Unpaid court fines, etc.; increases grace period for collection.
Summary
Increases the grace period after which collection activity for unpaid court fines, costs, forfeitures, penalties, and restitution may be commenced from 30 days to 90 days after sentencing or judgment. The bill also establishes the requirements for deferred or installment payment agreements that a court must offer a defendant who is unable to pay court-ordered fines, costs, forfeitures, and penalties. The bill requires that a court take into account a defendant's financial circumstances, including whether the defendant owes fines and costs to other courts, in setting the terms of a payment agreement, but such decision shall not be based solely on the amount of fines and costs owed. The bill fixes the maximum down payments that a court may require as a condition of entering a payment plan and provides that payments made within 10 days of their due date are timely made. The bill precludes a court from denying a defendant the opportunity to enter into a payment agreement solely because of the crime committed, the total amount owed or that such amount has been referred to collections, any previous default by the defendant or failure to establish a payment history, or the defendant's eligibility for a restricted driver's license. The bill allows all costs and fines owed by a defendant to any one court to be incorporated into one payment agreement and allows a defendant to request a modification of the terms of the agreement, which shall be granted upon a good faith showing of need. The bill requires a court to consider a request by a defendant who has defaulted on a payment agreement to enter into a subsequent agreement and requires the court to fix a down payment for subsequent payment agreements. Finally, the bill provides that the payment agreement includes restitution unless the court has entered a separate order regarding the payment of restitution. This bill is identical to
Bill status
passed
4 of 5 stages cleared
Introduction
Jan 2017
Committee Review
Feb 2017
House of Delegates Passage
Apr 2017
Senate Passage
Feb 2017
Governor
Introduced Jan 17, 2017
Last action Apr 5, 2017
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
36
Key actions
8
Committee
8
Amendments
2
Apr 5, 2017
Executive · Passed
Governor's recommendation adopted
executive
Apr 5, 2017
Legislature · Passed
House concurred in Governor's recommendation (98-Y 1-N)
legislature
Feb 24, 2017
Legislature · Passed
Conference report agreed to by House (92-Y 0-N)
legislature
Feb 21, 2017
Legislature · Passed
Senate requested conference committee
legislature
Feb 15, 2017
Introduced
Engrossed by Senate as amended
legislature
Feb 15, 2017
Legislature · Passed
Committee amendment agreed to
legislature
Feb 15, 2017
Introduced
Reading of amendment waived
legislature
Feb 3, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Feb 2, 2017
Legislature · Passed
Read third time and passed House BLOCK VOTE (95-Y 0-N)
legislature
Feb 1, 2017
Legislature · Passed
Engrossed by House - committee substitute HB2386H1
legislature
Feb 1, 2017
Legislature · Passed
Committee substitute agreed to 17104867D-H1
legislature
Jan 24, 2017
Committee
Assigned Courts sub: Criminal Law
legislature
Jan 17, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Jan 17, 2017
Introduced
Presented and ordered printed 17103954D
legislature
1 primary · 23 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
G. Manoli Loupassi
RRepublican
Co
Alfonso Lopez
DDemocratic
Co
Barry Knight
RRepublican
Co
Benjamin L. Cline
RRepublican
Co
Betsy Carr
DDemocratic
Co
Brenda L. Pogge
RRepublican
Co
Christopher K. Peace
RRepublican
Co
David E. Yancey
RRepublican
Co
Jason S. Miyares
RRepublican
Co
Joseph R. Yost
RRepublican
Co
Keith Hodges
RRepublican
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