HB 133 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, FEES, RESTITUTION, AND OTHER COURT-RELATED MONETARY OBLIGATIONS.

Snyder-Hall HOUSE& OFRep. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

4Lynn TO& HOUSERep. BILL NO.

133Lambert AMEND& HouseSen. Bill No.

133Brown by& deletingSen. lines 22 and 23 in their entirety and inserting in lieu thereof the following:

“(a)Townsend (1)Reps. For purposes of this section “fee” includes a cost, penalty, assessment, or any other monetary obligation that is related to a criminal case or a motor vehicle offense.

“Fee”Burns, doesMorrison, notRoss includeLevin, restitutionWilson-Anton, orGorman, aNeal, fine.Phillips, Romer, Harris, Bolden, Griffith, Heffernan, Kamela Smith, Berry, Ortega, Chukwuocha;

(2)Sens. A hardship waiver under this section may not be applied to an offense that is eligible for voluntary assessment under § 709 of Title 21, a civil penalty under § 4129 of Title 21, or to any electronic monitoring violation under Chapter 41 of Title 21.”.

FURTHERCruce, AMENDLockman, HouseSokola, BillPinkney, No.Sturgeon, Hoffner, Seigfried HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.

133 atAN lineACT 61TO byAMEND deletingTITLE “subsection”11 asOF itTHE appearsDELAWARE thereinCODE andRELATING insertingTO inFINES, lieuFEES, thereofRESTITUTION, “paragraph”.AND OTHER COURT-RELATED MONETARY OBLIGATIONS.

FURTHERBE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

133Section by1. deleting lines 67 through 69 in their entirety and inserting in lieu thereof the following:

“(f)Amend (1)Subchapter ExceptI, asChapter set41, forthTitle under11 paragraph (f)(2) of this section and notwithstanding any law or court rule to the contrary,Delaware theCode courtby maymaking choosedeletions notas toshown imposeby orstrike maythrough atand anyinsertions timeas waive,shown suspend,by orunderline modifyas anyfollows: fine or fee including those otherwise deemed mandatory or not subject to waiver or suspension.

(2) The penalty assessment under § 90164101. of this title may not be waived, suspended, or modified under this section.”.

FURTHERPayment AMENDof Housefines, Billfees, No.costs, assessments, and restitution on conviction.

133(a) byOn deletingconviction lineson 78indictment throughor 81information infor theirany entirety.crime or offense, a defendant must pay all costs imposed by a court.

SYNOPSIScourt Thisunless amendmentthe todefendant Housequalifies Billfor No.a hardship waiver under § 4104A of this title.

133(b) does(3) allIf not paid promptly on its imposition or in accordance with the terms of the following:order of the court, or immediately if so requested by the State, the clerk or Prothonotary may cause the judgment to be entered on the civil judgment docket of the court.

(1)If clarifiesa thatstay of execution is otherwise permitted by law, the wordstay “fee”may not be granted as useda inmatter theof hardshipright waiverbut statuteonly doeswithin notthe includediscretion restitution;of the court.

(2)(5) clarifiesJudgments thatfor tollrestitution violations,docketed offensesunder eligiblethis forsubsection voluntaryare assessment,exempt redfrom lightthe camera,provisions andof speed§ camera4711 violationsof areTitle not10, eligiblewhich formandate waiverthe orexpiration modificationof underjudgments thisand Act;require the renewal of judgments;

(3)however, makesno such judgment will attach to a technicalparcel correction;of real property for more than 7 years after the convicted person has sold, transferred, or lost ownership interest in that specific parcel of real property.

(4)judgments. exempts assessments related to the Victims Compensation Fund from the courts’ authority to waive, modify, and suspend fines and fees;

Judgments that include restitution as well as other fines and (5)fees removesare anexempt additionalfrom reportthe requiredprovisions of § 4711 of Title 10 only as to the courts.restitution portion of the judgment.

§ 4104.

Fines, fees, costs, assessments, or restitution;

how collected;

suspending driver’s license for nonpayment prohibited.

(a) (1) When a court imposes a fine, fee, cost, assessment, or restitution on a defendant, the court may order any of the following:

a.

That the defendant pay the entire amount at the time sentence is imposed.

imposed where the court finds that the defendant has the ability to pay.

DSSCD Page 1 of 14 Released:

03/17/202605/01/2025 11:4009:12 AM 3501530104§ 4104A.

Hardship waiver.

(a) For purposes of this section “fee” includes a cost, penalty, assessment, or any other monetary obligation that is related to a criminal case or a motor vehicle offense that does not originate in the voluntary assessment center.

(b) When a defendant is sentenced to pay fines or fees, the sentencing court shall advise the defendant on the record and in writing of the availability of a hardship waiver under this section.

Defense counsel must also advise the defendant of the availability of a hardship waiver and the evidence required to obtain a hardship waiver.

(c) (1) The courts shall administer a hardship waiver process to allow a defendant to submit evidence at sentencing or post-sentencing showing that a defendant is unable to pay a fine, fee, or both.

(2) If a defendant submits evidence of any of the following, the court shall find the defendant presumptively qualifies for a hardship waiver and may not order fines or fees unless the court in its discretion finds that a fine, fee, or both, in whole or in part, are in the interest of justice:

a.

The defendant receives a public assistance benefit, including any of the following: