Virginia HB 266: Criminal cases and traffic infractions; eliminates accrual of interest on fines and costs.

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2020 SESSION

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20100931D

HOUSE BILL NO. 266 

Offered January 8, 2020 

Prefiled December 30, 2019 

A BILL to amend and reenact � 19.2-353.5 of the Code of 
 Virginia, relating to interest on fines and costs in criminal cases and traffic 
 infractions. 
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Patrons-- Heretick, Delaney, Guy, Jenkins, Levine, Murphy, Rasoul and 
Samirah; Senator: Morrissey 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 19.2-353.5 of the Code of Virginia is amended and 
 reenacted as follows:

� 19.2-353.5. Interest on fines and costs.

No On or after July 1, 2020, no interest 
 shall accrue on any fine or costs imposed in a criminal case or in a case 
 involving a traffic infraction for a period of 40 days 
 from the date of the final judgment imposing such fine or 
 costs or during any period the defendant is incarcerated.

Any fine or costs 
 imposed in a criminal case or in a case involving a traffic infraction that 
 have accrued any interest prior to July 1, 2020, shall cease to accrue interest 
 on July 1, 2020. A person who owes fines and costs on which 
 interest has accrued during a period of 
 incarceration may move any court in which he owes fines and 
 costs to waive the unpaid 
 interest that accrued on such fines and costs 
 during such period of incarceration due 
 to indigency or for good cause shown. Upon A person who owes fines and costs on which 
 interest has accrued during a period of incarceration shall have such interest 
 waived upon certification of the period of incarceration by 
 the superintendent, sheriff, 
 warden, or other official in charge of 
 a correctional facility, or their designee 
 on a form developed by the Office of the Executive Secretary of the Supreme 
 Court, such interest shall be waived. In no event shall 
 interest accrue in such cases during any period in which a fine, costs, or both 
 a fine and costs are being paid in deferred or installment payments pursuant to 
 an order of the court. Whenever interest on any unpaid fine or costs accrues, 
 it shall accrue at the judgment rate of interest set forth in � 6.2-302.