71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 515
A-Engrossed
House Bill 2356
Ordered by the House May 31
Including House Amendments dated May 31
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Representative Kathy Lowe)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates State Commission on Court Facilities. { + Directs
commission to study and make recommendations related to future
needs for state court facilities, minimum standards for suitable
and sufficient courtrooms, offices and jury rooms, and uses for
moneys in State Commission on Court Facilities Account. + }
{ - Requires that commission develop state plan for circuit
court facilities and maintenance of circuit court facilities.
Directs that state plan include recommended distribution formula
for certain moneys distributed to counties for maintaining,
improving, replacing or expanding court facilities. - }
{ - Creates circuit court facilities committee in each
county. Directs that each committee prepare plan for provision
and maintenance of court facilities. Provides that certain moneys
distributed to counties be expended pursuant to plan developed by
committee. - }
{ - Eliminates advisory committees on state court security.
Requires that each circuit court facilities committee prepare
plan for court security. - }
{ - Requires that each county establish Circuit Court
Facilities Account within general fund of county. Provides that
certain moneys be deposited in account. - }
{ + Establishes State Commission on Court Facilities
Account. + } Increases county assessment imposed upon conviction
of offense. Directs that { - proceeds of increases - }
{ + percentage of moneys from assessments + } be deposited
in { + account. + } { - Circuit Court Facilities Account and
expended pursuant to plan prepared by circuit court facilities
committee. - } { + Provides moneys in account are to be used to
assist counties with the provision of court facilities, including
assisting in paying costs of servicing bonds or other financing
instruments. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to court facilities; creating new provisions; amending
ORS 137.308 and 137.309; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State Commission on Court Facilities is
created. The commission consists of 11 members to be appointed as
follows:
(a) The President of the Senate shall appoint two members who
must be Senators at the time of appointment and who may not be
from the same political party. The Speaker of the House of
Representatives shall appoint two members who must be
Representatives at the time of appointment and who may not be
from the same political party. Any member appointed under this
paragraph shall cease to be a member of the commission upon
ceasing to be a member of the Legislative Assembly.
(b) The Chief Justice of the Supreme Court shall appoint three
members. The members appointed by the Chief Justice must be
judges, employees in the judicial branch or members of the Oregon
State Bar.
(c) The Governor shall appoint four members. Three of the
members appointed by the Governor must be county commissioners,
county judges or county employees. One member must be a person
who is not a judge, an employee in the judicial branch or an
officer or employee of a local government. The Governor shall
consider recommendations from the Association of Oregon Counties
in appointing members who are county commissioners, county judges
or county employees.
(2) The term of office of each member of the commission is four
years. Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term begins
on February 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become
immediately effective for the unexpired term.
(3) The commission shall elect one of its members to serve as
chairperson and one member to serve as vice chairperson, to
perform such functions as the commission may prescribe.
(4) Legislative members of the commission are entitled to
payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative
Assembly.
(5) The Oregon Department of Administrative Services shall
provide staff support and administrative services as needed by
the commission.
(6) The commission may accept contributions of funds and
assistance from the United States or its agencies or from any
other source, public or private, and agree to conditions thereon
not inconsistent with the purposes of the commission. All such
funds are to aid in financing the functions of the commission and
shall be deposited in the General Fund of the State Treasury to
the credit of separate accounts for the commission and shall be
disbursed for the purpose for which contributed in the same
manner as funds appropriated for the commission. + }
SECTION 2. { + (1) The State Commission on Court Facilities
created under section 1 of this 2001 Act shall study and make
recommendations relating to:
(a) Whether additional state court facilities will be required
to meet the needs of the judicial system in the coming years, and
what modifications or new construction may be required to meet
those needs;
(b) Changes in court facility utilization that should be
considered to alleviate the need for additional court facilities;
(c) The costs of implementing needed changes in court
facilities;
(d) Options for ownership or leasing of state court facilities
by the Judicial Department, and the costs of such ownership or
leasing; and
(e) Whether the state should have responsibility for
maintaining court facilities, for improving, replacing and
expanding circuit court facilities, and for leasing or
constructing new state court facilities.
(2) The State Commission on Court Facilities shall study and
make recommendations on minimum standards for suitable and
sufficient courtrooms, offices and jury rooms. In developing
recommendations, the commission shall consider the financial
circumstances of the community in which the court facilities are
located, and the physical condition of other facilities in the
building in which the court facilities are located. The
commission shall identify the costs of complying with the
recommended minimum standards in each county, and shall identify
a funding source in addition to county funds for paying the costs
of complying with the recommended minimum standards. Each county
and each circuit court trial court administrator shall cooperate
with the commission in assessing the physical condition of court
facilities in the county and in identifying the costs of
complying with the recommended minimum standards.
(3) The commission shall make recommendations on the manner in
which moneys deposited in the State Commission on Court
Facilities Account established under section 4 of this 2001 Act
should be expended. + }
SECTION 3. { + The State Commission on Court Facilities shall
make a report to the Seventy-second Legislative Assembly in the
manner provided by ORS 192.245. The report shall contain all
findings and recommendations made by the commission under section
2 of this 2001 Act. + }
SECTION 4. { + (1) There is established in the General Fund
the State Commission on Court Facilities Account. The account
shall consist of the moneys deposited under ORS 137.308 (3).
(2) Moneys deposited in the State Commission on Court
Facilities Account may be used only for the purpose of assisting
counties:
(a) To pay costs incurred by a county in complying with the
requirements of ORS 1.185 (1), including but not limited to
maintaining, improving, replacing or expanding court facilities;
and
(b) To pay the costs of servicing bonds, certificates of
participation and other financing instruments issued to fund
costs incurred by a county in providing circuit court facilities,
without regard to whether those bonds, certificates of
participation or other financing instruments were issued before,
on or after the operative date of this section. + }
SECTION 5. { + After reviewing the report and recommendations
of the State Commission on Court Facilities made under section 3
of this 2001 Act, the Seventy-second Legislative Assembly shall
establish the manner in which amounts deposited in the State
Commission on Court Facilities Account shall be appropriated. + }
SECTION 6. ORS 137.308 is amended to read:
137.308. (1) The county treasurer shall deposit { - 60 - }
___ percent of the moneys received under ORS 137.309 (6) to (8)
into the general fund of the county to be used for the purpose of
planning, operating and maintaining county juvenile and adult
corrections programs and facilities and drug and alcohol programs
approved by the Governor's Council on Alcohol and Drug Abuse
Programs. Expenditure by the county of the funds described in
this subsection shall be made in a manner that is consistent with
the approved community corrections plan for that county; however,
a county may not expend more than 50 percent of the funds on the
construction or operation of a county jail. Prior to budgeting
the funds described in this subsection, a county shall consider
any comments received from, and upon request shall consult with,
the governing body of a city that forwards assessments under ORS
137.307 (1991 Edition) concerning the proposed uses of the funds.
(2) The county treasurer shall deposit { - 40 - } ___
percent of the moneys received under ORS 137.309 (6) to (8) into
the county's court facilities security account established under
ORS 1.182.
{ + (3) The county treasurer shall transfer ___ percent of
the moneys received under ORS 137.309 (6) to (8) to the State
Treasurer for deposit in the State Commission on Court Facilities
Account established under section 4 of this 2001 Act. + }
SECTION 7. ORS 137.309 is amended to read:
137.309. (1) Except as provided in subsection (4) of this
section, whenever a circuit or municipal court or a justice of a
justice court imposes a sentence of a fine, term of imprisonment,
probation or any combination thereof, including a sentence
imposed and thereafter suspended, as a penalty for an offense as
defined in ORS 161.505, excluding parking violations, an
assessment in addition to such sentence shall be collected.
(2) The assessment is not part of the penalty or in lieu of any
part thereof. The amount of the assessment shall be as follows:
(a) { - $5 - } { + $ + } ___ , when the fine or forfeiture
is $5 to $14.99.
(b) { - $12 - } { + $ + } ___ , when the fine or forfeiture
is $15 to $49.99.
(c) { - $14 - } { + $ + } ___ , when the fine or forfeiture
is $50 to $99.99.
(d) { - $20 - } { + $ + } ___ , when the fine or forfeiture
is $100 to $249.99.
(e) { - $24 - } { + $ + } ___ , when the fine or forfeiture
is $250 to $499.99.
(f) { - $59 - } { + $ + } ___ , when the fine or forfeiture
is $500 or more.
(3) Assessments imposed under subsections (1) to (5) of this
section shall be collected as provided in subsections (6) to (8)
of this section.
(4) The court is not required to impose the assessment, or a
part of the assessment, if it finds that the defendant is
indigent or that imposition of the assessment would constitute an
undue hardship.
(5) Payment to a court shall not be credited to the assessment
described in subsections (1) to (5) of this section until all
other fines, fees and assessments ordered by the court have been
paid.
(6) Except as provided in subsection (7) of this section,
within 60 days after receipt of such assessment by the clerk of a
circuit or municipal court or by a justice of a justice court,
the assessment shall be paid to the county treasurer of the
county in which the court is located.
(7) Prior to making payment to the county treasurer as provided
in subsections (6) and (8) of this section, the clerk of a
circuit, municipal or justice court:
(a) Shall withhold and deposit in the State Treasury to the
credit of the Law Enforcement Medical Liability Account the
following amounts:
(A) $1, when the assessment is { - $12 or $14 - } { + $ + }
___ .
(B) $2, when the assessment is { - $20 or $24 - } { + $ + }
___ .
(C) $5, when the assessment is { - $59 - } { + $ + } ___ .
(b) May withhold an amount equal to the reasonable costs
incurred by the clerk in collection and distribution of the
assessment.
(8) A city that lies in more than one county shall pay the
assessments it collects to each county in proportion to the
percent of the population of the city that resides in each
county.
SECTION 8. { + Notwithstanding section 1 of this 2001 Act, of
the members first appointed to the State Commission on Court
Facilities:
(1) The members appointed by the President of the Senate and
the Speaker of the House of Representatives shall serve terms
ending on January 31, 2003.
(2) The members appointed by the Chief Justice of the Supreme
Court shall serve terms ending on January 31, 2004.
(3) The members appointed by the Governor shall serve terms
ending on January 31, 2005. + }
SECTION 9. { + Section 4 of this 2001 Act and the amendments
to ORS 137.308 and 137.309 by sections 6 and 7 of this 2001 Act
become operative on January 1, 2002. + }
SECTION 10. { + (1) There is appropriated to the Oregon
Department of Administrative Services out of the General Fund,
for the biennium beginning July 1, 2001, the amount of $150,000.
Amounts appropriated under this section may be used only for the
purpose of paying the administrative costs of the State
Commission on Court Facilities.
(2) Notwithstanding section 4 of this 2001 Act, the first
$150,000 deposited in the State Commission on Court Facilities
Account shall be transferred to the General Fund and shall be
available for general governmental purposes. + }
SECTION 11. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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