HB1799: Criminal cases and traffic infractions; eliminates accrual of interest on fines and costs.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-353.5 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-353.5. Interest on fines and costs.
No interest shall accrue on any fine or costs imposed in a
criminal case or in a case involving a traffic infraction for a period of 40
days from the date of the final judgment imposing such fine or costs or during
any period the defendant is incarcerated. A person who owes fines and costs on
which interest has accrued during a period of incarceration may move any
court in which he owes fines and costs to waive the unpaid interest that
accrued on such fines and costs during such period of incarceration. Upon
due to indigency or for good cause shown. A person who owes fines and costs on
which interest has accrued during a period of incarceration shall have such
interest waived upon certification of the period of incarceration by the
superintendent, sheriff, warden, or other official in charge of a
correctional facility, or their designee, on a form developed by the
Office of the Executive Secretary of the Supreme Court, such interest shall
be waived. In no event shall interest accrue in such cases during any
period in which a fine, costs, or both a fine and costs are being paid in
deferred or installment payments pursuant to an order of the court. Whenever
interest on any unpaid fine or costs accrues, it shall accrue at the judgment
rate of interest set forth in § 6.2-302.
HOUSE BILL NO. 1799
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-353.5 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-353.5. Interest on fines and costs.
No On or after July 1, 2019, no interest
shall accrue on any fine or costs imposed in a criminal case or in a case
involving a traffic infraction for a period of
40 days from the date of the final judgment imposing such fine or costs or
during any period the defendant is incarcerated.
Any fine or costs
imposed in a criminal case or in a case involving a traffic infraction that have
accrued any interest prior to July 1, 2019, shall cease to accrue interest on
July 1, 2019. A person who owes fines and costs on which
interest has accrued during a period
of incarceration may move any court in which he owes fines
and costs to waive the unpaid interest that accrued on such
fines and costs during such
period of incarceration due to indigency
or for good cause shown. Upon
A person who owes fines and costs on which interest has accrued during a period
of incarceration shall have such interest waived upon certification of the period of incarceration by the
superintendent, sheriff, warden, or
other official in charge of a correctional facility, or their
designee on a form developed by the Office of the Executive
Secretary of the Supreme Court, such interest
shall be waived. In no event shall
interest accrue in such cases during any period in which a fine, costs, or both
a fine and costs are being paid in deferred or installment payments pursuant to
an order of the court. Whenever interest on any unpaid fine or costs accrues,
it shall accrue at the judgment rate of interest set forth in § 6.2-302.