Unpaid court fines, etc.; increases grace period for collection. (HB2386)
Introduced By
Del. Manoli Loupassi (R-Richmond) with support from 22 copatrons, whose average partisan position is:
Those copatrons are Del. Dave Albo (R-Springfield), Del. Rob Bell (R-Charlottesville), Del. Betsy Carr (D-Richmond), Del. Ben Cline (R-Amherst), Del. Peter Farrell (R-Henrico), Del. Nick Freitas (R-Culpeper), Del. Tim Hugo (R-Centreville), Del. Riley Ingram (R-Hopewell), Del. Chris Jones (R-Suffolk), Del. Terry Kilgore (R-Gate City), Del. Barry Knight (R-Virginia Beach), Del. Steve Landes (R-Weyers Cave), Del. Jim LeMunyon (R-Oak Hill), Del. Alfonso Lopez (D-Arlington), Del. Jimmie Massie (R-Richmond), Del. Chris Peace (R-Mechanicsville), Del. Brenda Pogge (R-Williamsburg), Del. Roxann Robinson (R-Chesterfield), Del. Ron Villanueva (R-Virginia Beach), Del. Lee Ware (R-Powhatan), Del. David Yancey (R-Newport News), Del. Joseph Yost (R-Blacksburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
✓ |
Became Law |
Description
Payment of court-ordered fines, etc.; deferred or installment payment agreements. 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 and the defendant's indigency, in setting the terms of a payment agreement and, when deemed appropriate, allow the defendant a credit against the amount owed for the performance of community service work. 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 allows the court to require a higher 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, except that no credit for community service work may go toward the amount of restitution owed. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/17/2017 | Committee |
01/17/2017 | Presented and ordered printed 17103954D |
01/17/2017 | Referred to Committee for Courts of Justice |
01/24/2017 | Assigned Courts sub: Criminal Law |
01/25/2017 | Subcommittee recommends reporting with substitute (11-Y 0-N) |
01/27/2017 | Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally) |
01/27/2017 | Committee substitute printed 17104867D-H1 |
01/30/2017 | Impact statement from DPB (HB2386H1) |
01/31/2017 | Read first time |
02/01/2017 | Read second time |
02/01/2017 | Committee substitute agreed to 17104867D-H1 |
02/01/2017 | Engrossed by House - committee substitute HB2386H1 |
02/02/2017 | Read third time and passed House BLOCK VOTE (95-Y 0-N) |
02/02/2017 | VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally) |
02/03/2017 | Constitutional reading dispensed |
02/03/2017 | Referred to Committee for Courts of Justice |
02/13/2017 | Reported from Courts of Justice with amendment (15-Y 0-N) (see vote tally) |
02/14/2017 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/15/2017 | Read third time |
02/15/2017 | Reading of amendment waived |
02/15/2017 | Committee amendment agreed to |
02/15/2017 | Engrossed by Senate as amended |
02/15/2017 | Passed Senate with amendment (40-Y 0-N) (see vote tally) |
02/17/2017 | Placed on Calendar |
02/17/2017 | Senate amendment rejected by House (0-Y 99-N) |
02/17/2017 | VOTE: REJECTED (0-Y 99-N) (see vote tally) |
02/21/2017 | Senate insisted on amendment (39-Y 0-N) (see vote tally) |
02/21/2017 | Senate requested conference committee |
02/22/2017 | House acceded to request |
02/23/2017 | Conferees appointed by House |
02/23/2017 | Delegates: Loupassi, Bell, Robert B., Carr |
02/23/2017 | Conferees appointed by Senate |
02/23/2017 | Senators: Stuart, Ebbin, Obenshain |
02/24/2017 | Conference substitute printed 17105880D-H2 |
02/24/2017 | Conference report agreed to by Senate (40-Y 0-N) (see vote tally) |
02/24/2017 | Conference report agreed to by House (92-Y 0-N) |
02/24/2017 | VOTE: ADOPTION (92-Y 0-N) (see vote tally) |
03/07/2017 | Enrolled |
03/07/2017 | Bill text as passed House and Senate (HB2386ER) |
03/07/2017 | Signed by Speaker |
03/10/2017 | Signed by President |
03/13/2017 | Enrolled Bill communicated to Governor on 3/13/17 |
03/13/2017 | G Governor's Action Deadline Midnight, March 27, 2017 |
03/22/2017 | Impact statement from DPB (HB2386ER) |
03/27/2017 | Governor's recommendation received by House |
04/05/2017 | Placed on Calendar |
04/05/2017 | House concurred in Governor's recommendation (98-Y 1-N) |
04/05/2017 | VOTE: ADOPTION (98-Y 1-N) (see vote tally) |
04/05/2017 | Senate concurred in Governor's recommendation (39-Y 0-N) (see vote tally) |
04/05/2017 | G Governor's recommendation adopted |
04/05/2017 | Reenrolled |
04/05/2017 | Reenrolled bill text (HB2386ER2) |
04/05/2017 | Signed by Speaker as reenrolled |
04/05/2017 | Signed by President as reenrolled |
04/05/2017 | Enacted, Chapter 802 (effective 7/1/17) |
04/05/2017 | G Acts of Assembly Chapter text (CHAP0802) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 3 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
[LAUGHTER]Del. Bill Howell (R-Fredericksburg): WE'LL GET BOTH OF THEM. THE GENTLEMAN FROM SHENANDOAH.
[Unknown]: I HEREBY HAVING VOTE ON THE PREVAILING SIDE BY WHICH WE PASSED SENATE BILL 990.
Del. Bill Howell (R-Fredericksburg): MR. GILBERT HAVING VOTED ON THE PREVAILING SIDE BY WHICH WE PASSED 990 WE RECONSIDER THE VOTE. AS MANY AS FAVOR THAT MOTION SA. SHALL THE BILL