Virginia HB 261: Drivers' license; suspension for nonpayment of fines or costs.

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2020 SESSION

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20101641D

HOUSE BILL NO. 261 

Offered January 8, 2020 

Prefiled December 30, 2019 

A BILL to amend and reenact �� 19.2-354, 19.2-354.1, 46.2-301, 
 46.2-395, 46.2-416, and 46.2-1200.1 of the Code of Virginia, relating to 
 suspension of license for failure or refusal to pay fines. 
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Patron-- Lopez 

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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 �� 19.2-354, 19.2-354.1, 46.2-301, 46.2-395, 
 46.2-416, and 46.2-1200.1 of the Code of Virginia are amended and reenacted as 
 follows:

� 19.2-354. Authority of court to order payment of fine, 
 costs, forfeitures, penalties or restitution in installments or upon other 
 terms and conditions; community work in lieu of payment.

A. Whenever (i) a defendant, convicted of a traffic infraction 
 or a violation of any criminal law of the Commonwealth or of any political 
 subdivision thereof, or found not innocent in the case of a juvenile, is 
 sentenced to pay a fine, restitution, forfeiture or penalty and (ii) the 
 defendant is unable to make payment of the fine, restitution, forfeiture, or 
 penalty and costs within 30 days of sentencing, the court shall order the 
 defendant to pay such fine, restitution, forfeiture or penalty and any costs 
 which the defendant may be required to pay in deferred payments or 
 installments. The court assessing the fine, restitution, forfeiture, or penalty 
 and costs may authorize the clerk to establish and approve individual deferred 
 or installment payment agreements. If the defendant owes court-ordered 
 restitution and enters into a deferred or installment payment agreement, any 
 money collected pursuant to such agreement shall be used first to satisfy such 
 restitution order and any collection costs associated with restitution prior to 
 being used to satisfy any other fine, forfeiture, penalty, or cost owed. Any 
 payment agreement authorized under this section shall be consistent with the 
 provisions of � 19.2-354.1, including any required minimum payments or other 
 required conditions. The requirements set forth in � 19.2-354.1 shall be posted 
 in the clerk's office and on the court's website, if a website is available. As 
 a condition of every such agreement, a defendant who enters into an installment 
 or deferred payment agreement shall promptly inform the court of any change of 
 mailing address during the term of the agreement. If the defendant is unable to 
 make payment within 90 days of sentencing, the court may assess a one-time fee 
 not to exceed $10 to cover the costs of management of the defendant's account 
 until such account is paid in full. This one-time fee shall not apply to cases 
 in which costs are assessed pursuant to � 17.1-275.1, 17.1-275.2, 17.1-275.3, 
 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9. Installment or deferred 
 payment agreements shall include ter