North Carolina § 14-107 - 2. Program for collection in worthless check cases.

§ 14-107. 2. Program for collection in worthless check cases.

As used in this section, the terms "check passer" and "check taker" have the same meaning as defined in G.S. 14-107.1. 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: The population of the district. The number of worthless check prosecutions in the district. The availability of personnel and equipment in the district. Upon authorization by the Administrative Office of the Courts, 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. A community mediation center may establish and charge fees for its services in the collection of worthless checks as part of a program established under this section and may assist the Administrative Office of the Courts and district attorneys in the establishment of worthless check programs in any districts in which worthless check programs have not been established. 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. The Administrative Office of the Courts shall establish procedures for remitting the fee and providing restitution to the check taker. Repealed by Session Laws 2003-377, s. 3, effective August 1, 2003. History (1997-443, s. 18.22(b); 1998-23, s. 11(a); 1998-212, s. 16.3(a); 1999-237, s. 17.7; 2000-67, s. 15.3A(a); 2001-61, s. 1; 2003-377, ss. 1, 2, 3; 2011-145, s. 31.24(a).) Cross References. - As to the Collection of Worthless Checks Fund, see G.S. 7A-308(c) . As to report on implement of the worthless check collection program, see G.S. 7A-346.2 . Editor's Note. - Session Laws 1997-443, s. 18.22(b) has been codified as this section at the direction of the Revisor of Statutes. Initially, Session Laws 1997-443, s. 18.22(d) provided that s. 18.22(b) would apply to Columbus, Durham and Rockingham Counties only, and s. 18.22(e) provided that the act would become effective October 1, 1997, and would expire June 30, 1998. Session Laws 1998-23, s. 11(a) amended Session Laws 1997-443, s. 18.22(e) to provide that s. 18.22 would expire when the 1998 Appropriations Act became law; however, this provision was repealed by Session Laws 1998-212, s. 16.3(d). Section 16.3(a) of Session Laws 1998-212 provided that Session Laws 1997-443, s. 18.22 would expire June 30, 1999, and s. 16.3(d) of that act added Wake to the list of counties to which Session Laws 1997-443, s. 18.22 was applicable. Session Laws 1999-237, s. 17.7(a) deleted the sunset for Session Laws 1997-443, s. 18.22, as amended, and added Brunswick, Bladen, New Hanover, and Pender to the list of counties. Session Laws 2000-67, s. 15.3A, added Cumberland, Edgecombe, Nash, Onslow, and Wilson to the list of counties. Effect of Amendments. - Session Laws 2011-145, s. 31.24(a), effective July 1, 2011, added subsection (b1).