This bill proposes significant updates to the enforcement procedures for court-ordered monetary obligations, specifically fines, fees, assessments, and restitution. Under the current law, the court is required to compel a defendant to show cause for nonpayment, and it can issue a warrant for arrest if the defendant fails to appear. The bill removes this requirement and prohibits the issuance of arrest warrants for nonpayment hearings, instead allowing the court to issue a summons to determine the defendant's ability to pay. Additionally, if a defendant fails to appear, the court can enter a civil default determination of nonpayment, enabling the state or entitled parties to pursue civil collection remedies without further court orders.

The bill also modifies the conditions under which a court can find a defendant in contempt for nonpayment. It eliminates the requirement for the court to find willful failure to pay and allows for a broader range of lawful actions when a defendant cannot pay, including community restitution. Furthermore, it mandates that defendants receive clear written notice regarding their rights and the purpose of hearings related to their ability to pay. The bill introduces provisions for defendants to contest civil default determinations and outlines the consequences of failing to appear at subsequent hearings, including the reentry of civil judgments and restrictions on contesting multiple defaults within a year. Overall, these changes aim to create a more equitable approach to handling nonpayment of court-ordered financial obligations.

Statutes affected:
Introduced Version: 13-810
House Engrossed Version: 13-810