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AR HB1673

Bill

Status

Introduced

3/9/2021

Primary Sponsor

Andrew Collins

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Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

HB1673 Summary

  • Requires district courts to conduct an "ability to pay inquiry" before imposing a fine, unless the defendant waives the inquiry and demonstrates ability to pay by entering a guilty plea and posting bond equal to the fine amount.

  • Allows courts to reduce fines, authorize community service at minimum wage as credit against fines, or authorize educational programs in lieu of payment if a defendant is determined unable to pay.

  • Permits installment payment plans when immediate full payment would cause severe hardship, provided the defendant can afford installment fees; court must issue an order requiring full payment by a date certain.

  • Establishes that imprisonment for nonpayment cannot exceed one day per $40 of fine (or 30 days for misdemeanors/one year for felonies, whichever is shorter) and requires written explanation in court docket if defendant's inability-to-pay claim is rejected.

  • Maintains $5 monthly installment fees with revenue split between Judicial Fine Collection Enhancement Fund and court automation funds for circuit and district courts.

Legislative Description

Concerning A Defendant's Ability Or Inability To Pay A Fine Or Fee.

Last Action

Recommended for study in the Interim by Joint Interim Committee on JUDICIARY COMMITTEE- HOUSE

4/27/2021

Committee Referrals

Judiciary3/9/2021

Full Bill Text

No bill text available