House passes bill giving judges wider discretion to waive fines and fees

Representative Krista Snyder Hall, sponsor of HB133, told the House the bill gives judges discretion to waive fines and fees for misdemeanor defendants who lack the means to pay, arguing the change would reduce long-term harms for low-income Delawareans.

"HB133 gives our courts the flexibility to take into account people's financial situation during sentencing," Representative Snyder Hall said, describing the bill as a product of a 2023 study group on court-imposed debt. She said the bill preserves mandatory penalties where statutory minima apply and excludes certain categories such as restitution and offenses handled administratively through the voluntary assessment center.

Miriam Dade, executive director of the Tideshift Justice Project, testified as an expert witness that Delaware courts already report how much they collect in each fee and fine in their annual reports, but told members that the more granular reporting the original bill proposed (how much was waived and how many waivers were applied) was judged by courts to be overly burdensome to produce. "The courts have, in their annual report every year, itemize the fines and fees that they collect," Dade said on the floor.

Nick Hansman from the Office of Management and Budget provided fiscal context, saying outstanding collections are estimated between $14 million and $15 million and that an assumption of 40% potential waiver was the basis for the roughly $5 million placeholder in the governor's recommended budget for potential revenue impacts.

Several members raised policy and budget concerns. Representative Collins and others pressed whether excluding red-light and toll violations (and matters resolved through the voluntary assessment center) left the state with unpredictable revenue and whether those fees should instead be folded into the general fund. Representative Shoup and Representative Pawlowski warned of moral-hazard effects and called for clearer objective criteria for determining inability to pay.

Sponsor Snyder Hall said the bill creates hardship waivers and a judicial process intended to be efficient for high-volume calendars, and that some categories are excluded because the bill's waiver mechanism assumes a judge-based decision that does not map to administrative or mail-in systems such as voluntary assessment.

On roll call the House recorded 24 yes, 13 no, 1 not voting and 3 absent; HB133 as amended by House Amendment 4 passed the House. The sponsor described the bill as a shift away from prolonged collection efforts and toward earlier assessment of defendants' ability to pay.

Next steps: HB133 will move to the Senate for further consideration.