13-1809

13-1809. Jurisdiction; restitution; fees;
deferred prosecution

A. The county attorney may prosecute any violation of section 13-1807. If the
defendant is alleged to have committed multiple violations of this section within the
same county, the county attorney may file a complaint charging all of the violations that
have not previously been filed in the justice of the peace precinct in which the greatest
number of violations are alleged to have occurred.

B. A person who is charged with an offense under this chapter may make restitution
for the bad checks. Restitution shall be made through the prosecutor's office if
collection and processing were initiated through that office. Restitution shall include
at a minimum the face amount of the check. The fact that restitution to the party injured
is made and that any costs of filing with the county attorney are paid is a mitigating
factor in any imposition of punishment for any violation of this chapter. On sentencing,
the court may require any person convicted under this chapter to make restitution in an
amount not to exceed twice the amount of the dishonored check or fifty dollars, whichever
is greater, together with all applicable costs and fees. This is in addition to any
other punishment imposed under this chapter.

C. A county attorney may collect a fee if the county attorney's office collects and
processes a check if the check is issued or passed in a manner which makes the issuance
or passing an offense under section 13-1802, 13-1807 or 13-2310 or has been forged under
section 13-2002.

D. The county attorney may collect the fee from any person who is a party to an
offense described in this section.

E. The amount of the fee for each check shall not exceed:

1. Fifty dollars if the face amount of the check does not exceed one hundred
dollars.

2. Seventy-five dollars if the face amount of the check is greater than one
hundred dollars but does not exceed three hundred dollars.

3. One hundred dollars if the face amount of the check is greater than three
hundred dollars but does not exceed one thousand dollars.

4. Fifteen per cent of the face amount of the check if the check is greater than
one thousand dollars.

F. If the person from whom the fee is collected was a party to the offense of
forgery under section 13-2002 and the offense was committed by altering the face amount
of the check, the face amount as altered governs for the purpose of determining the
amount of the fee prescribed in subsection E of this section.