Relating to mentoring programs; creating new provisions; amending ORS 137.290 and 137.300 and section 1b, chapter 829, Oregon Laws 2001; appropriating money; and declaring an emergency.

 
 
 
     72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1325
 
                         House Bill 2090
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary for Friends of the Children Funding)
 
 
                             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.
 
  Directs State Commission on Children and Families to award
grants from Mentoring Programs Account to certain mentoring
programs. Creates Mentoring Programs Account. Increases unitary
assessment for certain crimes. Allocates __ percent of moneys in
Criminal Fine and Assessment Account to Mentoring Programs
Account.
  Declares emergency, effective July 1, 2003.
 
                        A BILL FOR AN ACT
Relating to mentoring programs; creating new provisions; amending
  ORS 137.290 and 137.300 and section 1b, chapter 829, Oregon
  Laws 2001; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 417.705 to 417.797. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'At-risk children' means persons who are under 18 years of
age and are at risk of becoming victims of crimes described in
ORS 163.535, 163.545, 163.547, 163.575 or 163.577.
  (b) 'Mentoring program' means a program that:
  (A) Works with children from an early age and commits to
continue working with the children until the children attain 18
years of age;
  (B) Works with schools in selecting children with whom to work;
  (C) Provides one-on-one contact between mentors and children on
a regular basis; and
  (D) Is based on credible research that indicates the program is
likely to have a positive effect on the children with whom it
works.
  (2) The State Commission on Children and Families shall award
grants out of the Mentoring Programs Account established in
section 3 of this 2003 Act to local mentoring programs that work
with at-risk children. A grant may not exceed $___ for a one-year
period. A mentoring program may apply for one grant each year.
  (3) The state commission shall adopt any rules necessary to
carry out the duties imposed by this section. + }
  SECTION 3.  { + The Mentoring Programs Account is established
separate and distinct from the General Fund. The account consists
of moneys deposited in the account under ORS 137.300. Interest
earned by the account must be credited to the account. All moneys
in the account are continuously appropriated to the State
Commission on Children and Families to be used only for the
purpose of making grants described in section 2 of this 2003 Act.
The state commission may not expend more than 5 percent of the
moneys in the account for administrative costs incurred in
administering the grant program. + }
  SECTION 4. 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 { + ; and
  (c) In addition to the assessment under paragraph (b) of this
subsection, $200 if the crime of conviction is a crime described
in ORS 163.535, 163.545, 163.547, 163.575 or 163.577 + }.
  (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 5. 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 Mentoring Programs Account established in section 3 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 6. 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 Mentoring
Programs Account established in section 3 of this 2003 Act + }.
  SECTION 7.  { + The amendments to ORS 137.290 by section 4 of
this 2003 Act apply only to offenses committed on or after the
effective date of this 2003 Act. + }
  SECTION 8.  { + Section 2 of this 2003 Act becomes operative on
January 1, 2004. + }
  SECTION 9.  { + 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 July 1,
2003. + }
                         ----------