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Committee approves bill preventing convictions solely for unpaid deferral costs, adds amendment to preserve debt collection
Summary
Senate Courts and Justice Committee advanced HB 1886, which bars courts from entering convictions solely because a defendant has not paid court costs after completing deferred-disposition conditions. The committee adopted an amendment clarifying that costs remain due and may be collected.
Delegate Doug McClure, sponsor of HB 1886, told the committee the bill prevents courts from converting a deferred disposition into a conviction solely because a defendant lacks the ability to pay court costs. McClure and supporters said the measure aims to avoid a two-tiered system where people who cannot afford fees are treated differently than those who can.
Lawmakers and witnesses debated the practical consequences of the language. Senators asked whether the draft would effectively force courts to dismiss cases without regard to unpaid fines and whether unpaid costs could still be collected as civil judgments. Office of the Executive Secretary (OES) staff advised adding language clarifying that costs remain due even if a deferred disposition results in a dismissal.
The committee amended the bill to add language that makes clear such costs or other fees remain due and could be recovered through ordinary collection processes. Supporters said the amendment preserves the bill’s goal—preventing convictions based solely on inability to pay—while allowing courts or treasurers to pursue outstanding costs as debt.
Why it matters: Supporters called HB 1886 an equity measure for indigent defendants completing court-ordered conditions; opponents and some senators warned the change could affect prosecutors’ willingness to agree to deferred dispositions if collection prospects are diminished. Committee members debated possible unintended consequences but ultimately adopted a compromise amendment recommended by OES.
Votes and outcome: The committee voted to report HB 1886 as amended. The clerk recorded "Ayes 8, Noes 5" on the amendment and final action; the bill was reported to the next stage as amended.
Quotes: "This bill will not relieve anyone who receives a dismissal in a deferred case from having to pay those court costs," Delegate Doug McClure said. "It just ensures that no one receives a conviction rather than a dismissal as a result of them not being able to pay those costs." "If you change the law...I don't know why a commonwealth's attorney would agree to it," Senator Stewart said, expressing concern that the change could reduce plea or deferral offers. "If the case is dismissed, you still owe the costs," Eileen Longenecker of the Office of the Executive Secretary said, recommending language to preserve collection rights.
Ending: The committee reported HB 1886 with the amendment clarifying costs remain outstanding and can be pursued through standard collection processes. The bill will move forward as amended.
