71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to RC to A-Eng. HB 2877
LC 1625/HB 2877-A6
HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED HOUSE BILL 2877
By JOINT COMMITTEE ON WAYS AND MEANS
July 3
On page 1 of the printed A-engrossed bill, line 3, after '
108.662,' insert '135.280,'.
In line 4, after '1999' insert ', and section 3, chapter ___,
Oregon Laws 2001 (Enrolled House Bill 3357)' and after '137.305'
insert 'and sections 4, 5, 6 and 7, chapter ___ , Oregon Laws
2001 (Enrolled House Bill 3357)'.
After line 20, insert:
' { + SECTION 1a. + } { + If House Bill 3357 becomes law,
section 4, chapter ___, Oregon Laws 2001 (Enrolled House Bill
3357) (amending ORS 137.300), is repealed and ORS 137.300, as
amended by section 1 of this 2001 Act, is amended to read: + }
' 137.300. (1) 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 subsection (2) of this
section. The Department { + of Revenue + } shall keep a record
of moneys transferred into and out of the account. 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.
' (2) For biennia beginning on and after July 1, 2003, the
Department { + of Revenue + } shall distribute moneys in the
account to the General Fund to be used for general governmental
expenses and to the Criminal Fine and Assessment Public Safety
Fund established in section 2 of this 2001 Act according to
allocations made by the Legislative Assembly and as necessary
under section 2 (5) of this 2001 Act.
' (3) The Department { + of Revenue + } shall establish by
rule a process for distributing available moneys in the Criminal
Fine and Assessment Account.
' { + (4) 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. + } ' .
In line 21, delete '1a' and insert '1b'.
On page 7, after line 30, insert:
' { + SECTION 10a. + } { + If House Bill 3357 becomes law,
sections 5 (amending ORS 137.303), 6 (amending ORS 137.304) and 7
(amending ORS 137.305), chapter ___, Oregon Laws 2001 (Enrolled
House Bill 3357), are repealed. + }
' { + SECTION 10b. + } If House Bill 3357 becomes law, ORS
135.280, as amended by section 2, chapter ___, Oregon Laws 2001
(Enrolled House Bill 3357), 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 entire
security amount set under ORS 135.265 and the costs of the
proceedings. At any time before or after entry of the judgment,
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.
' (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.
' (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.
' (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 10c. + } If House Bill 3357 becomes law,
section 3, chapter ___, Oregon Laws 2001 (Enrolled House Bill
3357), is amended to read:
' { + Sec. 3. + } The amendments to ORS 135.280 by section 2
{ - of this 2001 Act - } { + , chapter ___, Oregon Laws 2001
(Enrolled House Bill 3357), + } { + and section 10b of this 2001
Act + } apply only to money judgments entered on or after
{ - the effective date of this 2001 Act - } { + January 1,
2002 + }.'.
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