VA HB2386 | 2017 | Regular Session
Status
Completed Legislative Action
Spectrum: Strong Partisan Bill (Republican 28-2)
Status: Passed on April 5 2017 - 100% progression
Action: 2017-04-05 - Governor: Acts of Assembly Chapter text (CHAP0802)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Strong Partisan Bill (Republican 28-2)
Status: Passed on April 5 2017 - 100% progression
Action: 2017-04-05 - Governor: Acts of Assembly Chapter text (CHAP0802)
Text: Latest bill text (Chaptered) [HTML]
Summary
Collection of unpaid court fines, etc. Increases the grace period after which collection activity for unpaid court fines, costs, forfeitures, penalties, and restitution may be commenced from 30 days to 90 days after sentencing or judgment. The bill also 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, in setting the terms of a payment agreement, but such decision shall not be based solely on the amount of fines and costs owed. 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 requires the court to fix a 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. This bill is identical to SB 854.
Title
Unpaid court fines, etc.; increases grace period for collection.
Sponsors
Roll Calls
2017-04-05 - Senate - Senate: Senate concurred in Governor's recommendation (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2017-04-05 - House - House: VOTE: ADOPTION (98-Y 1-N) (Y: 98 N: 1 NV: 1 Abs: 0) [PASS]
2017-02-24 - House - House: VOTE: ADOPTION (92-Y 0-N) (Y: 92 N: 0 NV: 8 Abs: 0) [PASS]
2017-02-24 - Senate - Senate: Conference report agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-21 - Senate - Senate: Senate insisted on amendment (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2017-02-17 - House - House: VOTE: REJECTED (0-Y 99-N) (Y: 0 N: 99 NV: 1 Abs: 0) [FAIL]
2017-02-15 - Senate - Senate: Passed Senate with amendment (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-14 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-13 - Senate - Senate: Reported from Courts of Justice with amendment (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-02 - House - House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (Y: 95 N: 0 NV: 4 Abs: 0) [PASS]
2017-01-27 - House - House: Reported from Courts of Justice with substitute (21-Y 0-N) (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2017-01-25 - House - House: Subcommittee recommends reporting with substitute (11-Y 0-N) (Y: 11 N: 0 NV: 0 Abs: 0) [PASS]
2017-04-05 - House - House: VOTE: ADOPTION (98-Y 1-N) (Y: 98 N: 1 NV: 1 Abs: 0) [PASS]
2017-02-24 - House - House: VOTE: ADOPTION (92-Y 0-N) (Y: 92 N: 0 NV: 8 Abs: 0) [PASS]
2017-02-24 - Senate - Senate: Conference report agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-21 - Senate - Senate: Senate insisted on amendment (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2017-02-17 - House - House: VOTE: REJECTED (0-Y 99-N) (Y: 0 N: 99 NV: 1 Abs: 0) [FAIL]
2017-02-15 - Senate - Senate: Passed Senate with amendment (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-14 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-13 - Senate - Senate: Reported from Courts of Justice with amendment (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-02 - House - House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (Y: 95 N: 0 NV: 4 Abs: 0) [PASS]
2017-01-27 - House - House: Reported from Courts of Justice with substitute (21-Y 0-N) (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2017-01-25 - House - House: Subcommittee recommends reporting with substitute (11-Y 0-N) (Y: 11 N: 0 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2017-04-05 | Governor: Acts of Assembly Chapter text (CHAP0802) | |
2017-04-05 | House | Enacted, Chapter 802 (effective 7/1/17) |
2017-04-05 | Senate | Signed by President as reenrolled |
2017-04-05 | House | Signed by Speaker as reenrolled |
2017-04-05 | House | Reenrolled bill text (HB2386ER2) |
2017-04-05 | House | Reenrolled |
2017-04-05 | Governor: Governor's recommendation adopted | |
2017-04-05 | Senate | Senate concurred in Governor's recommendation (39-Y 0-N) |
2017-04-05 | House | VOTE: ADOPTION (98-Y 1-N) |
2017-04-05 | House | House concurred in Governor's recommendation (98-Y 1-N) |
2017-04-05 | House | Placed on Calendar |
2017-03-27 | House | Governor's recommendation received by House |
2017-03-13 | Governor: Governor's Action Deadline Midnight, March 27, 2017 | |
2017-03-13 | House | Enrolled Bill communicated to Governor on 3/13/17 |
2017-03-10 | Senate | Signed by President |
2017-03-07 | House | Signed by Speaker |
2017-03-07 | House | Bill text as passed House and Senate (HB2386ER) |
2017-03-07 | House | Enrolled |
2017-02-24 | House | VOTE: ADOPTION (92-Y 0-N) |
2017-02-24 | House | Conference report agreed to by House (92-Y 0-N) |
2017-02-24 | Senate | Conference report agreed to by Senate (40-Y 0-N) |
2017-02-24 | House | Conference substitute printed 17105880D-H2 |
2017-02-23 | Senate | Senators: Stuart, Ebbin, Obenshain |
2017-02-23 | Senate | Conferees appointed by Senate |
2017-02-23 | House | Delegates: Loupassi, Bell, Robert B., Carr |
2017-02-23 | House | Conferees appointed by House |
2017-02-22 | House | House acceded to request |
2017-02-21 | Senate | Senate requested conference committee |
2017-02-21 | Senate | Senate insisted on amendment (39-Y 0-N) |
2017-02-17 | House | VOTE: REJECTED (0-Y 99-N) |
2017-02-17 | House | Senate amendment rejected by House (0-Y 99-N) |
2017-02-17 | House | Placed on Calendar |
2017-02-15 | Senate | Passed Senate with amendment (40-Y 0-N) |
2017-02-15 | Senate | Engrossed by Senate as amended |
2017-02-15 | Senate | Committee amendment agreed to |
2017-02-15 | Senate | Reading of amendment waived |
2017-02-15 | Senate | Read third time |
2017-02-14 | Senate | Constitutional reading dispensed (40-Y 0-N) |
2017-02-13 | Senate | Reported from Courts of Justice with amendment (15-Y 0-N) |
2017-02-03 | Senate | Referred to Committee for Courts of Justice |
2017-02-03 | Senate | Constitutional reading dispensed |
2017-02-02 | House | VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) |
2017-02-02 | House | Read third time and passed House BLOCK VOTE (95-Y 0-N) |
2017-02-01 | House | Engrossed by House - committee substitute HB2386H1 |
2017-02-01 | House | Committee substitute agreed to 17104867D-H1 |
2017-02-01 | House | Read second time |
2017-01-31 | House | Read first time |
2017-01-27 | House | Committee substitute printed 17104867D-H1 |
2017-01-27 | House | Reported from Courts of Justice with substitute (21-Y 0-N) |
2017-01-25 | House | Subcommittee recommends reporting with substitute (11-Y 0-N) |
2017-01-24 | House | Assigned Courts sub: Criminal Law |
2017-01-17 | House | Referred to Committee for Courts of Justice |
2017-01-17 | House | Presented and ordered printed 17103954D |