SB 854 Virginia Senate · 2017 Regular Session

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
Dec 2016
Committee Review
Feb 2017
Senate Passage
Feb 2017
House of Delegates Passage
Apr 2017
Governor
Introduced Dec 2, 2016 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
32
Key actions
8
Committee
8
Apr 5, 2017
Executive · Passed
Governor's recommendation adopted
executive
Apr 5, 2017
Legislature · Passed
House concurred in Governor's recommendation (99-Y 0-N)
legislature
Feb 24, 2017
Legislature · Passed
Conference report agreed to by House (95-Y 0-N)
legislature
Feb 24, 2017
Legislature · Passed
Amended by conference committee
legislature
Feb 23, 2017
Legislature · Passed
House requested conference committee
legislature
Feb 22, 2017
Legislature · Passed
Passed House with substitute BLOCK VOTE (100-Y 0-N)
legislature
Feb 22, 2017
Legislature · Passed
Engrossed by House - committee substitute SB854H1
legislature
Feb 22, 2017
Legislature · Passed
Committee substitute agreed to 17105513D-H1
legislature
Feb 8, 2017
Committee
Assigned Courts sub: Criminal Law
legislature
Feb 3, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Dec 2, 2016
Committee
Referred to Committee for Courts of Justice
legislature
Dec 2, 2016
Introduced
Prefiled and ordered printed; offered 01/11/17 17100685D
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bill Stanley
Bill Stanley
RRepublican
VA
7