72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2073
LC 949/HB 2073-2
HOUSE AMENDMENTS TO
HOUSE BILL 2073
By COMMITTEE ON JUDICIARY
April 17
On page 1 of the printed bill, delete lines 5 through 20 and
delete pages 2 through 7 and insert:
' { + SECTION 1. + } { + (1) The State Court Facilities Task
Force is created. The task force consists of 10 members to be
appointed as follows:
' (a) The President of the Senate shall appoint two members who
are Senators at the time of appointment and who are not from the
same political party. The Speaker of the House of Representatives
shall appoint two members who are Representatives at the time of
appointment and who are not from the same political party. A
member appointed under this paragraph ceases to be a member of
the task force upon ceasing to be a member of the Legislative
Assembly.
' (b) The Chief Justice of the Supreme Court shall appoint two
members.
' (c) The Association of Oregon Counties shall appoint two
members.
' (d) The Board of Governors of the Oregon State Bar shall
appoint two members.
' (2) The task force shall first meet not later than September
1, 2003.
' (3) The task force shall elect one of its members to serve as
chairperson and one member to serve as vice chairperson, to
perform such functions as the task force may prescribe.
' (4) Legislative members of the task force are entitled to
payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative
Assembly.
' (5) The Oregon Department of Administrative Services shall
provide staff support and administrative services as needed by
the task force.
' (6) The task force may accept contributions of funds and
assistance from the United States or its agencies or from any
other source, public or private, and agree to conditions thereon
not inconsistent with the purposes of the task force. All such
funds are to aid in financing the functions of the task force and
shall be deposited in the General Fund of the State Treasury to
the credit of separate accounts for the task force and shall be
disbursed for the purpose for which contributed in the same
manner as funds appropriated for the task force. + }
' { + SECTION 2. + } { + (1) The State Court Facilities Task
Force shall study and make recommendations relating to:
' (a) Whether additional state court facilities will be
required to meet the needs of the judicial system in the coming
years and what modifications or new construction may be required
to meet those needs;
' (b) Changes in state court facility utilization that should
be considered to alleviate the need for additional state court
facilities;
' (c) The costs of implementing needed changes in state court
facilities;
' (d) Options for ownership or leasing of state court
facilities by the Judicial Department, and the costs of ownership
or leasing of state court facilities;
' (e) Whether the state should have responsibility for
maintaining state court facilities, for improving, replacing and
expanding circuit court facilities and for leasing or
constructing new state court facilities; and
' (f) Other matters pertaining to state court facilities
including, but not limited to, the suitability and sufficiency of
state court facilities.
' (2) The State Court Facilities Task Force shall study and
make recommendations on minimum standards for suitable and
sufficient state court facilities. In developing recommendations,
the task force shall consider the financial circumstances of the
community in which the state court facilities are located and the
physical condition of other facilities in the building in which
the state court facilities are located. The task force shall
identify the costs of complying with the recommended minimum
standards in each county and shall identify a funding source in
addition to county funds for paying the costs of complying with
the recommended minimum standards. Each county and each circuit
court trial court administrator shall cooperate with the task
force in assessing the physical condition of state court
facilities in the county and in identifying the costs of
complying with the recommended minimum standards. + }
' { + SECTION 3. + } { + The State Court Facilities Task
Force shall make a report to the Seventy-third Legislative
Assembly in the manner provided by ORS 192.245. The report shall
contain all findings and recommendations made by the task force
under section 2 of this 2003 Act. + }
' { + SECTION 4. + } { + (1) The State Court Facilities Task
Force Account is established in the General Fund. The account
shall consist of the moneys deposited in the account under ORS
137.300.
' (2) Moneys deposited in the account are continuously
appropriated to the Oregon Department of Administrative Services
and may be used only for the purpose of paying the expenses of
the State Court Facilities Task Force in carrying out its
responsibilities under sections 2 and 3 of this 2003 Act. + }
' { + SECTION 5. + } ORS 137.290 is amended to read:
' 137.290. (1) In all cases of conviction for the commission of
a crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section. The
unitary assessment shall also be imposed by the circuit court and
county court in juvenile cases under ORS 419C.005 (1). The
unitary assessment is a penal obligation in the nature of a fine
and shall be in an amount as follows:
' (a) $105 in the case of a felony.
' (b) $65 in the case of a misdemeanor.
' (c) $95 in the case of a conviction for driving under the
influence of intoxicants.
' (d) { - $35 - } { + $__ + } in the case of a violation as
described in ORS 153.008.
' (2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
' (a) $40 if the defendant was driving a vehicle that requires
a commercial driver license to operate and the conviction was for
violating:
' (A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
' (B) ORS 811.115 by driving at least 65 miles per hour; and
' (b) $500 if the crime of conviction is a crime found in ORS
chapter 163.
' (3) Subject to subsection (4) of this section, the court in
any case may waive payment of the unitary assessment, in whole or
in part, if, upon consideration, the court finds that payment of
the assessment or portion thereof would impose upon the defendant
a total monetary obligation inconsistent with justice in the
case. In making its determination under this subsection, the
court shall consider:
' (a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
' (b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
' (4) If a defendant is convicted of an offense, the court may
waive all or part of the unitary assessment required under
subsections (1) and (2)(a) of this section only if the court
imposes no fine on the defendant.
' { + SECTION 6. + } ORS 137.290, as amended by section 5 of
this 2003 Act, is amended to read:
' 137.290. (1) In all cases of conviction for the commission of
a crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section. The
unitary assessment shall also be imposed by the circuit court and
county court in juvenile cases under ORS 419C.005 (1). The
unitary assessment is a penal obligation in the nature of a fine
and shall be in an amount as follows:
' (a) $105 in the case of a felony.
' (b) $65 in the case of a misdemeanor.
' (c) $95 in the case of a conviction for driving under the
influence of intoxicants.
' (d) { - $__ - } { + $35 + } in the case of a violation as
described in ORS 153.008.
' (2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
' (a) $40 if the defendant was driving a vehicle that requires
a commercial driver license to operate and the conviction was for
violating:
' (A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
' (B) ORS 811.115 by driving at least 65 miles per hour; and
' (b) $500 if the crime of conviction is a crime found in ORS
chapter 163.
' (3) Subject to subsection (4) of this section, the court in
any case may waive payment of the unitary assessment, in whole or
in part, if, upon consideration, the court finds that payment of
the assessment or portion thereof would impose upon the defendant
a total monetary obligation inconsistent with justice in the
case. In making its determination under this subsection, the
court shall consider:
' (a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
' (b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
' (4) If a defendant is convicted of an offense, the court may
waive all or part of the unitary assessment required under
subsections (1) and (2)(a) of this section only if the court
imposes no fine on the defendant.
' { + SECTION 7. + } ORS 137.300 is amended to read:
' 137.300. (1) 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 subsection (2) of this
section. The Department of Revenue shall keep a record of moneys
transferred into and out of the account. 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.
' (2) For biennia beginning on and after July 1, 2003, the
Department of Revenue shall distribute moneys in the account
{ - to the General Fund to be used for general governmental
expenses and to the Criminal Fine and Assessment Public Safety
Fund established in ORS 137.302 - } { + , + } according to
allocations made by the Legislative Assembly and as necessary
under ORS 137.302 (5) { + , to:
' (a) The General Fund, to be used for general governmental
expenses;
' (b) The Criminal Fine and Assessment Public Safety Fund
established in ORS 137.302; and
' (c) The State Court Facilities Task Force Account established
in section 4 of this 2003 Act + }.
' (3) The Department of Revenue shall establish by rule a
process for distributing available moneys in the Criminal Fine
and Assessment Account.
' (4) 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.
' { + SECTION 8. + } ORS 137.300, as amended by section 7 of
this 2003 Act, is amended to read:
' 137.300. (1) 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 subsection (2) of this
section. The Department of Revenue shall keep a record of moneys
transferred into and out of the account. 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.
' (2) For biennia beginning on and after July 1, 2003, the
Department of Revenue shall distribute moneys in the account,
according to allocations made by the Legislative Assembly and as
necessary under ORS 137.302 (5), to:
' (a) The General Fund, to be used for general governmental
expenses; { + and + }
' (b) The Criminal Fine and Assessment Public Safety Fund
established in ORS 137.302 { - ; and - }
' { - (c) The State Court Facilities Task Force Account
established in section 4 of this 2003 Act - } .
' (3) The Department of Revenue shall establish by rule a
process for distributing available moneys in the Criminal Fine
and Assessment Account.
' (4) 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.
' { + SECTION 9. + } Section 1b, chapter 829, Oregon Laws
2001, is amended to read:
' Sec. 1b. Notwithstanding ORS 137.300, for the biennium
beginning on July 1, { - 2001 - } { + 2003 + }, the
Department of Revenue shall distribute:
' (1) { - 70.35 - } ___ percent of the moneys in the
Criminal Fine and Assessment Account, reduced by the amount
reported by the Department of Justice to the Department of
Revenue under ORS 137.300 (4), to the General Fund to be used for
general governmental expenses; { - and - }
' (2) { - 29.65 - } { + ___ + } percent of the moneys in
the account to the Criminal Fine and Assessment Public Safety
Fund established in
{ - section 2, chapter 829, Oregon Laws 2001 - } { + ORS
137.302; and
' (3) ___ percent of the moneys in the account to the State
Court Facilities Task Force Account established in section 4 of
this 2003 Act + }.
' { + SECTION 10. + } { + (1) The amendments to ORS 137.290
and 137.300 and section 1b, chapter 829, Oregon Laws 2001, by
sections 5, 7 and 9 of this 2003 Act become operative September
1, 2003.
' (2) The amendments to ORS 137.290 and 137.300 by sections 6
and 8 of this 2003 Act become operative January 1, 2005. + }
' { + SECTION 11. + } { + (1) The amendments to ORS 137.290
by section 5 of this 2003 Act apply only to offenses committed on
or after September 1, 2003.
' (2) The amendments to ORS 137.290 by section 6 of this 2003
Act apply only to offenses committed on or after January 1,
2005. + }
' { + SECTION 12. + } { + (1) Sections 1 to 4 of this 2003
Act are repealed on January 1, 2005.
' (2) Any moneys remaining in the State Court Facilities Task
Force Account on January 1, 2005, shall be available for general
governmental purposes. + }
' { + SECTION 13. + } { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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