Unpaid court fines, etc.; increases grace period for collection.
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HB 2386 — Unpaid court fines, etc.; increases grace period for collection.
Last action — Enacted, Chapter 802 (effective 7/1/17)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 17, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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30 sponsors
1 primary, 29 co-sponsors signed on.
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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
11 added · 12 removedPlain-language change summary
The recent amendment to Bill HB 2386 updates the definitions and parameters surrounding deferred payment agreements for fines and costs. While the overall structure of the payment agreements remains the same, the changes clarify how these agreements function, particularly regarding down payment limits based on the amount owed. This matters because it provides clearer guidance on what defendants can expect when entering into payment plans, potentially making it easier for them to manage fines without excessive upfront costs.
SESSION history | hilite | pdf | print version CHAPTERVIRGINIA 802ACTS 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.
[H 2386] Approved April 5, 2017 Be it enacted by the General Assembly of Virginia:
View plain text versions (6)
- Enrolled House: Reenrolled bill text (HB2386ER2) Current html April 05, 2017
- Governor: Acts of Assembly Chapter text (CHAP0802) View text html April 05, 2017
- House: Bill text as passed House and Senate (HB2386ER) View text html March 07, 2017
- Conference Substitute House: Conference substitute printed 17105880D-H2 html February 24, 2017
- Committee Substitute House: Committee substitute printed 17104867D-H1 html January 27, 2017
- House: Presented and ordered printed 17103954D View text html January 17, 2017
Action History
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Enacted, Chapter 802 (effective 7/1/17)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB2386ER2)
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Reenrolled
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Governor's recommendation adopted
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House concurred in Governor's recommendation (98-Y 1-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline Midnight, March 27, 2017
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Enrolled Bill communicated to Governor on 3/13/17
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Signed by President
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Signed by Speaker
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Enrolled
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Conference report agreed to by House (92-Y 0-N)
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Conference substitute printed 17105880D-H2
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Conferees appointed by Senate
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Conferees appointed by House
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House acceded to request
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Senate requested conference committee
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Senate amendment rejected by House (0-Y 99-N)
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Placed on Calendar
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Engrossed by Senate as amended
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Committee amendment agreed to
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Reading of amendment waived
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Read third time
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Referred to Committee for Courts of Justice
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Constitutional reading dispensed
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Read third time and passed House BLOCK VOTE (95-Y 0-N)
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Engrossed by House - committee substitute HB2386H1
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Committee substitute agreed to 17104867D-H1
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Read second time
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Read first time
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Assigned Courts sub: Criminal Law
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Referred to Committee for Courts of Justice
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Presented and ordered printed 17103954D
Sponsors
- Joseph R. Yost · Cosponsor
- R. Lee Ware · Cosponsor
- Tony O. Wilt · Cosponsor
- Betsy B. Carr · Cosponsor
- G. Manoli Loupassi · Primary
- Alfonso H. Lopez · Cosponsor
- R. Steven Landes · Cosponsor
- Brenda L. Pogge · Cosponsor
- Christopher K. Peace · Cosponsor
- Terry G. Kilgore · Cosponsor
- David E. Yancey · Cosponsor
- Timothy D. Hugo · Cosponsor
- Benjamin L. Cline · Cosponsor
- David B. Albo · Cosponsor
- James M. LeMunyon · Cosponsor
- III James P. "Jimmie" Massie · Cosponsor
- III John M. O'Bannon · Cosponsor
- Ronald A. Villanueva · Cosponsor
- Peter F. Farrell · Cosponsor
- M. Keith Hodges · Cosponsor
- Riley E. Ingram · Cosponsor
- Jr. Thomas A. Garrett · Cosponsor
- Michael J. Jones · Cosponsor
- Barry D. Knight · Cosponsor
- Nicholas J. Freitas · Cosponsor
- Jason S. Miyares · Cosponsor
- Robert B. Bell · Cosponsor
- Janet D. Howell · Cosponsor
- C. Matthew Fariss · Cosponsor
- Roxann L. Robinson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 29 co-sponsors · 118 not signed on · 53 voted No
Sponsors (1)
- G. Manoli Loupassi
Co-sponsors (29)
- Joseph R. Yost
- R. Lee Ware Voted No
- Tony O. Wilt Voted No
- Betsy B. Carr Voted No
- Alfonso H. Lopez Voted No
- R. Steven Landes
- Brenda L. Pogge
- Christopher K. Peace
- Terry G. Kilgore Voted No
- David E. Yancey
- Timothy D. Hugo
- Benjamin L. Cline
- David B. Albo
- James M. LeMunyon
- James P. "Jimmie" Massie, III
- John M. O'Bannon, III
- Ronald A. Villanueva
- Peter F. Farrell
- M. Keith Hodges Voted No
- Riley E. Ingram
- Thomas A. Garrett, Jr. Voted No
- Michael J. Jones
- Barry D. Knight
- Freitas, Nicholas J. Voted No
- Miyares, Jason S. Voted No
- Bell, Robert B. Voted No
- Howell, Janet D.
- Fariss, C. Matthew Voted No
- Robinson, Roxann L. Voted No
Not signed on (118)
118 members have not signed on to this bill.
Show all 118 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 1 | 0 | 0 |
| Total | 98 | 1 | 0 | 0 |
| % of votes cast | 99% | 1% | 0% | 0% |
How each member voted (99)
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 92 | 0 | 0 | 0 |
| Total | 92 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (92)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 99 | 0 | 0 |
| Total | 0 | 99 | 0 | 0 |
| % of votes cast | 0% | 100% | 0% | 0% |
How each member voted (99)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 95 | 0 | 0 | 0 |
| Total | 95 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (95)
| Member | Party | Vote |
|---|---|---|
| Albo | — | Yea |
| Cole | — | Yea |
| Fariss | — | Yea |
| Freitas | — | Yea |
| Gilbert | — | Yea |
| Heretick | — | Yea |
| LaRock | — | Yea |
| Landes | — | Yea |
| LeMunyon | — | Yea |
| Levine | — | Yea |
| Massie | — | Yea |
| Miyares | — | Yea |
| Mullin | — | Yea |
| Orrock | — | Yea |
| Plum | — | Yea |
| Poindexter | — | Yea |
| Villanueva | — | Yea |
| Yancey | — | Yea |
| Bell, John J. | — | Yea |
| Bell, Richard P. | — | Yea |
| Bell, Robert B. | — | Yea |
| Cox | — | Yea |
| Jones | — | Yea |
| Bulova | — | Yea |
| Byron | — | Yea |
| Campbell | — | Yea |
| Cline | — | Yea |
| Dudenhefer | — | Yea |
| Edmunds | — | Yea |
| Farrell | — | Yea |
| Filler-Corn | — | Yea |
| Habeeb | — | Yea |
| Helsel | — | Yea |
| Hester | — | Yea |
| Holcomb | — | Yea |
| Hugo | — | Yea |
| Ingram | — | Yea |
| James | — | Yea |
| Keam | — | Yea |
| Kory | — | Yea |
| Lindsey | — | Yea |
| Lingamfelter | — | Yea |
| Marshall, D.W. | — | Yea |
| Marshall, R.G. | — | Yea |
| Miller | — | Yea |
| Mr. Speaker | — | Yea |
| Loupassi | — | Yea |
| Minchew | — | Yea |
| Morris | — | Yea |
| Murphy | — | Yea |
| O'Bannon | — | Yea |
| Peace | — | Yea |
| Pogge | — | Yea |
| Ransone | — | Yea |
| Robinson | — | Yea |
| Rush | — | Yea |
| Stolle | — | Yea |
| Toscano | — | Yea |
| Tyler | — | Yea |
| Yost | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Barry D. Knight | — | Yea |
| Betsy B. Carr | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Charniele L. Herring | — | Yea |
| Christopher T. Head | — | Yea |
| Delores L. McQuinn | — | Yea |
| Hyland F. "Buddy" Fowler, Jr. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jeion A. Ward | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jessica L. Anderson | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| Mark D. Sickles | — | Yea |
| Michael J. Webert | — | Yea |
| Patrick A. Hope | — | Yea |
| Paul E. Krizek | — | Yea |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Sam Rasoul | — | 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 |
| Vivian E. Watts | — | Yea |
| Will Davis | — | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does HB 2386 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 HB 2386?
- HB 2386 is sponsored by Joseph R. Yost, R. Lee Ware, Tony O. Wilt, Betsy B. Carr, G. Manoli Loupassi, Alfonso H. Lopez, R. Steven Landes, Brenda L. Pogge, Christopher K. Peace, Terry G. Kilgore, David E. Yancey, Timothy D. Hugo, Benjamin L. Cline, David B. Albo, James M. LeMunyon, James P. "Jimmie" Massie, III, John M. O'Bannon, III, Ronald A. Villanueva, Peter F. Farrell, M. Keith Hodges, Riley E. Ingram, Thomas A. Garrett, Jr., Michael J. Jones, Barry D. Knight, Freitas, Nicholas J., Miyares, Jason S., Bell, Robert B., Howell, Janet D., Fariss, C. Matthew, and Robinson, Roxann L..
- What is the current status of HB 2386?
- This bill has been enacted into law. Introduced January 17, 2017. Enacted.
- Where can I track HB 2386?
- Track HB 2386 free on One Click Politics — get push/email alerts when it moves.
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