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 132
A-Engrossed
House Bill 2590
Ordered by the House May 23
Including House Amendments dated May 23
Sponsored by Representatives LOWE, WILLIAMS
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.
Directs Juvenile Crime Prevention Advisory Committee to make
grants { - to partnerships of local public entities and private
nonprofit entities - } for after-school programs. { + Specifies
required components for after-school programs. + } Creates
After-School Programs Fund.
Modifies distribution of Criminal Fine and Assessment Account.
Increases unitary assessment.
Increases expenditure limitation of Juvenile Crime Prevention
Advisory Committee for specified purposes.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to after-school programs; creating new provisions;
amending ORS 137.290 and 137.303; appropriating money; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Juvenile Crime Prevention Advisory
Committee may award grants for after-school programs.
(2) To receive a grant, an applicant must demonstrate that:
(a) Local public and private entities have participated in the
preparation of the grant application and will participate in the
operation of the after-school program; and
(b) The grant will be used for an after-school program that:
(A) Is a local mentoring program that targets at-risk children
who are in grade one and commits to working with the children
through grade 12;
(B) Works with schools in selecting the at-risk children;
(C) Provides one-on-one contact between mentors and children on
a regular basis;
(D) Limits to eight the number of children assigned to each
mentor; and
(E) Is based on credible research that indicates that the
program is likely to have a positive effect on children.
(3) A grant may not exceed $___ for a one-year period. An
applicant may apply for and receive a grant each year.
(4) The committee may adopt any rules that are necessary to
administer the grant program. + }
SECTION 2. { + (1) There is created the After-School Programs
Fund, separate and distinct from the General Fund. Interest
earned on moneys in the After-School Programs Fund shall be
credited to the fund.
(2) Moneys credited to the After-School Programs Fund are
continuously appropriated to the Juvenile Crime Prevention
Advisory Committee for the purposes of grants for after-school
programs under section 1 of this 2001 Act.
(3) The committee may expend up to five percent of moneys
described in subsection (2) of this section for administrative
costs of the committee incurred under section 1 of this 2001
Act. + }
SECTION 3. ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section. The
unitary assessment shall also be imposed by the circuit court and
county court in juvenile cases under ORS 419C.005 (1). The
unitary assessment is a penal obligation in the nature of a fine
and shall be in an amount as follows:
(a) { - $105 - } { + $____ + } in the case of a felony.
(b) { - $65 - } { + $____ + } in the case of a misdemeanor.
(c) { - $95 - } { + $____ + } in the case of a conviction
for driving under the influence of intoxicants.
(d) { - $35 - } { + $____ + } in the case of a violation as
described in ORS 153.008.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $40 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for
violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
(B) ORS 811.115 by driving at least 65 miles per hour; and
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163.
(3) Subject to subsection (4) of this section, the court in any
case may waive payment of the unitary assessment, in whole or in
part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case.
In making its determination under this subsection, the court
shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
(4) If a defendant is convicted of an offense, the court may
waive all or part of the unitary assessment required under
subsections (1) and (2)(a) of this section only if the court
imposes no fine on the defendant.
SECTION 4. 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:
(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 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.
{ + (q) ___ percent of the moneys in the account shall be
transferred to the After-School Programs Fund created under
section 2 of this 2001 Act. + }
(2) 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) 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 5. { + Notwithstanding any other law limiting
expenditures by the Oregon Criminal Justice Commission for the
Juvenile Crime Prevention Advisory Committee for the payment of
expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Oregon Criminal Justice
Commission for the Juvenile Crime Prevention Advisory
Committee + } { + for the biennium beginning July 1, 2001, the
limitations on expenditures are increased by the following
amounts for the following purposes: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1Grants for after-school
programs from the
After-School Program$10umillion
(2) Administrative costs of
the Juvenile Crime
Prevention Advisory Committee
incurred under section 1
of this 2001 Act....$___ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 6. { + 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 July 1,
2001. + }
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