Chapter 433 Oregon Laws 2001

AN ACT

HB 3263

Relating to diversion.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in this section, “bad check diversion program” means a program established under subsection (2) of this section.

(2) A district attorney may establish a bad check diversion program within the office of the district attorney.

(3) If a district attorney has established a bad check diversion program, upon receipt of a case alleging a violation of ORS 165.065, the district attorney shall determine if the case is appropriate to be referred to the bad check diversion program. In determining whether to refer the case to the bad check diversion program, the district attorney shall consider, in addition to any other factors the district attorney deems appropriate, the following:

(a) The amount of the bad check;

(b) Whether the person alleged to have negotiated the bad check has a prior criminal record or has previously participated in a bad check diversion program;

(c) The number of violations of ORS 165.065 the person is alleged to have committed in the current or prior allegations;

(d) Whether current charges of violating ORS 165.065 are pending against the person; and

(e) The strength of the evidence of intent to defraud the victim.

(4) When a case is referred to the bad check diversion program, the district attorney shall send a notice to the person who is alleged to have violated ORS 165.065. The notice must contain:

(a) The date and amount of the bad check;

(b) The name of the payee;

(c) The date before which the person is required to contact the district attorney, or a person designated by the district attorney, concerning the bad check; and

(d) The penalty for a violation of ORS 165.065.

(5) The district attorney may enter into a written agreement with the person alleged to have violated ORS 165.065 to forego prosecution of the violation if the person agrees to do the following within a six-month period:

(a) Complete a class conducted by the district attorney, or by a private entity under contract to the district attorney, relating to writing checks;

(b) Make full restitution to the payee; and

(c) Pay any collection fee imposed by the district attorney under subsection (6) of this section.

(6) A district attorney may collect a fee if the district attorney collects and processes a bad check. The amount of the fee may not exceed $35 for each bad check in addition to the actual amount of any bank charge incurred by the victim as a result of the bad check.

(7) The district attorney may not require a person alleged to have violated ORS 165.065 to make an admission of guilt as a prerequisite to participating in a bad check diversion program.

(8) The following are not admissible in any civil or criminal action against a person arising from negotiating a bad check:

(a) A statement, or any information derived from the statement, made by the person in connection with the determination of the person’s eligibility to participate in a bad check diversion program.

(b) A statement, or any information derived from the statement, made by the person after the person is determined to be eligible to participate in a bad check diversion program.

(c) A statement, or any information derived from the statement, made by the person while participating in a bad check diversion program.

(d) Information about the person’s participation in a bad check diversion program.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date January 1, 2002

__________