Court-appointed counsel; raises the limitation of fees. (SB356)

Introduced By

Sen. Russet Perry (D-Leesburg) with support from co-patron Sen. Jennifer Carroll Foy (D-Woodbridge)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Compensation of court-appointed counsel. Raises the limitation of fees that court-appointed counsel can receive for representation on various offenses in district and circuit courts. The bill also limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024. The bill has a delayed effective date of January 1, 2025. This bill is identical to HB 102. Read the Bill »

Notes

The fiscal impact statement states that the impact of the increased payment caps cannot be accurately calculated due to the inability to separate payments for appointed counsel based on initial offenses from those based on probation violations. However, the bill does provide information on how the fee caps would be impacted: - The fee cap for most misdemeanor cases in district court would increase from $120 to $440 (a 267% increase), and representation for probation violations of such cases would be capped at $180. - For misdemeanor charges related to driving under the influence of alcohol, the fee cap would increase from $120 to $597 (a 373% increase), with the fee cap for representation of probation violations of such cases being set at $180. - For juvenile cases in juvenile and domestic relations district court, the fee cap would be established at $906, with the potential for a waiver at an additional $120. - Representation of misdemeanor cases in circuit court would be capped at $440 (an 178% increase), and probation violations of such misdemeanors would be capped at $180. - Representation for felonies punishable by more than 20 years of confinement or any felony charge listed in the bill would be capped at $2,256 (an 83% increase), with the potential for a fee cap waiver at an additional $850. - Other felonies, excluding Class 1 felonies, would have the fee cap raised from $445 to $1,112 (a 150% increase), with the fee cap waiver raising from $155 to $445 (a 187% increase). - Representation for a charge of violation of probation for any felony charge, except Class 1 felonies, would be capped at $445. In addition to the impact on fee caps, the Office of the Executive Secretary of the Supreme Court estimates a one-time cost of $112,252 to update existing systems to accommodate the new categories of compensation caps and separate designations for probation violation cases. The specific agency or political subdivisions affected are the courts.

Summary generated automatically by OpenAI.

Outcome

Bill Has Passed

History

DateAction
01/09/2024Referred to Committee on the Judiciary
01/09/2024Prefiled and ordered printed; offered 01/10/24 24104915D
01/09/2024Referred to Committee for Courts of Justice
01/10/2024Moved from Judiciary to Courts of Justice due to a change of the committee name
01/24/2024Racial and ethnic impact statement from JLARC (SB356)
01/29/2024Senate committee, floor amendments and substitutes offered
01/29/2024Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
01/29/2024Committee substitute printed 24106453D-S1
01/29/2024Rereferred to Finance and Appropriations
02/06/2024Senate subcommittee amendments and substitutes offered
02/07/2024Reported from Finance and Appropriations with substitute (15-Y 0-N) (see vote tally)
02/07/2024Committee substitute printed 24107231D-S2
02/08/2024Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/08/2024Impact statement from DPB (SB356S1)
02/09/2024Read second time
02/09/2024Committee substitute rejected 24106453D-S1
02/09/2024Reading of substitute waived
02/09/2024Committee substitute agreed to 24107231D-S2
02/09/2024Engrossed by Senate - committee substitute SB356S2
02/12/2024Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/14/2024Impact statement from DPB (SB356S2)
02/15/2024Placed on Calendar
02/15/2024Read first time
02/15/2024Referred to Committee for Courts of Justice
02/16/2024Committee substitute printed 24107778D-H1
02/16/2024Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/16/2024Referred to Committee on Appropriations
02/17/2024Assigned App. sub: General Government and Capital Outlay
02/21/2024Impact statement from DPB (SB356H1)
02/21/2024Reported from Appropriations with amendment(s) (22-Y 0-N) (see vote tally)
02/23/2024Read second time
02/26/2024Read third time
02/26/2024Committee on Courts of Justice substitute agreed to 24107778D-H1
02/26/2024Committee on Appropriations amendment agreed to
02/26/2024Engrossed by House - committee substitute with amendment SB356H1
02/26/2024Passed House with substitute with amendment BLOCK VOTE (96-Y 0-N)
02/26/2024VOTE: Block Vote Passage (96-Y 0-N) (see vote tally)
02/28/2024House substitute with amendment rejected by Senate (0-Y 39-N) (see vote tally)
02/29/2024House insisted on substitute with amendment
02/29/2024House requested conference committee
03/04/2024Senate acceded to request (38-Y 0-N)
03/04/2024Conferees appointed by Senate
03/04/2024Senators: Perry, Salim, Stanley
03/05/2024Conferees appointed by House
03/05/2024Delegates: Reaser, Maldonado, Earley
03/08/2024C Amended by conference committee
03/08/2024Conference substitute printed 24108973D-S3
03/08/2024Conference report agreed to by House (97-Y 0-N 2-A)
03/08/2024VOTE: Adoption (97-Y 0-N 2-A)
03/08/2024Conference report agreed to by Senate (40-Y 0-N)
03/11/2024Impact statement from DPB (SB356S3)
03/25/2024Enrolled
03/25/2024Bill text as passed Senate and House (SB356ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Enrolled Bill Communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
04/04/2024Impact statement from DPB (SB356ER)
04/08/2024G Approved by Governor-Chapter 770 (effective 1/1/25)

Duplicate Bills

The following bills are identical to this one: HB102.

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