This amendment to House Bill No.

Plain English Breakdown

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Amendment to House Bill No. 133

This amendment changes how certain court fees are handled in criminal cases and traffic violations, clarifying that restitution is not included as a fee for hardship waivers and making some types of fines non-waivable.

What This Bill Does

• Clarifies that 'fee' does not include restitution or fines when talking about hardship waivers.
• Says toll violations, offenses eligible for voluntary assessment, red light camera, and speed camera violations cannot be waived or modified.
• Makes a small fix to the wording of the bill.
• Exempts assessments related to the Victims Compensation Fund from being waived, suspended, or modified by courts.
• Removes an extra report that was required from the courts.

Who It Names or Affects

• People who have criminal cases or traffic violations and are trying to get hardship waivers for fees.
• Courts dealing with fines and fees in criminal cases and traffic violations.

Terms To Know

Hardship waiver

A situation where a court might reduce or remove certain costs if someone can prove they cannot afford to pay them.

Victims Compensation Fund

Money set aside to help victims of crimes with expenses like medical bills and counseling.

Limits and Unknowns

• The bill does not specify how the changes will be enforced or monitored.
• It is unclear if this amendment affects other types of fines or fees that are not mentioned in the text.

Official Summary Text

This amendment to House Bill No. 133 does all of the following: (1) clarifies that the word “fee” as used in the hardship waiver statute does not include restitution; (2) clarifies that toll violations, offenses eligible for voluntary assessment, red light camera, and speed camera violations are not eligible for waiver or modification under this Act; (3) makes a technical correction; (4) exempts assessments related to the Victims Compensation Fund from the courts’ authority to waive, modify, and suspend fines and fees; and (5) removes an additional report required of the courts.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Snyder-Hall

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 4

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 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.

”.

FURTHER AMEND House Bill No. 133 at line 61 by deleting “

subsection

” as it appears therein and inserting in lieu thereof “

paragraph

”.

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.

”.

FURTHER AMEND House Bill No. 133 by deleting lines 78 through 81 in their entirety.

SYNOPSIS

This amendment to House Bill No. 133 does all of the following: (1) clarifies that the word “fee” as used in the hardship waiver statute does not include restitution; (2) clarifies that toll violations, offenses eligible for voluntary assessment, red light camera, and speed camera violations are not eligible for waiver or modification under this Act; (3) makes a technical correction; (4) exempts assessments related to the Victims Compensation Fund from the courts’ authority to waive, modify, and suspend fines and fees; and (5) removes an additional report required of the courts.