THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COX, BARRAR, BOYD, CREIGHTON, FAIRCHILD, KORTZ, MOUL, O'NEILL, READSHAW, ROCK, ROHRER, SIPTROTH, SWANGER, THOMAS AND YOUNGBLOOD, FEBRUARY 6, 2009

REFERRED TO COMMITTEE ON COMMERCE, FEBRUARY 6, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in forgery and fraudulent practices,

further providing for the offense of bad checks; and imposing

powers and duties on the Department of Banking.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4105 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 4105.  Bad checks.

* * *

(f)  Notice of conviction.--

(1)  Where a person is convicted of a third or subsequent

offense under this section within a five-year period, the

court shall notify the Department of Banking by sending a

copy of the criminal complaint, the criminal information

filed in the case and a certified copy of the conviction to

the department. Upon receipt, the department shall create a

repeat bad check offender profile which shall include:

(i)  the name of the convicted person;

(ii)  the address or addresses at which the convicted

person resided at the time of conviction;

(iii)  the name of the financial institution upon

which the check or similar sight order was drawn;

(iv)  the account number if the account upon which

the check or similar sight was drawn is closed; and

(v)  a statement that the individual is a repeat bad

check offender.

(2)  The department shall maintain the repeat bad check

offender profile for a period of five years, commencing on

the date of the person's conviction.

(g)  Internet posting of repeat offenders.--The Secretary of

Banking shall do all of the following:

(1)  Develop and maintain a system for making the

information described under subsection (f) available by

electronic means so that the public may obtain access to the

information via an Internet website in order to view an

individual record.

(2)  Create a program and develop regulations to permit

the public to access and search the Internet website in

accordance with paragraph (1). The department shall, by

regulation, require members of the public to register with

the department prior to gaining access to the Internet

website and may impose a registration fee not to exceed $200

per year in order to access the Internet website.

(3)  Ensure that the Internet website contains warnings

that any person who uses the information contained on the

Internet website to threaten, intimidate or harass another or

who otherwise misuses the information may be criminally

prosecuted.

(4)  Ensure that the Internet website contains an

explanation of its limitations, including statements

advising:

(i)  that a positive identification of a repeat

offender whose record has been made available may be

confirmed only by fingerprints;

(ii)  that some information contained on the Internet

website may be outdated or inaccurate; and

(iii)  that the Internet website is not a

comprehensive listing of every person who has ever passed

a bad check in this Commonwealth.

(5)  Strive to ensure that the information contained on

the Internet website is accurate and that the data therein is

revised and updated as appropriate in a timely and efficient

manner.

(6)  Provide on the Internet website general information

designed to inform and educate the public about personal

financial matters, the substance of this section, as well as

pertinent and appropriate information concerning crime

prevention and personal safety, with appropriate links to

other relevant Internet websites operated by the

Commonwealth.

(h)  Additional fee upon conviction.--In addition to any

other cost or fee imposed, the court shall require a person

subject to subsection (f) to pay a fee not to exceed $15 to

cover the cost of the notice required under subsection (f).

Section 2.  This act shall take effect in 60 days.