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 1844
 
                         House Bill 2732
 
Sponsored by Representative PROZANSKI; Representatives BARKER,
  KRIEGER, PATRIDGE, Senator MINNIS
 
 
                             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.
 
  Modifies distribution scheme for fines imposed for traffic
offenses for which prosecution was initiated by city police
officers.
 
                        A BILL FOR AN ACT
Relating to monetary obligations imposed for traffic offenses;
  creating new provisions; and amending ORS 153.630.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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  { - , - }
 { + or + } municipal or quasi-municipal corporation, to be
credited and distributed under ORS 137.293 and 137.295 { + :
  (A) + } To the treasurer of the city  { - , - }   { + or + }
municipal or quasi-municipal corporation by which such police
officer is employed, as a monetary obligation to that political
subdivision of the state { +  if the offense occurred within the
boundaries of the city or municipal or quasi-municipal
corporation; or
  (B) As a monetary obligation payable to the state if the
offense occurred outside the boundaries of the city or municipal
or quasi-municipal corporation + }.
  (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.
  (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 of fines and costs collected in a justice or
municipal court under this section shall be made within the first
20 days of the month following the month in which collected.
  SECTION 2.  { + The amendments to ORS 153.630 by section 1 of
this 2003 Act apply to traffic offenses committed on or after the
effective date of this 2003 Act. + }
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