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Committee approves bill to require judges to consider defendants' ability to pay before seeking driver's-license suspension

3089028 ยท April 14, 2025
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Summary

House Bill 1926 would require courts to document a defendant's financial ability before requesting the Department of Finance and Administration to suspend a driver's license for unpaid fines and fees.

The Senate Judiciary Committee advanced House Bill 1926, which would require courts to inquire into a defendant's ability to pay and document that inquiry before requesting driver's-license suspension for unpaid fines and fees.

Representative Steve Unger, who worked in a halfway house and presented the bill, said removing driver's licenses for unpaid fines and fees is counterproductive to reducing recidivism. He described two existing code provisions in Chapter 16 โ€” 16-13-702 and 16-13-708 โ€” that call for courts to consider a defendant's financial ability and to hold a hearing before asking the Department of Finance and Administration to suspend a license. Unger said the bill adds a sample budget and documentation requirements to ensure judges follow the existing statutory steps.

A committee member asked whether there is a monetary cap on fines; Representative Unger said he did not know that figure. No witnesses registered opposition; the committee moved the bill forward on a voice vote.

Supporters said the bill aims to protect low-income defendants from losing driving privileges when the underlying cause is inability to pay and to ensure the statutory safeguard is applied consistently.