HB2651113th GA (Historical)Introduced

Amends TCA Title 16 and Title 18.

This bill requires the clerk of each court exercising criminal jurisdiction to compile a monthly report of all fines and fees assessed by the court in the previous month. The clerk must submit the report to the administrative office of the courts on or before the fifteenth day of each month for the period covering the preceding calendar month. This bill requires the report to include (i) the court that assessed the fines and fees; (ii) the case number; (iii) the date the fines and fees were assessed; (iv) the amount of the assessment; (v) whether the assessment is a fine or fee, or both; (vi) the code citation for the principal crime for which the defendant was convicted or found in violation; (vii) the due date for an assessment that does not have a payment plan; (viii) whether the assessment, at the time of conviction, included a payment plan; (ix) the total length of the payment plan in months, if a payment plan is included; (x) whether the assessment has been paid in full; (xi) whether the assessment has a remaining balance that is not due; (xii) whether the assessment has a past due balance and by how many days; (xiii) the amount of the interest or penalty for failure to pay as due; (xiv) whether the initial assessment has been reduced, restructured, or forgiven completely; and (xv) the demographic information of the defendant, including indigent status. As used in this bill, "fees" include court costs and other charges used to fund the criminal justice system and other government services, and "fines" include financial penalties for traffic and other code violations, misdemeanors, and felonies, and financial obligations assessed as condition of probation or parole. STATEWIDE DATABASE This bill requires the administrative office of the courts to create and maintain a statewide database and searchable public website that compiles the reports received by the office pursuant to the provisions above. The administrative director must provide a summary of the reports within 30 days of the end of each fiscal year to the governor, the speaker of the senate, the speaker of the house of representatives, and the attorney general. This bill authorizes the administrative director to include in the summary recommendations to improve statutes, rules, and policies to better ensure the imposition, collection, and expenditure of criminal fines and fees are reported and done in a manner that is fair to citizens, particularly those who are economically disadvantaged and most vulnerable to excessive fines and fees.

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Overview

This bill requires the clerk of each court exercising criminal jurisdiction to compile a monthly report of all fines and fees assessed by the court in the previous month. The clerk must submit the report to the administrative office of the courts on or before the fifteenth day of each month for the period covering the preceding calendar month. This bill requires the report to include (i) the court that assessed the fines and fees; (ii) the case number; (iii) the date the fines and fees were assessed; (iv) the amount of the assessment; (v) whether the assessment is a fine or fee, or both; (vi) the code citation for the principal crime for which the defendant was convicted or found in violation; (vii) the due date for an assessment that does not have a payment plan; (viii) whether the assessment, at the time of conviction, included a payment plan; (ix) the total length of the payment plan in months, if a payment plan is included; (x) whether the assessment has been paid in full; (xi) whether the assessment has a remaining balance that is not due; (xii) whether the assessment has a past due balance and by how many days; (xiii) the amount of the interest or penalty for failure to pay as due; (xiv) whether the initial assessment has been reduced, restructured, or forgiven completely; and (xv) the demographic information of the defendant, including indigent status. As used in this bill, "fees" include court costs and other charges used to fund the criminal justice system and other government services, and "fines" include financial penalties for traffic and other code violations, misdemeanors, and felonies, and financial obligations assessed as condition of probation or parole. STATEWIDE DATABASE This bill requires the administrative office of the courts to create and maintain a statewide database and searchable public website that compiles the reports received by the office pursuant to the provisions above. The administrative director must provide a summary of the reports within 30 days of the end of each fiscal year to the governor, the speaker of the senate, the speaker of the house of representatives, and the attorney general. This bill authorizes the administrative director to include in the summary recommendations to improve statutes, rules, and policies to better ensure the imposition, collection, and expenditure of criminal fines and fees are reported and done in a manner that is fair to citizens, particularly those who are economically disadvantaged and most vulnerable to excessive fines and fees.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
110511080840

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