  check  or  draft,  a
19    transaction  fee to defray the costs and expenses incurred by
20    a victim who received a dishonored check  that  was  made  or
21    delivered  by the offender. The transaction fee shall be paid
22    to the victim as restitution for the offense. The  amount  of
23    the  transaction  fee must not exceed: $25 if the face amount
24    of the check or draft does not exceed $100; $30 if  the  face
25    amount  of  the  check or draft is greater than $100 but does
26    not exceed $250; $35 if the face amount of the check or draft
27    is greater than $250 but does not exceed  $500;  $40  if  the
28    face  amount  of  the check or draft is greater than $500 but
29    does not exceed $1,000; and $50 if the  face  amount  of  the
30    check or draft is greater than $1,000.

31        Section  99.  Effective  date. This Act takes effect upon
32    becoming law.