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 3801
 
                         House Bill 3357
 
Sponsored by Representative PATRIDGE
 
 
                             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 as
introduced.
 
  Allows proceeds from forfeited security to be applied to
unsatisfied child support judgments or as security for child
support payments.
 
                        A BILL FOR AN ACT
Relating to child support; creating new provisions; amending ORS
  135.280; and repealing ORS 25.715.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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.
  (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 of the
proceedings.  { + In the judgment, the court may order the state
or appropriate subdivision of the state, in accordance with
subsection (5) of this section, to apply the proceeds of any
execution first toward any unsatisfied child support judgments
and to provide security for child support payments in accordance
with ORS 25.230. + } At any time before or after judgment for the
amount of security declared forfeited, the defendant or the
sureties may apply to the court for a remission of the
forfeiture. The court, upon good cause shown, may remit the
forfeiture or any part thereof, as the court considers reasonable
under the circumstances of the case.
  (4) 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. The proceeds of any execution shall be used to satisfy
the judgment and costs   { - and - }  { + , to be applied first,
when so ordered by the court under subsection (3) of this
section, toward any unsatisfied child support judgments and to
provide security for child support payments in accordance with
subsection (5) of this section.  Thereafter, proceeds 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 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) If the defendant is the obligor under an unsatisfied
child support judgment and if the court so orders under
subsection (3) of this section, the proceeds of any execution on
the money judgment shall be applied first toward any unsatisfied
child support judgments and to provide security for child support
payments in accordance with ORS 25.230. The proceeds shall be
paid either to the Department of Human Services when support
services are being provided under ORS 25.080, or directly to the
child support judgment creditor. After all unsatisfied child
support judgments have been satisfied and all security for child
support payments has been provided in accordance with ORS 25.230,
the state or appropriate subdivision of the state may use the
proceeds of any execution according to the provisions of
subsection (4) of this section. + }
    { - (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. 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  { +  applied first, when so ordered by the
court, toward any unsatisfied child support judgments and to
provide security for child support payments in accordance with
ORS 25.230, and then + } 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 2.  { + ORS 25.715 is repealed. + }
  SECTION 3.  { + The amendments to ORS 135.280 by section 1 of
this 2001 Act apply only to money judgments entered on or after
the effective date of this 2001 Act. + }
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