Chapter 375 Oregon Laws 2003

AN ACT

HB 2592

Relating to collection moneys owed justice courts; creating new provisions; and amending ORS 137.118.

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

SECTION 1. ORS 137.118 is amended to read:

137.118. (1) Judgments in criminal actions that impose monetary obligations, including judgments requiring the payment of fines, costs, assessments, compensatory fines, attorney fees, forfeitures or restitution, may be assigned by the state, by a municipal court or by a justice court for collection. An assignment by the state may be to the Department of Revenue or a private collection agency. An assignment by a municipal court or by a justice court may be to a private collection agency, except that a justice court may assign a judgment in a criminal action to the Department of Revenue for the purposes described in section 2 of this 2003 Act. Nothing in this section limits the right of a municipal court or a justice court to assign for collection judgments in matters other than criminal actions.

(2) A municipal or justice court may add to any judgment in a criminal action that includes a monetary obligation a fee for the cost of collection if the court gives the defendant a period of time to pay the obligation after the date of imposition of the sentence or after the date of the hearing or proceeding that results in the imposition of the financial obligation. The fee may not exceed 25 percent of the monetary obligation imposed by the court without the addition of the cost of collection[, but shall] and may not be more than $250. The fee shall be waived or suspended by the court if the defendant pays the monetary obligation in the manner required by the court.

(3) A state court shall add to any judgment in a criminal action that includes a monetary obligation the fees required by ORS 1.202.

(4) As used in this section, “criminal action” has the meaning given that term in ORS 131.005.

SECTION 2. (1) A justice court may assign a judgment in a criminal action, as described in ORS 137.118, to the Collections Unit in the Department of Revenue for the following purposes:

(a) To determine whether refunds or other sums are owed to the debtor by the department; and

(b) To deduct the amount of the debt from any refunds or other sums owed to the debtor by the department.

(2) If the Collections Unit determines that refunds or other sums are owed to the debtor, the department shall deduct the amount of the debt from any refunds or other sums owed to the debtor by the department. After also deducting costs of its actions under this section, the department shall remit the amount deducted from refunds or other sums owed to the debtor to the justice court that assigned the judgment.

(3) A debtor whose account is assigned to the Department of Revenue for setoff under this section is entitled to the notice required by ORS 293.250 (3)(d) and to the opportunity for payment in ORS 293.250 (3)(c).

Approved by the Governor June 16, 2003

Filed in the office of Secretary of State June 16, 2003

Effective date January 1, 2004

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