§ 21-6-411 — Prosecuting attorneys - Certain checks, orders, drafts, or other forms of presentment involving transmission of account information

(a) A prosecuting attorney may collect a fee if his or her office collects and processes a check, order, draft, or other form of presentment involving the transmission of account information if the check, order, draft, or other form of presentment involving the transmission of account information has been issued or passed in a manner that makes the issuance or passing an offense under the: (1) Arkansas Criminal Code; or (2) Arkansas Hot Check Law, § 5-37-301 et seq. (b) A prosecuting attorney may collect a fee from any person issuing a bad check as described in subsection (a) of this section. The amount of the fee shall not exceed: (1) Twenty-five dollars ($25.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information does not exceed one hundred dollars ($100); (2) Forty-five dollars ($45.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than one hundred dollars ($100) but does not exceed three hundred dollars ($300); (3) Sixty-five dollars ($65.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than three hundred dollars ($300) but does not exceed five hundred dollars ($500); and (4) Ninety dollars ($90.00) if the face amount of the check, order, draft, or other form of presentment involving the transmission of account information is greater than five hundred dollars ($500). (c) If the person from whom the fee is collected was a party to the offense of forgery, under §§ 5-37-101 and 5-37-201 - 5-37-214 , by altering the face amount of the check, order, draft, or other form of presentment involving the transmission of account information, the face amount as altered governs for purposes of determining the amount of the fee. (d) Fees collected under this section shall be deposited into a special fund to be administered by the prosecuting attorney. (e) (1) In those counties in which the sheriff is operating a hot check program and the prosecuting attorney is not operating such a program on September 20, 1985, the sheriff shall be entitled to continue the program as long as he or she elects to do so and the prosecuting attorney shall not initiate any such program in the county unless the sheriff in the county discontinues his or her program. (2) In those counties in which the sheriff operates a hot check program, the sheriff's office shall be entitled to the same fees as provided in this section, but all fees shall be paid into an account for the sheriff's office and shall be subject to appropriation by the quorum court to be used to defray the cost of the hot check program and other costs of the sheriff's office. (f) This section is cumulative to all other acts and shall not repeal any other act.

Legislative History

Amended by Act 2015, No. 1151,§ 1, eff. 7/22/2015. Acts 1985 (1st Ex. Sess.), No. 33, §§ 2-4; A.S.A. 1947, §§ 67-727, 67-728, 67-728n; Acts 2003, No. 1088, § 1; 2011, No. 997, § 1.