§ 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 $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. $75 if the face amount of the check does not exceed $100.

2. $100 if the face amount of the check is greater than $100 but does not exceed $300.

3. $125 if the face amount of the check is greater than $300 but does not exceed $1,000.

4. Twenty percent of the face amount of the check if the check is greater than $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.