71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 3263
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Multnomah
  County District Attorney's Office)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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;
 
 
Enrolled House Bill 3263 (HB 3263-INTRO)                   Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by House April 9, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 25, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3263 (HB 3263-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3263 (HB 3263-INTRO)                   Page 3