1 | 1 | | |
---|
2 | 2 | | <BillNo> <Sponsor> |
---|
3 | 3 | | |
---|
4 | 4 | | SENATE BILL 1117 |
---|
5 | 5 | | By Lamar |
---|
6 | 6 | | |
---|
7 | 7 | | |
---|
8 | 8 | | SB1117 |
---|
9 | 9 | | 002630 |
---|
10 | 10 | | - 1 - |
---|
11 | 11 | | |
---|
12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 16 |
---|
13 | 13 | | and Title 18, relative to reports related to the |
---|
14 | 14 | | operation of courts. |
---|
15 | 15 | | |
---|
16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 18, Chapter 1, Part 1, is amended by |
---|
18 | 18 | | adding the following as a new section: |
---|
19 | 19 | | (a) The clerk of each court exercising criminal jurisdiction shall compile a |
---|
20 | 20 | | monthly report of all fines and fees assessed by the court in the previous month. The |
---|
21 | 21 | | clerk shall submit the report to the administrative office of the courts on or before the |
---|
22 | 22 | | fifteenth day of each month for the period covering the preceding calendar month. |
---|
23 | 23 | | (b) The report submitted pursuant to subsection (a) must include: |
---|
24 | 24 | | (1) The court that assessed the fines and fees; |
---|
25 | 25 | | (2) The case number; |
---|
26 | 26 | | (3) The date the fines and fees were assessed; |
---|
27 | 27 | | (4) The amount of the assessment; |
---|
28 | 28 | | (5) Whether the assessment is a fine or fee, or both; |
---|
29 | 29 | | (6) The code citation for the principal crime for which the defendant was |
---|
30 | 30 | | convicted or found in violation; |
---|
31 | 31 | | (7) The due date for an assessment that does not have a payment plan; |
---|
32 | 32 | | (8) Whether the assessment, at the time of conviction, included a |
---|
33 | 33 | | payment plan; |
---|
34 | 34 | | (9) The total length of the payment plan in months, if a payment plan is |
---|
35 | 35 | | included; |
---|
36 | 36 | | |
---|
37 | 37 | | |
---|
38 | 38 | | - 2 - 002630 |
---|
39 | 39 | | |
---|
40 | 40 | | (10) Whether the assessment has been paid in full; |
---|
41 | 41 | | (11) Whether the assessment has a remaining balance that is not due; |
---|
42 | 42 | | (12) Whether the assessment has a past due balance and by how many |
---|
43 | 43 | | days; |
---|
44 | 44 | | (13) The amount of the interest or penalty for failure to pay as due; |
---|
45 | 45 | | (14) Whether the initial assessment has been reduced, restructured, or |
---|
46 | 46 | | forgiven completely; and |
---|
47 | 47 | | (15) The demographic information of the defendant, including indigent |
---|
48 | 48 | | status. |
---|
49 | 49 | | (c) As used in this section: |
---|
50 | 50 | | (1) "Fee": |
---|
51 | 51 | | (A) Means financial obligations assessed by a court exercising |
---|
52 | 52 | | criminal jurisdiction; and |
---|
53 | 53 | | (B) Includes court costs and other charges used to fund the |
---|
54 | 54 | | criminal justice system and other government services; and |
---|
55 | 55 | | (2) "Fine": |
---|
56 | 56 | | (A) Means punitive financial sanctions assessed by a court |
---|
57 | 57 | | exercising criminal jurisdiction; and |
---|
58 | 58 | | (B) Includes: |
---|
59 | 59 | | (i) Financial penalties for traffic and other code violations, |
---|
60 | 60 | | misdemeanors, and felonies; and |
---|
61 | 61 | | (ii) Financial obligations assessed as condition of |
---|
62 | 62 | | probation or parole. |
---|
63 | 63 | | SECTION 2. Tennessee Code Annotated, Title 16, Chapter 3, Part 8, is amended by |
---|
64 | 64 | | adding the following as a new section: |
---|
65 | 65 | | |
---|
66 | 66 | | |
---|
67 | 67 | | - 3 - 002630 |
---|
68 | 68 | | |
---|
69 | 69 | | (a) The administrative office of the courts shall create and maintain a statewide |
---|
70 | 70 | | database and searchable public website that compiles the reports received by the office |
---|
71 | 71 | | pursuant to SECTION 1. |
---|
72 | 72 | | (b) The administrative director shall provide a summary of the reports received |
---|
73 | 73 | | pursuant to SECTION 1 within thirty (30) days of the end of each fiscal year to the |
---|
74 | 74 | | governor, the speaker of the senate, the speaker of the house of representatives, and |
---|
75 | 75 | | the attorney general and reporter. |
---|
76 | 76 | | (c) The administrative director may include in the summary submitted pursuant |
---|
77 | 77 | | to subsection (b) recommendations to improve statutes, rules, and policies to better |
---|
78 | 78 | | ensure the imposition, collection, and expenditure of criminal fines and fees are reported |
---|
79 | 79 | | and done in a manner that is fair to citizens, particularly those who are economically |
---|
80 | 80 | | disadvantaged and most vulnerable to excessive fines and fees. |
---|
81 | 81 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
---|