Virginia 2023 Regular Session

Virginia House Bill HB1655

Introduced
1/8/23  

Caption

Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.

Impact

The impact of HB 1655 on state laws is substantial, as it sets forth guidelines on how local and state entities are to collaborate in the collection of delinquent financial obligations. It mandates that courts and the Department of Taxation submit regular reports on assessed, collected, and unpaid fines and restitution, promoting accountability and oversight. Additionally, the bill restricts the assessment of collection fees during periods of incarceration, which could significantly affect how financially burdened individuals navigate their legal obligations post-release. This aspect is intended to reduce the financial pressure on defendants who may already be facing economic hardships.

Summary

House Bill 1655 focuses on the collection of fines, costs, forfeitures, and restitution related to criminal cases and traffic infractions in Virginia. The bill proposes significant amendments to existing state code sections, particularly §19.2-349, regarding the responsibilities of court clerks, attorneys for the Commonwealth, and the Department of Taxation, outlining the processes and timelines for collecting delinquent financial obligations imposed as a result of legal judgments. This proposed legislation aims to streamline the collection process and ensure that outstanding debts are addressed systematically, thereby enhancing revenue collection for the state.

Contention

Notable points of contention surrounding HB 1655 may arise regarding the implications of its provisions on defendants' rights and the responsibilities of government entities. Critics may voice concerns that the collection processes could disproportionately affect economically disadvantaged individuals, particularly those unable to fulfill their financial obligations due to circumstances beyond their control. Furthermore, the provisions that allow for private attorneys and collection agencies to be involved in the collection process could raise questions about transparency and the potential exploitation of vulnerable populations. Stakeholders may also debate the balance between effective revenue collection for the state and ensuring equitable treatment for individuals facing criminal penalties.

Companion Bills

No companion bills found.

Previously Filed As

VA SB185

Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.

VA HB17

Fines and costs; period of limitations on collection, responsibility for collections.

VA SB180

Fines and costs; period of limitations on collection, responsibility for collections.

VA HB17

An Act to amend and reenact §§ 19.2-340, 19.2-341, 19.2-349, and 19.2-354 of the Code of Virginia, relating to fines and costs; period of limitations on collection.

VA HB268

Fines and costs; period of limitations on collection, deferred payment agreement.

VA HB2825

fines; fees; assessments; restitution; nonpayment

VA HB16

Community service work in lieu of payment of fines and costs; work performed while incarcerated.

VA HB852

Indigent defendant; abolition of fees, legal representation, jury trial costs, report.

VA HB4112

Court fines and fees; deleting the assessment of certain fees; repealer; effective date.

VA SB633

Court fines and fees; indigent defendant, waiver of fees.

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