71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3357
Sponsored by Representative PATRIDGE; Representative LOWE
CHAPTER ................
AN ACT
Relating to child support; creating new provisions; and amending
ORS 25.715, 135.280, 137.300, 137.303, 137.304 and 137.305.
Be It Enacted by the People of the State of Oregon:
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. + }
SECTION 2. ORS 135.280 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.
Enrolled House Bill 3357 (HB 3357-A) Page 1
(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 amount of security and costs - }
{ + 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 { - for the amount of security
declared forfeited - } , 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. + }
{ - (4) - } { + (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
Enrolled House Bill 3357 (HB 3357-A) Page 2
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.
{ - (5) - } { + (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.
{ - (6) - } { + (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 3. { + The amendments to ORS 135.280 by section 2 of
this 2001 Act apply only to money judgments entered on or after
the effective date of this 2001 Act. + }
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
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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
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{ - (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
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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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Passed by House June 7, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 19, 2001
...........................................................
President of Senate
Enrolled House Bill 3357 (HB 3357-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3357 (HB 3357-A) Page 7