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2021 SESSION

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HB 1895 Fines and costs; accrual of interest, deferral or installment payment agreements.

Introduced by: Sally L. Hudson | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Fines and costs; accrual of interest; deferral or installment payment agreements. Provides that no interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration. Current law prohibits interest from accruing on such fines or costs for a period of 40 days from the date of the final judgement imposing such fine or costs or during any period the defendant is incarcerated.

The bill also removes the requirement that a defendant be unable to make payment of a fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing in order to be eligible to enter into a deferred or installment payment agreement and allows any defendant to enter such payment agreements. The bill provides that no fee shall be assessed in connection with a defendant's participation in a deferred or installment payment agreement and removes the requirement that a defendant make a down payment upon entering a deferred, modified deferred, or installment payment agreement.


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