Section 1001.65 Of Chapter 2.9a. Bad Check Diversion From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.9a.
1001.65
. (a) A district attorney may collect a processing fee if
his or her office collects and processes a bad check. The amount of
the fee shall not exceed fifty dollars ($50) for each bad check in
addition to the actual amount of any bank charges, including the
returned check fee, if any, incurred by the victim as a result of the
offense.
(b) Notwithstanding subdivision (a), when a criminal complaint is
filed in a bad check case after the maker of the check fails to
comply with the terms of the bad check diversion program, the court,
after conviction, may impose a bad check processing fee for the
recovery and processing efforts by the district attorney of not more
than fifty dollars ($50) for each bad check in addition to the actual
amount of any bank charges incurred by the victim as a result of the
offense, including the returned check fee, if any, not to exceed one
thousand two hundred dollars ($1,200) in the aggregate. The court
also may, as a condition of probation, require a defendant to
participate in and successfully complete a check writing education
class. If so required, the court shall make inquiry into the
financial condition of the defendant and, upon a finding that the
defendant is able in whole or part to pay the expense of the
education class, the court may order him or her to pay for all or
part of that expense.
(c) If the district attorney elects to collect any fee for bank
charges incurred by the victim pursuant to this section, including
any fee charged for a returned check, that fee shall be paid to the
victim for any bank fees that the victim may have been assessed. In
no event shall reimbursement of a bank charge to the victim pursuant
to subdivision (a) or (b) exceed fifteen dollars ($15) per check.