Delaware Court Fines and Fees Waiver for Veterans Receiving VA Benefits

House Bill 133 with House Amendment 4, signed September 9, 2026 and printed in the Code as 85 Delaware Laws chapter 495, creates a hardship waiver for court fines and fees. It takes effect 180 days after enactment, which the Code and the General Assembly's bill record both give as March 8, 2027. It is not in force yet. What it does. New Title 11, section 4107 requires courts to run a process by which a defendant can show, at sentencing or afterwards, that they cannot pay a fine, a fee or both. If the defendant shows that they receive a listed public assistance benefit, the court "shall find the defendant presumptively qualifies for a hardship waiver and may not order fines or fees unless the court in its discretion finds that a fine, fee, or both, in whole or in part, are in the interest of justice". The listed benefits include Medicaid, SNAP, WIC and, by name, "Veterans Affairs pension or service-connected disability compensation". Why this matters to veterans. The list does not set a percentage or an income test for VA benefits. A veteran receiving compensation at any rating, even 10 percent, meets the presumption on the words, in the same way as someone receiving means-tested benefits. The sentencing court must tell the defendant about the waiver on the record and in writing, and defence counsel must explain the evidence needed. People already sentenced can ask for a hearing. What it does not cover. "Fee" includes costs, penalties and assessments in a criminal case or motor vehicle offence, but not restitution. The waiver does not apply to offences eligible for voluntary assessment under Title 21, section 709, which covers most ordinary traffic tickets paid without a court appearance, to civil toll evasion penalties or to electronic monitoring violations. Bring the VA award letter to sentencing once the section is in force.