Virginia 2017 Regular Session Status: Enacted

SB 854 — Unpaid court fines, etc.; increases grace period for collection.

Last action — Enacted, Chapter 806 (effective 7/1/17)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 02, 2016. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    11 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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

Bill Text

What changed in the latest version

33 added · 32 removed

Plain-language change summary

The recent amendment to SB 854 updates the payment timeline for defendants required to pay fines and other financial obligations following sentencing. Instead of making payments within 30 days, defendants now have up to 90 days to fulfill these obligations, along with a new, one-time fee of up to $10 to help manage their accounts. This change gives defendants more time to arrange their payments, which could alleviate financial stress and promote compliance with court orders.

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Previous
Latest
SESSION history | hilite | pdf | print version CHAPTER 806 An Act to amend and reenact §§ 19.2-349 and 19.2-354 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-354.1, relating to collection of unpaid court fines, etc.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 19.2-349 and 19.2-354 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-354.1, relating to collection of unpaid court fines, etc.
[S 854] Approved April 5, 2017   Be it enacted by the General Assembly of Virginia:
[S 854] Approved   Be it enacted by the General Assembly of Virginia:
View plain text versions (6)

Action History

  1. Enacted, Chapter 806 (effective 7/1/17)

  2. Signed by Speaker as reenrolled

  3. Signed by President as reenrolled

  4. Reenrolled bill text (SB854ER2)

  5. Reenrolled

  6. Governor's recommendation adopted

  7. House concurred in Governor's recommendation (99-Y 0-N)

  8. Governor's recommendation received by Senate

  9. Governor's Action Deadline Midnight, March 27, 2017

  10. Enrolled Bill Communicated to Governor on 3/13/17

  11. Signed by President

  12. Signed by Speaker

  13. Enrolled

  14. Conference report agreed to by House (95-Y 0-N)

  15. Conference substitute printed 17105877D-S1

  16. Amended by conference committee

  17. Conferees appointed by House

  18. Conferees appointed by Senate

  19. House requested conference committee

  20. House insisted on substitute

  21. Passed House with substitute BLOCK VOTE (100-Y 0-N)

  22. Engrossed by House - committee substitute SB854H1

  23. Committee substitute agreed to 17105513D-H1

  24. Read third time

  25. Read second time

  26. Assigned Courts sub: Criminal Law

  27. Referred to Committee for Courts of Justice

  28. Read first time

  29. Placed on Calendar

  30. Read second time and engrossed

  31. Referred to Committee for Courts of Justice

  32. Prefiled and ordered printed; offered 01/11/17 17100685D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
Albo — Yea
Collins — Yea
Farrell — Yea
Habeeb — Yea
Ingram — Yea
Landes — Yea
LeMunyon — Yea
Stolle — Yea
Toscano — Yea
Villanueva — Yea
Yost — Yea
Adams — Yea
Bell, Richard P. — Yea
Cline — Yea
Dudenhefer — Yea
Jones — Yea
Miller — Yea
Mr. Speaker — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
James — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Yancey — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

Official roll call →

Passed 95 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 95000
Total 95000
% of votes cast 100%0%0%0%
How each member voted (95)
Member Party Vote
Albo — Yea
Collins — Yea
Habeeb — Yea
Ingram — Yea
Landes — Yea
LeMunyon — Yea
Villanueva — Yea
Adams — Yea
Bell, Richard P. — Yea
Cline — Yea
Farrell — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Jones — Yea
Miller — Yea
Mr. Speaker — Yea
Holcomb — Yea
Hugo — Yea
James — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

Official roll call →

Passed 100 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 100000
Total 100000
% of votes cast 100%0%0%0%
How each member voted (100)
Member Party Vote
Albo — Yea
Habeeb — Yea
Landes — Yea
LeMunyon — Yea
Stolle — Yea
Toscano — Yea
Villanueva — Yea
Adams — Yea
Bell, Richard P. — Yea
Jones — Yea
Cline — Yea
Collins — Yea
Dudenhefer — Yea
Farrell — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
Ingram — Yea
James — Yea
Miller — Yea
Mr. Speaker — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
Morris — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Yancey — Yea
Yost — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 854 do?
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
Who sponsors SB 854?
SB 854 is sponsored by William M. Stanley, Jr..
What is the current status of SB 854?
This bill has been enacted into law. Introduced December 02, 2016. Enacted.
Where can I track SB 854?
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