DelawareHB 133153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, FEES, RESTITUTION, AND OTHER COURT-RELATED MONETARY OBLIGATIONS.

Sponsored By: Claire Snyder-Hall (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Court debt relief for people facing hardship

Delaware defendants must pay court-imposed costs unless they qualify for a hardship waiver. You can show inability to pay at sentencing or later in covered criminal cases and motor vehicle cases. Motor vehicle cases that start in the voluntary assessment center are excluded. Courts can waive, pause, or change covered fines, fees, costs, penalties, assessments, and other payments, even otherwise mandatory amounts. Receipt of listed public assistance or representation by the Office of Defense Services in your case creates presumed hardship. So does incarceration in your case, or more than 3 days of Delaware pretrial detention within 6 months before sentencing. Courts can also consider past or current incarceration, current or recent homelessness, low income, and other proof of hardship. Time in a residential mental health facility during the prior 6 months also counts as evidence. Courts can still impose fines or fees despite presumed hardship in the interest of justice, with reasons in the sentencing order. Courts can require full payment at sentencing only after finding you can pay.

Fewer enforcement tools for court debts

Delaware courts can no longer add up to 30 jail days instead of requiring payment of fines, costs, or restitution. For criminal-case fines, fees, costs, assessments, or restitution, clerks can enter civil judgments only after nonpayment. That means the amount was not paid promptly or as the court ordered. The State can no longer request immediate judgment entry outside those conditions. These changes do not erase the debt.

Longer restitution collection with property limits

Covered Delaware restitution judgments are exempt from the usual judgment expiration and renewal rules, allowing longer collection. If a judgment includes fines or fees, only its restitution part gets that exemption. The other amounts still follow those rules. A restitution judgment cannot remain attached to real property beyond seven years after the convicted person sells, transfers, or loses ownership.

Sponsors & Cosponsors

Sponsor

Claire Snyder-Hall
Democratic • House

Cosponsors

Alonna Berry
Democratic • House
Stephanie T. Bolden
Democratic • House
Darius J. Brown
Democratic • Senate
Frank Burns
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Daniel Cruce
Democratic • Senate
Mara Gorman
Democratic • House
Krista Griffith
Democratic • House
Kerri Evelyn Harris
Democratic • House
Debra Heffernan
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Kamela T Smith
Democratic • House
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Sean M. Lynn
Democratic • House
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Josue O Ortega
Democratic • House
Sophie Phillips
Democratic • House
Marie Pinkney
Democratic • Senate
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate
Madinah Wilson-Anton
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 40 • No: 18

Senate vote • 6/30/2026

Passed (SM required)

Yes: 16 • No: 5

House vote • 3/24/2026