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

New section 4104A creates a hardship waiver process with a presumption that fines and fees should not be imposed when a defendant shows they receive public assistance (Medicaid, SNAP, TANF, SSI, SSDI, VA benefits, subsidized housing, LIHEAP, reduced-fare transit card, general assistance, or subsidized daycare), were represented by the Office of Defense Services, were detained pretrial more than 3 days in the prior 6 months, or were sentenced to incarceration.

Courts must advise defendants on the record and in writing of hardship waiver availability at sentencing, and defense counsel must also advise defendants of the waiver and required evidence. If a court imposes fines despite a presumption of hardship, it must document its reasoning in the sentencing order.

Section 4101(b)(5) provides that restitution judgments are exempt from the judgment expiration and renewal requirements of Title 10 section 4711, but no such judgment will attach to a parcel of real property for more than 7 years after the convicted person has sold, transferred, or lost ownership interest in that specific parcel.

The definition of 'fee' for hardship waiver purposes now includes costs, penalties, assessments, or other monetary obligations related to criminal cases or motor vehicle offenses that do not originate in the voluntary assessment center. The previous amendment's specific exclusions (toll violations, red light camera, speed camera, electronic monitoring violations) are replaced by this broader voluntary assessment center exclusion.

Section 4104A(f) gives courts authority to waive, suspend, or modify any fine or fee including those otherwise deemed mandatory or not subject to waiver. This replaces the previous amendment's carve-out that penalty assessments under section 9016 could not be waived.

Section 4105(d) allows courts to impose an additional sentence of imprisonment (up to 30 days, concurrent or consecutive) in lieu of requiring payment of fines, costs, or restitution for defendants already sentenced to imprisonment.

Section 4107(b)(4) requires courts to report annually the number of cases in which a hardship waiver was granted and the total amount of fines, fees, or other monetary penalties that were waived or not imposed under section 4104A.

The Act takes effect 180 days after enactment.

Sponsorship expanded from a single sponsor (Rep. Snyder-Hall) to include additional co-sponsors (Reps. Lynn, Lambert; Sens. Brown, Townsend) and a long list of supporting legislators from both chambers.