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

Bill Has Passed

History

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