71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3357
LC 3801/HB 3357-3
HOUSE AMENDMENTS TO
HOUSE BILL 3357
By COMMITTEE ON JUDICIARY
June 4
On page 1 of the printed bill, line 2, after the second
semicolon delete the rest of the line and insert 'and amending
ORS 25.715, 135.280, 137.300, 137.303, 137.304 and 137.305.'.
After line 3, insert:
' { + SECTION 1. + } ORS 25.715 is amended to read:
' 25.715. { + (1) + } The court may order that the portion of
a security deposit made under ORS 135.265 that would otherwise be
returned to the person who made the deposit or the amount of
child support arrearages, whichever is less, be paid to an
obligee or the Division of Child Support of the Department of
Justice if:
' { - (1) - } { + (a) + } The defendant is an obligor who
owes child support arrearages;
' { - (2) - } { + (b) + } The obligee { - , the district
attorney or the division - } { + or the administrator + } has
filed a motion requesting the court to make such an order;
' { - (3) - } { + (c) + } The obligee { - , the district
attorney or the division - } { + or the administrator + } has
served the defendant with a copy of the motion;
' { - (4) - } { + (d) + } The defendant has an opportunity
to respond and request a hearing; and
' { - (5) - } { + (e) + } The court has determined that such
an order is appropriate.
' { + (2) The court may order that a portion of a security
amount forfeited under ORS 135.280 be paid to the division and be
applied to any unsatisfied child support judgment and to provide
security for child support payments in accordance with ORS 25.230
if:
' (a) The defendant is an obligor who owes child support;
' (b) The administrator has filed a motion requesting the court
to make such an order;
' (c) The motion specifies the amount to be applied to the
child support judgment under ORS 135.280; and
' (d) The court has determined that such an order is
appropriate. + } ' .
In line 4, delete '1' and insert '2'.
In line 19, after 'for' delete the rest of the line and insert
'the entire security amount set under ORS 135.265 and the costs'.
In lines 20 through 23, delete the boldfaced material.
In line 23, after 'after' insert 'entry of the' and delete
'for'.
In line 24, delete 'the amount of security declared forfeited'.
In line 25, before the period insert 'or to modify or set aside
the judgment'.
In line 26, after 'thereof' insert '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' and after the
period insert '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.'.
In line 27, delete '(4)' and insert '(5)'.
On page 2, line 1, before the period insert ', or may collect
the judgment as otherwise provided by law' and after ' execution'
insert 'or collection'.
In lines 2 through 5, restore the bracketed material and delete
the boldfaced material.
Delete lines 13 through 22.
In line 25, after the period insert 'Except as provided in
subsection (4) of this section,'.
In lines 32 through 34, delete the boldfaced material.
Delete line 42.
In line 43, delete '1' and insert '2'.
After line 44, insert:
' { + SECTION 4. + } ORS 137.300 is amended to read:
' 137.300. 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. The
Department { + of Revenue + } shall keep a record of moneys
transferred into and out of the account. { + 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. + } 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.
' { + SECTION 5. + } 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 { - : - } { +
set forth in subsection (2) of this section. The percentages
calculated in the formula shall be based on the total amount of
moneys in the account and any moneys reported by the Department
of Justice to the Department of Revenue under ORS 137.300. + }
' { + (2) + }(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 { + , reduced by
the amount reported by the Department of Justice to the
Department of Revenue under ORS 137.300, + } 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.
' { - (2) - } { + (3) + } 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) - } { + (2)(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 6. + } ORS 137.304 is amended to read:
' 137.304. (1) Notwithstanding the percentages established for
distributions from the Criminal Fine and Assessment Account under
ORS 137.303, the maximum distribution in any biennium may not
exceed the following amounts:
' (a) $14,158,775 to the Police Standards and Training Account
under the provisions of ORS 137.303 { - (1)(a) - } { +
(2)(a) + }.
' (b) $7,929,422 to the Criminal Injuries Compensation Account
under the provisions of ORS 137.303 { - (1)(b) - } { +
(2)(b) + }.
' (c) $3,830,154 to the Intoxicated Driver Program Fund under
the provisions of ORS 137.303 { - (1)(c) - } { + (2)(c) + }.
' (d) $2,499,891 to the Department of State Police under the
provisions of ORS 137.303 { - (1)(f) - } { + (2)(f) + }.
' (e) $712,624 to the Department of State Police under the
provisions of ORS 137.303 { - (1)(g) - } { + (2)(g) + }.
' (f) $7,929,422 to the Child Abuse Multidisciplinary
Intervention Account under the provisions of ORS 137.303
{ - (1)(h) - } { + (2)(h) + }.
' (g) $2,572,635 to the Domestic Violence Fund under the
provisions of ORS 137.303 { - (1)(i) - } { + (2)(i) + } and
(k).
' (h) $3,131,745 to the Department of State Police under the
provisions of ORS 137.303 { - (1)(j) - } { + (2)(j) + }.
' (i) $408,198 to the Safety Education Fund under the
provisions of ORS 137.303 { - (1)(L) - } { + (2)(L) + }.
' (j) $1,866,226 to the Children's Trust Endowment Fund under
the provisions of ORS 137.303 { - (1)(m) - } { + (2)(m) + }.
' (k) $1,876,822 to the Emergency Medical Services Enhancement
Account established under ORS 442.625.
' (L) $625,607 to the Sexual Assault Victims Fund established
under ORS 409.285.
' (m) $625,607 to the Public Safety Memorial Fund established
by ORS 243.950.
' (2) Any moneys not distributed under ORS 137.303 by reason of
the limits imposed by this section shall be transferred to the
General Fund to be used for general governmental expenses.
' { + SECTION 7. + } ORS 137.305 is amended to read:
' 137.305. Moneys reserved under ORS 137.303 { - (1)(e) - }
{ + (2)(e) + } shall be distributed monthly as follows:
' (1) If the monthly distribution to the Police Standards and
Training Account pursuant to ORS 137.303 { - (1)(a) - } { +
(2)(a) + }, ORS 137.015 (1985 Replacement Part) and ORS 813.240
(1)(b) (1985 Replacement Part), is not at least $536,000, then
the Department of Revenue shall distribute from the reserved
moneys such amount as will make up the shortage for the month.
' (2) If the monthly distribution to the Criminal Injuries
Compensation Account pursuant to ORS 137.303 { - (1)(b) - }
{ + (2)(b) + } after deduction of the amount described in ORS
147.391 is not at least $179,000, then the Department of Revenue
shall distribute from the reserved moneys such amount as will
make up the shortage for the month.
' (3) If the amount reserved under ORS 137.303 { - (1)(e) - }
{ + (2)(e) + } is not adequate to make up the shortages
described in subsections (1) and (2) of this section, the
Department of Revenue shall distribute the reserved moneys to
make up for as much of the shortages as possible. The department
shall distribute those moneys between the recipients named in
subsections (1) and (2) of this section so that, as nearly as
possible, each such recipient suffers, for that month, the same
shortage on a percentage basis.
' (4) If any moneys reserved under ORS 137.303 { - (1)(e) - }
{ + (2)(e) + } remain undistributed after the procedure
described in subsections (1) to (3) of this section, those moneys
shall cease to be reserved and shall remain in the Criminal Fine
and Assessment Account for distribution in the following month.'.
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