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 1759
 
                           A-Engrossed
 
                         House Bill 2428
                  Ordered by the House April 17
            Including House Amendments dated April 17
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Lane
  Shetterly for Oregon District Attorneys Association)
 
 
                             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.
 
    { - Authorizes county, organization, association or person to
offer reward for apprehension of youth offender. - }  Authorizes
court to order youth offender to pay restitution for reward
 { - certified or paid - }  { +  offered by victim or
organization authorized by victim and paid for information
leading to apprehension of youth offender + }.
 
                        A BILL FOR AN ACT
Relating to rewards for apprehension of youth offenders; amending
  ORS 419C.450.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419C.450 is amended to read:
  419C.450. (1)(a) It is the policy of the State of Oregon to
encourage and promote the payment of restitution and other
obligations by youth offenders as well as by adult offenders. In
any case within the jurisdiction of the juvenile court pursuant
to ORS 419C.005 in which the youth offender caused another person
any physical, emotional or psychological injury or any loss of or
damage to property, the court shall consider restitution to the
victim to be of high priority. There shall be a rebuttable
presumption that the obligation to make such restitution is in
the best interest of the youth offender as well as of the victim
and society. For acts committed on or after December 5, 1996, the
court shall order the prompt payment of restitution whenever
possible.
  (b) The court may order restitution, including but not limited
to counseling and treatment expenses, for emotional or
psychological injury under this section only:
  (A) When the act that brought the youth offender within the
jurisdiction of the court would constitute aggravated murder,
murder or a sex crime if committed by an adult; and
  (B) For an injury suffered by the victim or a member of the
victim's family who observed the act.
  (2) Restitution for injury inflicted upon a person by the youth
offender { + , + }   { - and - }  for property taken, damaged or
destroyed by the youth offender  { + and for a reward offered by
the victim or an organization authorized by the victim and paid
for information leading to the apprehension of the youth
offender, + } may be required as a condition of probation.
Restitution does not limit or impair the right of a victim to sue
in a civil action for damages suffered, nor shall the fact of
consultation by the victim be admissible in such civil action to
prove consent or agreement by the victim. However, the court
shall credit any restitution paid by the youth offender to a
victim against any judgment in favor of the victim in such civil
action. Before setting the amount of such restitution, the court
shall notify the person upon whom the injury was inflicted or the
owner of the property taken, damaged or destroyed and give such
person an opportunity to be heard on the issue of restitution.
  (3) If the youth offender has been placed in custody of the
Oregon Youth Authority on probation or for placement at a youth
correction facility, the court may order that the youth offender
pay restitution, as provided in this section, and any assessment
under ORS 137.290. In determining whether or not to order
restitution or payment of an assessment under ORS 137.290 and, if
so, the conditions of payment, the court shall take into
consideration the availability to the youth offender of paid
employment during such time as the youth offender may be
committed to a youth correction facility.
  (4) In determining whether or not to order restitution or an
assessment under ORS 137.290, the court shall take into account:
  (a) The financial resources of the youth offender and the
burden that payment of restitution will impose, with due regard
to the other obligations of the youth offender;
  (b) The present and future ability of the youth offender to pay
restitution on an installment basis or on other conditions to be
fixed by the court; and
  (c) The rehabilitative effect on the youth offender of the
payment of restitution and the method of payment.
  (5) Notwithstanding ORS 419C.501 and 419C.504, when the court
has ordered a youth offender to pay restitution, as provided in
this section, the judgment may be docketed and, if so, shall have
the same effect as a judgment in a civil action, as provided in
ORS 18.320, 18.350, 18.360 and 18.400. The judgment is in favor
of the state and may be enforced only by the state.
Notwithstanding ORS 419A.255, a judgment for restitution docketed
under this subsection is a public record. The requirements of ORS
137.071 (9) apply to a judgment under this subsection.
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