SENATE AMENDED
PRIOR PRINTER'S NO. 338 PRINTER'S NO. 2873
No. 296 Session of 2007
INTRODUCED BY R. STEVENSON, BOYD, CALTAGIRONE, DENLINGER,
GINGRICH, HUTCHINSON, M. KELLER, KOTIK, MILLARD, O'NEILL,
PHILLIPS, PICKETT, PYLE, REICHLEY, GEIST, SIPTROTH AND
WANSACZ, FEBRUARY 7, 2007
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 20, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for costs imposed
3 following conviction for passing bad checks AND FOR THE <--
4 OFFENSE OF DEBT POOLING.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4105(e) of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 SECTION 1. SECTIONS 4105(E) AND 7312(B) OF TITLE 18 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
11 § 4105. Bad checks.
12 * * *
13 (e) Costs.--Upon conviction under this section the sentence
14 shall include an order for the issuer or passer to reimburse the
15 payee or such other party as the circumstances may indicate for:
16 (1) The face amount of the check.
17 (2) Interest at the legal rate on the face amount of the
1 check from the date of dishonor by the drawee.
2 (3) A service charge if written notice of the service
3 charge was conspicuously displayed on the payee's premises
4 when the check was issued. The service charge shall not
5 exceed [$20] $50 unless the payee is charged fees in excess
6 of [$20] $50 by financial institutions as a result of such
7 bad check or similar sight order for the payment of money. If
8 the payee is charged fees in excess of [$20] $50, then the
9 service charge shall not exceed the actual amount of the
10 fees.
11 Section 2. This act shall take effect in 60 days. <--
12 § 7312. DEBT POOLING. <--
13 * * *
14 (B) EXCEPTIONS.--SUBSECTION (A) OF THIS SECTION SHALL NOT
15 APPLY TO:
16 (1) ANY PERSON WHO IS ADMITTED TO PRACTICE BEFORE THE
17 SUPREME COURT OF PENNSYLVANIA OR ANY COURT OF COMMON PLEAS OF
18 THIS COMMONWEALTH OR ANY PARTNERSHIP OR PROFESSIONAL
19 CORPORATION ALL OF THE MEMBERS OR SHAREHOLDERS OF WHICH ARE
20 SO ADMITTED.
21 (2) BETTER BUSINESS BUREAUS, LEGAL AID SOCIETIES[,] OR
22 WELFARE AGENCIES WHO ACT WITHOUT COMPENSATION OR PROFIT ON
23 BEHALF OF DEBTORS AS DEBT ADJUSTERS OR DEBT POOLERS.
24 (3) ORGANIZATIONS IN THE BUSINESS OF DEBT ADJUSTING OR
25 DEBT POOLING THAT ARE EXEMPT FROM TAXATION UNDER SECTION
26 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW
27 99-514, 26 U.S.C. § 501(C)(3)) OR ANY SUCCESSOR PROVISIONS
28 THEREOF.
29 * * *
30 SECTION 2. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
20070H0296B2873 - 2 -
1 (1) THE AMENDMENT OF 18 PA.C.S. § 4105(E) SHALL TAKE
2 EFFECT IN 60 DAYS.
3 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
4 IMMEDIATELY.
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