Legislation to Reform Court Fines and Fees for Low Income Defendants Passes Delaware House
March 25, 2026/
The Delaware House has passed a bill that would give judges more flexibility to waive fines and fees for defendants who cannot afford to pay. House Bill 133, Sponsored by State Representative Claire Snyder-Hall and Senator Darius Brown, creates a presumption that such costs won’t be imposed in cases of financial hardship. Judges would retain the ability to impose fines or fees when appropriate but would need to document their reasoning in the sentencing order. Supporters say the measure aims to reduce the long-term burden of court debt on low-income individuals. The bill does not affect restitution to victims. HB 133 now heads to the State Senate for consideration.
Additional Information from Legislative Hall:
Sponsored by Rep. Claire Snyder-Hall and Sen. Darius Brown, House Bill 133 creates a presumption that fines and fees will not be imposed when a defendant demonstrates financial hardship. Qualifying conditions could include receiving public assistance, such as Medicaid or SNAP, or being incarcerated. Judges would retain the ability to impose fines or fees when appropriate but would be need to document their reasoning in the sentencing order.
“Right now, even small offenses can leave someone with hundreds of dollars in court debt. For some people, that might not seem like much, but for others, it can be overwhelming. It can turn a one-time mistake into a life sentence of debt and poverty,” said Rep. Claire Snyder-Hall
“This bill is very important because it addresses the unjust impacts that the current structure of the criminal justice system has on low-income people by making sure that these fees – the vast majority of which already go unpaid by defendants who are struggling financially – do not have an outsized impact on someone’s future.”
House Bill 133 is based on recommendations from the Criminal Legal System-Imposed Debt Study Group, co-chaired by Rep. Sean Lynn and Sen. Darius Brown, with input from the courts, Attorney General, the Department of Safety and Homeland Security, advocates, and other stakeholders. The group examined Delaware’s reliance on court-imposed fees as a source of revenue for government services and found the system to be both unreliable and inequitable.
According to the study group, 33% of cases involving restitution had not received a single payment. Because restitution is prioritized over fines and fees, it is likely that an even greater percentage of fines and fees go uncollected.
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 14th Amendment prohibits “punishing a person for his poverty.”
Under HB 133, sentencing judges and defense counsel would inform defendants about the possibility of a hardship waiver, which they could then apply for. If they qualify, they would present the hardship waiver before or after sentencing.
Right now, revenue from fines and fees is directed either to the state’s General Fund or to support specific items, such as emergency services and court security. If HB 133 passes, reduced revenue would instead be supported through the General Fund.
Importantly, the bill does not impact restitution, which must still be paid to victims. It also preserves the Victims Compensation Assistance Program fee to make sure funding is still available to support crime victims.
Additionally, many violations that are currently punished only through fines and fees and cannot statutorily be punished any other way will be untouched, as the legislation excludes fees on red light camera and toll violations, as well as any fees eligible to be collected via the Voluntary Assessment Center, which collects approximately 60% of all fee revenue.
“This proposal reflects our shared commitment to a fairer justice system – one that allows individuals to move forward without being weighed down by debt – especially our economically disadvantaged neighbors,” said Sen. Darius Brown, Senate prime sponsor of House Bill 133.
“By protecting individuals on public assistance from unnecessary court fines and fees, we continue our work to right the wrongs of a justice system that has historically placed unjust burdens on low-income and underserved residents.”
If passed by the full General Assembly and signed into law, this bill would take effect 180 days after its enactment.