Maryland 2022 Regular Session

Maryland Senate Bill SB897 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0897
6	6
7	7	SENATE BILL 897
8	8	E2, D1 2lr1593
9	9	SB 124/21 – JPR
10	10	By: Senator Smith
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Courts and Judicial Proceedings – Court Fines – Payment 2
19	19
20	20	FOR the purpose of requiring the court to investigate a certain defendant’s ability to pay 3
21	21	court fines; altering an authorization for a court to order an individual committed to 4
22	22	a correctional facility for nonpayment of court fines; authorizing the court to 5
23	23	authorize the clerk of the court to approve a certain payment plan under certain 6
24	24	circumstances; and generally relating to payment of court fines. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Courts and Judicial Proceedings 9
28	28	Section 7–504 and 7–504.1 10
29	29	Annotated Code of Maryland 11
30	30	(2020 Replacement Volume and 2021 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Courts and Judicial Proceedings 15
36	36
37	37	7–504. 16
38	38
39	39	(a) A defendant who is unable to pay a fine ordered by a court may apply to the 17
40	40	court for a reduction of the fine. 18
41	41
42	42	(b) If a defendant fails or is unable to pay a fine as ordered by a court, the court 19
43	43	[may] SHALL investigate the reasons for the failure or inability to pay the fine, including 20
44	44	the defendant’s financial and family situation and whether nonpayment of the fine is 21
45	45	contumacious or is due to indigence. 22
46	46	2 SENATE BILL 897
47	47
48	48
49	49	(c) After an investigation [that a court considers necessary] as to the reasons for 1
50	50	the failure or inability to pay a fine, the court: 2
51	51
52	52	(1) May order that the individual be committed to a correctional facility IF 3
53	53	THE COURT FINDS THAT THE NONPAYMENT OF TH E FINE IS CONTUMACIOUS AND IS 4
54	54	NOT DUE TO INDIGENCE ; 5
55	55
56	56	(2) May reduce the fine to an amount that the court determines the 6
57	57	defendant is able to pay; or 7
58	58
59	59	[(3) Subject to subsection (d) of this section, may direct that the individual 8
60	60	be imprisoned until payment of: 9
61	61
62	62	(i) The fine; or 10
63	63
64	64	(ii) Part of the fine that is undischarged after a pro rata credit for 11
65	65	time served instead of payment] 12
66	66
67	67	(3) MAY AUTHORIZE THE CLE RK OF THE COURT TO A PPROVE AN 13
68	68	INDIVIDUAL INSTALLME NT PLAN AGREEMENT FO R THE PAYMENT OF A F INE IN 14
69	69	ACCORDANCE WITH § 7–504.1 OF THIS SUBTITLE . 15
70	70
71	71	[(d) (1) Subject to the limitations in this subsection, the court shall determine 16
72	72	the period of imprisonment for default in payment of a fine. 17
73	73
74	74	(2) The period of imprisonment may not exceed: 18
75	75
76	76	(i) 1 day for each $10 of the fine; and 19
77	77
78	78	(ii) If the fine was imposed for a crime subject to punishment by 20
79	79	imprisonment, one–third of the maximum term authorized by the statute or ordinance 21
80	80	under which the individual was convicted, or 90 days, whichever is less; or 22
81	81
82	82	(iii) If the fine was imposed for a crime that is not subject to 23
83	83	punishment by imprisonment, absent default in payment of a fine, 15 days. 24
84	84
85	85	(3) The period of imprisonment, when added to the original sentence, may 25
86	86	not exceed the maximum term of imprisonment allowed for the crime. 26
87	87
88	88	(4) Each period of imprisonment imposed because of nonpayment of two or 27
89	89	more fines shall run concurrently unless the court specifies that the periods of 28
90	90	imprisonment shall run consecutively.] 29
91	91
92	92	7–504.1. 30
93	93
94	94	(a) This section applies to [a]: 31 SENATE BILL 897 3
95	95
96	96
97	97
98	98	(1) A defendant who is required to pay a fine for one or more traffic 1
99	99	offenses, including one or more citations for a violation of a parking ordinance or regulation 2
100	100	adopted under Title 26, Subtitle 3 of the Transportation Article; OR 3
101	101
102	102	(2) A DEFENDANT WHO IS REQ UIRED TO PAY ONE OR MORE FINES OF 4
103	103	ANY TYPE IMPOSED AT A HEARING OR TRIAL B Y THE COURT. 5
104	104
105	105	(b) (1) The District Court or a circuit court may authorize the clerk of the court 6
106	106	to approve an individual installment plan agreement in accordance with this section for the 7
107	107	payment of: 8
108	108
109	109	(i) One or more citations for a payable violation issued under § 9
110	110	26–201 of the Transportation Article; or 10
111	111
112	112	(ii) One or more fines OF ANY TYPE imposed at a hearing or trial by 11
113	113	the court. 12
114	114
115	115	(2) A defendant who agrees to enter into an installment plan agreement for 13
116	116	the payment of one or more citations under paragraph (1)(i) of this subsection consents to 14
117	117	conviction at the time of the agreement. 15
118	118
119	119	(c) (1) A defendant who is sentenced to pay one or more fines that total at least 16
120	120	$150 and certifies that the defendant is unable to pay the fine or fines may apply to the 17
121	121	clerk of the court to make installment payments in accordance with this section. 18
122	122
123	123	(2) An installment plan agreement under this section shall: 19
124	124
125	125	(i) REQUIRE REASONABLE IN STALLMENT PAYMENTS B ASED 20
126	126	ON THE DEFENDANT ’S ABILITY TO PAY, AS DETERMINED BY THE COURT; 21
127	127
128	128	(II) Require that the defendant make installment payments on the 22
129	129	total amount of the fine or fines covered by the agreement; and 23
130	130
131	131	[(ii)] (III) Specify the offenses and citations to which the agreement 24
132	132	applies. 25
133	133
134	134	(3) As a condition of an installment plan agreement, a defendant who 26
135	135	enters into the agreement shall inform the clerk of the court of any change of address during 27
136	136	the term of the agreement. 28
137	137
138	138	(4) (i) If a defendant fails to pay a fine in accordance with an 29
139	139	installment plan agreement under this section, the clerk of the court may: 30
140	140
141	141	1. Refer the amount of the unpaid outstanding fine to the 31
142	142	Central Collection Unit of the Department of Budget and Management; or 32 4 SENATE BILL 897
143	143
144	144
145	145
146	146	2. Process the unpaid outstanding fine as it would other 1
147	147	outstanding fines owed the court. 2
148	148
149	149	(ii) The clerk of the court shall provide notice to the defendant of the 3
150	150	disposition of the unpaid outstanding fine under subparagraph (i) of this paragraph in the 4
151	151	same manner required for other outstanding fines processed in the same manner. 5
152	152
153	153	(d) The requirements of subsection (c) of this section shall be posted in the clerk’s 6
154	154	office and on the website of the court. 7
155	155
156	156	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
157	157	October 1, 2022. 9
158	158