Chapter 300 Oregon Laws 2003

AN ACT

HB 2729

Relating to judgments in criminal actions; amending ORS 137.071; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 137.071 is amended to read:

137.071. This section establishes requirements for judgments in actions and proceedings resulting from a person being accused and tried for the commission of an offense. The judge shall assure the creation and filing of a judgment that complies with this section in such action or proceedings. On appeal, the appellate court may give leave as provided in ORS 19.270 for entry of a judgment that complies with this section but may not reverse or set aside a judgment, determination or disposition on the sole ground that the document fails to comply with this section. No particular form of words is required, but every judgment in a criminal action or proceeding must comply with all the following:

(1) It must be in writing, plainly titled as a judgment and set forth in a separate document.

(2) It must clearly identify the court and file number or other identifier used by the court for that case.

(3) It must clearly identify the defendant.

(4) It must clearly identify all of the following:

(a) The attorney for the state; and

(b) The attorney, if any, for the defendant, whether the court determined the defendant to be indigent for purposes of court appointed counsel in the case, and, if so, whether the court appointed counsel for the defendant in the case. If there is no attorney for the defendant, it must specify whether the defendant knowingly waived any right to an attorney after having been informed of that right.

(5) It must include the identity of the recorder or reporter for the proceeding or action who is to be served under ORS 138.081.

(6) It must include any information specifically required by statute or by court rule.

(7) It must specify clearly the court’s determination for each charge in the information, indictment or complaint.

(8) It must specify clearly the court’s disposition, including all legal consequences the court establishes or imposes. If the determination is one of conviction, it must include any suspension of sentence, forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution, community service and all other sentences and legal consequences imposed by the court. Nothing in this subsection requires the judgment to specify any consequences that may result from the determination but are not established or imposed by the court.

(9) Any money judgment must comply with this subsection and subsection (10) of this section. A judgment that does not comply with this subsection and subsection (10) of this section is subject to not being docketed in the judgment docket as provided under ORS 137.180 until it is amended to become a money judgment and to so comply. A money judgment must include all the following:

(a) The identity of the judgment creditor.

(b) The identity of the judgment debtor.

(c) If restitution or compensatory fine is ordered, the name and address of the person to whom the court should disburse payments[. This paragraph does not require the name and address of the victim, but may include other persons designated by the victim who will pass the restitution or fine on to the victim without requiring the victim’s name and address to be a public record.], unless the victim requests that this information be exempt from disclosure in the public record.

(d) The amount of the money judgment. The following apply to the amount of the money judgment:

(A)(i) Except as otherwise provided in sub-subparagraph (ii) of this subparagraph, this paragraph requires both the total amount of the money judgment, excluding any amount that is suspended, and a listing of amounts and identification for the fines, assessments, costs, restitution and any other monetary obligations imposed in the sentence as part of the money judgment.

(ii) When the court is unable to determine the full amount of restitution at the time of sentencing, the court may include the amount that can be determined or establish a maximum amount based on a recommendation by the district attorney subject to modification under ORS 137.107.

(B) Except as provided in ORS 137.107, money required to be paid as a condition of probation:

(i) Is a money judgment that survives and remains payable after revocation of probation if the amount is included in the money judgment section.

(ii) Is not a money judgment or docketable in the judgment docket and does not survive revocation of probation if not included in the money judgment section, even if the amount is included in another part of the judgment, unless the money judgment is amended under ORS 137.107.

(e) If other than immediate payment is permitted, the specific terms of payment imposed or allowed by the court.

(f) A statement specifying whether all or any part of any monetary obligation is suspended. This paragraph does not require a response that no monetary obligation was suspended if that is the case. In those instances where there is no statement that any monetary obligation is suspended, it shall be deemed that no monetary obligation or any part is suspended.

(10) The requirements of subsection (9) of this section must be presented in the following manner:

(a) The information must be presented in a separate, discrete section immediately above the judge’s signature.

(b) The separate section must be clearly labeled at its beginning as a money judgment.

(c) The information required under subsection (9) of this section must be presented in the same order as set forth in that subsection.

(d) The separate section must contain no other provisions except what is specifically required by this subsection and subsection (9) of this section and shall not include requirements to pay money that are not part of the money judgment.

(11) It must be signed by the judge rendering the judgment and dated as of the date of signature.

SECTION 2. ORS 137.071, as amended by section 88, chapter 962, Oregon Laws 2001, is amended to read:

(1) It must be in writing, plainly titled as a judgment and set forth in a separate document.

(2) It must clearly identify the court and file number or other identifier used by the court for that case.

(3) It must clearly identify the defendant.

(4) It must clearly identify all of the following:

(a) The attorney for the state;

(b) The attorney, if any, for the defendant;

(d) Whether the court appointed counsel for the defendant in the case; and

(e) If there is no attorney for the defendant, whether the defendant knowingly waived any right to an attorney after having been informed of that right.