This amendment exempts assessments related to the Victims Compensation Fund from the courts’ authority to waive, modify, and suspend fines and fees.

Plain English Breakdown

Checked against official source text during the last sync.

Amendment to Protect Victims Compensation Fund Assessments

This amendment stops courts from waiving, modifying, or suspending assessments related to the Victims Compensation Fund.

What This Bill Does

• Exempts assessments for the Victims Compensation Fund from court actions that can waive, modify, or suspend fines and fees.
• Clarifies that 'fee' does not include restitution in hardship waiver statutes.
• Specifies that toll violations, red light violations, and speed camera violations cannot be waived or modified under hardship rules.

Who It Names or Affects

• Courts
• Victims Compensation Fund

Terms To Know

Hardship waiver

A court decision to reduce, suspend, or modify fines and fees for someone who cannot pay.

Restitution

Money paid by a person found guilty of a crime to the victim as compensation.

Limits and Unknowns

• The bill does not specify what happens if courts try to modify assessments related to the Victims Compensation Fund.
• It is unclear how this amendment will affect existing cases where such waivers or modifications have already been granted.

Official Summary Text

This amendment exempts assessments related to the Victims Compensation Fund from the courts’ authority to waive, modify, and suspend fines and fees.
It clarifies that the word “fee” as used in the hardship waiver statute does not include restitution.
It also clarifies that toll violations, red light, and speed camera violations are not eligible for hardship waiver or modification.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Snyder-Hall

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 133

AMEND House Bill No. 133 by deleting lines 22 and 23 in their entirety and inserting in lieu thereof the following:

“

(a) (1) 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” does not include restitution or a fine.

(2) A hardship waiver under this section may not be applied to an offense that originates in the voluntary assessment center, a civil penalty under § 4129 of Title 21, or to an electronic speed monitoring violation or traffic light signal monitoring violation under Chapter 41 of Title 21.

”.

FURTHER AMEND House Bill No. 133 by deleting lines 67 through 69 in their entirety and inserting in lieu thereof the following:

“

(f) (1) Except as set forth under paragraph (f)(2) of this section and notwithstanding any law or court rule to the contrary, the court may choose not to impose or may at any time waive, suspend, or modify any fine or fee including those otherwise deemed mandatory or not subject to waiver or suspension.

(2) The penalty assessment under § 9016 of this title may not be waived, suspended, or modified under this section.

”.

SYNOPSIS

This amendment exempts assessments related to the Victims Compensation Fund from the courts’ authority to waive, modify, and suspend fines and fees.

It clarifies that the word “fee” as used in the hardship waiver statute does not include restitution.

It also clarifies that toll violations, red light, and speed camera violations are not eligible for hardship waiver or modification.