HB 1661 - Worthless financial instruments; district attorney's action

First Reader Summary

A BILL to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to provide that any person holding a worthless instrument may file a complaint with the district attorney; to provide that the district attorney may begin prosecution immediately or make demand for restitution; and for other purposes.

Sherrill, Tom (62nd) Teper, Doug (61st) Polak, Michael C (67th)
Jenkins, Curtis S (110th) Henson, Michele (65th)
Status Summary HC: HumR SC: LA: 02/18/98 H - Favorably Reported
Page Numbers - 1/ 2
House Action Senate
2/13/98 Read 1st Time
2/16/98 Read 2nd Time
2/18/98 Favorably Reported

HB 1661                                            LC 21 4877 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 16-9-20 of the Official Code of 
  1- 2  Georgia Annotated, relating to deposit account fraud, so as 
  1- 3  to provide that any person holding a worthless instrument 
  1- 4  may file a complaint with the district attorney; to provide 
  1- 5  that the district attorney may begin prosecution immediately 
  1- 6  or make demand for restitution; to provide for an additional 
  1- 7  penalty in the case of a conviction or a restitution made 
  1- 8  prior to a conviction; to provide for the collection of such 
  1- 9  penalty; to provide for the payment of such funds to the 
  1-10  district attorney for use in investigating and prosecuting 
  1-11  certain crimes against the elderly and persons of diminished 
  1-12  mental capacity; to repeal conflicting laws; and for other 
  1-13  purposes. 
 
  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-15                           SECTION 1. 
 
  1-16  Code Section 16-9-20 of the Official Code of Georgia 
  1-17  Annotated, relating to deposit account fraud, is amended by 
  1-18  inserting at the end thereof the following: 
 
  1-19      "(l)(1) Any person holding a worthless instrument who 
  1-20      has given notice as provided in subparagraph (a)(2)(B) 
  1-21      of this Code section may file a complaint with the 
  1-22      district attorney of the judicial circuit in which venue 
  1-23      lies. Once a complaint is filed, the district attorney 
  1-24      may either initiate prosecution or make written demand 
  1-25      for restitution on the instrument. 
 
  1-26      (2) In any case in which a conviction is obtained or in 
  1-27      which restitution is made after the complaint is filed 
  1-28      with the district attorney but before a conviction, an 
  1-29      additional penalty in the amount of the greater of 5 
  1-30      percent of the face value of the instrument or $20.00 
  1-31      shall be assessed. Such amount shall be paid to and 
  1-32      collected by the court officer charged with the duty of 
  1-33      collecting moneys arising from fines and shall be paid 
  1-34      over to the district attorney on a quarterly basis. The 
 
 
 
                                 -1- 
 
 
 
  2- 1      district attorney shall use any funds so received to 
  2- 2      investigate and prosecute offenses involving theft, as 
  2- 3      provided in Article 1 of Chapter 8 of this title, or 
  2- 4      fraud and related offenses, as provided in Article 4 of 
  2- 5      this chapter, perpetrated against elderly persons or 
  2- 6      persons of diminished mental capacity." 
 
  2- 7                           SECTION 2. 
 
  2- 8  All laws and parts of laws in conflict with this Act are 
  2- 9  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98