FINES AND FEES - 2022
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PASSED
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HB307 Virginia Freedom of Information Act; estimated charges for records.
Introduced by: Nicholas J. Freitas [R]
Provides that a public body subject to the Virginia Freedom of Information Act shall make all reasonable efforts to supply records requested by a citizen at the lowest possible cost. The bill also requires a public body, prior to conducting a search for records, to notify the requester in writing of the public body's right to make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records.
03/08/22 House: Signed by Speaker
03/08/22 Senate: Signed by President
04/11/22 House: Governor's recommendation received by House
04/27/22 House: House concurred in Governor's recommendation (52-Y 48-N)
04/27/22 House: Signed by Speaker as reenrolled
04/27/22 Senate: Signed by President as reenrolled
04/27/22 House: Enacted, Chapter 756 (effective 7/1/22)
View bill here.
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HB 614 Requirement for appeals bond; indigent parties; appeal of unlawful detainer
Introduced by: Jeffrey M. Bourne [D]
Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant in civil actions to post an appeal bond in any civil case appealed from the general district court. The bill also removes provisions of the Code allowing a plaintiff in an unlawful detainer case that has been appealed to the circuit court to request the judge to order a writ of eviction immediately upon entry of judgment for possession.
02/07/22 House: Reported from Courts of Justice with substitute (13-Y 7-N)
03/11/22 House: Enrolled Bill communicated to Governor on March 11, 2022
04/11/22 House: Governor's recommendation received by House
04/27/22 House: House rejected Governor's recommendation (35-Y 65-N)
04/27/22 House: VOTE: Adoption (35-Y 65-N)
View bill here.
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HB 665 State correctional facilities; fees
Introduced by: Patrick A. Hope [D]
State correctional facilities; fees. Directs the Department of Corrections (the Department) to convene a work group to review and make recommendations regarding the reduction or elimination of costs and fees charged to inmates in state correctional facilities. The bill directs the Department to report its findings to the Chairmen of the House Committee on Public Safety and the Senate Committee on Rehabilitation and Social Services by October 1, 2022.
02/22/22 Senate: Passed Senate with substitute (31-Y 9-N)
04/11/22 Governor: Approved by Governor-Chapter 681 (effective 7/1/22)
View bill here.
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SB 348 Support orders; retroactivity; arrearages; party's incarceration
Introduced by: Scott A. Surovell [D]
Makes various changes to provisions of law related to child and spousal support orders, including (i) providing that in cases in which jurisdiction over child support or spousal support has been diverted from the juvenile and domestic relations district court and no final support order has been entered, any award for child support or spousal support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court and (ii) specifying that prejudgment interest on child support should be retroactive to the day of filing.
The bill provides that a party's incarceration alone for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. The bill further provides that a party's incarceration for 180 or more days shall be a material change of circumstances upon which a modification of a child support order may be based. The provisions of the bill related to imputation of income apply only to petitions for child support and petitions for a modification of a child support order commenced on or after July 1, 2022, and do not create a material change in circumstances for the purposes of modifying a child support order if a parent was incarcerated prior to July 1, 2022, and the incarcerated party cannot establish a material change in circumstances other than incarceration.
03/12/22 Conference: Amended by conference committee
03/12/22 House: Conference report agreed to by House (73-Y 19-N)
03/12/22 Senate: Conference report agreed to by Senate (40-Y 0-N)
03/21/22 Senate: Bill text as passed Senate and House (SB348ER)
04/11/22 Governor: Approved by Governor-Chapter 527 (effective 7/1/22)
View bill here.
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SB 441 Correctional facilities, state; fees
Introduced by: Jennifer B. Boysko [D]
Reduces or eliminates certain fees associated with inmates in state correctional facilities. The bill provides that the cost of items within a state correctional facility's store or commissary shall not exceed 10 percent of the typical market rate for the same goods or services and that the fee associated with electronic visitation and messaging systems shall not exceed the actual costs of establishing and operating such systems. The bill eliminates fees associated with the use of telephone systems and the provision of an inmate's medical records upon his discharge. The bill provides that upon discharge from a state correctional facility an inmate shall receive, in the form of a check, an electronic transfer, or a debit or other account card, the balance of the inmate's personal trust account.
03/09/22 House: House insisted on amendments
04/11/22 Governor: Approved by Governor-Chapter 682 (effective 7/1/22)
View bill here.
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SB 581 Local correctional facilities; fees
Introduced by: Joseph D. Morrissey [D]
Eliminates certain fees charged to inmates within a local correctional facility, including a fee to defray the costs associated with an inmate's keep, travel and other expenses associated with an inmate's work release employment or participation in an educational or rehabilitative program, and telephone systems. The bill also caps certain fees charged to inmates within a local correctional facility, including that the cost of items within a correctional facility's store or commissary and that the fee associated with electronic visitation and messaging systems. The bill removes provisions that if an inmate is unable to pay in full certain fees, the inmate must enter into a deferred or installment payment agreement with the local correctional facility, or that such facility may enter into a contract for collection of such fees with a private entity, a local governing body, or the county or city treasurer. The bill also provides that, upon discharge from a local correctional facility, an inmate shall receive, in the form of a check, electronic transfer, or a debit or other account card, the balance of all accounts maintained by the facility for an inmate's use.
03/11/22 Senate: Conference report agreed to by Senate (37-Y 3-N)
03/11/22 Conference: Amended by conference committee
03/11/22 House: Conference report agreed to by House (96-Y 0-N)
03/21/22 Senate: Bill text as passed Senate and House (SB581ER)
04/11/22 Governor: Approved by Governor-Chapter 359 (effective 7/1/22)
View bill here.
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VETOED BY GOVENOR
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HB 573 Statute of limitations; medical debt; judgment entered for medical debt
Introduced by: Nadarius E. Clark [D]
Statute of limitations; medical debt; judgment entered for medical debt. Provides that the statute of limitations for an action on any contract, written or unwritten, to collect medical debt, including actions brought by the Commonwealth, is three years. The bill further provides that no execution shall be issued and no action brought on a judgment, including a judgment in favor of the Commonwealth, rendered on medical debt after seven years from the date of such judgment; where the medical debt incurred was for life-sustaining treatment, no execution shall be issued and no action brought on such judgment more than three years from the date of such judgment. Under current law, the period within which such execution or action shall be brought is 20 years in circuit court and 10 years in general district court.
03/07/22 House: Senate substitute with amendment agreed to by House 22107160D-S1 (87-Y 9-N 1-A)
04/11/22 Governor: Vetoed by Governor
04/27/22 House: House sustained Governor's veto (48-Y 52-N)
04/28/22 House: VOTE: (48-Y 52-N)
View bill here.
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PENDING
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HB 1053 Local correctional facilities; fees
Introduced by: Irene Shin [D]
Local correctional facilities; fees. Eliminates certain fees charged to inmates within a local correctional facility, including a fee to defray the costs associated with an inmate's keep, travel and other expenses associated with an inmate's work release employment or participation in an educational or rehabilitative program, and telephone systems. The bill also reduces certain fees charged to inmates within a local correctional facility, including that the cost of items within a correctional facility's store or commissary shall not exceed 10 percent of the typical market rate for the same goods or services, and that the fee associated with electronic visitation and messaging systems shall not exceed the actual costs of establishing and operating such systems. The bill removes provisions that if an inmate is unable to pay in full such fees, the inmate must enter into a deferred or installment payment agreement with the local correctional facility, or that such facility may enter into a contract for collection of such fees with a private entity, a local governing body, or the county or city treasurer. The bill also provides that, upon discharge from a local correctional facility, an inmate shall receive, in the form of a check, electronic transfer, or a debit or other account card, the balance of all accounts maintained by the facility for an inmate's use.
02/11/22 House: VOTE: Passage (99-Y 0-N)
02/18/22 Senate: Reported from Rehabilitation and Social Services with substitute (10-Y 5-N)
02/22/22 Senate: Passed Senate with substitute (28-Y 12-N)
02/25/22 House: Senate substitute rejected by House 22106689D-S1 (0-Y 98-N)
02/25/22 House: VOTE: Rejected (0-Y 98-N)
02/25/22 House: VOTE: Rejected (0-Y 98-N)
03/01/22 Senate: Senate insisted on substitute (40-Y 0-N)
03/01/22 Senate: Senate requested conference committee
03/02/22 House: House acceded to request
03/03/22 Senate: Senators: Morrissey, Boysko, Reeves
03/07/22 House: Conferees appointed by House
03/07/22 House: Delegates: Shin, Wilt, Batten
03/10/22 Conference: Amended by conference committee
03/10/22 House: Conference substitute printed 22107748D-H2
03/11/22 House: Conference report agreed to by House (97-Y 0-N)
03/11/22 House: VOTE: Adoption (97-Y 0-N)
03/12/22 House: Continued to 2022 Sp. Sess. pursuant to HJR 455
View bill here.
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DID NOT PASS OR CONTINUED TO 2023
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HB 375 Fines and costs; period of limitations on collection FAILED
Introduced by: Angelia Williams Graves [D]
Fines and costs; period of limitations on collection. Changes the period of limitations for the collection of court fines and costs from within 60 years from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a circuit court or within 30 years if imposed by a general district court to within three years from the date of the judgment whether imposed by a circuit court or general district court. The bill also states that upon the expiration of the period of limitations, the fines imposed and costs taxed are extinguished and there shall be no right to collect the debt and that the period of limitations shall not be extended or revived on account of a partial payment; a written or verbal affirmation of any fines, monetary penalties, or costs; or a change in collection methods.
01/26/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 503 Bail in subsequent proceeding arising out of initial arrest FAILED
Introduced by: Michael P. Mullin [D]
Bail in subsequent proceeding arising out of initial arrest. Provides that any person who was previously admitted to bail shall be granted bail and have the terms of bond or recognizance fixed in the amount or manner consistent with the prior admission to bail, but if the court having jurisdiction of the subsequent proceeding believes bail is inappropriate, or the amount of bond or security inadequate or excessive, it may deny bail, or change the amount of such bond or security, require new and additional sureties, or set other terms of bail as are appropriate to the case. Under current law, any person who was previously admitted to bail is not required to be admitted to bail in any subsequent proceeding arising out of the initial arrest unless the court having jurisdiction of such subsequent proceeding deems the initial amount of bond or security taken inadequate. This bill is a recommendation of the Virginia Criminal Justice Conference.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 599 Virginia Freedom of Information Act; charges for production of public records. FAILED
Introduced by: Danica A. Roem [D]
Virginia Freedom of Information Act; charges for production of public records. Prohibits a public body from charging a requester for any costs incurred during the first two hours spent accessing or searching for requested records when such requester has made four or fewer individual record requests to such public body within 31 consecutive days. The bill provides that for any additional time spent accessing or searching for such records, or when such requester makes five or more individual record requests to such public body within any 31-consecutive-day period, the public body shall not charge an hourly rate for accessing or searching for the records exceeding the lesser of the hourly rate of pay of the lowest-paid individual capable of fulfilling the request or $33 per hour. The bill allows a public body to petition the appropriate court for relief from the $33 per hour fee cap upon showing by a preponderance of the evidence that there is no qualified individual capable of fulfilling the request for $33 per hour or less and requires such petition to be heard within seven days of when the petition is made, provided that the public body has sent and the requester has received a copy of the petition at least three working days prior to filing. The bill also provides that in certain instances a hearing on any petition shall be given precedence on a circuit court's docket over all cases that are not otherwise given precedence by law and that the time period the public body has to respond to a record request shall be tolled between the requester's receipt of the petition and the final disposition of the court. Finally, the bill prohibits a public body from charging a requester for any court costs or fees resulting from a petition and requires a public body to post on its website or otherwise publish a written policy (i) explaining how the public body assesses charges for accessing or searching for requested records and (ii) noting the current fee charged, if any, by the public body for accessing and searching for the requested records. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 620 Interest on fines and costs in criminal cases and traffic infractions. FAILED.
Introduced by: Sally L. Hudson [D]
Interest on fines and costs in criminal cases and traffic infractions. Eliminates the accrual of interest on any fine or costs imposed in a criminal case or in a case involving a traffic infraction. The bill provides that any such fine or costs that have accrued interest prior to July 1, 2022, shall cease to accrue interest on July 1, 2022, and any unpaid interest that has accrued on such fine or costs shall be automatically waived.
01/26/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 621 Communication systems within state correctional facilities; free telephone calls and communication, FAILED
Introduced by: Kaye Kory [D]
Communication systems within state correctional facilities; free telephone calls and communication services. Requires the Department of Corrections to provide telephone systems and web-based or electronic communications systems free of charge to any person, whether such person is initiating or receiving the communication.
02/03/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Public Safety
View bill here.
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HB 673 Local correctional facilities; fees. Stricken from the docket.
Introduced by: Patrick A. Hope [D]
Local correctional facilities; fees. Eliminates certain fees charged to inmates within a local correctional facility, including a fee to defray the costs associated with an inmate's keep, travel and other expenses associated with an inmate's work release employment or participation in an educational or rehabilitative program, and telephone systems. The bill also reduces certain fees charged to inmates within a local correctional facility, including that the cost of items within a correctional facility's store or commissary shall not exceed 10 percent of the typical market rate for the same goods or services, and that the fee associated with electronic visitation and messaging systems shall not exceed the actual costs of establishing and operating such systems. The bill removes provisions that if an inmate is unable to pay in full such fees, the inmate must enter into a deferred or installment payment agreement with the local correctional facility, or that such facility may enter into a contract for collection of such fees with a private entity, a local governing body, or the county or city treasurer. The bill also provides that, upon discharge from a local correctional facility, an inmate shall receive, in the form of a check, electronic transfer, or a debit or other account card, the balance of all accounts maintained by the facility for an inmate's use.
02/03/22 House: Subcommittee recommends striking from docket (8-Y 0-N)
View bill here.
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HB 797 Community service work in lieu of payment of fines and costs; underpaid work FAILED.
Introduced by: Marcia S. "Cia" Price [D]
Community service work in lieu of payment of fines and costs; underpaid work. Provides that in the program established by a court to provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work, underpaid work, as such term is defined in the bill, is added as an option for earning such credits before, during, or after such person is incarcerated in a state or local correctional facility, provided that such underpaid work is authorized by the court. The bill makes offering such option for community service work or underpaid work mandatory. The bill provides that a person who is performing underpaid work shall be credited at the same rate as the community service work rate less any wages received for the underpaid work. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option was not mandatory.
01/21/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
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SB 165 Jails, local; compensation for cost of incarceration
Introduced by: Mark J. Peake [R]
Compensation of local jails for cost of incarceration. Provides for local jails to be compensated for the actual cost of incarcerating convicted felons at the rate calculated in the Compensation Board's annual jail cost report. Current law provides for jails to be compensated for the cost of incarceration of convicted felons as provided for in the general appropriation act.
01/21/22 Senate: Reported from Rehabilitation and Social Services (15-Y 0-N)
02/02/22 Senate: Continued to 2023 in Finance and Appropriations (16-Y 0-N)
View bill here.
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SB 475 Court appearance of a person not free on bail; changes to provisions regarding bail hearings, etc.
Introduced by: Jennifer L. McClellan [D]
Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused, (ii) the information provided to counsel for the accused, (iii) a requirement that counsel for the accused be provided with adequate time to confer with the accused prior to any bail hearing, and (iv) the compensation of counsel for the accused. Effective in due course, the bill provides that the chief judge in each circuit shall create a plan to be completed by October 1, 2022, that establishes the means by which the jurisdiction will meet these requirements. The remainder of the bill has a delayed effective date of January 1, 2023.
02/07/22 Senate: Reported from Judiciary with amendment (12-Y 3-N)
02/10/22 Senate: Continued to 2023 in Finance and Appropriations (16-Y 0-N)
View bill here.
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SB 564 Sealing of offenses resulting in a deferred and dismissed disposition or conviction. FAILED
Introduced by: L. Louise Lucas [D]
Sealing of offenses resulting in a deferred and dismissed disposition or conviction. Provides that a person shall not pay any fees or costs for filing a sealing criminal records petition. Under current law, a person is required to file an indigence petition for any fees or costs to be waived. The bill also eliminates the lifetime cap on the number of sealing petitions that may be filed. The bill reduces from seven years to three years for a misdemeanor offense and from 10 years to seven years for a felony offense the minimum period of time between the offense to be sealed and the filing of the sealing petition during which the petitioner must not have been convicted of violating any law of the Commonwealth. The bill also adds convictions for (i) failure to pay child support, (ii) driving without a license, (iii) driving with a suspended or revoked license, and (iv) a misdemeanor violation of reckless driving to the list of offenses eligible for an automatic sealing. The bill also specifies that the sealing of records related to a conviction includes sealing any criminal history record information and court records related to any violation of the terms and conditions of a suspended sentence or probation for such conviction.
03/04/22 House: Subcommittee recommends laying on the table (6-Y 2-N)
03/08/22 House: Left in Courts of Justice
View bill here.