| The bill changes reference to all monetary sanctions |
authorized by law, including fines, forfeitures, penalties or |
surcharges imposed by the court for a civil violation, to "fine" |
unless the sanction is payable to an entity other than the State, |
in which case the sanction continues to be identified as a civil |
penalty. A general provision that indicates this change is added |
to Title 14. Current law distinguishes between monetary |
sanctions for civil violations based on the amount of the |
penalty. If the sanction is less than $1,000, it is called a |
civil forfeiture. If the sanction is more than $1,000, it is |
called a civil penalty. Because "forfeiture" frequently carries |
a different meaning under the statutes and because a distinction |
based upon the monetary amount of a sanction appears to be |
unknown to many and often used inconsistently even by those aware |
of the distinction, the bill instead uses "fine" to refer to all |
monetary sanctions for civil violations, just as the term is used |
for crimes. Again, the only exception to this in the bill is |
when the monetary sanction is to be paid to someone other than |
the State, in which case "civil penalty" continues to be used to |
distinguish to whom the sanction is paid. |