SB 637 — Fines, costs, forfeitures, penalties, etc.; duty of attorneys for the Commonwealth.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E518 An Act to amend and reenact § 19.2-349 of the Code of Virginia, relating to collections of fines, costs, forfeitures, penalties, etc.;

noticeconsultation andwith concurrenceRof clerk.

O [S 637] Approved LApril L4, 2024 Be it enacted by the General Assembly of Virginia:

E § 19.2-349.

duty oDof attA.attorneys for Commonwealth;

Theduties clerk of the circuit court and district court of every county and city shall submit to the judge of his court, the Department of Taxation,Taxation. the State Compensation Board and the attorney for the Commonwealth of his county or city a monthly report of all fines, costs, forfeitures and penalties which are delinquent more than 90 days, including court-ordered restitution of a sum certain, imposed in his court for a violation of state law or a local ordinance which remain unsatisfied, including those which are delinquent in installment payments.

TheA. monthly report shall include the social security number or driver's license number of the defendant, if known, and such other information as the DepartmenB of Taxation and the Compensation Board deem appropriate.

The Executiveclerk Secretaryof the circuit court and district court of every county and city shall makesubmit to the re3ortjudge informationof system.bsectionhis oncourt, behalfthe Department of thoseTaxation, clerksthe whoState participateCompensation inBoard and the Supremeattorney Court'sfor auEomatedthe B.Commonwealth of his county or city a monthly report of all fines, costs, forfeitures and penalties which court for a violation of state law or a local ordinance which remain unsatisfied, including those which are delinquent in installment payments.

The monthly report shall include the social security number or driver's license number of the defendant, if known, and such other information as the Department of Taxation and the Compensation Board deem appropriate.

The Executive Secretary shall make the report required by this subsection on behalf of those clerks who participate in the Supreme Court's automated information system.

B.

A list of all accounts where more than 90 days have passed since an account was sent to accountscollections whereand restitutionno ispayments owed,have suchbeen reportmade shalltoward includefines, thecosts, defendant'sforfeitures, name,penalties, caseor number,restitution. andon.

For accounts where restitution is owed, such report shall include the defendant's name, case number, and total amount of restitution and restitution interest due.

If the defendant does not enter into an installment payment agreement under § 19.2-354, the attorney for the Commonwealth and the clerk may agree to a process by which collection activity may be commenced 90 days after judIfjudgment. the attorney for the Commonwealth does not undertake collection, he shall (i) contract with (i) private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, (iii) enter into an agreement with the county or city treasurer, or (iv) use the services of the Department of Taxation, upon such terms and conditions as may be established by guidelines promulgated by the Office of the Attorney General, the Executive Secretary of the Supreme Court with the Department of Taxation and the Compensation Board.

If the attorney for the Commonwealth does not undertake collection, he shall (i) contract with (i) private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, (iii) enter into an agreement with the county or city treasurer, or (iv) use the services of the Department of Taxation, upon such terms and conditions as may be established by guidelines promulgated by the Office of the Attorney General, the Executive Secretary of the Supreme Court with the Department of Taxation and the Compensation Board.

Such consultation is not required when the attorney for the Commonwealth enters into an agreement pursuant theto proceduresclause established(ii), by(iii), theor Department(iv). of Taxation and the Compensation Board.

SuchIf guidelinesthe followattorney shallfor notthe supersedeCommonwealth contractsundertakes betweencollection, attorneyshe forshall follow the Commonwealthprocedures andestablished privateby attorneysthe andDepartment collectionof agenciesTaxation whenand activethe collectionCompensation effortsBoard. are being undertaken.

Such guidelines shall not supersede contracts between attorneys for the Commonwealth and private attorneys and collection agencies when active collection efforts are being undertaken.

However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520 et seq.).

of 2 D.

of 2 Persons owing such unsatisfied judgments or failing to comply with installment payment agreements under § 19.2-354 shall be subject to the delinquent tax collection provisions of Title 58.1.