House Bill 133 was signed by Gov. Matt Meyer this week, and is scheduled to take effect March 8, 2027.
The legislation gives Delaware courts greater discretion to waive criminal fines and fees, either partially or entirely, when a defendant is unable to pay. It also creates a presumption against imposing certain fines and fees when a defendant demonstrates qualifying financial hardship, including receiving public assistance such as Medicaid, SNAP or veterans benefits, or being represented by the Office of Defense Services.
The legislation also establishes a hearing process allowing people who have already been sentenced to pay a fine or fee to seek relief.
The financial impact on the state is currently unknown. According to the fiscal note, Delaware’s Judiciary collected approximately $4.53 million in criminal fines and $10.91 million in criminal fees, costs and assessments during Fiscal Year 2024. State analysts estimated that about 40 percent of those collections, approximately $6.17 million, could potentially fall within the category eligible for hardship waivers. That does not mean the state will lose $6.17 million annually. The fiscal note states that the number of defendants who will qualify and the number who will actually receive waivers cannot currently be determined.
The measure passed the Delaware House on March 24 by a vote of 24-13, with one member not voting and three absent. It later passed the Senate on June 30 by a vote of 16-5.
The House members voting against the measure were Collins, Hensley, Hilovsky, D. Short, Dukes, Gray, Michael Smith, Morris, Postles, Shupe, Spiegelman, Vanderwende and Yearick. Senators Buckson, Hocker, Lawson, Pettyjohn and Wilson voted against it.
The bill was sponsored by Rep. Madinah Wilson-Anton Snyder-Hall, with additional sponsors and co-sponsors from both chambers.
