Pennsylvania Act 2007-70 — CRIMES CODE (18 PA.C.S.) - COSTS IMPOSED FOLLOWING CONVICTION FOR PASSING BAD CHECKS AND THE OFFENSE OF DEBT POOLING

Act text

CRIMES CODE (18 PA.C.S.) - COSTS IMPOSED FOLLOWING CONVICTION FOR PASSING
                BAD CHECKS AND THE OFFENSE OF DEBT POOLING
                  Act of Dec. 18, 2007, P.L. 462, No. 70              Cl. 18
                             Session of 2007
                               No. 2007-70

     HB 296

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for costs imposed
        following conviction for passing bad checks and for the
        offense of debt pooling.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 4105(e) and 7312(b) of Title 18 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 4105.  Bad checks.
        * * *
        (e)  Costs.--Upon conviction under this section the sentence
     shall include an order for the issuer or passer to reimburse the
     payee or such other party as the circumstances may indicate for:
            (1)  The face amount of the check.
            (2)  Interest at the legal rate on the face amount of the
        check from the date of dishonor by the drawee.
            (3)  A service charge if written notice of the service
        charge was conspicuously displayed on the payee's premises
        when the check was issued. The service charge shall not
        exceed [$20] $50 unless the payee is charged fees in excess
        of [$20] $50 by financial institutions as a result of such
        bad check or similar sight order for the payment of money. If
        the payee is charged fees in excess of [$20] $50, then the
        service charge shall not exceed the actual amount of the
        fees.
      § 7312.  Debt pooling.
        * * *
        (b)  Exceptions.--Subsection (a) of this section shall not
     apply to:
            (1)  Any person who is admitted to practice before the
        Supreme Court of Pennsylvania or any court of common pleas of
        this Commonwealth or any partnership or professional
        corporation all of the members or shareholders of which are
        so admitted.
            (2)  Better business bureaus, legal aid societies[,] or
        welfare agencies who act without compensation or profit on
        behalf of debtors as debt adjusters or debt poolers.
            (3)  Organizations in the business of debt adjusting or
        debt pooling that are exempt from taxation under section
        501(c)(3) of the Internal Revenue Code of 1986 (Public Law
        99-514, 26 U.S.C. § 501(c)(3)) or any successor provisions
        thereof.
        * * *
        Section 2.  This act shall take effect as follows:
            (1)  The amendment of 18 Pa.C.S. § 4105(e) shall take
        effect in 60 days.
            (2)  The remainder of this act shall take effect
        immediately.

     APPROVED--The 18th day of December, A. D. 2007.

     EDWARD G. RENDELL