North Carolina HB 1026: Worthless Check Program/Extend Statewide.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003

SESSION LAW 2003-377
HOUSE BILL 1026

AN ACT TO MAKE THE PROGRAM FOR THE COLLECTION OF WORTHLESS
CHECKS AVAILABLE STATEWIDE.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 14-107.2 is amended by adding a new subsection to read:
"(a1) The Administrative Office of the Courts may authorize the establishment of a
program for the collection of worthless checks in any prosecutorial district where
economically feasible. The Administrative Office of the Courts may consider the
following factors when making a feasibility determination:
(1) The population of the district.
(2) The number of worthless check prosecutions in the district.
(3) The availability of personnel and equipment in the district."
SECTION 2. G.S. 14-107.2(b) reads as rewritten:
"(b) Upon authorization by the Administrative Office of the Courts, aA 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."
SECTION 3. G.S. 14-107.2(e) is repealed.
SECTION 4. G.S. 7A-346.2(b) reads as rewritten:
"(b) The Administrative Office of the Courts shall report by April 1 of each
odd-numbered 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 implementationeconomic viability 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.G.S. 14-107.2, including an assessment of whether any adjustments need to be
made to ensure that the programs, on a statewide basis, are self-supporting."
SECTION 4. As soon as practicable, the Administrative Office of the Courts
shall determine the economic feasibility of establishing a worthless check collection
program in Prosecutorial Districts 1, 3A, 18, 25, 28, and 29. The Administrative Office
of the Courts shall authorize the establishment of a worthless check collection program
in any or all of the prosecutorial districts identified in this section that are determined to
be economically feasible before it authorizes a worthless check collection program in
any other prosecutorial district.

Page 2 Session Law 2003-377 House Bill 1026
SECTION 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 18
th day of
July, 2003.

s/ Beverly E. Perdue
President of the Senate

s/ Richard T. Morgan
Speaker of the House of Representatives

s/ Michael F. Easley
Governor

Approved 11:17 a.m. this 1
st day of August, 2003