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                                                       PRINTER'S NO. 691

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 618 Session of 2005


        INTRODUCED BY MAJOR, BAKER, BASTIAN, BOYD, CAPPELLI, CAUSER,
           CLYMER, CREIGHTON, DALLY, DENLINGER, DeWEESE, FAIRCHILD,
           GEIST, GINGRICH, GOOD, GRELL, HARRIS, HASAY, HENNESSEY,
           HERMAN, HERSHEY, KILLION, O'NEILL, PHILLIPS, RAYMOND,
           REICHLEY, ROSS, SAINATO, SATHER, SCAVELLO, SHANER, SOLOBAY,
           R. STEVENSON, E. Z. TAYLOR, TIGUE AND WILT, FEBRUARY 16, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 16, 2005

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     bad checks.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 4105(e) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 4105.  Bad checks.
     9     * * *
    10     (e)  Costs.--Upon conviction under this section the sentence
    11  shall include an order for the issuer or passer to reimburse the
    12  payee or such other party as the circumstances may indicate for:
    13         (1)  The face amount of the check.
    14         (2)  Interest at the legal rate on the face amount of the
    15     check from the date of dishonor by the drawee.
    16         (3)  A service charge if written notice of the service


     1     charge was conspicuously displayed on the payee's premises
     2     when the check was issued. The service charge shall not
     3     exceed $20 unless the payee is charged fees in excess of $20
     4     by financial institutions as a result of such bad check or
     5     similar sight order for the payment of money. If the payee is
     6     charged fees in excess of $20, then the [service charge shall
     7     not exceed the actual amount of the fees] payee shall be
     8     reimbursed the actual amount of the fees.
     9     Section 2.  This act shall take effect in 60 days.














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