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 1397
A-Engrossed
House Bill 2729
Ordered by the House April 17
Including House Amendments dated April 17
Sponsored by Representatives PROZANSKI, BARKER; Representatives
KRIEGER, PATRIDGE, Senator MINNIS (at the request of Lane
County District Attorney's Office)
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.
Removes requirement that name and address of person to whom
court should disburse payments appear in money judgment in
criminal action.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to judgments in criminal actions; amending ORS 137.071;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.071 is amended to read:
137.071. This section establishes requirements for judgments in
actions and proceedings resulting from a person being accused and
tried for the commission of an offense. The judge shall assure
the creation and filing of a judgment that complies with this
section in such action or proceedings. On appeal, the appellate
court may give leave as provided in ORS 19.270 for entry of a
judgment that complies with this section but may not reverse or
set aside a judgment, determination or disposition on the sole
ground that the document fails to comply with this section. No
particular form of words is required, but every judgment in a
criminal action or proceeding must comply with all the following:
(1) It must be in writing, plainly titled as a judgment and set
forth in a separate document.
(2) It must clearly identify the court and file number or other
identifier used by the court for that case.
(3) It must clearly identify the defendant.
(4) It must clearly identify all of the following:
(a) The attorney for the state; and
(b) The attorney, if any, for the defendant, whether the court
determined the defendant to be indigent for purposes of court
appointed counsel in the case, and, if so, whether the court
appointed counsel for the defendant in the case. If there is no
attorney for the defendant, it must specify whether the defendant
knowingly waived any right to an attorney after having been
informed of that right.
(5) It must include the identity of the recorder or reporter
for the proceeding or action who is to be served under ORS
138.081.
(6) It must include any information specifically required by
statute or by court rule.
(7) It must specify clearly the court's determination for each
charge in the information, indictment or complaint.
(8) It must specify clearly the court's disposition, including
all legal consequences the court establishes or imposes. If the
determination is one of conviction, it must include any
suspension of sentence, forfeiture, imprisonment, cancellation of
license, removal from office, monetary obligation, probation,
conditions of probation, discharge, restitution, community
service and all other sentences and legal consequences imposed by
the court. Nothing in this subsection requires the judgment to
specify any consequences that may result from the determination
but are not established or imposed by the court.
(9) Any money judgment must comply with this subsection and
subsection (10) of this section. A judgment that does not comply
with this subsection and subsection (10) of this section is
subject to not being docketed in the judgment docket as provided
under ORS 137.180 until it is amended to become a money judgment
and to so comply. A money judgment must include all the
following:
(a) The identity of the judgment creditor.
(b) The identity of the judgment debtor.
(c) If restitution or compensatory fine is ordered, the name
and address of the person to whom the court should disburse
payments { - . This paragraph does not require the name and
address of the victim, but may include other persons designated
by the victim who will pass the restitution or fine on to the
victim without requiring the victim's name and address to be a
public record. - } { + , unless the victim requests that this
information be exempt from disclosure in the public record. + }
(d) The amount of the money judgment. The following apply to
the amount of the money judgment:
(A)(i) Except as otherwise provided in sub-subparagraph (ii) of
this subparagraph, this paragraph requires both the total amount
of the money judgment, excluding any amount that is suspended,
and a listing of amounts and identification for the fines,
assessments, costs, restitution and any other monetary
obligations imposed in the sentence as part of the money
judgment.
(ii) When the court is unable to determine the full amount of
restitution at the time of sentencing, the court may include the
amount that can be determined or establish a maximum amount based
on a recommendation by the district attorney subject to
modification under ORS 137.107.
(B) Except as provided in ORS 137.107, money required to be
paid as a condition of probation:
(i) Is a money judgment that survives and remains payable after
revocation of probation if the amount is included in the money
judgment section.
(ii) Is not a money judgment or docketable in the judgment
docket and does not survive revocation of probation if not
included in the money judgment section, even if the amount is
included in another part of the judgment, unless the money
judgment is amended under ORS 137.107.
(e) If other than immediate payment is permitted, the specific
terms of payment imposed or allowed by the court.
(f) A statement specifying whether all or any part of any
monetary obligation is suspended. This paragraph does not require
a response that no monetary obligation was suspended if that is
the case. In those instances where there is no statement that any
monetary obligation is suspended, it shall be deemed that no
monetary obligation or any part is suspended.
(10) The requirements of subsection (9) of this section must be
presented in the following manner:
(a) The information must be presented in a separate, discrete
section immediately above the judge's signature.
(b) The separate section must be clearly labeled at its
beginning as a money judgment.
(c) The information required under subsection (9) of this
section must be presented in the same order as set forth in that
subsection.
(d) The separate section must contain no other provisions
except what is specifically required by this subsection and
subsection (9) of this section and shall not include requirements
to pay money that are not part of the money judgment.
(11) It must be signed by the judge rendering the judgment and
dated as of the date of signature.
SECTION 2. ORS 137.071, as amended by section 88, chapter 962,
Oregon Laws 2001, is amended to read:
137.071. This section establishes requirements for judgments in
actions and proceedings resulting from a person being accused and
tried for the commission of an offense. The judge shall assure
the creation and filing of a judgment that complies with this
section in such action or proceedings. On appeal, the appellate
court may give leave as provided in ORS 19.270 for entry of a
judgment that complies with this section but may not reverse or
set aside a judgment, determination or disposition on the sole
ground that the document fails to comply with this section. No
particular form of words is required, but every judgment in a
criminal action or proceeding must comply with all the following:
(1) It must be in writing, plainly titled as a judgment and set
forth in a separate document.
(2) It must clearly identify the court and file number or other
identifier used by the court for that case.
(3) It must clearly identify the defendant.
(4) It must clearly identify all of the following:
(a) The attorney for the state;
(b) The attorney, if any, for the defendant;
(c) Whether the defendant was determined to be financially
eligible for purposes of appointed counsel in the case;
(d) Whether the court appointed counsel for the defendant in
the case; and
(e) If there is no attorney for the defendant, whether the
defendant knowingly waived any right to an attorney after having
been informed of that right.
(5) It must include the identity of the recorder or reporter
for the proceeding or action who is to be served under ORS
138.081.
(6) It must include any information specifically required by
statute or by court rule.
(7) It must specify clearly the court's determination for each
charge in the information, indictment or complaint.
(8) It must specify clearly the court's disposition, including
all legal consequences the court establishes or imposes. If the
determination is one of conviction, it must include any
suspension of sentence, forfeiture, imprisonment, cancellation of
license, removal from office, monetary obligation, probation,
conditions of probation, discharge, restitution, community
service and all other sentences and legal consequences imposed by
the court. Nothing in this subsection requires the judgment to
specify any consequences that may result from the determination
but are not established or imposed by the court.
(9) Any money judgment must comply with this subsection and
subsection (10) of this section. A judgment that does not comply
with this subsection and subsection (10) of this section is
subject to not being docketed in the judgment docket as provided
under ORS 137.180 until it is amended to become a money judgment
and to so comply. A money judgment must include all the
following:
(a) The identity of the judgment creditor.
(b) The identity of the judgment debtor.
(c) If restitution or compensatory fine is ordered, the name
and address of the person to whom the court should disburse
payments { - . This paragraph does not require the name and
address of the victim, but may include other persons designated
by the victim who will pass the restitution or fine on to the
victim without requiring the victim's name and address to be a
public record. - } { + , unless the victim requests that this
information be exempt from disclosure in the public record. + }
(d) The amount of the money judgment. The following apply to
the amount of the money judgment:
(A)(i) Except as otherwise provided in sub-subparagraph (ii) of
this subparagraph, this paragraph requires both the total amount
of the money judgment, excluding any amount that is suspended,
and a listing of amounts and identification for the fines,
assessments, costs, restitution and any other monetary
obligations imposed in the sentence as part of the money
judgment.
(ii) When the court is unable to determine the full amount of
restitution at the time of sentencing, the court may include the
amount that can be determined or establish a maximum amount based
on a recommendation by the district attorney subject to
modification under ORS 137.107.
(B) Except as provided in ORS 137.107, money required to be
paid as a condition of probation:
(i) Is a money judgment that survives and remains payable after
revocation of probation if the amount is included in the money
judgment section.
(ii) Is not a money judgment or docketable in the judgment
docket and does not survive revocation of probation if not
included in the money judgment section, even if the amount is
included in another part of the judgment, unless the money
judgment is amended under ORS 137.107.
(e) If other than immediate payment is permitted, the specific
terms of payment imposed or allowed by the court.
(f) A statement specifying whether all or any part of any
monetary obligation is suspended. This paragraph does not require
a response that no monetary obligation was suspended if that is
the case. In those instances where there is no statement that any
monetary obligation is suspended, it shall be deemed that no
monetary obligation or any part is suspended.
(10) The requirements of subsection (9) of this section must be
presented in the following manner:
(a) The information must be presented in a separate, discrete
section immediately above the judge's signature.
(b) The separate section must be clearly labeled at its
beginning as a money judgment.
(c) The information required under subsection (9) of this
section must be presented in the same order as set forth in that
subsection.
(d) The separate section must contain no other provisions
except what is specifically required by this subsection and
subsection (9) of this section and shall not include requirements
to pay money that are not part of the money judgment.
(11) It must be signed by the judge rendering the judgment and
dated as of the date of signature.
SECTION 3. { + 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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