District Attorneys

Plain English Breakdown

The candidate explanation included details that were speculative or not directly supported by the official bill summary and digest.

Act Changing Fees for Fraud and Economic Crimes

This act changes how fees are collected in cases of fraud and economic crimes by eliminating certain fees if a county has enacted a $12.50 court cost charge.

What This Bill Does

• Removes the requirement to collect specific fees related to fraud and economic crimes in counties that have enacted a $12.50 court cost charge for misdemeanors and felonies.
• Requires existing funds collected under the Fraud and Economic Crimes Prosecution Act to be held by district attorneys until they equal or exceed the new $12.50 court costs, then returned to the county government.

Who It Names or Affects

• District attorneys and their offices
• Courts collecting misdemeanor and felony court costs

Terms To Know

Fraud and Economic Crimes Prosecution Act

A law that sets up a program for handling cases involving fraudulent checks and economic crimes.

Limits and Unknowns

• The exact fiscal impact on state and local revenue cannot be determined.
• This act only applies in counties that have enacted a $12.50 court cost charge for misdemeanors and felonies.

Official Summary Text

Upon
approval by
a
two-thirds vote of the county legislative body
, present law requires
the clerk of every court having jurisdiction of state misdemeanors and felonies to include in every misdemeanor and felony cost bill, a charge of $12.50 that must be remitted to the county government, except in counties that are part of a multiple county
judicial district, in which case
such
charge must be remitted to the office of the executive director of the district attorneys general conference for the purpose of pr
oviding supplemental funding for the office of the district attorney general within that judicial district.

FRAUD AND ECONOMIC CRIMES PROSECUTION ACT

The
Fraud and Economic Crimes Prosecution Act
authorizes a victim, before the commencement of criminal prosecution in a bad check case, to apply to the clerk in the county where the alleged offense occurred for participation in the bad check restitution program, which, upon application along with a
$10 fee and any application fee, requires the clerk to forward the form to the district attorney general who will then send a letter to the last known address of the alleged violator stating that unless the amou
nt of the check plus the $10.00 handling fee, and any additional application fees, are paid to the holder of the check within 15 days, criminal prosecution will commence.

The Act requires
judges
presiding over
criminal prosecutions
to
order that the fees
are to
be paid by the person or corporations against whom the costs are taxed, and the clerk of the court is required to collect those fees when the costs are paid.
These fees include prosecutions for:



Worthless checks depending on the face amount of the check or sight order.


Forgeries with t
he face amount of the check or money order be
ing
the determining factor in arriving at the proper fee
.


All other offenses, where the fee is $75 regardless of the amount alleged to have been stolen or taken.

The Act provides that a
ny fees
so
collected must be collected by the clerk of the court in the same manner in which other costs are collected.

The clerk is entitled to a reasonable handling fee not to exceed 5% of the amount collected, except in Shelby
C
ounty
where
the fee
must not
exceed 10% of the amount collected.

WHEN COLLECTING THE ACT'S FEES ARE PROHIBITED

This bill provides that, upon the enactment of the $12.50 cost as described above,
the fees and assessments established in
the
Fraud and Economic Crimes Prosecution Act for fraud and economic crimes
as described above
must not be enforced within that county.

Any existing funds collected under
such Act
that are in the possession, custody, or control of a district attorney general must be held and retained by the district attorney general until the balance of the funds collected
from the $12.50 court costs
equal or exceed the balance of the fraud and economic crimes prosecution funds, at which time the balance of the funds deposited into
such fraud and economic crimes prosecution
account
s
must revert to and be remitted back to the county government of original assessment and collection.

Current Bill Text

HOUSE BILL 2491
By Williams

SENATE BILL 2039
By Stevens
SB2039
010794
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 3, relative to criminal offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 40, Chapter 3, Part 2, is amended by
adding the following new section:
Notwithstanding another law to the contrary, upon the enactment of the cost
authorized by § 40-3-106, the fees and assessments established in this part for fraud
and economic crimes must not be enforced within that county. Any existing funds
collected under this part that are in the possession, custody, or control of a district
attorney general must be held and retained by the district attorney general until the
balance of the funds collected pursuant to § 40-3-106 equals or exceeds the balance of
the fraud and economic crimes prosecution funds deposited into the account established
by § 40-3-207, at which time the balance of the funds deposited into the account
established by § 40-3-207 must revert to and be remitted back to the county government
of original assessment and collection.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.