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 1625
(To Resolve Conflicts)
B-Engrossed
House Bill 2877
Ordered by the House July 3
Including House Amendments dated May 31 and July 3 to resolve
conflicts
Sponsored by Representatives PATRIDGE, SCHRADER
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.
Provides that moneys in Criminal Fine and Assessment Account
are to be distributed to General Fund and to Criminal Fine and
Assessment Public Safety Fund. Establishes purposes for which
moneys in Criminal Fine and Assessment Public Safety Fund may be
allocated. Modifies list of factors to be considered by State
Office for Services to Children and Families in distributing
moneys from Child Abuse Multidisciplinary Intervention Account.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to the Criminal Fine and Assessment Public Safety Fund;
creating new provisions; amending ORS 108.662, 135.280,
137.300, 147.227, 147.391, 305.830, 418.746 and 802.155 and
section 36, chapter 1084, Oregon Laws 1999, and section 3,
chapter ___, Oregon Laws 2001 (Enrolled House Bill 3357);
repealing ORS 137.303, 137.304 and 137.305 and sections 4, 5, 6
and 7, chapter ___ , Oregon Laws 2001 (Enrolled House Bill
3357); appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.300 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 { - ORS
137.303 - } { + subsection (2) of this section + }. The
department shall keep a record of moneys transferred into and out
of the account. The department 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 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 shall establish by rule a process for
distributing available moneys in the Criminal Fine and Assessment
Account. + }
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. + }
SECTION 1b. { + Notwithstanding ORS 137.300, for the biennium
beginning on July 1, 2001, the Department of Revenue shall
distribute:
(1) 70.35 percent of the moneys in the Criminal Fine and
Assessment Account to the General Fund to be used for general
governmental expenses; and
(2) 29.65 percent of the moneys in the account to the Criminal
Fine and Assessment Public Safety Fund established in section 2
of this 2001 Act. + }
SECTION 2. { + (1) The Criminal Fine and Assessment Public
Safety Fund is established separate and distinct from the General
Fund. The Criminal Fine and Assessment Public Safety Fund
consists of moneys deposited in the fund pursuant to ORS 137.300
(2). All moneys in the fund are continuously appropriated to the
Department of Revenue to be distributed according to allocations
made by the Legislative Assembly and as necessary under
subsection (5) of this section.
(2) The Legislative Assembly shall allocate moneys in the fund
according to the following priority:
(a) Public safety standards, training and facilities;
(b) Criminal injuries compensation and assistance to victims of
crime and children reasonably suspected of being victims of
crime; and
(c) The Emergency Medical Services Enhancement Account
established under ORS 442.625.
(3) Moneys in the fund may not be allocated for any purpose
other than those listed in subsection (2) of this section.
(4) In making allocations under subsection (2) of this section,
the Legislative Assembly shall first allocate sufficient moneys
to pay debt service obligations authorized by prior sessions of
the Legislative Assembly, or by Emergency Board action, to be
paid by moneys in the Criminal Fine and Assessment Public Safety
Fund.
(5) If there are insufficient moneys in the fund to enable the
department to distribute the full amount of the allocations made
pursuant to subsection (2) of this section, the department shall
distribute moneys to pay the debt service obligations described
in subsection (4) of this section before making any other
distributions.
(6) Notwithstanding ORS 293.190, moneys in the fund that are in
excess of the distributions required by this section do not
revert to the General Fund but remain in the Criminal Fine and
Assessment Public Safety Fund and are available for future
allocation under subsection (2) of this section.
(7) The department shall establish by rule a process for
distributing available moneys in the Criminal Fine and Assessment
Public Safety Fund. + }
SECTION 3. ORS 108.662 is amended to read:
108.662. Grants awarded through funding from the Criminal Fine
and Assessment { - Account - } { + Public Safety Fund + } for
domestic violence programs shall be used to support direct
services, with no more than five percent of each grant to be
spent for administration.
SECTION 4. ORS 147.227 is amended to read:
147.227. (1) The Attorney General or the Attorney General's
designee shall disburse up to one-half of the moneys
{ - described under subsection (4) of this section - } that the
Criminal Injuries Compensation Account receives from the Criminal
Fine and Assessment { - Account - } { + Public Safety
Fund + } to counties and cities where prosecuting attorneys
maintain comprehensive victims' assistance programs approved by
the Attorney General or the Attorney General's designee. Those
counties and cities shall provide the moneys to the prosecuting
attorney therein to be used exclusively for the comprehensive
victims' assistance program. Pursuant to consultation with a
three member advisory committee, which the Attorney General shall
establish administratively, and which shall consist of a
representative from the Attorney General's Office, the Oregon
District Attorney's Association and a prosecutor's victim
assistance program, the Attorney General shall adopt rules for
equitable distribution of these moneys among participating
counties and cities.
(2) To qualify for approval under this section, a comprehensive
victims' assistance program shall not restrict services only to
victims or witnesses of a particular type of crime, but shall
provide services to victims and witnesses generally. The program
must also, in the determination of the Attorney General or the
Attorney General's designee, substantially accomplish the
following:
(a) Provide comprehensive services to victims and witnesses of
all types of crime with particular emphasis on serious crimes
against persons and property, including, but not limited to:
(A) Informing victims and witnesses of their case status and
progress;
(B) Performing advocate duties for victims within the criminal
justice system;
(C) Assisting victims in recovering property damaged or stolen
and in obtaining restitution or compensation for medical and
other expenses incurred as a result of the criminal act;
(D) Preparing victims for pending court hearings by informing
them of procedures involved;
(E) Accompanying victims to court hearings;
(F) Involving victims, when possible, in the decision-making
process in the criminal justice system;
(G) Assisting victims in obtaining the return of property held
as evidence;
(H) Assisting victims with personal logistical problems related
to court appearances; and
(I) Developing community resources to assist victims of crime;
(b) Be administered by the district attorney of the county or
city attorney of the city;
(c) Assist victims of crimes in the preparation and
presentation of claims against the Criminal Injuries Compensation
Account; and
(d) Generally encourage and facilitate testimony by victims of
and witnesses to criminal conduct.
(3) If a proposed victims' assistance program, although not
substantially comprising all elements described in subsection (2)
of this section, nevertheless comprises a significant portion
thereof and if, in the determination of the Attorney General or
the Attorney General's designee thereof, it would not be
practicable at the current time for the district attorney or city
attorney to establish a more comprehensive program, the Attorney
General or the Attorney General's designee thereof may qualify
the program under this section on a temporary basis and subject
to such conditions as the Attorney General or the designee shall
impose upon the program.
{ - (4) For purposes of subsection (1) of this section, the
moneys that the Criminal Injuries Compensation Account receives
from the Criminal Fine and Assessment Account and that are
subject to disbursement to counties and cities under subsection
(1) of this section include only those moneys other than the
moneys dedicated under ORS 147.391. - }
SECTION 5. ORS 147.391 is amended to read:
147.391. { - (1) Except as provided in subsection (2) of this
section, of the moneys received by the Criminal Injuries
Compensation Account under ORS 137.303, an amount equal to .9989
percent of all moneys distributed from the Criminal Fine and
Assessment Account to any recipients under ORS 137.303 shall be
used to provide services to children eligible for compensation
under ORS 147.390. - }
{ - (2) The administrator of the Criminal Injuries
Compensation Account may deduct from the moneys dedicated in
subsection (1) of this section the cost of administering
subsection (1) of this section. The administrative cost deducted
shall not exceed five percent of the moneys dedicated under
subsection (1) of this section. - }
{ - (3) - } Notwithstanding ORS 147.390, when the moneys
provided { + from the Criminal Injuries Compensation
Account + } for the purposes of ORS 147.390 { - , as described
in subsections (1) and (2) of this section, - } are expended for
any cumulative time period within any biennium, the Criminal
Injuries Compensation Account shall have no further obligations
under ORS 147.390 for that time period. However, if the Criminal
Injuries Compensation Account has unexpended moneys provided for
at the end of any biennium, the balance shall be transferred to
the account created by ORS 418.796.
SECTION 6. ORS 305.830 is amended to read:
305.830. (1) Amounts transferred to the Department of Revenue
by justice and municipal courts under ORS 137.295 shall be
deposited in a suspense account established under ORS 293.445 for
the purpose of receiving criminal fines and assessments.
(2) In carrying out its duties under this section, the
Department of Revenue shall have access to the records and
dockets of those courts charged with the duty to transfer moneys
to the department under ORS 137.295.
(3) The Department of Revenue may retain from the funds
transferred under ORS 137.295 an amount not to exceed two percent
annually for its actual costs of collection and disbursement of
funds under this section, including the cost of all examinations,
investigations and searches, and of all traveling and other
expenses in connection therewith. The department shall deposit
the net amount of moneys in the suspense account described in
subsection (1) of this section into the Criminal Fine and
Assessment Account for distribution as provided in ORS
{ - 137.303 and 137.305 - } { + 137.300 and section 2 of this
2001 Act + }.
(4) All judicial, municipal and county officers shall cooperate
with the Department of Revenue with respect to the collections,
searches and investigations and shall furnish the Department of
Revenue with any information contained in any of the records
under their respective custodies relating thereto.
(5) The Department of State Police shall cooperate in the
investigation of fines, penalties and forfeitures.
SECTION 7. Section 36, chapter 1084, Oregon Laws 1999, is
amended to read:
{ + Sec. 36. + } (1)(a) The Children's Trust Endowment Fund
is abolished. On { - the operative date of this section - }
{ + October 31, 1999 + }, the moneys in the fund shall be
deposited into a separate subaccount of the account established
by the Board of Trustees of the Children's Trust Fund pursuant to
{ - section 10 of this 1999 Act - } { + ORS 182.470 + }. All
moneys credited, appropriated or payable to the Children's Trust
Endowment Fund on or after { - the operative date of this
section - } { + October 31, 1999, + } shall instead be
credited, appropriated or payable to the subaccount required
under this subsection.
(b) The subaccount shall consist of { - moneys transferred to
the subaccount under ORS 137.303, - } charitable donations to
the subaccount and any moneys returned or repaid to the
subaccount under grant contracts or under rules or policies
adopted by the holder of the subaccount.
(c) Notwithstanding { - section 10 (3) of this 1999 Act - }
{ + ORS 182.470 (3) + }, all interest received from moneys
credited to the subaccount shall accrue to and become part of the
subaccount.
(d) Notwithstanding { - section 10 (1) of this 1999 Act - }
{ + ORS 182.470 (1) + }, the holder of the subaccount may expend
moneys in the subaccount only for reasonable expenses. All other
moneys in the subaccount shall be accumulated until the principal
in the subaccount reaches $5 million. Thereafter, 80 percent of
the income generated by the subaccount investments may be
expended as provided in ORS 418.187 to 418.197.
(e) The holder of the subaccount may establish other
subaccounts for the payment of project costs, reserves,
administration and operation expenses or any other purpose
necessary to carry out ORS 418.187 to 418.197.
(2)(a) The Children's Trust Fund is abolished. On { - the
operative date of this section - } { + October 31, 1999 + },
the moneys in the fund shall be deposited into a separate
subaccount of the account established by the Board of Trustees of
the Children's Trust Fund pursuant to { - section 10 of this
1999 Act - } { + ORS 182.470 + }. All moneys credited,
appropriated or payable to the Children's Trust Fund on or after
{ - the operative date of this section - } { + October 31,
1999, + } shall instead be credited, appropriated or payable to
the subaccount required under this subsection.
(b) Interest earned by the subaccount shall be credited to the
subaccount. The primary purpose of this subaccount is to support
the establishment of community-based educational and service
programs designed to reduce the occurrence of child abuse and
neglect, to support research programs related to the prevention
of child abuse and neglect, to develop and strengthen community
child abuse and neglect prevention networks and to develop family
resource programs. Notwithstanding { - section 10 (1) of this
1999 Act - } { + ORS 182.470 (1) + }, the subaccount shall be
expended by the holder of the subaccount only for the purposes
described in this paragraph or for the payment of administrative
costs.
(c) The holder of the subaccount may solicit and accept moneys
in the form of gifts, contributions and grants to be deposited
into the subaccount. The acceptance of federal grants for
purposes of ORS 418.187 to 418.197 and 432.090 does not commit
state funds nor place an obligation upon the Legislative Assembly
to continue the purposes for which the federal funds are made
available.
SECTION 8. ORS 418.746 is amended to read:
418.746. (1) The Child Abuse Multidisciplinary Intervention
Account is established separate and distinct from the General
Fund. Interest earned, if any, shall inure to the benefit of the
account. All moneys deposited in the account are continuously
appropriated to the State Office for Services to Children and
Families for the purposes of ORS 418.751 and this section.
(2) { - By January 1, 1995, and by January 1 of each year
thereafter, - } The State Office for Services to Children and
Families, with the advice of the Advisory Council on Child Abuse
Assessment, created by ORS 418.784, and the advisory council on
child abuse created pursuant to the requirements of the
Children's Justice Act (Public Law 99-401, Title I), shall
disburse moneys from the Child Abuse Multidisciplinary
Intervention Account to eligible county multidisciplinary child
abuse teams formed under ORS 418.747 and public and private
agencies serving the counties from which the moneys were
collected. The moneys shall be allocated by the same or similar
formula used by the Attorney General for equitable distribution
of the fund for victim's assistance programs under ORS 147.227
(1). Moneys allocated under this subsection may not be used as
replacement revenues for currently available funds previously
allocated by the county for child abuse intervention.
(3) The State Office for Services to Children and Families
shall determine eligibility of the applicants and:
(a) Allocate funds if the program is deemed eligible;
(b) Conditionally allocate funds, with appropriate conditions,
when necessary to establish eligibility; or
(c) Deny funding.
(4) In making the eligibility determination, the State Office
for Services to Children and Families shall consider the
following nonexclusive list of factors:
(a) Whether the program substantially furthers the goals and
purposes of ORS 418.747, 418.790 and 418.792;
(b) Whether the county multidisciplinary child abuse team has
properly allocated other available funds;
(c) Any evaluations of previously funded programs as required
by subsection (7) of this section;
(d) The extent to which the county's coordinated child abuse
multidisciplinary intervention plan provides for comprehensive
services to the victims of child abuse; { - and - }
(e) Whether the funds are being used as replacement revenues as
prohibited by subsection (2) of this section { - . - } { + ;
and
(f) Whether there is a child abuse intervention, assessment or
advocacy center in existence or planned in the county and whether
the funds are given priority to support such center-based
programs if needed. + }
(5)(a) Each year, the county multidisciplinary child abuse team
shall submit to the State Office for Services to Children and
Families a coordinated child abuse multidisciplinary intervention
plan. The plan must:
(A) Describe all sources of funding, other than moneys that may
be distributed from the Child Abuse Multidisciplinary
Intervention Account, and including in-kind contributions that
are available for the intervention plan;
(B) Describe how the plan provides for comprehensive services
to the victims of child abuse, including assessment, advocacy and
treatment; and
(C) Include the county's written protocol and agreements
required by ORS 418.747 (2).
(b) When submitting the intervention plan, the county
multidisciplinary child abuse team shall also submit:
(A) Those applications for funding received from public and
private agencies under subsection (6) of this section that the
team determines best meet the needs of the county's intervention
plan and a recommendation that the applications for funding be
granted; and
(B) If the team is seeking funding from the Child Abuse
Multidisciplinary Intervention Account, an application setting
forth such information as is required by rule of the State Office
for Services to Children and Families.
(6) A public or private agency wishing to apply for funding
from the Child Abuse Multidisciplinary Intervention Account shall
submit an application to the county multidisciplinary child abuse
team for the county in which the public or private agency
proposes to provide services. The application shall:
(a) Describe the program offered by the agency and the
anticipated outcomes in terms of benefits to children and
families; and
(b) Indicate how the program furthers the goals and purposes of
ORS 418.747, 418.790 and 418.792.
(7)(a) An agency that is awarded money under this section shall
submit an annual report to the county multidisciplinary child
abuse team and to the State Office for Services to Children and
Families. A county multidisciplinary child abuse team that is
awarded money under this section shall submit an annual report to
the State Office for Services to Children and Families.
(b) The reports must document how the money was utilized and
describe to what extent the program was able to meet anticipated
outcomes in terms of benefits to children and families.
(c) A county multidisciplinary child abuse team receiving a
report from an agency under this section shall use the report in
making future recommendations regarding allocation of moneys.
(d) The State Office for Services to Children and Families
shall use reports received under this section to make future
eligibility and allocation decisions and to evaluate programs
funded under this section.
(8) Two or more county multidisciplinary child abuse teams may
join together to develop joint child abuse multidisciplinary
intervention plans. The joint plans shall be submitted as
provided in subsection (5) of this section.
(9) The administrative costs of this program may not exceed
five percent of the revenues deposited in the Child Abuse
Multidisciplinary Intervention Account annually.
(10) The State Office for Services to Children and Families may
adopt rules necessary to carry out the provisions of ORS 418.751
and this section including, but not limited to, the following:
(a) Notices and time limits for applications;
(b) Method of review and the role of advisory bodies; and
(c) Reallocation of moneys not applied for or disbursed.
{ - (11) Notwithstanding subsection (2) of this section, of
the moneys received by the Child Abuse Multidisciplinary
Intervention Account under ORS 137.303, an amount equal to .9989
percent of all moneys distributed from the Criminal Fine and
Assessment Account to any recipients under ORS 137.303 shall be
transferred to the account created under ORS 418.796 and expended
to create a statewide system of regional assessment centers as
provided under ORS 418.780 to 418.796. - }
SECTION 9. ORS 802.155 is amended to read:
802.155. (1) There is created the Safety Education Fund,
separate and distinct from the General Fund. Moneys shall be paid
into the fund as provided in ORS { - 137.303 and - } 802.110.
Interest earned by the fund shall be credited to the fund.
(2) The moneys deposited in the Safety Education Fund under ORS
802.110 are continuously appropriated to the office of the
Director of the Department of Transportation. The director may
enter into a contract with Oregon State University under which
moneys in the fund will be transferred to the university for the
Oregon Student Safety on the Move program.
(3) { - The - } Moneys deposited in the Safety Education
Fund
{ - under ORS 137.303 - } { + from the Criminal Fine and
Assessment Public Safety Fund + } are continuously appropriated
to the office of the manager of the Transportation Safety section
of the Department of Transportation to be used for safety
education programs:
(a) That provide injury prevention education on traffic safety
issues for each age group in the kindergarten through college
ages;
(b) That have been recipients of funds under 23 U.S.C. 402 for
at least three years;
(c) That are found by the Transportation Safety section to be
effective, as measured by the three-year reporting cycle funded
under 23 U.S.C. 402; and
(d) That operate statewide.
SECTION 10. { + ORS 137.303, 137.304 and 137.305 are
repealed. + }
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 + }.
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
July 1, 2001. + }
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