Senate committee advances law to raise traffic fines, create VIPD impound lot; towing fee, fine allocations amended

The Committee on Homeland Security, Justice and Public Safety voted to send Bill 36-0036, which would repeal and reenact portions of Title 20 of the Virgin Islands Code to increase traffic penalties and establish a Virgin Islands Police Department impound lot, to the Rules and Judiciary Committee after approving amendments to the bill.

The bill's sponsors, including Senator Kenneth L. Gittens and co-sponsors Senator Nobel Francis Jr. and Senator Franklin D. Johnson, told the committee the measure updates a fine schedule that has not kept pace with road conditions and inflation. "Under the proposed legislation, no citation would be less than $100," a sponsor said during opening remarks.

The bill would set a new distribution of fine revenue, create an impound lot for the VIPD, and establish an initial fee schedule for impound-related services. During the April 3 hearing the committee approved a sponsor's amendment to increase the proposed towing fee from $65 to $150 and approved an amendment directing $3 from each paid traffic citation to the Superior Court, with $1 for court administrative purposes and $2 designated for the Rising Stars Steel Orchestra.

Why it matters: VIPD and the Office of the Attorney General told lawmakers they support higher fines and a dedicated impound facility to improve evidence preservation and public safety. Officials said the changes would give law enforcement tools to remove abandoned and unsafe vehicles from public roadways and to secure vehicles that may contain forensic evidence. Attorney General Gordon Ray warned, however, that the bill does not provide startup funding for an impound lot and without an initial appropriation the department may be unable to establish one.

Key details and supporting evidence: The Virgin Islands Police Department told the committee that moving citations rose from 6,276 in fiscal 2023 to 7,294 in fiscal 2024, and parking violations rose from about 875 to about 1,216 over the same interval. Commissioners and traffic commanders said the territory recorded a higher number of traffic fatalities in early 2025 than in recent prior years; the VIPD noted nine fatalities so far in fiscal 2025, eight of which occurred on St. Croix.

Under the bill as amended, the committee was told the fine distribution from each paid citation would include: $1 to the Superior Court for administrative purposes, $2 to the issuing law enforcement agency, $5 to support the police athletic league and youth programs, and $25 for maintenance and upkeep of the VIPD impound lot; sponsors said they would also seek an allocation to support local cultural programs (the committee approved a $2 allocation per citation to the Rising Stars Steel Orchestra as part of a separate amendment). The original impound fee schedule included a $65 towing charge, $35 daily storage and a $25 administrative processing fee; the towing fee was amended to $150.

Officials emphasized enforcement and education. Sergeant Arthur A. Joseph, commander of the Traffic Investigation Bureau, told the committee that low existing fines have limited deterrent effect: "The fines are so low that people just prefer to just take the fine and move on, not changing their behaviors." VIPD leaders described ongoing monthly initiatives targeted at DUIs, seat-belt use and other traffic safety priorities and said they are using data-driven policing to direct enforcement activity.

Legal and fiscal clarifications: Attorney General Gordon Ray and the Department of Justice said increased fines alone are unlikely to resolve nonpayment but that clearer fines and an impound lot would help preserve evidence and support prosecution. Ray noted the bill's fee allocations to nonprofit programs and courts do not include start-up capital for infrastructure; he cautioned that acquisition, fencing, lighting and other costs will be needed to open a territory-run impound facility.

Action taken: The committee approved sponsor amendments by voice and then voted to report the bill favorably to the Rules and Judiciary Committee. On a roll call for the committee's favorable report, the votes were recorded as: Senator Angel Boulkes Jr., yes; Senator Dwayne M. DeGraff, yes; Senator Ray Fonseca, absent; Senator Kenneth L. Gittens, yes; Senator Franklin D. Johnson, yes; Senator Avery L. Lewis, yes; Senator Clifford A. Joseph, yes. The chair announced "6 yeas, 1 absent." The committee record shows the towing fee and the $3-per-citation allocation amendments were adopted prior to the final favorable vote.

What remains: The bill will be considered next by the Rules and Judiciary Committee. Lawmakers and the Department of Justice acknowledged additional appropriation or infrastructure planning will be needed to establish and operate the proposed impound lot before the VIPD can stop relying on private tow yards for long-term vehicle storage.

Sources: Testimony and data presented by Commissioner Mario M. Brooks (Virgin Islands Police Department); Attorney General Gordon Ray; Sergeant Arthur A. Joseph, Traffic Investigation Bureau; and sponsor remarks recorded at the Committee on Homeland Security, Justice and Public Safety hearing on April 3, 2025.