Bill Summary – FastDemocracy

HB 36
                       Department of Legislative Services
                               Maryland General Assembly
                                     2020 Session
                            FISCAL AND POLICY NOTE
                                  Third Reader
House Bill 36                    (Delegate Barron, et al.)
Judiciary                                                               Judicial Proceedings
                      Juvenile Proceedings - Fines, Fees, and Costs
This bill repeals statutory provisions that authorize the juvenile court to (1) impose
civil fines or court costs; (2) assess attorney’s fees; and (3) order a parent to pay a sum to
support the child. The bill prohibits a court in a juvenile proceeding from ordering a parent,
guardian, custodian, or child to pay a sum of money to cover the support of a child or a
fine, fee, or cost. The bill applies to juvenile proceedings other than child in need of
assistance proceedings. On the bill’s effective date of October 1, 2020, the balance of any
court-ordered fines, fees, or costs previously assessed, as specified, are unenforceable and
uncollectable and the applicable portion of any judgment is vacated.
                                     Fiscal Summary
State Effect: The bill is not anticipated to materially affect State finances or operations,
as discussed below.
Local Effect: The bill is not anticipated to materially affect local finances or operations,
as discussed below.
Small Business Effect: Minimal.
                                          Analysis
Bill Summary/Current Law: Subject to specified exceptions, the juvenile court has
jurisdiction over any child alleged to be delinquent or in need of supervision. The
juvenile court also has jurisdiction over juvenile peace orders.
A law enforcement officer authorized to make arrests must issue a citation to a child if the
officer has probable cause to believe that the child is violating specified offenses, including
prohibitions against (1) the use or possession of less than 10 grams of marijuana;
(2) consuming or possessing alcohol on public school premises; and (3) using or possessing
tobacco products. Under current law, in addition to other dispositions, if the juvenile court
finds that a child has committed a violation specified in a citation, it may impose a civil
fine of up to $25 for a first violation and $100 for a second or subsequent violation. The
bill repeals the authority of the juvenile court to impose a civil fine.
The bill also repeals statutory provisions that authorize the juvenile court (1) to impose
reasonable court costs against a respondent found to be delinquent, or the respondent’s
parent, guardian, or custodian; (2) to assess attorney’s fees against any party or a parent of
the child for the services of an attorney appointed to represent a child in a
juvenile proceeding; and (3) after giving the parent a reasonable opportunity to be heard,
to order either or both parents to pay a sum in the amount the court directs to cover the
support of the child wholly or partly.
State/Local Fiscal Effect: It is assumed that any potential loss of revenue from the bill’s
prohibition against the imposition of specified fines, fees, and costs in
juvenile proceedings, and the inability to collect previously imposed fines, fees, and costs,
does not materially affect State and local finances. The Department of Juvenile Services,
the Office of the Public Defender, and the Judiciary advise that the bill is not anticipated
to have a fiscal impact. According to an informal survey of judges by the Judiciary, fines
and court costs in juvenile cases are not generally assessed.
                                 Additional Information
Prior Introductions: HB 694 of 2019, a similar bill, received a hearing in the House
Judiciary Committee, but no further action was taken. Its cross file, SB 823, received a
hearing in the Senate Judicial Proceedings Committee, but no further action was taken.
Cross File: None.
Information Source(s): Judiciary (Administrative Office of the Courts); Office of the
Public Defender; Maryland Department of Health; Department of Juvenile Services;
Department of Legislative Services
Fiscal Note History:      First Reader - January 14, 2020
mr/aad                    Third Reader - March 16, 2020
Analysis by: Jennifer K. Botts                          Direct Inquiries to:
                                                        (410) 946-5510
HB 36/ Page 2
                (301) 970-5510
HB 36/ Page 3
Statutes affected: 
Text - First - Juvenile Proceedings - Fines, Fees, and Costs: 16-210 Courts and Judicial Proceedings
Text - Third - Juvenile Proceedings - Fines, Fees, and Costs: 16-210 Courts and Judicial Proceedings