EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0897*
SENATE BILL 897
E2, D1 2lr1593
SB 124/21 – JPR
By: Senator Smith
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Courts and Judicial Proceedings – Court Fines – Payment 2
FOR the purpose of requiring the court to investigate a certain defendant’s ability to pay 3
court fines; altering an authorization for a court to order an individual committed to 4
a correctional facility for nonpayment of court fines; authorizing the court to 5
authorize the clerk of the court to approve a certain payment plan under certain 6
circumstances; and generally relating to payment of court fines. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 7–504 and 7–504.1 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Courts and Judicial Proceedings 15
7–504. 16
(a) A defendant who is unable to pay a fine ordered by a court may apply to the 17
court for a reduction of the fine. 18
(b) If a defendant fails or is unable to pay a fine as ordered by a court, the court 19
[may] SHALL investigate the reasons for the failure or inability to pay the fine, including 20
the defendant’s financial and family situation and whether nonpayment of the fine is 21
contumacious or is due to indigence. 22
2 SENATE BILL 897
(c) After an investigation [that a court considers necessary] as to the reasons for 1
the failure or inability to pay a fine, the court: 2
(1) May order that the individual be committed to a correctional facility IF 3
THE COURT FINDS THAT THE NONPAYMENT OF TH E FINE IS CONTUMACIOUS AND IS 4
NOT DUE TO INDIGENCE ; 5
(2) May reduce the fine to an amount that the court determines the 6
defendant is able to pay; or 7
[(3) Subject to subsection (d) of this section, may direct that the individual 8
be imprisoned until payment of: 9
(i) The fine; or 10
(ii) Part of the fine that is undischarged after a pro rata credit for 11
time served instead of payment] 12
(3) MAY AUTHORIZE THE CLE RK OF THE COURT TO A PPROVE AN 13
INDIVIDUAL INSTALLME NT PLAN AGREEMENT FO R THE PAYMENT OF A F INE IN 14
ACCORDANCE WITH § 7–504.1 OF THIS SUBTITLE . 15
[(d) (1) Subject to the limitations in this subsection, the court shall determine 16
the period of imprisonment for default in payment of a fine. 17
(2) The period of imprisonment may not exceed: 18
(i) 1 day for each $10 of the fine; and 19
(ii) If the fine was imposed for a crime subject to punishment by 20
imprisonment, one–third of the maximum term authorized by the statute or ordinance 21
under which the individual was convicted, or 90 days, whichever is less; or 22
(iii) If the fine was imposed for a crime that is not subject to 23
punishment by imprisonment, absent default in payment of a fine, 15 days. 24
(3) The period of imprisonment, when added to the original sentence, may 25
not exceed the maximum term of imprisonment allowed for the crime. 26
(4) Each period of imprisonment imposed because of nonpayment of two or 27
more fines shall run concurrently unless the court specifies that the periods of 28
imprisonment shall run consecutively.] 29
7–504.1. 30
(a) This section applies to [a]: 31 SENATE BILL 897 3
(1) A defendant who is required to pay a fine for one or more traffic 1
offenses, including one or more citations for a violation of a parking ordinance or regulation 2
adopted under Title 26, Subtitle 3 of the Transportation Article; OR 3
(2) A DEFENDANT WHO IS REQ UIRED TO PAY ONE OR MORE FINES OF 4
ANY TYPE IMPOSED AT A HEARING OR TRIAL B Y THE COURT. 5
(b) (1) The District Court or a circuit court may authorize the clerk of the court 6
to approve an individual installment plan agreement in accordance with this section for the 7
payment of: 8
(i) One or more citations for a payable violation issued under § 9
26–201 of the Transportation Article; or 10
(ii) One or more fines OF ANY TYPE imposed at a hearing or trial by 11
the court. 12
(2) A defendant who agrees to enter into an installment plan agreement for 13
the payment of one or more citations under paragraph (1)(i) of this subsection consents to 14
conviction at the time of the agreement. 15
(c) (1) A defendant who is sentenced to pay one or more fines that total at least 16
$150 and certifies that the defendant is unable to pay the fine or fines may apply to the 17
clerk of the court to make installment payments in accordance with this section. 18
(2) An installment plan agreement under this section shall: 19
(i) REQUIRE REASONABLE IN STALLMENT PAYMENTS B ASED 20
ON THE DEFENDANT ’S ABILITY TO PAY, AS DETERMINED BY THE COURT; 21
(II) Require that the defendant make installment payments on the 22
total amount of the fine or fines covered by the agreement; and 23
[(ii)] (III) Specify the offenses and citations to which the agreement 24
applies. 25
(3) As a condition of an installment plan agreement, a defendant who 26
enters into the agreement shall inform the clerk of the court of any change of address during 27
the term of the agreement. 28
(4) (i) If a defendant fails to pay a fine in accordance with an 29
installment plan agreement under this section, the clerk of the court may: 30
1. Refer the amount of the unpaid outstanding fine to the 31
Central Collection Unit of the Department of Budget and Management; or 32 4 SENATE BILL 897
2. Process the unpaid outstanding fine as it would other 1
outstanding fines owed the court. 2
(ii) The clerk of the court shall provide notice to the defendant of the 3
disposition of the unpaid outstanding fine under subparagraph (i) of this paragraph in the 4
same manner required for other outstanding fines processed in the same manner. 5
(d) The requirements of subsection (c) of this section shall be posted in the clerk’s 6
office and on the website of the court. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2022. 9