Synopsis As Introduced Amends the Criminal Code of 1961. Provides that a State's Attorney may create within his or her office a bad check diversion program for offenders who agree to voluntarily participate in the program instead of undergoing prosecution. Provides that the program may be conducted by the State's Attorney or by a private entity under contract with the State's Attorney. Provides that the bad check diversion program may require an offender to: (1) pay for, at his or her own expense, and successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney; (2) make full restitution for the offense; (3) pay a per-check administrative fee. Provides that the State's Attorney, or private entity under contract with the State's Attorney, may recover, in addition to the face amount of the dishonored check or draft, a transaction fee to defray the costs and expenses incurred by a victim who received a dishonored check that was made or delivered by the offender. Provides that the transaction fee shall be paid to the victim as restitution for the offense.
House Floor Amendment No. 1 Provides that these private entities must maintain adequate liability insurance of $1,000,000 per occurrence and adequate coverage for potential loss resulting from employee dishonesty. Establishes grounds for the State's Attorney to revoke a contract with a private entity to operate a bad check diversion program. Provides that the State's Attorney must annually audit the program. Provides that funds of the program must be maintained in a special trust account. Provides that the information obtained by the private entity is confidential between the entity and the State's Attorney. Eliminates the provision that permits the State's Attorney or private entity under contract to collect an administrative fee to pay for the costs of the program. Provides that the State's Attorney shall resolve grievances between an offender and the private entity contracted to operate the bad check diversion program.