Brief ⁽¹⁾

HB 2296 amends the forgery statute by establishing graduated penalties for first, second, and third or subsequent convictions, and by expanding the civil penalties for giving worthless checks.

In regard to the crime of forgery, the bill does the following:

• For a first conviction, a mandatory fine of the amount of the forged instrument or $500, whichever is less;
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• For a second conviction, a mandatory sentence of no more than 30 days imprisonment as a condition of probation and a fine of the amount of the forged instrument or $1,000, whichever is less; and
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• For a third or subsequent conviction, a mandatory sentence of no more than 45 days imprisonment as a condition of probation and a fine of the amount of the forged instrument or $2,500, whichever is less.

The bill provides that if an offender's criminal history makes the offender subject to presumptive imprisonment or if there is a departure that makes the offender subject to imprisonment, the new provisions of the bill apply and the offender will not be subject to other mandatory sentences.

The Senate Committee deleted the provision making the crime of forgery subject to the forfeiture law.

The Senate Committee added provisions of HB 2549 which amends the law regarding worthless checks to provide the following:

• Expand the liability for writing a worthless check to include interest at the statutory rate;
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• Change the current law that refers to the use of restricted mail for a written demand to first class mail;
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• Provide that a service charge or worthless check shall not exceed $30;
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• Add an element to the definition of giving a worthless check that includes a check for which the maker has not tendered to the holder's agent the money demanded within the allowable time limit; and
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• The bill is effective upon publication in the Kansas Register.

Background

The conferee representing the Kansas Bankers Association appeared in support of the bill. Others who spoke in favor of the measure include delegates from the Topeka Police Department, Intrust Bank, the Heartland Community Bankers Association, the Wichita Police Department, and the Kansas County and District Attorneys Association.

The fiscal note on the bill as drafted indicates that there could be a decrease on the state prison population by 49 to 60 beds as of June 30, 2002. The decrease could reach 60 to 68 beds by June 30, 2011. A specific local fiscal effect could not be estimated.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi