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
House Bill 2428
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 as
introduced.
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.
A BILL FOR AN ACT
Relating to rewards for apprehension of youth offenders; amending
ORS 131.885, 131.890, 131.892 and 419C.450.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 131.885 is amended to read:
131.885. { - If any person charged with or convicted of any
felony within this state breaks prison, escapes, absconds or
flees or hides from justice, - } The county court or
{ - county - } governing body of the county in which
{ - the - } { + a crime, or an act that would be a crime if
committed by an adult, + } { - crime - } was committed, if the
court or governing body deems it necessary, may offer a reward
for information leading to the apprehension { + by the
appropriate law enforcement agency + } of { - such person by
the appropriate police authority - } { + :
(1) A person charged with or convicted of any felony within
this state who breaks prison, escapes, absconds, flees or hides
from justice; or
(2) A youth offender, as defined in ORS 419A.004, who escapes,
absconds, flees or hides from the court's jurisdiction + }.
SECTION 2. ORS 131.890 is amended to read:
131.890. (1) Any person providing information leading to the
apprehension of a person { + or youth offender + } for whom a
reward has been offered under ORS 131.885 is entitled to and
shall be paid the reward offered under ORS 131.885 or a
proportionate share thereof if more than one claimant is
entitled.
(2) No public money may be used to pay a reward to a bounty
hunter under this section. As used in this subsection, 'bounty
hunter' means a private person who is in the business of
apprehending persons { + or youth offenders + } who have
forfeited security or broken the terms of a security release,
fled from justice or escaped from confinement.
SECTION 3. ORS 131.892 is amended to read:
131.892. An organization, association or person may offer a
reward for information leading to { - the apprehension and
conviction of any person who has committed a criminal offense - }
{ + :
(1) The apprehension and conviction of any person who has
committed a criminal offense; or
(2) The apprehension and taking of jurisdiction over a youth
offender, as defined in ORS 419A.004 + }.
SECTION 4. 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, { + or in which a
reward has been certified or paid under ORS 131.885 to
131.895, + } the court shall consider restitution to the
victim { + , or to the offeror of the reward, + }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 { + , the offeror of
the reward + } 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 certified
or paid under ORS 131.885 to 131.895 + } 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 { + or the offeror of any
reward certified or paid under ORS 131.885 to 131.895 + } and
give { - such - } { + the + } person { + , owner or offeror
of the reward + } 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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