SB 854 Unpaid court fines, etc.; increases grace period for collection.
William M. Stanley, Jr. | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation: (all summaries)

Collection of unpaid court fines, etc. 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 HB 2386.

Full text:
12/02/16  Senate: Prefiled and ordered printed; offered 01/11/17 17100685D  pdf | impact statement
02/20/17  House: Committee substitute printed 17105513D-H1  pdf
02/24/17  Senate: Conference substitute printed 17105877D-S1  pdf
03/07/17  Senate: Bill text as passed Senate and House (SB854ER)  pdf | impact statement
04/05/17  Senate: Reenrolled bill text (SB854ER2)  pdf
04/05/17  Governor: Acts of Assembly Chapter text (CHAP0806)  pdf

Amendments:
Conference amendments
Governor's recommendation

Status:
12/02/16  Senate: Prefiled and ordered printed; offered 01/11/17 17100685D
12/02/16  Senate: Referred to Committee for Courts of Justice
01/25/17  Senate: Reported from Courts of Justice (15-Y 0-N)
01/27/17  Senate: Constitutional reading dispensed (39-Y 0-N)
01/30/17  Senate: Read second time and engrossed
01/31/17  Senate: Read third time and passed Senate (40-Y 0-N)
02/03/17  House: Placed on Calendar
02/03/17  House: Read first time
02/03/17  House: Referred to Committee for Courts of Justice
02/08/17  House: Assigned Courts sub: Criminal Law
02/15/17  House: Subcommittee recommends reporting with substitute (11-Y 0-N)
02/20/17  House: Reported from Courts of Justice with substitute (21-Y 0-N)
02/20/17  House: Committee substitute printed 17105513D-H1
02/21/17  House: Read second time
02/22/17  House: Read third time
02/22/17  House: Committee substitute agreed to 17105513D-H1
02/22/17  House: Engrossed by House - committee substitute SB854H1
02/22/17  House: Passed House with substitute BLOCK VOTE (100-Y 0-N)
02/22/17  House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
02/23/17  Senate: House substitute rejected by Senate (0-Y 40-N)
02/23/17  House: House insisted on substitute
02/23/17  House: House requested conference committee
02/23/17  Senate: Senate acceded to request (39-Y 0-N)
02/23/17  Senate: Conferees appointed by Senate
02/23/17  Senate: Senators: Stanley, Obenshain, Howell
02/23/17  House: Conferees appointed by House
02/23/17  House: Delegates: Loupassi, Bell, Robert B., Carr
02/24/17  Conference: Amended by conference committee
02/24/17  Senate: Conference substitute printed 17105877D-S1
02/24/17  House: Conference report agreed to by House (95-Y 0-N)
02/24/17  House: VOTE: ADOPTION (95-Y 0-N)
02/25/17  Senate: Conference report agreed to by Senate (40-Y 0-N)
03/07/17  Senate: Enrolled
03/07/17  Senate: Bill text as passed Senate and House (SB854ER)
03/07/17  House: Signed by Speaker
03/10/17  Senate: Signed by President
03/13/17  Senate: Enrolled Bill Communicated to Governor on 3/13/17
03/13/17  Governor: Governor's Action Deadline Midnight, March 27, 2017
03/27/17  Senate: Governor's recommendation received by Senate
04/05/17  Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
04/05/17  House: House concurred in Governor's recommendation (99-Y 0-N)
04/05/17  House: VOTE: ADOPTION (99-Y 0-N)
04/05/17  Governor: Governor's recommendation adopted
04/05/17  Senate: Reenrolled
04/05/17  Senate: Reenrolled bill text (SB854ER2)
04/05/17  Senate: Signed by President as reenrolled
04/05/17  House: Signed by Speaker as reenrolled
04/05/17  House: Enacted, Chapter 806 (effective 7/1/17)
04/05/17  Governor: Acts of Assembly Chapter text (CHAP0806)