Chapter 705 Oregon Laws 2001

AN ACT

HB 3357

Relating to child support; creating new provisions; and amending ORS 25.715, 135.280, 137.300, 137.303, 137.304 and 137.305.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 25.715 is amended to read:

25.715. (1) The court may order that the portion of a security deposit made under ORS 135.265 that would otherwise be returned to the person who made the deposit or the amount of child support arrearages, whichever is less, be paid to an obligee or the Division of Child Support of the Department of Justice if:

[(1)] (a) The defendant is an obligor who owes child support arrearages;

[(2)] (b) The obligee[, the district attorney or the division] or the administrator has filed a motion requesting the court to make such an order;

[(3)] (c) The obligee[, the district attorney or the division] or the administrator has served the defendant with a copy of the motion;

[(4)] (d) The defendant has an opportunity to respond and request a hearing; and

[(5)] (e) The court has determined that such an order is appropriate.

(2) The court may order that a portion of a security amount forfeited under ORS 135.280 be paid to the division and be applied to any unsatisfied child support judgment and to provide security for child support payments in accordance with ORS 25.230 if:

(a) The defendant is an obligor who owes child support;

(b) The administrator has filed a motion requesting the court to make such an order;

(c) The motion specifies the amount to be applied to the child support judgment under ORS 135.280; and

(d) The court has determined that such an order is appropriate.

SECTION 2. ORS 135.280 is amended to read:

135.280. (1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release.

(2) A warrant issued under subsection (1) of this section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants.

(3) If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties[,] the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter a money judgment as provided by ORS 137.180 for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties[,] for [the amount of security and costs] the entire security amount set under ORS 135.265 and the costs of the proceedings. At any time before or after entry of the judgment [for the amount of security declared forfeited], the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security amount that the court ordered to be applied to child support under subsection (4) of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 is available for a reasonable period of time for disposition under subsection (4) of this section.

(4) After entry of a money judgment for the state, the court, upon a motion filed under ORS 25.715, may order that a portion of the security amount be applied to any unsatisfied child support judgment owed by the defendant and to provide security for child support payments in accordance with ORS 25.230. The portion of the security amount that may be applied to the child support judgment:

(a) Is limited to the amount deposited under ORS 135.265;

(b) May not exceed the percentage of the amount designated for distribution to the General Fund under ORS 137.303 (2)(d) had the deposit been transferred to the Criminal Fine and Assessment Account as provided in subsection (5) of this section; and

(c) Does not reduce the money judgment entered under subsection (3) of this section that is owed to the state.

[(4)] (5) When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be docketed in the criminal action as a money judgment in the circuit court judgment docket. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265, or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine and Assessment Account created under ORS 137.300, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to base fine amounts deposited upon appearance under ORS 153.061.

[(5)] (6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection (4) of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section.

[(6)] (7) The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions.

SECTION 3. The amendments to ORS 135.280 by section 2 of this 2001 Act apply only to money judgments entered on or after the effective date of this 2001 Act.

SECTION 4. ORS 137.300 is amended to read:

137.300. The Criminal Fine and Assessment Account is established in the General Fund of the State Treasury. All moneys in the account are appropriated continuously to be distributed by the Department of Revenue as provided in ORS 137.303. The Department of Revenue shall keep a record of moneys transferred into and out of the account. The Department of Justice shall report monthly to the Department of Revenue the amount of moneys ordered to be applied to child support under ORS 135.280. The Department of Revenue shall report monthly to the Attorney General the amount of moneys received from the state courts in each county and from each city court.

SECTION 5. ORS 137.303 is amended to read:

137.303. (1) The Department of Revenue is responsible for ensuring that moneys in the Criminal Fine and Assessment Account are properly distributed and shall distribute the moneys monthly according to the [following] formula[:] set forth in subsection (2) of this section. The percentages calculated in the formula shall be based on the total amount of moneys in the account and any moneys reported by the Department of Justice to the Department of Revenue under ORS 137.300.

(2)(a) 15.0949 percent of moneys in the account shall be transferred to the Police Standards and Training Account established under ORS 181.690.

(b) 8.4537 percent of moneys in the account shall be transferred to the Criminal Injuries Compensation Account established under ORS 147.225.

(c) 4.0834 percent of moneys in the account shall be transferred to the Intoxicated Driver Program Fund established under ORS 813.270.

(d) 46.9869 percent of moneys in the account, reduced by the amount reported by the Department of Justice to the Department of Revenue under ORS 137.300, shall be transferred to the General Fund to be used for general governmental expenses.

(e) 2.2640 percent of the moneys in the account shall be reserved to be distributed as provided in ORS 137.305.

(f) 2.6652 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department.

(g) 0.7597 percent of moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of enhanced enforcement of traffic laws against drivers of commercial motor vehicles.

(h) 8.4537 percent of the moneys in the account shall be transferred to the Child Abuse Multidisciplinary Intervention Account established in ORS 418.746.

(i) 0.8515 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660.

(j) 3.3388 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of performing forensic laboratory analyses and maintaining the forensic services implied consent unit.

(k) 1.1599 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660 and is continuously appropriated for the purposes of ORS 108.620 (1)(a) to (c).

(L) 0.4352 percent of the moneys in the account shall be transferred to the Safety Education Fund created by ORS 802.155.

(m) 1.9896 percent of the moneys in the account shall be transferred to the subaccount established pursuant to section 36 (1), chapter 1084, Oregon Laws 1999, or a successor subaccount, account or fund.

(n) 2.0781 percent of moneys in the account shall be transferred to the Emergency Medical Services Enhancement Account established under ORS 442.625.

(o) 0.6927 percent of the moneys in the account shall be transferred to the Sexual Assault Victims Fund established under ORS 409.285.

(p) 0.6927 percent of the moneys in the account shall be transferred to the Public Safety Memorial Fund established by ORS 243.950.

[(2)] (3) The Department of Revenue shall report to the State Office for Services to Children and Families monthly on the amount of moneys transferred to the Child Abuse Multidisciplinary Intervention Account under subsection [(1)(h)] (2)(h) of this section. In making the report, the Department of Revenue shall specify the amount of moneys received from the state courts in each county and from each city court.

SECTION 6. ORS 137.304 is amended to read:

137.304. (1) Notwithstanding the percentages established for distributions from the Criminal Fine and Assessment Account under ORS 137.303, the maximum distribution in any biennium may not exceed the following amounts:

(a) $14,158,775 to the Police Standards and Training Account under the provisions of ORS 137.303 [(1)(a)] (2)(a).

(b) $7,929,422 to the Criminal Injuries Compensation Account under the provisions of ORS 137.303 [(1)(b)] (2)(b).

(d) $2,499,891 to the Department of State Police under the provisions of ORS 137.303 [(1)(f)] (2)(f).

(e) $712,624 to the Department of State Police under the provisions of ORS 137.303 [(1)(g)] (2)(g).

(f) $7,929,422 to the Child Abuse Multidisciplinary Intervention Account under the provisions of ORS 137.303 [(1)(h)] (2)(h).

(g) $2,572,635 to the Domestic Violence Fund under the provisions of ORS 137.303 [(1)(i)] (2)(i) and (k).

(h) $3,131,745 to the Department of State Police under the provisions of ORS 137.303 [(1)(j)] (2)(j).

(i) $408,198 to the Safety Education Fund under the provisions of ORS 137.303 [(1)(L)] (2)(L).

(j) $1,866,226 to the Children's Trust Endowment Fund under the provisions of ORS 137.303 [(1)(m)] (2)(m).

(k) $1,876,822 to the Emergency Medical Services Enhancement Account established under ORS 442.625.

(L) $625,607 to the Sexual Assault Victims Fund established under ORS 409.285.

(m) $625,607 to the Public Safety Memorial Fund established by ORS 243.950.

(2) Any moneys not distributed under ORS 137.303 by reason of the limits imposed by this section shall be transferred to the General Fund to be used for general governmental expenses.

SECTION 7. ORS 137.305 is amended to read:

137.305. Moneys reserved under ORS 137.303 [(1)(e)] (2)(e) shall be distributed monthly as follows:

(1) If the monthly distribution to the Police Standards and Training Account pursuant to ORS 137.303 [(1)(a)] (2)(a), ORS 137.015 (1985 Replacement Part) and ORS 813.240 (1)(b) (1985 Replacement Part), is not at least $536,000, then the Department of Revenue shall distribute from the reserved moneys such amount as will make up the shortage for the month.

(2) If the monthly distribution to the Criminal Injuries Compensation Account pursuant to ORS 137.303 [(1)(b)] (2)(b) after deduction of the amount described in ORS 147.391 is not at least $179,000, then the Department of Revenue shall distribute from the reserved moneys such amount as will make up the shortage for the month.

(3) If the amount reserved under ORS 137.303 [(1)(e)] (2)(e) is not adequate to make up the shortages described in subsections (1) and (2) of this section, the Department of Revenue shall distribute the reserved moneys to make up for as much of the shortages as possible. The department shall distribute those moneys between the recipients named in subsections (1) and (2) of this section so that, as nearly as possible, each such recipient suffers, for that month, the same shortage on a percentage basis.

(4) If any moneys reserved under ORS 137.303 [(1)(e)] (2)(e) remain undistributed after the procedure described in subsections (1) to (3) of this section, those moneys shall cease to be reserved and shall remain in the Criminal Fine and Assessment Account for distribution in the following month.

Approved by the Governor July 2, 2001

Filed in the office of Secretary of State July 2, 2001

Effective date January 1, 2002

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