72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2592
 
LC 1374/HB 2592-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2592
 
                    By COMMITTEE ON JUDICIARY
 
                            April 30
 
  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 137.118.'.
  Delete lines 4 through 32 and delete pages 2 and 3 and insert:
  '  { +  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). + } ' .
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