72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2066
LC 575/HB 2066-17
HOUSE AMENDMENTS TO
HOUSE BILL 2066
By COMMITTEE ON JUDICIARY
May 2
On page 1 of the printed bill, line 2, after 'ORS' insert '
1.204,'.
In line 3, after '153.070' insert ', 153.073'.
In line 9, after the period insert 'If the defendant requests a
trial under ORS 153.061, or a trial is required by the court or
by law, the court shall set a date, time and place for the
trial.'.
After line 15, insert:
' { + SECTION 1a. + } ORS 153.073 is amended to read:
' 153.073. { - If the defendant requests a trial under ORS
153.061, or a trial is required by the court or by law, the court
shall fix a date, time and place for the trial. - } Unless
notice is waived by the defendant, the court shall mail or
otherwise provide to the defendant notice of the date, time and
place at least five days before the { + date set for + } trial
{ + under ORS 153.070 + }. If the citation is for a traffic
violation, or is for a violation of ORS 471.430, the notice must
contain a warning to the defendant that if the defendant fails to
appear at the trial, the driving privileges of the defendant are
subject to suspension under ORS 809.220.'.
On page 4, delete lines 7 through 11 and insert:
' { + SECTION 6. + } { + (1) Before entering upon the duties
of a judge of the Supreme Court, a person must take and
subscribe, and submit to the Secretary of State, an oath in the
form provided by section 7, Article VII (Amended) of the Oregon
Constitution.
' (2) Except as provided in subsection (3) of this section,
before entering upon the duties of a judge of the Court of
Appeals, the Oregon Tax Court or a circuit court, a person who is
appointed or elected to the office must take and subscribe, and
submit to the Secretary of State, an oath in the following form:
]
________________________________________________________________
I, ________, do solemnly swear (or affirm) that I will support
the Constitution of the United States, and the Constitution of
the State of Oregon, and that I will faithfully and impartially
discharge the duties of a judge of the _________ (court),
according to the best of my ability, and that I will not accept
any other office, except judicial offices, during the term for
which I have been _____ (elected or appointed).
]
________________________________________________________________
' (3) Before entering upon the duties of a judge pro tempore or
senior judge of the Court of Appeals, the Oregon Tax Court or a
circuit court, a person must take and subscribe, and submit to
the Secretary of State, an oath in the following form:
]
________________________________________________________________
I, ________, do solemnly swear (or affirm) that I will support
the Constitution of the United States, and the Constitution of
the State of Oregon, and that I will faithfully and impartially
discharge the duties of a judge of the _________ (court),
according to the best of my ability.
]
________________________________________________________________
' (4) Subsection (3) of this section does not apply to any
person who is already a sworn judge of the court in which the
person will perform duties as a judge pro tempore. + } ' .
In line 18, delete 'subsection (7) of this section' and insert
'section 6 of this 2003 Act'.
On page 5, delete lines 9 through 11.
Delete lines 31 through 37.
In line 38, delete '(4)' and insert '(3)'.
On page 6, line 1, delete '(1)'.
Delete lines 17 through 20.
After line 31, insert:
'
{ + JUDICIAL DEPARTMENT COLLECTIONS + }
'
{ + AND REVENUE MANAGEMENT PROGRAM + }
' { + SECTION 11. + } ORS 1.204 is amended to read:
' 1.204. (1) The State Court Administrator may establish a
collections { + and revenue management + } program within the
Judicial Department for the purpose of { - enhancing - } { +
administering accounts and + } collections. Subject to policies
and procedures prescribed by the State Court Administrator, the
collections { + and revenue management + } program may collect,
by any means authorized by law, all amounts owing to the state
that are subject to collection by the state courts or by a
commission, department or division in the judicial branch of
state government. The State Court Administrator may establish a
separate unit within the { - collections - } program for the
collection of parking fines in counties with populations of more
than 500,000.
' (2) There is established within the General Fund the Judicial
Department Collections Account. The account shall consist of
moneys deposited in the account under the provisions of
subsection (3) of this section. All moneys in the account are
continuously appropriated to the Judicial Department and may be
used only for the purposes specified in subsection (3) of this
section.
' (3) All moneys collected by the collections { + and revenue
management + } program established under this section shall be
deposited in the Judicial Department Collections Account. At the
end of each calendar month, the State Court Administrator shall
distribute the amounts in the account in the following order of
priority:
' (a) { + Except as provided in subsection (4) of this
section, + } the collections { + and revenue management + }
program shall be reimbursed for actual costs and expenses of the
program, including personnel expenses, incurred in the
administration and collection of accounts. The amount of
reimbursement may not exceed the actual costs and expenses
incurred by the collections { + and revenue management + }
program. The State Court Administrator may designate a single
percentage amount to be retained from all moneys collected under
the program, but must adjust that percentage amount periodically
to reflect actual program costs.
' (b) All moneys not expended under paragraph (a) of this
subsection shall be distributed as otherwise provided by law for
the amounts collected.
' { + (4) The collections and revenue management program may
not be reimbursed under subsection (3) of this section from any
of the following amounts collected under the program, and all
such amounts collected under the program shall be distributed as
otherwise provided by law:
' (a) Restitution and compensatory fines paid under judgments
in criminal actions;
' (b) Legal aid fees collected under ORS 21.480;
' (c) Law library fees collected under ORS 21.350;
' (d) Dispute resolution surcharges imposed under ORS 36.170;
and
' (e) Fees imposed under ORS 21.112. + } ' .
In line 32, delete '11' and insert '12'.
In line 35, delete '12' and insert '13'.
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