HB 133 DE

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Passed Legislature

Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983). This Act gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances. It also creates a presumption that fines and fees will not be imposed when a defendant shows evidence of certain conditions, including receiving a public assistance benefit (like Medicaid, SNAP, or veterans’ benefits) or being represented by the Office of Defense Services. It also creates a hearing process for anyone already sentenced to pay a fine or fee. The changes in this Act are based on recommendations of the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023, report. This Act takes effect 180 days after its enactment.

• Claire Snyder-Hall Democratic · primary
• Sean M. Lynn Democratic · primary
• Spiros Mantzavinos Democratic · primary
• Darius J. Brown Democratic · primary
• Bryan Townsend Democratic · primary
• Bryant L. Richardson Republican · primary
• Eric Morrison Democratic · primary
• Melanie Ross Levin Democratic · primary
• Madinah Wilson-Anton Democratic · primary
• Mara Gorman Democratic · primary
• Marie Pinkney Democratic · primary
• David L. Wilson Republican · primary
• Cyndie Romer Democratic · primary
• Kerri Evelyn Harris Democratic · primary
• Nicole Poore Democratic · primary
• Russell Huxtable Democratic · primary
• Dave G. Lawson Republican · primary
• Stell Parker Selby · primary
• Josue O Ortega Democratic · primary
• Sarah McBride · primary
• David P. Sokola Democratic · primary
• Laura V. Sturgeon Democratic · primary
• Ray Seigfried Democratic · primary

1. May 1, 2025 Introduced and Assigned to Judiciary Committee in House · lower
2. May 8, 2025 Amendment HA 1 to HB 133 - Introduced and Placed With Bill · lower
3. May 14, 2025 Not Worked in Committee · lower
4. May 21, 2025 Reported Out of Committee (Judiciary) in House with 3 Favorable, 4 On Its Merits · lower
5. Jun 5, 2025 Amendment HA 2 to HB 133 - Introduced and Placed With Bill · lower
6. Jun 17, 2025 Amendment HA 3 to HB 133 - Introduced and Placed With Bill · lower
7. Mar 17, 2026 Amendment HA 4 to HB 133 - Introduced and Placed With Bill · lower
8. Mar 24, 2026 Amendment HA 1 to HB 133 - Stricken in House · lower
9. Mar 24, 2026 Amendment HA 2 to HB 133 - Stricken in House · lower
10. Mar 24, 2026 Amendment HA 3 to HB 133 - Stricken in House · lower
11. Mar 24, 2026 Amendment HA 4 to HB 133 - Passed In House by Voice Vote · lower
12. Mar 24, 2026 Passed By House. Votes: 24 YES 13 NO 1 NOT VOTING 3 ABSENT · lower
13. Mar 24, 2026 Assigned to Judiciary Committee in Senate · upper
14. Jun 24, 2026 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
15. Jun 30, 2026 Passed By Senate. Votes: 16 YES 5 NO · upper