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SB 761

Motor Vehicles - Installment Payment Plans - Automated Enforcement

2025 Regular Session Introduced by Cory McCray

SB 761 lets automated enforcement fines be paid over time via court installment plans for those unable to pay upfront, effective Oct 1, 2025.

Hearing 3/05 at 1:00 p.m.
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WeVote Research Nonpartisan
Bill Summary · SB 761

SB 761 — Motor Vehicles: Installment Payment Plans for Automated‑Enforcement Penalties

Status: Hearing scheduled 3/05 at 1:00 p.m. | Introduced: Feb 21, 2025 (per header)
Primary subject: Automated traffic enforcement; court installment payment plans

Purpose / Intent

Authorize civil penalties issued under automated traffic enforcement programs (e.g., red‑light/speed camera, parking‑related automated citations) to be paid through the courts’ existing installment payment plan process so that defendants who cannot pay upfront can spread payments over time.

Key provisions

  • Amends Article — Courts & Judicial Proceedings, §7‑504.1 (repeals and reenacts with amendments).
  • Expands the kinds of charges eligible for a court‑approved installment plan to include:
    • One or more civil citations issued under an automated traffic enforcement program, in addition to traditional traffic fines and payable parking citations.
  • Eligibility for a plan:
    • Defendant must be sentenced to pay one or more fines or civil penalties totalling at least $150 and must certify inability to pay.
    • By entering a plan for a citation, the defendant consents to conviction or civil liability (as appropriate) at the time of agreement.
  • Installment plan terms:
    • Agreement must require installment payments on the total outstanding amount and must specify which offenses/citations are covered.
    • Defendant must notify the clerk of any change of address during the plan term.
  • Remedies on default:
    • If the defendant fails to comply, the clerk may refer the unpaid balance to the State’s Central Collection Unit (CCU) or otherwise process the debt as it does other outstanding fines/penalties.
    • The clerk must notify the defendant of the disposition in the same manner as other outstanding fines.
  • Administrative transparency:
    • The clerk’s office must post the installment plan requirements in its office and on the court website.
  • Effective date specified in bill text: October 1, 2025.

Who is affected

  • Individuals receiving automated‑enforcement civil citations who cannot pay immediately — they become eligible to apply for installment plans.
  • Clerks of the District Court and circuit courts — additional workload to process and manage installment agreements for automated civil penalties.
  • Judiciary (District Court) operations and potentially the Central Collection Unit (CCU) — administrative and collection impacts.
  • Local jurisdictions and State agencies operating automated enforcement systems — potential changes in timing/route of revenue receipt when citations are contested and collected through courts.

Fiscal and operational impacts (summary from fiscal note)

  • State (Judiciary): Potential increase in General Fund expenditures for additional clerk staff and administrative costs if the volume of installment plans rises. The Judiciary currently processes installment plans manually and reports historically high default rates (~84%) for traffic fines; the same high default rate is expected for automated‑enforcement plans.
  • Revenue: Any increase in fines actually collected as a result of allowing installment plans is expected to be minimal; in many cases the change may only delay collection rather than increase net receipts. CCU operations and fee receipts may be affected (CCU may assess administrative collection fees up to 20%; current fee is 17%).
  • Local governments: Not anticipated to have a material fiscal impact. Use/receipt rules for automated enforcement revenues remain governed by existing law (prepayment vs. court‑collected remittals).

Procedure / Next steps

  • Bill is scheduled for a hearing on 3/05 at 1:00 p.m.
  • If enacted, the bill takes effect October 1, 2025, and courts and related agencies would need to update procedures and, potentially, staffing to implement expanded installment plans.

If you want, I can:
- Draft a one‑page explainer for court clerks on implementing the new installment plan steps; or
- Extract and summarize the full fiscal‑note estimates (staffing levels and dollar amounts) from the Judiciary if you provide the complete fiscal note text.

Compiled from official sources — confirm details with the bill’s official record.

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