HB2386
Unpaid court fines, etc.; increases grace period for collection.
Summary
As Enacted. 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 ... (More) 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 SB 854. (Less)-
Bill History
- 01/17/2017 - House: Presented and ordered printed 17103954D
- 01/17/2017 - House: Referred to Committee for Courts of Justice
- 01/24/2017 - House: Assigned Courts sub: Criminal Law
- 01/25/2017 - House: Subcommittee recommends reporting with substitute (11-Y 0-N)
- 01/27/2017 - House: Reported from Courts of Justice with substitute (21-Y 0-N)
- 01/27/2017 - House: Committee substitute printed 17104867D-H1
- 01/30/2017 - House: Impact statement from DPB (HB2386H1)
- 01/31/2017 - House: Read first time
- 02/01/2017 - House: Read second time
- 02/01/2017 - House: Committee substitute agreed to 17104867D-H1
- 02/01/2017 - House: Engrossed by House - committee substitute HB2386H1
- 02/02/2017 - House: Read third time and passed House BLOCK VOTE (95-Y 0-N)
- 02/02/2017 - House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
- 02/03/2017 - Senate: Constitutional reading dispensed
- 02/03/2017 - Senate: Referred to Committee for Courts of Justice
- 02/13/2017 - Senate: Reported from Courts of Justice with amendment (15-Y 0-N)
- 02/14/2017 - Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/15/2017 - Senate: Read third time
- 02/15/2017 - Senate: Reading of amendment waived
- 02/15/2017 - Senate: Committee amendment agreed to
- 02/15/2017 - Senate: Engrossed by Senate as amended
- 02/15/2017 - Senate: Passed Senate with amendment (40-Y 0-N)
- 02/17/2017 - House: Placed on Calendar
- 02/17/2017 - House: Senate amendment rejected by House (0-Y 99-N)
- 02/17/2017 - House: VOTE: REJECTED (0-Y 99-N)
- 02/21/2017 - Senate: Senate insisted on amendment (39-Y 0-N)
- 02/21/2017 - Senate: Senate requested conference committee
- 02/22/2017 - House: House acceded to request
- 02/23/2017 - House: Conferees appointed by House
- 02/23/2017 - House: Delegates: Loupassi, Bell, Robert B., Carr
- 02/23/2017 - Senate: Conferees appointed by Senate
- 02/23/2017 - Senate: Senators: Stuart, Ebbin, Obenshain
- 02/24/2017 - House: Conference substitute printed 17105880D-H2
- 02/24/2017 - Senate: Conference report agreed to by Senate (40-Y 0-N)
- 02/24/2017 - House: Conference report agreed to by House (92-Y 0-N)
- 02/24/2017 - House: VOTE: ADOPTION (92-Y 0-N)
- 03/07/2017 - House: Enrolled
- 03/07/2017 - House: Bill text as passed House and Senate (HB2386ER)
- 03/07/2017 - House: Signed by Speaker
- 03/10/2017 - Senate: Signed by President
- 03/13/2017 - House: Enrolled Bill communicated to Governor on 3/13/17
- 03/13/2017 - Governor: Governor's Action Deadline Midnight, March 27, 2017
- 03/22/2017 - House: Impact statement from DPB (HB2386ER)
- 03/27/2017 - House: Governor's recommendation received by House
- 04/05/2017 - House: Placed on Calendar
- 04/05/2017 - House: House concurred in Governor's recommendation (98-Y 1-N)
- 04/05/2017 - House: VOTE: ADOPTION (98-Y 1-N)
- 04/05/2017 - Senate: Senate concurred in Governor's recommendation (39-Y 0-N)
- 04/05/2017 - Governor: Governor's recommendation adopted
- 04/05/2017 - House: Reenrolled
- 04/05/2017 - House: Reenrolled bill text (HB2386ER2)
- 04/05/2017 - House: Signed by Speaker as reenrolled
- 04/05/2017 - Senate: Signed by President as reenrolled
- 04/05/2017 - House: Enacted, Chapter 802 (effective 7/1/17)
- 04/05/2017 - Governor: Acts of Assembly Chapter text (CHAP0802)
