Bill Summary – FastDemocracy

HOUSE BILL 1308
      R7                                                                                1lr2503
     By: Delegate Brooks
     Introduced and read first time: February 8, 2021
     Assigned to: Judiciary
                                                A BILL ENTITLED
 AN ACT concerning
                Vehicle Laws – Delinquent Traffic Citations – Enforcement
 FOR the purpose of repealing the requirement that the Motor Vehicle Administration
      suspend the driving privileges of a person for delinquent unpaid traffic fines;
      requiring the District Court or a circuit court to refer delinquent unpaid traffic fines
      to the Central Collection Unit in the Department of Budget and Management for
      collection; making certain conforming changes governing the contents of a traffic
      citation; requiring the District Court or a circuit court to provide certain notice that
      a delinquent unpaid fine will be referred to the Central Collection Unit; requiring
      the District Court or a circuit court to recall a delinquent unpaid fine from or
      re–refer a delinquent unpaid fine to the Central Collection Unit under certain
      circumstances; repealing a requirement that the Administration adopt certain
      procedures; and generally relating to the enforcement of delinquent unpaid traffic
      fines.
 BY repealing and reenacting, without amendments,
       Article – Transportation
       Section 26–201(a) and (b)
       Annotated Code of Maryland
       (2020 Replacement Volume)
 BY repealing and reenacting, with amendments,
       Article – Transportation
       Section 26–201(c) and 26–204
       Annotated Code of Maryland
       (2020 Replacement Volume)
       SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
 That the Laws of Maryland read as follows:
                                       Article – Transportation
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
           [Brackets] indicate matter deleted from existing law.
                                                                      *hb1308*
      2                                  HOUSE BILL 1308
 26–201.
        (a)    A police officer may charge a person with a violation of any of the following, if
 the officer has probable cause to believe that the person has committed or is committing
 the violation:
               (1)   The Maryland Vehicle Law, including any regulation adopted under
 any of its provisions;
              (2)    A traffic law or ordinance of any local authority;
              (3)    Title 9, Subtitle 2 of the Tax – General Article;
              (4)    Title 9, Subtitle 3 of the Tax – General Article;
              (5)    Title 10, Subtitle 4 of the Business Regulation Article;
              (6)    § 10–323 of the Business Regulation Article; or
              (7)    § 10–323.2 of the Business Regulation Article.
        (b)    A police officer who charges a person under this section shall issue a traffic
 citation, and provide a copy, to the person charged.
       (c)    A traffic citation issued to a person under this section shall contain:
              (1)    A notice in boldface type that, if the citation is a payable violation:
                      (i)    The person must comply with one of the following within 30 days
 after receipt of the citation:
                            1.     Pay the full amount of the preset fine;
                            2.   Enter into a payment plan under § 7–504.1 of the Courts
 Article, if the defendant has at least $150 in total outstanding fines and is otherwise
 qualified to enter into a payment plan;
                             3.     Request a hearing regarding sentencing and disposition in
 lieu of a trial as provided in § 26–204(b)(2) of this subtitle; or
                           4.     Request a trial date at the date, time, and place
 established by the District Court by writ or trial notice; and
                      (ii)   [1.] If the person fails to comply within 30 days after receipt of
 the citation, the [Administration will be notified and may take action to suspend the
 person’s driver’s license; and
                                         HOUSE BILL 1308                                          3
                      2.   Driving on a suspended license is a criminal offense for
 which the person could be incarcerated] DISTRICT COURT WILL REFER THE
 DELINQUENT UNPAID FINE TO THE CENTRAL COLLECTION UNIT FOR COLLECTION;
 or
              (2)    If the citation is for a must–appear violation, a notice that:
                     (i)   The citation is a summons to appear as notified by a circuit court
 or the District Court through a trial notice setting the date, time, and place for the person
 to appear; or
                     (ii)   A circuit court or the District Court will issue a writ setting the
 date, time, and place for the person to appear;
              (3)    The name and address of the person;
              (4)    The number of the person’s license to drive, if applicable;
              (5)    The State registration number of the vehicle, if applicable;
              (6)    The violation or violations charged;
              (7)   An acknowledgment of receipt of the citation, to be executed by the
 person as required under § 1–605 of the Courts Article;
              (8)    Near the acknowledgment, a clear and conspicuous statement that:
                    (i)     Acknowledgment of the citation by the person does not constitute
 an admission of guilt; and
                     (ii)   The failure to acknowledge receipt of the citation may subject the
 person to arrest; and
              (9)    Any other necessary information.
 26–204.
        (a)    (1)    A person shall comply with the notice to appear contained in a writ or
 a trial notice issued by either the District Court or a circuit court in an action on a traffic
 citation.
              (2)    Unless the person charged demands an earlier hearing, a time specified
 to appear shall be at least 5 days after the alleged violation.
       (b)    (1)    For purposes of this section, the person may comply with the notice to
 appear by:
      4                                   HOUSE BILL 1308
                       (i)    Appearance in person;
                       (ii)   Appearance by counsel;
                       (iii) Payment of the fine for a particular offense, if provided for in the
 citation for that offense; or
                      (iv)    Entering into a payment plan under § 7–504.1 of the Courts
 Article, if applicable.
               (2)   (i)   Subject to the provisions of subparagraph (iii) of this paragraph,
 a person who intends to comply with the notice to appear contained in a traffic citation by
 appearance in person or by counsel may return a copy of the citation to the District Court
 within the time allowed for payment of the fine indicating in the appropriate space on the
 citation that the person:
                              1.    Does not dispute the truth of the facts as alleged in the
 citation; and
                          2.    Requests, in lieu of a trial, a hearing before the Court
 regarding sentencing and disposition.
                     (ii)  A person who requests a hearing under the provisions of
 subparagraph (i) of this paragraph waives:
                              1.    Any right to a trial of the facts as alleged in the citation;
 and
                              2.    Any right to compel the appearance of the police officer
 who issued the citation.
                    (iii) A person may request a hearing under the provisions of
 subparagraph (i) of this paragraph only if the traffic citation is for an offense that is not
 punishable by incarceration.
        (c)    If a person fails to comply with a notice under § 26–201(c)(1) of this subtitle, a
 notice for a hearing date issued in accordance with a request made under § 26–201(c)(1)(i)3
 of this subtitle, a writ or trial notice issued in accordance with a request made under §
 26–201(c)(1)(i)4 of this subtitle, or a notice to appear under § 26–201(c)(2) of this subtitle,
 the District Court or a circuit court may:
              (1)    Except as provided in subsection [(f)](E) of this section, issue a warrant
 for the person’s arrest; or
                 (2)   [After 5 days, notify the Administration of the person’s noncompliance.
                                           HOUSE BILL 1308                                          5
        (d)   On receipt of a notice of noncompliance from the District Court or a circuit
 court, the Administration shall notify] NOTIFY the person that the [person’s driving
 privileges shall be suspended] DELINQUENT UNPAID FINE WILL BE REFERRED TO THE
 CENTRAL COLLECTION UNIT FOR COLLECTION unless, by the end of the 15th day after
 the date on which the notice is mailed, the person:
                [(1)] (I)     Pays the fine on the original charge as provided for in the original
 citations;
               [(2)] (II)     Enters into a payment plan under § 7–504.1 of the Courts Article,
 if applicable; or
                [(3)] (III) Requests a new date for a trial or a hearing on sentencing and
 disposition.
        [(e)] (D)  (1)   If a person fails to pay the fine, enter into a payment plan, or
 request a new date for a trial or hearing under subsection [(d)] (C) of this section, the
 [Administration may suspend the driving privileges of the person] DISTRICT COURT OR
 A CIRCUIT COURT SHALL REFER THE DELINQUENT UNPAID FINE TO THE                            CENTRAL
 COLLECTION UNIT FOR COLLECTION.
                (2)  [On notice from the District Court or a circuit court that] IF a person
 [has paid] WHO IS NONCOMPLIANT UNDER PARAGRAPH (1) OF THIS SUBSECTION
 PAYS the fine, [entered] ENTERS into a payment plan, or [requested] REQUESTS a new
 date for a trial or hearing, the [Administration shall withdraw the suspension of the
 driver’s license or driving privileges of the person] DISTRICT COURT OR A CIRCUIT
 COURT SHALL RECALL THE DELINQUENT UNPAID FINE FROM THE CENTRAL
 COLLECTION UNIT.
               (3)    [On notice from the District Court or a circuit court that] IF a person
 who requested a new date for a trial or a hearing under paragraph (2) of this subsection
 [failed] FAILS to attend the new trial or hearing, the [Administration shall suspend the
 driver’s license or driving privileges of the person until the person:
                      (i)     Appears before the court at a trial or hearing;
                      (ii)    Pays the fine, if provided for in the original charge; or
                      (iii)   Enters into a payment plan under § 5–504.1 of the Courts Article,
 if applicable] DISTRICT COURT OR A CIRCUIT COURT SHALL RE–REFER THE
 DELINQUENT UNPAID FINE TO THE CENTRAL COLLECTION UNIT FOR COLLECTION.
        [(f)] (E)    When the offense is not punishable by incarceration, [if the court
 notifies the Administration of the person’s noncompliance under subsection (c) of this
 section,] a warrant may not be issued for the person under this section until 20 days after:
                               HOUSE BILL 1308
              (1)    The expiration of the time period required to comply with §
 26–201(c)(1)(i) of this subtitle, if the person has not requested a hearing regarding
 sentencing and disposition or a trial date; or
             (2)    The original trial date if a trial has been scheduled in response to a
 request under § 26–201(c)(1)(i)4 of this subtitle.
       [(g)  With the cooperation of the District Court and circuit courts, the
 Administration shall develop procedures to carry out this section.]
       SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
 October 1, 2021.
Statutes affected: 
Text - First - Vehicle Laws - Delinquent Traffic Citations - Enforcement: 26-201 Transportation, 26-204 Transportation, 26-201 Transportation, 26-201 Transportation