Cal. Codes » Penal Code

Cal. Penal Code § 1001.65

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(a)A district attorney may collect a processing fee if his or her office collects and processes a bad check. The amount of the fee shall not exceed fifty dollars ($50) for each bad check in addition to the actual amount of any bank charges, including the returned check fee, if any, incurred by the victim as a result of the offense.

(b)Notwithstanding subdivision (a), when a criminal complaint is filed in a bad check case after the maker of the check fails to comply with the terms of the bad check diversion program, the court, after conviction, may impose a bad check processing fee for the recovery and processing efforts by the district attorney of not more than fifty dollars ($50) for each bad check in addition to the actual amount of any bank charges incurred by the victim as a result of the offense, including the returned check fee, if any, not to exceed one thousand two hundred dollars ($1,200) in the aggregate. The court also may, as a condition of probation, require a defendant to participate in and successfully complete a check writing education class. If so required, the court shall make inquiry into the financial condition of the defendant and, upon a finding that the defendant is able in whole or part to pay the expense of the education class, the court may order him or her to pay for all or part of that expense.

(c)If the district attorney elects to collect any fee for bank charges incurred by the victim pursuant to this section, including any fee charged for a returned check, that fee shall be paid to the victim for any bank fees that the victim may have been assessed. In no event shall reimbursement of a bank charge to the victim pursuant to subdivision (a) or (b) exceed fifteen dollars ($15) per check.

Notes of Decisions
Cited in 4 cases, 2006–2019 · leading case: Schwarm v. Craighead
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Schwarm v. Craighead (2008) caed “CaLPenal Code § 1001.65(a), (c); see also id.”
Del Campo v. Am. Corrective Counseling Serv., Inc. (2010) cand “See CaLPenal Code § 1001.65. 44 Here, it is undisputed that each Plaintiff received an “Official Notice” letter from ACCS on district attorney letterhead seeking payment of the check amount, a returned item fee of $10, an administrative fee of $35, and a “program fee” ranging…”
Del Campo v. Kennedy (2006) cand “Although California Penal Code Section 1001.65(a) and (e) authorizes private contractors such as ACCS to collect “the actual amount of any bank charges incurred,” the maximum amount of which is $10 in returned item fees, plaintiff alleges that banks charge certain merchants much…”
Solberg v. Victim Services, Inc. (2019) cand “Cal. Penal Code § 1001.65 (a), (c). The Act also authorizes the court to “require a defendant to participate in and successfully complete a check writing education class” as a condition of probation following a conviction.”
— Cal. Penal Code § 1001.65(a) — 2 cases
Schwarm v. Craighead (2008) caed “CaLPenal Code § 1001.65(a), (c); see also id.”
Del Campo v. Kennedy (2006) cand “Although California Penal Code Section 1001.65(a) and (e) authorizes private contractors such as ACCS to collect “the actual amount of any bank charges incurred,” the maximum amount of which is $10 in returned item fees, plaintiff alleges that banks charge certain merchants much…”
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