Delaware · House Bill 133 · 153rd General Assembly

Courts/Waive Fines and Fees/Discretion

  1. Introduced May 1, 2025
  2. In committee May 1, 2025
  3. Passed the House Mar 24, 2026
  4. Passed the Senate Jun 30, 2026
  5. To the governor  
  6. Became law Sep 9, 2026

What it does

The legislature's own summary of the bill, or its official long title.

Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983).…

Read the full title (193 words)

Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983). This Act gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances. It also creates a presumption that fines and fees will not be imposed when a defendant shows evidence of certain conditions, including receiving a public assistance benefit (like Medicaid, SNAP, or veterans’ benefits) or being represented by the Office of Defense Services. It also creates a hearing process for anyone already sentenced to pay a fine or fee. The changes in this Act are based on recommendations of the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023, report. This Act takes effect 180 days after its enactment.

Every action

16 steps, oldest first, as the legislature records them.

Show the 8 earlier steps
  1. CommitteeIntroduced and Assigned to Judiciary Committee in House · House Judiciary
  2. HouseAmendment HA 1 to HB 133 - Introduced and Placed With Bill
  3. HouseNot Worked in Committee
  4. CommitteeReported Out of Committee (Judiciary) in House with 3 Favorable, 4 On Its Merits · House Judiciary
  5. HouseAmendment HA 2 to HB 133 - Introduced and Placed With Bill
  6. HouseAmendment HA 3 to HB 133 - Introduced and Placed With Bill
  7. HouseAmendment HA 4 to HB 133 - Introduced and Placed With Bill
  8. HouseAmendment HA 1 to HB 133 - Stricken in House
  1. HouseAmendment HA 2 to HB 133 - Stricken in House
  2. HouseAmendment HA 3 to HB 133 - Stricken in House
  3. HouseAmendment HA 4 to HB 133 - Passed In House by Voice Vote
  4. HousePassed By House. Votes: 24 YES 13 NO 1 NOT VOTING 3 ABSENT24–13 vote
  5. CommitteeAssigned to Judiciary Committee in Senate · Senate Judiciary
  6. CommitteeReported Out of Committee (Judiciary) in Senate with 4 On Its Merits · Senate Judiciary
  7. SenatePassed By Senate. Votes: 16 YES 5 NO16–5 vote
  8. GovernorSigned by Governor

Roll calls

2 recorded votes: 2 on the floor, 0 in committee. Each shows how every member voted.

Sponsors

The member who introduced it, joined by 23 cosponsors: 23 Democrats.

All 23 cosponsors

From Delaware's official records (legis.delaware.gov), checked Nov 1, 2026. Text links go to the official versions; LegiList does not copy bill text.