72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2594
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Justice of the Peace Association)
CHAPTER ................
AN ACT
Relating to courts; creating new provisions; amending ORS 51.310,
137.295, 137.309, 153.630, 156.530, 221.342, 221.359, 419C.153
and 419C.306; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 51.310 is amended to read:
51.310. (1) Except as provided in ORS 105.130, the justice of
the peace shall collect, in advance except in criminal cases, and
issue receipts for, the following fees:
(a) For the first appearance of the plaintiff, $30.
(b) For the first appearance of the defendant, $22.50.
(c) In the small claims department, for a plaintiff filing a
claim, $22.50; and for a defendant requesting a hearing, $15.
(d) For transcript of judgment, $6.
(e) For transcript of judgment from the small claims
department, $5.
(f) For certified copy of judgment, $3.50.
(g) For issuing writs of execution or writs of garnishment, $5
for each writ.
(h) For taking an affidavit of a private party, $1.
(i) For taking depositions, for each folio, 70 cents.
(j) For supplying to private parties copies of records and
files, the same fees as provided or established for the county
clerk under ORS 205.320.
(k) For each official certificate, $1.
(L) For taking and certifying for a private party an
acknowledgment of proof of any instrument, $3.
(m) Costs in criminal cases, where there has been a conviction,
or upon forfeiture of security, $5.
(2) Not later than the { - 15th - } { + last + } day of the
month { + immediately + } following the month in which fees set
forth in subsection (1) of this section are collected, the
justice of the peace shall pay all such fees, other than those
for performing marriage ceremonies, over to the county treasurer
of the county wherein the justice of the peace was elected or
appointed, for crediting to the general fund of the county, and
shall take the receipt of the treasurer therefor.
SECTION 2. ORS 137.295 is amended to read:
137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
Enrolled House Bill 2594 (HB 2594-ACCA) Page 1
diversion, the clerk shall distribute the payment as provided in
this section.
(2) There are four categories of monetary obligations. The
categories are as follows:
(a) Category 1 consists of compensatory fines under ORS
137.101.
(b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
(c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
(d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897.
(3) So long as there remains unpaid any obligation under
category 1, the clerk shall credit toward category 1 all of each
payment received.
(4) After the total obligation has been credited under category
1, then so long as there remains unpaid any obligation under both
categories 2 and 3, the clerk shall credit toward each such
category 50 percent of each payment received.
(5) The clerk shall monthly transfer the moneys credited under
category 1 and under category 2 to the victims for whose benefit
moneys under that category were ordered paid. The clerk of a
circuit court shall monthly transfer the moneys credited under
category 3 as directed by the State Court Administrator for
deposit in the State Treasury to the credit of the Criminal Fine
and Assessment Account established under ORS 137.300. The clerk
of a justice or municipal court shall monthly transfer the moneys
credited under category 3 to the Department of Revenue as
provided in ORS 305.830.
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, further payments by
the defendant shall be credited by the clerk entirely to the
unpaid balance of whichever of those categories remains unpaid,
until both category 2 and category 3 have been entirely paid.
(7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the
moneys so received to the appropriate recipient, giving first
priority to counties and cities entitled to revenues generated by
prosecutions in justice and municipal courts and giving last
priority to persons entitled to moneys as reimbursement for
reward under ORS 131.897.
(8) Notwithstanding subsection (5) of this section, the clerk
of a circuit court shall monthly transfer the moneys attributable
to parking violations to the State Treasurer for deposit in the
General Fund.
{ + (9) The clerk of a justice or municipal court must make
the transfers required by this section not later than the last
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day of the month immediately following the month in which a
payment is made. + }
SECTION 3. ORS 137.295, as amended by section 1, chapter 1064,
Oregon Laws 1999, and section 23, chapter 823, Oregon Laws 2001,
is amended to read:
137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
diversion, the clerk shall distribute the payment as provided in
this section.
(2) There are four categories of monetary obligations. The
categories are as follows:
(a) Category 1 consists of compensatory fines under ORS
137.101.
(b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
(c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
(d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897.
(3) As long as there remains unpaid any obligation under
category 1, including any interest accrued on that obligation,
the clerk shall credit toward category 1 all of each payment
received.
(4) After the total obligation has been credited under category
1, then as long as there remains unpaid any obligation under both
categories 2 and 3, including any interest accrued on those
obligations, the clerk shall credit toward each such category 50
percent of each payment received.
(5) The clerk shall monthly transfer the principal amount of
the moneys credited under category 1 and under category 2, and
all interest that has accrued on those principal amounts, to the
victims for whose benefit moneys under that category were ordered
paid. The clerk of a circuit court shall monthly transfer the
principal amount of the moneys credited under category 3 as
directed by the State Court Administrator for deposit in the
State Treasury to the credit of the Criminal Fine and Assessment
Account established under ORS 137.300. The clerk of a justice or
municipal court shall monthly transfer the principal amount of
the moneys credited under category 3 to the Department of Revenue
as provided in ORS 305.830. The clerk shall transfer all interest
on the principal amount of the moneys credited under category 3
to the State Court Administrator for deposit in the Court
Facilities Account established under ORS 1.190.
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, including any
interest that has accrued on the amount, further payments by the
defendant shall be credited by the clerk entirely to the unpaid
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balance of whichever of those categories remains unpaid, until
both category 2 and category 3 have been entirely paid.
(7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the
principal amount of the moneys so received to the appropriate
recipient, giving first priority to counties and cities entitled
to revenues generated by prosecutions in justice and municipal
courts and giving last priority to persons entitled to moneys as
reimbursement for reward under ORS 131.897. The clerk shall
transfer all interest on the principal amount of the moneys
credited under category 4 to the agency, person or political
subdivision of the state entitled to the principal amount. All
interest on monetary obligations owing to the state under
category 4 shall be transferred to the State Court Administrator
for deposit in the Court Facilities Account established under ORS
1.190.
(8) Notwithstanding subsection (5) of this section, the clerk
of a circuit court shall monthly transfer the moneys attributable
to parking violations to the State Treasurer for deposit in the
General Fund.
{ + (9) The clerk of a justice or municipal court must make
the transfers required by this section not later than the last
day of the month immediately following the month in which a
payment is made. + }
SECTION 4. ORS 137.309 is amended to read:
137.309. (1) Except as provided in subsection (4) of this
section, whenever a circuit or municipal court or a justice of a
justice court imposes a sentence of a fine, term of imprisonment,
probation or any combination thereof, including a sentence
imposed and thereafter suspended, as a penalty for an offense as
defined in ORS 161.505, excluding parking violations, an
assessment in addition to such sentence shall be collected.
(2) The assessment is not part of the penalty or in lieu of any
part thereof. The amount of the assessment shall be as follows:
(a) $5, when the fine or forfeiture is $5 to $14.99.
(b) $12, when the fine or forfeiture is $15 to $49.99.
(c) $14, when the fine or forfeiture is $50 to $99.99.
(d) $20, when the fine or forfeiture is $100 to $249.99.
(e) $24, when the fine or forfeiture is $250 to $499.99.
(f) $59, when the fine or forfeiture is $500 or more.
(3) Assessments imposed under subsections (1) to (5) of this
section shall be collected as provided in subsections (6) to (8)
of this section.
(4) The court is not required to impose the assessment, or a
part of the assessment, if it finds that the defendant is
indigent or that imposition of the assessment would constitute an
undue hardship.
(5) Payment to a court shall not be credited to the assessment
described in subsections (1) to (5) of this section until all
other fines, fees and assessments ordered by the court have been
paid.
(6) Except as provided in subsection (7) of this section,
{ - within 60 days after receipt of such assessment by the
clerk of a circuit or municipal court or by a justice of a
justice court, - } { + amounts paid for + } the assessment
{ + imposed by this section + } { - shall - } { + must + }
be { - paid - } { + transferred by the court + }to the
county treasurer of the county in which the court is located { +
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not later than the last day of the month immediately following
the month in which the amounts are collected + }.
(7) Prior to making payment to the county treasurer as provided
in subsections (6) and (8) of this section, the clerk of a
circuit, municipal or justice court:
(a) Shall withhold and deposit in the State Treasury to the
credit of the Law Enforcement Medical Liability Account the
following amounts:
(A) $1, when the assessment is $12 or $14.
(B) $2, when the assessment is $20 or $24.
(C) $5, when the assessment is $59.
(b) May withhold an amount equal to the reasonable costs
incurred by the clerk in collection and distribution of the
assessment.
(8) A city that lies in more than one county shall pay the
assessments it collects to each county in proportion to the
percent of the population of the city that resides in each
county.
SECTION 5. ORS 153.630 is amended to read:
153.630. (1) Costs and one-half of all fines collected in
traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation
payable to the county.
(c) If collected in a municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer,
as a monetary obligation payable to the city.
(2) The other half of such fines shall be paid as follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, including a city
marshal or a member of the police of a city, municipal or
quasi-municipal corporation, to be credited and distributed under
ORS 137.293 and 137.295 to the treasurer of the city, municipal
or quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision
of the state.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county
weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense
occurred, as a monetary obligation payable to that county and to
be credited to the general fund of that county.
(e) If resulting from prosecutions for parking in a winter
recreation parking location, to be credited and distributed under
ORS 137.293 and 137.295, as a monetary obligation payable to the
state.
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(f) In other cases, to be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation to the same entity
to which payment is made of the half provided for in subsection
(1) of this section.
(3) If provisions of subsection (2)(b) or (e) of this section
are applicable, and if the fine or penalty imposed is remitted,
suspended or stayed, or the offender against whom the fine or
penalty was levied or imposed serves time in jail in lieu of
paying the fine or penalty or a part thereof, the committing
judge or magistrate shall certify the facts thereof in writing to
the State Court Administrator in the case of a circuit court or
the Department of Revenue in the case of a justice or municipal
court not later than the 10th day of the month next following the
month in which the fine was remitted or penalty suspended. If any
part of the fine is thereafter paid, it shall be remitted to the
judge or magistrate who imposed the fine or penalty, who shall
distribute it as provided in subsections (1) and (2) of this
section.
(4) If a fine is subject to division between two entities under
this section and a sentence to pay a fine is imposed by the
court, any remittance, suspension or stay of the fine portion of
the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
(5) { - Payment - } { + Distribution + } of fines and costs
collected in a justice or municipal court under this section
{ - shall - } { + must + } be made
{ - within the first 20 days - } { + not later than the last
day + } of the month { + immediately + } following the month in
which { + the fines and costs are + } collected.
SECTION 6. ORS 156.530 is amended to read:
156.530. (1) Any money paid to the justice { + court + } upon
a judgment in a criminal action shall first be applied to the
costs of the action. The remainder shall be paid by the justice
{ + court + } to the treasurer of the county, to be appropriated
as provided by law.
(2) Money paid pursuant to subsection (1) of this section shall
be delivered by the justice { + court + } to the treasurer
{ - within 30 days from the receipt thereof, or the same may be
recovered from the justice, with 20 percent additional, by a
civil action in the name of the county - } { + not later than
the last day of the month immediately following the month in
which the money is collected + }.
SECTION 7. ORS 221.342 is amended to read:
221.342. (1) { - Except as provided in subsection (4) of this
section, - } Any municipal court may become a court of record by
the passage of an ordinance by the governing body of the city in
which the court is located. The city shall ensure that a court
reporter { + or audio recording reporting device + } is
provided for each municipal court made a court of record under
this section.
(2) The appeal from a judgment entered in a municipal court
that becomes a court of record under this section shall be as
provided in ORS chapter 138 for appeals from judgments of circuit
courts.
(3) As a qualification for the office, a municipal judge for
any municipal court that becomes a court of record must be a
member of the Oregon State Bar.
{ - (4) A municipal court may not become a court of record
under the provisions of this section if the court is located
within 50 driving miles of the circuit court for the county in
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which the municipal court is located, measured by the shortest
distance by public roads between the municipal court and the
circuit court. - }
SECTION 8. ORS 221.359 is amended to read:
221.359. (1) Except as provided in subsection { - (2) - }
{ + (3) + } of this section, whenever any person is convicted
in the municipal court of any city of any offense defined and
made punishable by any city charter or ordinance, such person
shall have the same right of appeal to the circuit court within
whose jurisdiction the city has its legal situs and maintains its
seat of city government as now obtains from a conviction from
justice courts. The appeal shall be taken and perfected in the
manner provided by law for taking appeals from justice courts,
except that in appeals taken under this section, ORS 221.360,
221.380 or 221.390:
(a) The notice thereof shall be served upon the city attorney;
(b) When the notice of appeal has been filed with the court
from which the appeal is being taken, the appellate court shall
have jurisdiction of the cause. Failure to serve a notice of
appeal on the appropriate attorney shall not preclude
jurisdiction in the appellate court; and
(c) No undertaking providing for the payment of costs and
disbursements shall be required.
{ + (2) Except as provided in subsection (3) of this section,
in a prosecution of any offense defined and made punishable by
any city charter or ordinance, a plaintiff may appeal to the
circuit court within whose jurisdiction the city has its legal
situs and maintains its seat of city government in the manner
provided by ORS 157.020 (2) for taking appeals from justice
courts. + }
{ - (2) - } { + (3) + } The provisions of this section
apply only to municipal courts that have not become courts of
record under ORS 221.342. Appeals of criminal judgments in
municipal courts that have become courts of record under ORS
221.342 shall be as provided in ORS chapter 138 for appeals from
judgments of circuit courts.
SECTION 9. { + The amendments to ORS 221.359 by section 8 of
this 2003 Act apply only to prosecutions commenced on or after
the effective date of this 2003 Act. + }
SECTION 10. { + Section 11 of this 2003 Act is added to and
made a part of ORS chapter 419C. + }
SECTION 11. { + (1) Except as provided in subsection (2) of
this section, when a person is directed to appear before the
court in a proceeding under this chapter, the person may appear
by telephone or closed circuit television as long as all parties
having an interest in the proceeding have access to the telephone
or television circuit used for the appearance and as long as the
appearance is made publicly audible within the courtroom of the
court under whose authority the hearing is held.
(2) A person may not appear before the court as provided in
subsection (1) of this section if:
(a) The proceeding is a contested adjudication;
(b) The proceeding is a contested waiver hearing;
(c) The proceeding is a contested dispositional hearing;
(d) The person has been issued a summons under ORS 419C.306
(2); or
(e) The person who is the subject of the proceeding objects to
appearance by telephone or closed circuit television and the
court finds that such appearance would be detrimental to the best
interest of the person making the objection.
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(3) A person who appears before the court under subsection (1)
of this section shall be provided with the opportunity to consult
privately with counsel during the proceeding. + }
SECTION 12. ORS 419C.153 is amended to read:
419C.153. { - (1) - } Any youth ordered detained under ORS
419C.145, 419C.150 and 419C.156 shall have a review hearing at
least every 10 days, excluding Saturdays, Sundays and judicial
holidays. At the review hearing the court shall determine whether
sufficient cause exists to require continued detention of the
youth. In addition, the court may review and may confirm, revoke
or modify any order for the detention or release of the youth
under this section or ORS 419C.109, 419C.136, 419C.139, 419C.145,
419C.150 or 419C.156 and, in the event that the youth is alleged
to have committed an offense which if committed by an adult would
be a misdemeanor or Class C felony, may do so ex parte. Release
of a youth may not be revoked, however, except upon a finding
that the youth may be detained under this section or ORS
419C.145, 419C.150 and 419C.156, and after a hearing is held in
accordance with ORS 419C.109, 419C.136 and 419C.139 { - and
subsection (2) of this section - } .
{ - (2) A hearing to consider whether to revoke the release
of a youth or whether a youth should be continued in detention
may be held by telephone or closed circuit television as long as
all parties having an interest in the proceeding have access to
the telephone or television circuit used for the hearing and as
long as the hearing is made publicly audible within the courtroom
of the court under whose authority it is held. - }
SECTION 13. ORS 419C.306 is amended to read:
419C.306. (1) The summons shall require the person or persons
who have physical custody of the youth to appear
{ - personally - } and bring the youth before the court at the
time and place stated in the summons. The time for the hearing on
the petition shall be fixed at a reasonable time, not less than
24 hours, after the issuance of the summons. If it appears to the
court that the welfare of the youth or of the public requires
that the youth immediately be taken into custody, the court may
indorse an order on the summons as provided in ORS 419C.080 (2)
directing the officer serving it to take the youth into custody.
(2)(a) Summons shall be issued to the legal parents of the
youth, without regard to who has legal or physical custody of the
youth, and to the legal guardians, if any, of the youth.
(b) Parents or guardians summoned pursuant to paragraph (a) of
this subsection shall appear personally pursuant to the summons.
Following the initial appearance, parents or guardians shall
appear as directed by the court.
(c) An employer may not discharge, threaten to discharge,
intimidate or coerce any employee by reason of the employee's
attendance at a juvenile court hearing as required under
paragraph (a) of this subsection.
(d) This subsection { - shall - } { + may + } not be
construed to alter or affect an employer's policies or agreements
with employees concerning employees' wages during times when an
employee attends a juvenile court hearing under paragraph (a) of
this subsection.
(3) If the youth is 12 years of age or older, a certified copy
of the summons shall be served upon the youth. If the petition
alleges that the youth is within the jurisdiction of the court
for having violated ORS 471.430, the summons must contain a
statement that, if the youth fails to appear as required in the
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summons, the driving privileges of the youth are subject to
suspension under ORS 419C.472.
(4) Summons may be issued requiring the appearance of any
person whose presence the court deems necessary. When a summons
is issued to a youth pursuant to a petition alleging jurisdiction
under ORS 419C.005, a copy of the summons shall be mailed to all
victims whose names appear on the petition pursuant to ORS
419C.255 (2). The copy of the summons shall be accompanied by a
notice that the victim may be present for the youth's appearance
before the court and is entitled to request and receive
notification of future hearings before the court in regard to the
particular case. The copy of the summons shall also be
accompanied by a notice informing the victim of the provisions of
ORS 30.765.
SECTION 14. { + The licensing requirement of ORS 703.405 does
not apply to a person who:
(1) Provides testimony in a court as an expert under ORS
40.410; or
(2) Conducts investigations or reviews or engages in other
activities in preparation for providing testimony in a court as
an expert under ORS 40.410. + }
SECTION 15. { + 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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Passed by House April 14, 2003
Repassed by House August 5, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2003
Repassed by Senate August 7, 2003
...........................................................
President of Senate
Enrolled House Bill 2594 (HB 2594-ACCA) Page 9
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2594 (HB 2594-ACCA) Page 10