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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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CHAPTER 62
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SENATE BILL 1312 |
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AN ACT
amending section 13‑1809, Arizona Revised Statutes; relating to theft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1809, Arizona Revised Statutes, is amended to read:
13-1809. Jurisdiction; restitution; fees; deferred prosecution
A. The county attorney may prosecute any violation of section 13‑1807. If the defendant is alleged to have committed multiple violations of section 13‑1807 within the same county, the county attorney may file a complaint charging all of the violations that have not previously been filed in the justice of the peace precinct in which the greatest number of violations are alleged to have occurred.
B. A person who is charged with an offense under this chapter may make restitution for the bad checks. Before a conviction, restitution shall be made through the prosecutor's office if collection and processing were initiated through that office. Restitution shall include at a minimum the face amount of the check. The fact that restitution to the party injured is made and that any costs of filing with the county attorney are paid is a mitigating factor in any imposition of punishment for any violation of this chapter. On sentencing, the court may require any person convicted under this chapter to make restitution in an amount not to exceed twice the amount of the dishonored check or fifty dollars $50, whichever is greater, together with all applicable costs and fees. This is in addition to any other punishment imposed under this chapter.
C. A county attorney may collect a fee if the county attorney's office collects and processes a check if the check is issued or passed in a manner that makes the issuance or passing an offense under section 13‑1802, 13‑1807 or 13‑2310 or has been forged under section 13‑2002.
D. The county attorney may collect the fee from any person who is a party to an offense described in this section.
E. The amount of the fee for each check shall not exceed:
1. Seventy-five dollars $75 if the face amount of the check does not exceed one hundred dollars $100.
2. One hundred dollars $100 if the face amount of the check is greater than one hundred dollars $100 but does not exceed three hundred dollars $300.
3. One hundred twenty-five dollars $125 if the face amount of the check is greater than three hundred dollars $300 but does not exceed one thousand dollars $1,000.
4. Twenty per cent percent of the face amount of the check if the check is greater than one thousand dollars $1,000.
F. If the person from whom the fee is collected was a party to the offense of forgery under section 13‑2002 and the offense was committed by altering the face amount of the check, the face amount as altered governs for the purpose of determining the amount of the fee prescribed in subsection E of this section.
APPROVED BY THE GOVERNOR APRIL 10, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 10, 2019.