| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB746 by Bonnen (Relating to notice of the presumption of theft by check.), Committee Report 1st House, Substituted |
The bill would amend the Code of Criminal Procedure to authorize a county attorney, district attorney, or criminal district attorney to impose a delivery notification fee of not more than $15 in addition to other collection fees that may be imposed on a person who is charged with having issued a check or other sight order for which there were insufficient funds. The attorney would be required to impose the delivery notification fee if the offense is a Theft, Theft of Service, Issuance of Bad Check, or Forgery. On receipt of proof of the actual costs expended, the fee shall be remitted to the holder of the check or similar sight order.
The bill would take effect September 1, 2005 and would apply only to an offense committed on or after that date.
It is anticipated that the additional administrative responsibilities of the county, district, or criminal district attorneys for collecting the delivery notification fee and remitting it to the holder of the check or similar sight order could be absorbed using existing resources.
No significant fiscal implication to units of local government is anticipated.
| Source Agencies: |
| LBB Staff: | JOB, KJG, DLBa
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