2020 BILLS
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Passed Bills 2020 (Regular and Special Session)
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HB 277 Payments of court fines and costs; community work in lieu of payment; during imprisonment. (2020)
Sponsored by Delegate Marcia Price [D]
03/02/20 Governor: Approved by Governor-Chapter 25 (effective 7/1/20)
Allows courts 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 during imprisonment. Under current law, credit may be earned only for the performance of community service work completed before or after imprisonment. Bill information here.
HB 278 Home/electronic incarceration program; payment to defray costs (2020)
Sponsored by Delegate Patrick Hope (D)
02/24/2020 Governor: Approved by Governor-Chapter 10 (effective 7/1/20)
Changes from mandatory to optional the current requirement that the director or administrator of a home/electronic incarceration program charge an offender or accused a fee for participating in the program in order to pay for the cost of home/electronic incarceration equipment.
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HB 824 Ex parte requests for expert assistance in criminal cases (2020)
Sponsored by Delegate Patrick Hope [D]
04/10/20 Governor: Approved by Governor-Chapter 1124 (effective 7/1/20)
Provides Ex parte requests for expert assistance in criminal cases. Provides that a defendant or his attorney, when such defendant is charged with a criminal offense and is financially unable to pay for expert assistance, may move a court to conduct an ex parte hearing on a request for such assistance. For a motion for expert assistance, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists. Upon receiving the defendant's or his attorney's declaration of need for confidentiality, the court shall conduct an ex parte hearing as soon as practicable on the request for authorization to obtain expert assistance. After a hearing upon the motion, the court shall authorize the defendant or his attorney to obtain expert assistance upon a showing that... Bill information here.
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SB 1 Suspension of driver's license for nonpayment of fines or costs (2020)
Sponsored by Senator William Stanley [R], Senator Jennifer McClellan [D], Senator David Suetterlein [R]
04/09/20 Governor: Approved by Governor-Chapter 965 (effective 7/1/20)
Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill also removes a provision allowing the court to require a defendant to present a summary prepared by the Department of Motor Vehicles of the other courts in which the defendant also owes fines and costs. The bill requires the Commissioner of the Department of Motor Vehicles to return or reinstate any person's driver's license that was suspended prior to July 1, 2019, solely for nonpayment of fines or costs. Such person does not have to pay a reinstatement fee. Bill information here.
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SB 451 Juvenile and domestic relations district court; award of attorney fees (2020)
Sponsored by Senator Scott Surovell [D]
03/06/20 Governor: Approved by Governor-Chapter 185 (effective 7/1/20)
Permits a juvenile and domestic relations district court judge to take all relevant factors, in addition to the relative financial ability of the parties, into consideration when awarding attorney fees and costs. Bill information here
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SB 5013 Marijuana; summons for violation of possession shall contain an option for person charged to prepay - Special Session 2020
Sponsored by Richard Stuart [R]
08/20/20 Senate: Reported from Judiciary with substitute (11-Y 2-N)
08/20/20 Senate: Committee substitute printed 20200793D-S1
08/28/20 Senate: Read third time and passed Senate (29-Y 7-N)
09/22/20 House: Reported from Courts of Justice (13-Y 7-N)
09/25/20 House: Passed House 63-Y 34-N
10/02/20 Senate: Signed by President
10/02/20 House: Signed by Speaker
10/02/20 Senate: Bill text as passed Senate and House (SB5013ER)
10/07/20 Senate: Enrolled Bill Communicated to Governor on October 7, 2020
10/13/20 Governor: Approved by Governor-Chapter 3 (effective 2/1/21)
10/13/20 Governor: Approved by Governor-Chapter 3 (Per article IV, Section 13, this bill will be effective on the
10/16/20 Senate: first day of the fourth month following the month adjournment sine die of this special session)
Provides that a summons for a violation of possession of marijuana shall contain the option for the person charged to prepay the civil penalty.
Read bill here.
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Failed Bills 2020
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HB 261 Suspension of driver's license for nonpayment of fines or costs. (2020)
Sponsored by Delegate Alfonso Lopez [D]
1/29/2019 Subcommittee recommends striking from docket (8-Y 0-N)
Removes the requirement that a court suspend the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs. The bill allows a court, after 90 days of nonpayment where the court finds the nonpayment was not an intentional refusal to obey the sentence of the court, to provide additional time for payment, reduce the amount of each payment installment, assign community service in lieu of payment, or waive the unpaid portion in whole or in part. Upon a finding that the nonpayment was an intentional refusal to obey the sentence of the court, a court may suspend the defendant's driver's license until payment in full or until the defendant enters into a payment plan.
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HB 285 Admission to bail; secure bond (2020)
Sponsored by Delegate Lee Carter (D)
1/27/2019 Subcommittee recommends laying on the table (8-Y 0-N) Bill Failed.
Prohibits a court from requiring the execution of a secure bond as a condition of pretrial release of a person arrested for either a felony or misdemeanor offense.
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HB 652 Admission to bail; presumption of release on recognizance (2020)
Sponsored by Delegate Suhas Subramanyam [D]
02/05/2020 Continued to 2021 in Courts of Justice by voice vote
Provides that a judicial officer shall release any person taken into custody by an arresting officer for any misdemeanor violation committed in such arresting officer's presence, except for violations of driving or operating a motor vehicle, watercraft, or motorboat while intoxicated offenses that give rise to a rebuttable presumption against bail; or as otherwise provided in Title 46.2.
02/05/20 House: Continued to 2021 in Courts of Justice by voice vote
12/04/20 House: Left in Courts of Justice
View bill here.
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HB 865 Expungement of certain misdemeanor drug offenses (2020)
Sponsored by Delegate Mark Levine [D]
12/04/20 House: Left in Courts of Justice
Allows a person convicted of a misdemeanor offense of possession of a controlled substance or marijuana, or charged with such an offense which charge was deferred and dismissed, who has successfully completed all terms of probation to file a petition for expungement one year after the completion of such terms if he has not been convicted of any offense involving violence. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction statutorily enhances punishment. The bill also provides that any outstanding fines or costs from the misdemeanor conviction may be waived or reduced for an indigent petitioner or for good cause shown.
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HB 922 Bail; data collection and reporting standards; report (2020)
Sponsored by Delegate Jennifer Foy [D]
02/11/2020 Left in Appropriations. Bill fails.
Requires the Department of Criminal Justice Services to (i) collect data relating to bail determinations for any person who is held in custody pending trial or hearing for an offense, civil or criminal contempt or otherwise, in every locality; (ii) create a uniform reporting mechanism for criminal justice agencies to submit such data; and (iii) submit an annual report on the data collected to the Governor and the General Assembly, as well as publish the annual report on the Department's website. The bill also provides that the law addressing bail is to be construed so as to give effect to a general presumption in favor of pretrial release. The bill also requires the Department to report to the House Committee for Courts of Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms. The bill has a delayed effective date of July 1, 2021, for provisions related to the creation of uniform reporting mechanisms and data collection by the Department.
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HB 1461 Appeal from bail, bond, or recognizance order (2020)
Sponsored by Delegate Don Scott [D]
02/11/2020 Left in Courts of Justice. Bill fails.​
Provides Appeal from bail, bond, or recognizance order. Provides that a court may stay the execution of a bail order, in all bail decisions, for as long as reasonably practicable, but in no event more than three days, for a party to obtain an expedited appeal before the next higher court. Under current law, there is no maximum time for the stay unless the bail decision was governed by the bail presumption
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SB 723 Bail; data collection and reporting standards; report (2020)
Sponsored by Senator Jennifer McClellan [D]
12/04/20 House: Left in Courts of Justice
Requires the Department of Criminal Justice Services to (i) collect data relating to bail determinations for any person who is held in custody pending trial or hearing for an offense, civil or criminal contempt or otherwise, in every locality; (ii) create a uniform reporting mechanism for criminal justice agencies to submit such data; and (iii) submit an annual report on the data collected to the Governor and the General Assembly, as well as publish the annual report on the Department's website. The bill also provides that the law addressing bail is to be construed so as to give effect to a general presumption in favor of pretrial release. The bill also requires the Department to report to the House Committee for Courts of Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms. The bill has a delayed effective date of July 1, 2021, for provisions related to the creation of uniform reporting mechanisms and data collection by the Department. Bill information here.
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SB 806 Ex parte requests for investigative services or expert Ex parte requests for investigative services or expert assistance in noncapital cases (2020)
Sponsored by Senator Joseph Morrissey [D] and Senator Creigh Deeds [D]
03/03/20 House: Left in Appropriations
Allows a defendant or his attorney, when such defendant is charged with a noncapital offense and is financially unable to pay for investigative services or expert assistance, to move a court to conduct an ex parte hearing on a request for such services or assistance. For a motion for investigative services, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists regarding the request for investigative services and, after a hearing upon the motion, the court shall authorize the defendant or his attorney to obtain investigative services upon a showing that the requested services would materially assist the defendant and are necessary in order to guarantee an adequate defense and that the lack of such confidential services would result in a fundamentally unfair trial. For a motion for expert assistance, the bill requires a defendant or his attorney to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Upon a finding, by clear and convincing evidence, that a particularized need for confidentiality of the expert services exists, the court shall hold an ex parte hearing and may order the appointment of a qualified expert upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the lack of such confidential assistance would result in a...
Read bill text here.
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