093_SB1338

 
                                     LRB093 11065 RLC 11769 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 11065 RLC 11769 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 11065 RLC 11769 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.