HB 244

  • Delaware House Bill
  • 151st General Assembly (2021-2022)
  • Introduced in House Jun 15, 2022
  • Passed House May 03, 2022
  • Passed Senate Jun 30, 2022
  • Governor

An Act To Amend Title 10, Title 11, Title 21, And Title 29 Of The Delaware Code Relating To Fines, Fees, Costs, Assessments, And Restitution.

Abstract

Recognizing the negative impact of criminal justice imposed financial obligations on defendants has led to reforms across the country to reduce the financial burdens that disproportionally impact the poor. This type of debt and the collateral consequences of suspending a driver’s license negatively impacts the rehabilitation of those in the criminal justice system and pushes those without an ability to pay further into the system unnecessarily. This Act does all of the following: (1) Prohibits a court from imposing a fine, fee, cost, or assessment on children without the means to pay them. (2) Provides the courts with the discretion to waive, modify, or suspend any fine, fee, cost, or assessment. (3) Prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. (4) Prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines. (5) Requires the Judiciary and the Delaware Criminal Justice Information System to report on the sum collected from fines, fees, costs, assessments, and restitution and make a public report of these totals. (6) Eliminates the Public Defender fee and the Probation Supervision fee. The collections from these fees currently go to the General Fund. (7) Creates the Criminal Legal System Imposed Debt Study Group to review the impact that court imposed financial obligations have on defendants and victims and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. (8) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Sponsors (25)

Votes


Jun 30, 2022

May 03, 2022

Actions


Jun 30, 2022

Senate

Passed By Senate. Votes: 15 YES 6 NO

Jun 21, 2022

Senate

Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Finance

Jun 15, 2022

Senate

Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 2 On Its Merits, 1 Unfavorable

  • Committee-Passage
  • Committee-Passage-Favorable
  • Committee-Passage-Unfavorable
Judiciary

Senate

Assigned to Finance Committee in Senate

  • Introduction
  • Referral-Committee
Finance

May 03, 2022

House

Amendment HA 2 to HB 244 - Passed In House by Voice Vote

House

Amendment HA 2 to HB 244 - Introduced and Placed With Bill

House

Amendment HA 1 to HB 244 - Stricken in House

House

Passed By House. Votes: 31 YES 9 NO 1 ABSENT

Senate

Assigned to Judiciary Committee in Senate

  • Introduction
  • Referral-Committee
Judiciary

Apr 13, 2022

House

Reported Out of Committee (Appropriations) in House with 2 Favorable, 3 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Appropriations

Jun 23, 2021

House

Amendment HA 1 to HB 244 - Introduced and Placed With Bill

Jun 17, 2021

House

Assigned to Appropriations Committee in House

  • Introduction
  • Referral-Committee
Appropriations

Jun 15, 2021

House

Reported Out of Committee (Judiciary) in House with 8 On Its Merits

  • Committee-Passage
Judiciary

Jun 10, 2021

House

Introduced and Assigned to Judiciary Committee in House

  • Introduction
  • Referral-Committee
Judiciary

Bill Text

Bill Text Versions Format
Bill Text PDF HTML
HA 2 to HB 244 HTML PDF

Related Documents

Document Format
Fiscal Note PDF

Sources

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