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2017 SESSION
SB 854 Unpaid court fines, etc.; increases grace period for collection.
Introduced by: William M. Stanley, Jr. | all patrons ... notes | add to my profiles
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
HISTORY
- 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)