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 2893
A-Engrossed
House Bill 2759
Ordered by the House June 30
Including House Amendments dated June 30
Sponsored by COMMITTEE ON JUDICIARY
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.
{ - Eliminates legislative policy and intent that judges of
circuit court need adequate court services to assist courts in
exercising jurisdiction over family and family-related
matters. - }
{ + Creates surcharge on certain fees collected by circuit
court, Court of Appeals and Supreme Court commencing September 1,
2003, and ending June 30, 2005. Increases certain court fees
beginning July 1, 2005.
Directs court to refund trial fees if certain claims are
decided before trial begins.
Establishes Judicial Department Operating Account to be used
only to pay operating expenses of department.
Increases fines for certain crimes and violations.
Increases fees to fund legal aid programs and mediation
programs.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 8.445,
9.574, 21.010, 21.040, 21.110, 21.111, 21.112, 21.114, 21.270,
21.275, 21.310, 21.325, 21.480, 21.605, 24.190, 34.340, 36.350,
36.355, 36.520, 46.488, 46.570, 52.635, 105.130, 107.434,
108.130, 112.820, 114.515, 135.921, 138.053, 138.222, 138.560,
153.018, 153.093, 153.125, 161.566, 161.568, 161.625, 161.635,
419B.555 and 813.240; appropriating money; declaring an
emergency; and providing for revenue raising that requires
approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
{ +
FEE INCREASES + }
SECTION 1. ORS 21.010 is amended to read:
21.010. (1) Except as provided in subsection (2) of this
section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals
shall pay a filing fee of $140 in the manner prescribed by ORS
19.265. The respondent in such case { + and any other person
appearing in the appeal + }, upon entering first appearance or
filing first brief in the court, shall pay to the State Court
Administrator the sum of $84. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
(2) Filing and appearance fees shall not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of allegedly mentally ill
persons under ORS 426.135 or allegedly mentally retarded persons
under ORS 427.295, or on judicial review of orders of the
Psychiatric Security Review Board under ORS 161.385 (8) or orders
of the State Board of Parole and Post-Prison Supervision.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
{ + (5) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the appellant in an appeal or the
petitioner in a judicial review in the Supreme Court or the Court
of Appeals shall pay a surcharge of $42 in the manner prescribed
by ORS 19.265. The respondent in the case, upon entering first
appearance or filing first brief in the court, shall pay to the
State Court Administrator a surcharge of $25. + }
SECTION 2. { + The amendments to ORS 21.010 by section 1 of
this 2003 Act apply only to appeals filed on or after September
1, 2003. + }
SECTION 3. ORS 21.010, as amended by section 1 of this 2003
Act, is amended to read:
21.010. (1) Except as provided in subsection (2) of this
section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals
shall pay a filing fee of { - $140 - } { + $154 + } in the
manner prescribed by ORS 19.265. The respondent in such case and
any other person appearing in the appeal, upon entering first
appearance or filing first brief in the court, shall pay to the
State Court Administrator the sum of { - $84 - } { + $92 + }.
The party entitled to costs and disbursements on such appeal
shall recover from the opponent the amount so paid.
(2) Filing and appearance fees shall not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of allegedly mentally ill
persons under ORS 426.135 or allegedly mentally retarded persons
under ORS 427.295, or on judicial review of orders of the
Psychiatric Security Review Board under ORS 161.385 (8) or orders
of the State Board of Parole and Post-Prison Supervision.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
{ - (5) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the appellant in an appeal or the
petitioner in a judicial review in the Supreme Court or the Court
of Appeals shall pay a surcharge of $42 in the manner prescribed
by ORS 19.265. The respondent in the case, upon entering first
appearance or filing first brief in the court, shall pay to the
State Court Administrator a surcharge of $25. - }
SECTION 4. { + The amendments to ORS 21.010 by section 3 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 5. ORS 21.040 is amended to read:
21.040. { + (1) + } In cases of original jurisdiction in the
Supreme Court, the plaintiff or moving party shall pay $35 and
the defendant or respondent shall pay $20 on the filing of their
first paper.
{ + (2) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, in cases of original jurisdiction in
the Supreme Court, the plaintiff or moving party shall pay a
surcharge of $11 and the defendant or respondent shall pay a
surcharge of $6 on the filing of their first paper. + }
SECTION 6. ORS 21.040, as amended by section 5 of this 2003
Act, is amended to read:
21.040. { - (1) - } In cases of original jurisdiction in the
Supreme Court, the plaintiff or moving party shall pay
{ - $35 - } { + $39 + } and the defendant or respondent shall
pay { - $20 - } { + $22 + } on the filing of their first
paper.
{ - (2) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, in cases of original jurisdiction in
the Supreme Court, the plaintiff or moving party shall pay a
surcharge of $11 and the defendant or respondent shall pay a
surcharge of $6 on the filing of their first paper. - }
SECTION 7. { + The amendments to ORS 21.040 by section 6 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 8. ORS 21.110 is amended to read:
21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $97 as a flat and uniform filing fee. { - The clerk
shall also, - } { + In addition, + } at the time of filing any
appearance in any such action, suit or proceeding { - upon the
part of - } { + by + } any defendant or respondent
{ - appearing separately, or upon the part of defendants or
respondents appearing jointly - } , { + the clerk shall + }
collect from { - such - } { + the + } party { - or
parties - } the sum of $73 as a flat and uniform filing fee.
(2) In the following actions, the clerk of the circuit court
shall collect the sum of $62 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $46 as a flat and
uniform filing fee from any defendant or respondent
{ - appearing separately, or upon the part of defendants or
respondents appearing jointly, - } at the time of filing any
appearance in the action:
(a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
(f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
(3) For purposes of subsection (2) of this section, the amount
claimed, value of property, damages or any amount in controversy
does not include any amount claimed as costs and disbursements or
attorney fees as defined by ORCP 68 A.
(4) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid { + by the person filing
the paper or pleading, + } or if a request for a fee waiver or
deferral is granted by the court. No part of any such filing fee
shall be refunded to any party. The uniform fee shall cover all
services to be performed by the court or clerk in any such
action, suit or proceeding, except where additional fees are
specially authorized by law.
(5) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
(6) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
{ - or - }
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130 { + ;
or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party to an action or proceeding + }.
(7) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
{ + (8)(a) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, at the time of filing in the circuit
court of any civil action, suit or proceeding, including appeals,
the clerk of the circuit court shall collect from the plaintiff,
appellant or moving party a surcharge of $29. The clerk shall
also, at the time of filing any appearance in any such action,
suit or proceeding upon the part of any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, collect from such party or parties
a surcharge of $22.
(b) In addition to the fees provided for in subsection (2) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the circuit court shall
collect a surcharge of $19 from the plaintiff, appellant or
moving party, and shall collect a surcharge of $14 from any
defendant or respondent appearing separately, or upon the part of
defendants or respondents appearing jointly, in the actions
described in subsection (2) of this section. + }
SECTION 9. { + The amendments to ORS 21.110 by section 8 of
this 2003 Act apply only to actions and proceedings, including
appeals, filed in circuit courts on or after September 1,
2003. + }
SECTION 10. ORS 21.110, as amended by section 8 of this 2003
Act, is amended to read:
21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of { - $97 - } { + $107 + } as a flat and uniform filing
fee. In addition, at the time of filing any appearance in any
such action, suit or proceeding by any defendant or respondent,
the clerk shall collect from the party the sum of { - $73 - }
{ + $80 + } as a flat and uniform filing fee.
(2) In the following actions, the clerk of the circuit court
shall collect the sum of { - $62 - } { + $68 + } as a flat
and uniform filing fee from the plaintiff, appellant or moving
party at the time the action is filed, and shall collect the sum
of { - $46 - } { + $51 + } as a flat and uniform filing fee
from any defendant or respondent at the time of filing any
appearance in the action:
(a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
(f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
(3) For purposes of subsection (2) of this section, the amount
claimed, value of property, damages or any amount in controversy
does not include any amount claimed as costs and disbursements or
attorney fees as defined by ORCP 68 A.
(4) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid by the person filing the
paper or pleading, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be
refunded to any party. The uniform fee shall cover all services
to be performed by the court or clerk in any such action, suit or
proceeding, except where additional fees are specially authorized
by law.
(5) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
(6) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party to an action or proceeding.
(7) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
{ - (8)(a) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, at the time of filing in the circuit
court of any civil action, suit or proceeding, including appeals,
the clerk of the circuit court shall collect from the plaintiff,
appellant or moving party a surcharge of $29. The clerk shall
also, at the time of filing any appearance in any such action,
suit or proceeding upon the part of any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, collect from such party or parties
a surcharge of $22. - }
{ - (b) In addition to the fees provided for in subsection
(2) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the circuit court shall
collect a surcharge of $19 from the plaintiff, appellant or
moving party, and shall collect a surcharge of $14 from any
defendant or respondent appearing separately, or upon the part of
defendants or respondents appearing jointly, in the actions
described in subsection (2) of this section. - }
SECTION 11. { + The amendments to ORS 21.110 by section 10 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 12. ORS 21.111 is amended to read:
21.111. (1) In the proceedings specified in subsection (2) of
this section, the clerk of the circuit court shall collect the
sum of $90 as a flat and uniform filing fee from the petitioner
at the time the petition is filed, and shall collect the sum of
$46 as a flat and uniform filing fee from the respondent upon the
respondent making an appearance.
(2) The filing fee established by subsection (1) of this
section shall be collected by the clerk in the following
proceedings:
(a) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(b) Filiation proceedings under ORS 109.124 to 109.230.
(c) Proceedings to determine custody or support of a child
under ORS 109.103.
(3) In addition to all other fees collected, the clerk of the
circuit court shall collect from the moving party a fee of $45 at
the time of the filing of a motion { - for the modification
of - } { + after entry of + } a decree of marital annulment,
dissolution or separation { - , if the motion is filed more than
one year after the entry of the decree in the register of the
court - } . { - No - } { + A + } fee { + of $35 + } shall be
charged to the responding party at the time a response is filed
to the motion. { + The fee provided for in this subsection does
not apply to any pleading under ORCP 68, 69 or 71. + }
(4) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court. No part of any such
filing fee shall be refunded to any party. The uniform fee shall
cover all services to be performed by the court or clerk in any
of the proceedings, except where additional fees are specially
authorized by law.
(5) Any petitioner or respondent that files a petition or
appearance that is subject to the filing fees established under
subsection (1) of this section must include in the caption of the
pleading the following words: 'Domestic relations case subject to
fee under ORS 21.111. '
(6) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
{ + (7)(a) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, in the proceedings specified in
subsection (2) of this section the clerk of the circuit court
shall collect a surcharge of $27 from the petitioner at the time
the petition is filed, and shall collect a surcharge of $14 from
the respondent upon the respondent making an appearance.
(b) In addition to the fees provided for in subsection (3) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the circuit court shall
collect from the moving party a surcharge of $14 at the time of
the filing of a motion for the modification of a decree of
marital annulment, dissolution or separation, if the motion is
filed more than one year after the entry of the decree in the
register of the court. + }
SECTION 13. { + The amendments to ORS 21.111 by section 12 of
this 2003 Act apply only to motions filed on or after September
1, 2003. + }
SECTION 14. ORS 21.111, as amended by section 12 of this 2003
Act, is amended to read:
21.111. (1) In the proceedings specified in subsection (2) of
this section, the clerk of the circuit court shall collect the
sum of { - $90 - } { + $99 + } as a flat and uniform filing
fee from the petitioner at the time the petition is filed, and
shall collect the sum of
{ - $46 - } { + $51 + } as a flat and uniform filing fee from
the respondent upon the respondent making an appearance.
(2) The filing fee established by subsection (1) of this
section shall be collected by the clerk in the following
proceedings:
(a) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(b) Filiation proceedings under ORS 109.124 to 109.230.
(c) Proceedings to determine custody or support of a child
under ORS 109.103.
(3) In addition to all other fees collected, the clerk of the
circuit court shall collect from the moving party a fee of
{ - $45 - } { + $50 + } at the time of the filing of a motion
after entry of a decree of marital annulment, dissolution or
separation. A fee of $35 shall be charged to the responding party
at the time a response is filed to the motion. The fee provided
for in this subsection does not apply to any pleading under ORCP
68, 69 or 71.
(4) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court. No part of any such
filing fee shall be refunded to any party. The uniform fee shall
cover all services to be performed by the court or clerk in any
of the proceedings, except where additional fees are specially
authorized by law.
(5) Any petitioner or respondent that files a petition or
appearance that is subject to the filing fees established under
subsection (1) of this section must include in the caption of the
pleading the following words: 'Domestic relations case subject to
fee under ORS 21.111. '
(6) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
{ - (7)(a) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, in the proceedings specified in
subsection (2) of this section the clerk of the circuit court
shall collect a surcharge of $27 from the petitioner at the time
the petition is filed, and shall collect a surcharge of $14 from
the respondent upon the respondent making an appearance. - }
{ - (b) In addition to the fees provided for in subsection
(3) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the circuit court shall
collect from the moving party a surcharge of $14 at the time of
the filing of a motion for the modification of a decree of
marital annulment, dissolution or separation, if the motion is
filed more than one year after the entry of the decree in the
register of the court. - }
SECTION 15. { + The amendments to ORS 21.111 by section 14 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 16. ORS 21.114 is amended to read:
21.114. (1) In a court having jurisdiction, the clerk of the
court shall charge and collect:
(a) In an adoption proceeding, a first appearance fee of $35
from the party filing the petition for adoption, and a first
appearance fee of $21 from an objecting party appearing
separately or objecting parties appearing jointly.
(b) In a change of name proceeding, a first appearance fee of
$35 from the party filing the application for change of name, and
a first appearance fee of $21 from an objecting party appearing
separately or objecting parties appearing jointly.
(2) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court.
(3) In any adoption or change of name proceeding in a court
having jurisdiction, the clerk of the court shall charge and
collect in advance from the party having the affirmative of the
issue, at the time the proceeding comes on for trial or hearing
upon the issues of fact or law involved therein, a trial or
hearing fee of $35.
{ + (4) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall charge and
collect:
(a) In an adoption proceeding, a surcharge of $11 from the
party filing the petition for adoption, and a surcharge of $6
from an objecting party appearing separately or objecting parties
appearing jointly.
(b) In a change of name proceeding, a surcharge of $11 from the
party filing the application for change of name, and a surcharge
of $6 from an objecting party appearing separately or objecting
parties appearing jointly.
(5) In addition to the fee provided for in subsection (3) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, in any adoption or change of name
proceeding in a court having jurisdiction, the clerk of the court
shall charge and collect in advance from the party having the
affirmative of the issue, at the time the proceeding comes on for
trial or hearing upon the issues of fact or law involved therein,
a surcharge of $11. + }
SECTION 17. ORS 21.114, as amended by section 16 of this 2003
Act, is amended to read:
21.114. (1) In a court having jurisdiction, the clerk of the
court shall charge and collect:
(a) In an adoption proceeding, a first appearance fee of
{ - $35 - } { + $39 + } from the party filing the petition
for adoption, and a first appearance fee of { - $21 - } { +
$23 + } from an objecting party appearing separately or objecting
parties appearing jointly.
(b) In a change of name proceeding, a first appearance fee of
{ - $35 - } { + $39 + } from the party filing the application
for change of name, and a first appearance fee of { - $21 - }
{ + $23 + } from an objecting party appearing separately or
objecting parties appearing jointly.
(2) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court.
(3) In any adoption or change of name proceeding in a court
having jurisdiction, the clerk of the court shall charge and
collect in advance from the party having the affirmative of the
issue, at the time the proceeding comes on for trial or hearing
upon the issues of fact or law involved therein, a trial or
hearing fee of { - $35 - } { + $39 + }.
{ - (4) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall charge and
collect: - }
{ - (a) In an adoption proceeding, a surcharge of $11 from
the party filing the petition for adoption, and a surcharge of $6
from an objecting party appearing separately or objecting parties
appearing jointly. - }
{ - (b) In a change of name proceeding, a surcharge of $11
from the party filing the application for change of name, and a
surcharge of $6 from an objecting party appearing separately or
objecting parties appearing jointly. - }
{ - (5) In addition to the fee provided for in subsection (3)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, in any adoption or change of name
proceeding in a court having jurisdiction, the clerk of the court
shall charge and collect in advance from the party having the
affirmative of the issue, at the time the proceeding comes on for
trial or hearing upon the issues of fact or law involved therein,
a surcharge of $11. - }
SECTION 18. { + The amendments to ORS 21.114 by section 17 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 19. ORS 21.270 is amended to read:
21.270. (1) In any civil action, suit or proceeding in the
circuit court, other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name proceeding,
trial fees shall be collected as provided in this section.
(2) The clerk of the circuit court shall collect from the
plaintiff, appellant or moving party, for a trial on the merits
without a jury, a trial fee of $70 for each full or partial day
of the trial. The amount of the fee for the first day of trial
shall be collected in advance { - at the time - } { + and is
due and payable when + } the action, suit or proceeding
{ - comes on - } { + is set + } for trial. The amount of the
fee for subsequent days of trial shall be collected on the day
the trial concludes.
(3)(a) The clerk shall collect from the plaintiff or appellant,
for a trial by a jury of more than six persons, a jury trial fee
of $175 for each full or partial day of the trial. The clerk
shall collect from the plaintiff or appellant, for a trial by a
jury of six persons, a jury trial fee of $100 for each full or
partial day of the trial. The amount of the fee for the first day
of trial shall be collected in advance { - at the time - }
{ + and is due and payable when + } the action, suit or
proceeding { - comes on - } { + is set + } for trial by jury.
The amount of the fee for subsequent days of trial shall be
collected on the day the trial concludes.
(b) If the plaintiff or appellant waives a trial by jury, and
the defendant or respondent desires a trial by jury, the clerk
shall collect the jury trial fee from the defendant or
respondent, and not from the plaintiff or appellant.
(c) A case in which the jury trial fee for the first day of
trial has not been paid shall be tried by the court without a
jury, unless the court otherwise orders. If a case in which the
jury trial fee for the first day of trial has not been paid is
tried by a jury { - by order of court - } , the clerk shall tax
against the losing party { - as costs and disbursements, to be
collected for the benefit of the state, - } the total amount of
the jury trial fee. { + The jury trial fee constitutes a
monetary obligation payable to the court, and may be made part of
the judgment in the case by the clerk without further notice to
the debtor or further order of the court. + }
{ - (d) The trial fee provided for in subsection (2) of this
section shall not be collected in any case in which a jury trial
fee has been paid by either party and not refunded. - }
(4) If a counterclaim, cross-claim or third party claim is
tried on any day other than a day on which the claim of the
plaintiff is tried, the clerk shall collect from the party
asserting the counterclaim, cross-claim or third party claim the
trial fee or jury trial fee, whichever is applicable, for that
day, and shall not collect the applicable fee for that day from
the plaintiff. If the party asserting a counterclaim, cross-claim
or third party claim waives a trial by jury on the claim, and the
party defending against the claim desires a trial by jury on the
claim, the clerk shall collect the jury trial fee from the
defending party and not from the asserting party.
(5) The fees provided for in this section include any reporting
of the trial proceedings, but not the preparation of transcripts
of a report.
(6) Except as otherwise provided in subsection (3)(c) of this
section, the fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
{ + (7) A court shall order that a trial fee paid under the
provisions of this section be refunded to the party that paid the
fee if all claims in the action or proceeding are decided without
the commencement of a trial and the party that paid the fee files
a motion and affidavit requesting refund of the fee not more than
15 days after entry of judgment disposing of the action or
proceeding. + }
{ + (8)(a) In addition to the trial fee provided for in
subsection (2) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the clerk of the
circuit court shall collect from the plaintiff, appellant or
moving party, for a trial on the merits without a jury, a
surcharge on the trial fee of $21 for each full or partial day of
the trial.
(b) In addition to the jury trial fee provided for in
subsection (3) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the clerk shall
collect from the plaintiff or appellant, for a trial by a jury of
more than six persons, a surcharge on the jury trial fee of $53
for each full or partial day of the trial. The clerk shall
collect from the plaintiff or appellant, for a trial by a jury of
six persons, a surcharge on the jury trial fee of $30 for each
full or partial day of the trial. + }
SECTION 20. { + The amendments to ORS 21.270 by section 19 of
this 2003 Act apply only to actions or proceedings filed on or
after September 1, 2003. + }
SECTION 21. ORS 21.270, as amended by section 19 of this 2003
Act, is amended to read:
21.270. (1) In any civil action, suit or proceeding in the
circuit court, other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name proceeding,
trial fees shall be collected as provided in this section.
(2) The clerk of the circuit court shall collect from the
plaintiff, appellant or moving party, for a trial on the merits
without a jury, a trial fee of { - $70 - } { + $77 + } for
each full or partial day of the trial. The amount of the fee for
the first day of trial shall be collected in advance and is due
and payable when the action, suit or proceeding is set for trial.
The amount of the fee for subsequent days of trial shall be
collected on the day the trial concludes.
(3)(a) The clerk shall collect from the plaintiff or appellant,
for a trial by a jury of more than six persons, a jury trial fee
of { - $175 - } { + $193 + } for each full or partial day of
the trial. The clerk shall collect from the plaintiff or
appellant, for a trial by a jury of six persons, a jury trial fee
of { - $100 - } { + $110 + } for each full or partial day of
the trial. The amount of the fee for the first day of trial shall
be collected in advance and is due and payable when the action,
suit or proceeding is set for trial by jury. The amount of the
fee for subsequent days of trial shall be collected on the day
the trial concludes.
(b) If the plaintiff or appellant waives a trial by jury, and
the defendant or respondent desires a trial by jury, the clerk
shall collect the jury trial fee from the defendant or
respondent, and not from the plaintiff or appellant.
(c) A case in which the jury trial fee for the first day of
trial has not been paid shall be tried by the court without a
jury, unless the court otherwise orders. If a case in which the
jury trial fee for the first day of trial has not been paid is
tried by a jury, the clerk shall tax against the losing party the
total amount of the jury trial fee. The jury trial fee
constitutes a monetary obligation payable to the court, and may
be made part of the judgment in the case by the clerk without
further notice to the debtor or further order of the court.
(4) If a counterclaim, cross-claim or third party claim is
tried on any day other than a day on which the claim of the
plaintiff is tried, the clerk shall collect from the party
asserting the counterclaim, cross-claim or third party claim the
trial fee or jury trial fee, whichever is applicable, for that
day, and shall not collect the applicable fee for that day from
the plaintiff. If the party asserting a counterclaim, cross-claim
or third party claim waives a trial by jury on the claim, and the
party defending against the claim desires a trial by jury on the
claim, the clerk shall collect the jury trial fee from the
defending party and not from the asserting party.
(5) The fees provided for in this section include any reporting
of the trial proceedings, but not the preparation of transcripts
of a report.
(6) Except as otherwise provided in subsection (3)(c) of this
section, the fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
(7) A court shall order that a trial fee paid under the
provisions of this section be refunded to the party that paid the
fee if all claims in the action or proceeding are decided without
the commencement of a trial and the party that paid the fee files
a motion and affidavit requesting refund of the fee not more than
15 days after entry of judgment disposing of the action or
proceeding.
{ - (8)(a) In addition to the trial fee provided for in
subsection (2) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the clerk of the
circuit court shall collect from the plaintiff, appellant or
moving party, for a trial on the merits without a jury, a
surcharge on the trial fee of $21 for each full or partial day of
the trial. - }
{ - (b) In addition to the jury trial fee provided for in
subsection (3) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the clerk shall
collect from the plaintiff or appellant, for a trial by a jury of
more than six persons, a surcharge on the jury trial fee of $53
for each full or partial day of the trial. The clerk shall
collect from the plaintiff or appellant, for a trial by a jury of
six persons, a surcharge on the jury trial fee of $30 for each
full or partial day of the trial. - }
SECTION 22. { + The amendments to ORS 21.270 by section 21 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 23. ORS 21.275 is amended to read:
21.275. (1) In any civil action, suit or proceeding in the
circuit court, other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name proceeding,
hearing fees for reported hearings shall be collected as provided
in this section. There is no hearing fee under this section for a
hearing not reported.
(2) As used in this section:
(a) 'Hearing' means an actual appearance of one or more parties
before the court for an examination by the court without a jury,
other than a trial or during a trial for which a trial fee is
required, of issues of fact or law arising from a motion,
application, petition or other paper filed with the court by a
moving party, but does not include a conference solely for the
purpose of case settlement or case scheduling.
(b) 'Moving party' means a party who files with the court a
motion, application, petition or other paper referred to in
paragraph (a) of this subsection.
(c) 'Nonmoving party' means a party other than a moving party.
(3) The clerk of the circuit court shall collect the hearing
fees. The fee for a reported hearing is $30 if the hearing period
is not more than three hours or $70 if the hearing period is more
than three hours. The fee does not include the preparation of
transcripts of a report.
(4) If a hearing in respect to the paper filed by the moving
party is required by statute or rule, the paper shall indicate
whether the moving party requests that the hearing be reported,
and if reporting is requested, shall contain an estimate of the
hearing period. If the moving party requests reporting, the
moving party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the paper is filed. If the
moving party does not request reporting and a nonmoving party
files a request for reporting with the court, the request shall
contain an estimate of the hearing period, and the nonmoving
party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the request is filed.
(5) If a hearing in respect to the paper filed by the moving
party is not required by statute or rule, the paper shall
indicate whether the moving party requests a hearing. The paper
also shall indicate whether the moving party requests that the
hearing be reported, and if reporting is requested, shall contain
an estimate of the hearing period. If the moving party requests
reporting, the moving party shall pay the applicable hearing fee,
based upon the estimate of the hearing period, when the paper is
filed. If the moving party does not request reporting and a
nonmoving party files a request for reporting with the court, the
request shall contain an estimate of the hearing period, and the
nonmoving party shall pay the applicable hearing fee, based upon
the estimate of the hearing period, when the request is filed.
(6) If a hearing in respect to the paper filed by the moving
party is not required by statute or rule or requested by the
moving party and a nonmoving party files a request for hearing
with the court, the request also shall indicate whether the
nonmoving party requests that the hearing be reported, and if
reporting is requested, shall contain an estimate of the hearing
period. If the nonmoving party requests reporting the nonmoving
party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the request is filed. If the
nonmoving party does not request reporting and the moving party
files a request for reporting with the court, the request shall
contain an estimate of the hearing period, and the moving party
shall pay the applicable hearing fee, based upon the estimate of
the hearing period, when the request is filed.
(7) If a hearing in respect to the paper filed by the moving
party is not required by statute or rule or requested by a party,
but the court on its own motion orders a hearing and a party
files a request that the hearing be reported with the court, the
request shall contain an estimate of the hearing period, and the
party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the request is filed. If the
court on its own motion orders a hearing, no party requests
reporting and the court on its own motion orders that the hearing
be reported, the court order shall contain an estimate of the
hearing period, and each party shall pay an equal proportionate
share of the applicable hearing fee, based upon the estimate of
the hearing period, before the hearing is held.
(8) No paper containing a request for reporting or other
request for reporting referred to in subsections (4) to (7) of
this section shall be deemed filed unless the fee required by
those subsections of the filing party is paid by the party.
(9) The fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
{ + (10) In addition to the hearing fee provided for in
subsection (3) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the clerk of the
circuit court shall collect a surcharge on the hearing fee of $9
if the hearing period is not more than three hours or $21 if the
hearing period is more than three hours. + }
SECTION 24. ORS 21.275, as amended by section 23 of this 2003
Act, is amended to read:
21.275. (1) In any civil action, suit or proceeding in the
circuit court, other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name proceeding,
hearing fees for reported hearings shall be collected as provided
in this section. There is no hearing fee under this section for a
hearing not reported.
(2) As used in this section:
(a) 'Hearing' means an actual appearance of one or more parties
before the court for an examination by the court without a jury,
other than a trial or during a trial for which a trial fee is
required, of issues of fact or law arising from a motion,
application, petition or other paper filed with the court by a
moving party, but does not include a conference solely for the
purpose of case settlement or case scheduling.
(b) 'Moving party' means a party who files with the court a
motion, application, petition or other paper referred to in
paragraph (a) of this subsection.
(c) 'Nonmoving party' means a party other than a moving party.
(3) The clerk of the circuit court shall collect the hearing
fees. The fee for a reported hearing is { - $30 - } { +
$33 + } if the hearing period is not more than three hours or
{ - $70 - } { + $77 + } if the hearing period is more than
three hours. The fee does not include the preparation of
transcripts of a report.
(4) If a hearing in respect to the paper filed by the moving
party is required by statute or rule, the paper shall indicate
whether the moving party requests that the hearing be reported,
and if reporting is requested, shall contain an estimate of the
hearing period. If the moving party requests reporting, the
moving party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the paper is filed. If the
moving party does not request reporting and a nonmoving party
files a request for reporting with the court, the request shall
contain an estimate of the hearing period, and the nonmoving
party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the request is filed.
(5) If a hearing in respect to the paper filed by the moving
party is not required by statute or rule, the paper shall
indicate whether the moving party requests a hearing. The paper
also shall indicate whether the moving party requests that the
hearing be reported, and if reporting is requested, shall contain
an estimate of the hearing period. If the moving party requests
reporting, the moving party shall pay the applicable hearing fee,
based upon the estimate of the hearing period, when the paper is
filed. If the moving party does not request reporting and a
nonmoving party files a request for reporting with the court, the
request shall contain an estimate of the hearing period, and the
nonmoving party shall pay the applicable hearing fee, based upon
the estimate of the hearing period, when the request is filed.
(6) If a hearing in respect to the paper filed by the moving
party is not required by statute or rule or requested by the
moving party and a nonmoving party files a request for hearing
with the court, the request also shall indicate whether the
nonmoving party requests that the hearing be reported, and if
reporting is requested, shall contain an estimate of the hearing
period. If the nonmoving party requests reporting the nonmoving
party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the request is filed. If the
nonmoving party does not request reporting and the moving party
files a request for reporting with the court, the request shall
contain an estimate of the hearing period, and the moving party
shall pay the applicable hearing fee, based upon the estimate of
the hearing period, when the request is filed.
(7) If a hearing in respect to the paper filed by the moving
party is not required by statute or rule or requested by a party,
but the court on its own motion orders a hearing and a party
files a request that the hearing be reported with the court, the
request shall contain an estimate of the hearing period, and the
party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the request is filed. If the
court on its own motion orders a hearing, no party requests
reporting and the court on its own motion orders that the hearing
be reported, the court order shall contain an estimate of the
hearing period, and each party shall pay an equal proportionate
share of the applicable hearing fee, based upon the estimate of
the hearing period, before the hearing is held.
(8) No paper containing a request for reporting or other
request for reporting referred to in subsections (4) to (7) of
this section shall be deemed filed unless the fee required by
those subsections of the filing party is paid by the party.
(9) The fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
{ - (10) In addition to the hearing fee provided for in
subsection (3) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the clerk of the
circuit court shall collect a surcharge on the hearing fee of $9
if the hearing period is not more than three hours or $21 if the
hearing period is more than three hours. - }
SECTION 25. { + The amendments to ORS 21.275 by section 24 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 26. ORS 21.310 is amended to read:
21.310. (1) Except as provided in ORS 114.515, in a court
having probate jurisdiction, the clerk of the court shall charge
and collect the following fees for the filing of the initial
papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and
contest of wills, or in any conservatorship proceeding:
_________________________________________________________________
Where the amount of the estate is:
1. Not more than $10,000-a fee of $21.
2. More than $10,000 and not more than $25,000-a fee of $70.
3. More than $25,000 and not more than $50,000-a fee of $140.
4. More than $50,000 and not more than $100,000-a fee of $210.
5. More than $100,000 and not more than $500,000-a fee of $280.
6. More than $500,000 and not more than $1,000,000-a fee of
$350.
7. More than $1,000,000-a fee of $420.
_________________________________________________________________
(2) In determining fees under subsection (1) of this section in
a probate proceeding, the amount of a settlement in a wrongful
death action brought for the benefit of the decedent's surviving
spouse or dependents is not part of the estate.
(3) In a court having probate jurisdiction, the clerk shall
charge and collect a fee of $21 for the filing of the initial
papers in any guardianship proceeding.
(4) In a court having probate jurisdiction, the clerk shall
charge and collect a fee of $7 at the time of filing a will
without a petition for probate.
(5) At the time of filing any answer, motion or objection in a
probate proceeding or protective proceeding under ORS chapter
125, the party filing the answer, motion or objection shall pay a
fee of $17 to the clerk.
(6) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court.
(7) In any probate proceeding or protective proceeding under
ORS chapter 125 in a court having probate jurisdiction, the clerk
shall charge and collect in advance from the party having the
affirmative of the issue, at the time the proceeding comes on for
trial or hearing upon the issues of fact or law involved therein,
a trial or hearing fee of $35.
{ + (8)(a) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall charge and
collect the following surcharges for the filing of the initial
papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and
contest of wills, or in any conservatorship proceeding: + }
________________________________________________________________
{ + Where the amount of the estate is:
1. Not more than $10,000-$6.
2. More than $10,000 and not more than $25,000-$21.
3. More than $25,000 and not more than $50,000-$42.
4. More than $50,000 and not more than $100,000-$63.
5. More than $100,000 and not more than $500,000-$84.
6. More than $500,000 and not more than $1,000,000-$105.
7. More than $1,000,000-$126. + }
________________________________________________________________
{ + (b) In addition to the fee provided for in subsection (3)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk shall charge and collect a
surcharge of $6 for the filing of the initial papers in any
guardianship proceeding.
(c) In addition to the fee provided for in subsection (4) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk shall charge and collect a
surcharge of $2 at the time of filing a will without a petition
for probate.
(d) In addition to the fee provided for in subsection (5) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, at the time of filing any answer, motion or
objection in a probate proceeding or protective proceeding under
ORS chapter 125, the party filing the answer, motion or objection
shall pay a surcharge of $5 to the clerk.
(e) In addition to the fee provided for in subsection (7) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk shall charge and collect in
advance from the party having the affirmative of the issue, at
the time the proceeding comes on for trial or hearing upon the
issues of fact or law involved therein, a surcharge on the trial
or hearing fee of $11. + }
SECTION 27. ORS 21.310, as amended by section 26 of this 2003
Act, is amended to read:
21.310. (1) Except as provided in ORS 114.515, in a court
having probate jurisdiction, the clerk of the court shall charge
and collect the following fees for the filing of the initial
papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and
contest of wills, or in any conservatorship proceeding:
_________________________________________________________________
Where the amount of the estate is:
1. Not more than $10,000-a fee of { - $21 - } { + $23 + }.
2. More than $10,000 and not more than $25,000-a fee of
{ - $70 - } { + $77 + }.
3. More than $25,000 and not more than $50,000-a fee of
{ - $140 - } { + $154 + }.
4. More than $50,000 and not more than $100,000-a fee of
{ - $210 - } { + $231 + }.
5. More than $100,000 and not more than $500,000-a fee of
{ - $280 - } { + $308 + }.
6. More than $500,000 and not more than $1,000,000-a fee of
{ - $350 - } { + $385 + }.
7. More than $1,000,000-a fee of { - $420 - } { + $462 + }.
_________________________________________________________________
(2) In determining fees under subsection (1) of this section in
a probate proceeding, the amount of a settlement in a wrongful
death action brought for the benefit of the decedent's surviving
spouse or dependents is not part of the estate.
(3) In a court having probate jurisdiction, the clerk shall
charge and collect a fee of { - $21 - } { + $23 + } for the
filing of the initial papers in any guardianship proceeding.
(4) In a court having probate jurisdiction, the clerk shall
charge and collect a fee of { - $7 - } { + $8 + } at the time
of filing a will without a petition for probate.
(5) At the time of filing any answer, motion or objection in a
probate proceeding or protective proceeding under ORS chapter
125, the party filing the answer, motion or objection shall pay a
fee of { - $17 - } { + $19 + } to the clerk.
(6) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court.
(7) In any probate proceeding or protective proceeding under
ORS chapter 125 in a court having probate jurisdiction, the clerk
shall charge and collect in advance from the party having the
affirmative of the issue, at the time the proceeding comes on for
trial or hearing upon the issues of fact or law involved therein,
a trial or hearing fee of { - $35 - } { + $39 + }.
{ - (8)(a) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall charge and
collect the following surcharges for the filing of the initial
papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and
contest of wills, or in any conservatorship proceeding: - }
µ _____________________________________________________________ º
{ - Where the amount of the estate is: - }
{ - 1. Not more than $10,000 - } - { - $6. - }
{ - 2. More than $10,000 and not more than $25,000 - }
- { - $21. - }
{ - 3. More than $25,000 and not more than $50,000 - }
- { - $42. - }
{ - 4. More than $50,000 and not more than $100,000 - }
- { - $63. - }
{ - 5. More than $100,000 and not more than $500,000 - }
- { - $84. - }
{ - 6. More than $500,000 and not more than $1,000,000 - }
- { - $105. - }
{ - 7. More than $1,000,000 - } - { - $126. - }
µ _____________________________________________________________ º
{ - (b) In addition to the fee provided for in subsection (3)
of this section, for the period commencing September 1, 2003, and
June 30, 2005, the clerk shall charge and collect a surcharge of
$6 for the filing of the initial papers in any guardianship
proceeding. - }
{ - (c) In addition to the fee provided for in subsection (4)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk shall charge and collect a
surcharge of $2 at the time of filing a will without a petition
for probate. - }
{ - (d) In addition to the fee provided for in subsection (5)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, at the time of filing any answer, motion or
objection in a probate proceeding or protective proceeding under
ORS chapter 125, the party filing the answer, motion or objection
shall pay a surcharge of $5 to the clerk. - }
{ - (e) In addition to the fee provided for in subsection (7)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk shall charge and collect in
advance from the party having the affirmative of the issue, at
the time the proceeding comes on for trial or hearing upon the
issues of fact or law involved therein, a surcharge on the trial
or hearing fee of $11. - }
SECTION 28. { + The amendments to ORS 21.310 by section 27 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 29. ORS 21.325 is amended to read:
21.325. { + (1) + } In the circuit court there shall be
charged and collected in advance by the clerk of the court the
following fees for the following purposes and services:
{ - (1) - } { + (a) + } Making transcription from judgment
docket in the format provided in ORCP 70 A, $6.
{ - (2) - } { + (b) + } Filing and docketing transcript of
judgment in the format provided in ORCP 70 A, $6.
{ - (3) - } { + (c) + } Filing and docketing copy of
foreign judgment and affidavit filed as provided in ORS 24.115
and 24.125 or copy of child custody determination of another
state filed as provided in ORS 109.787, $35.
{ - (4) - } { + (d) + } Issuing writs of execution or writs
of garnishment, $4 for each writ.
{ - (5) - } { + (e) + } Preparing clerk's certificate of
satisfaction of judgment, $5.
{ - (6) - } { + (f) + } Issuing an order under ORS 23.710
requiring a judgment debtor to appear when the order is issued by
any court other than the court in which the original judgment was
entered, $4.
{ - (7) - } { + (g) + } Issuing notices of restitution as
provided in ORS 105.151, $3 for each notice.
{ - (8) - } { + (h) + } For any service the clerk may be
required or authorized to perform and for which no fee is
provided by law, such fees as the Chief Justice of the Supreme
Court may establish or authorize, except that a fee may not be
charged for location or inspection of court records.
{ + (2) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall charge and
collect the following surcharges on the following services:
(a) Making transcription from judgment docket in the format
provided in ORCP 70 A, $2.
(b) Filing and docketing transcript of judgment in the format
provided in ORCP 70 A, $2.
(c) Filing and docketing copy of foreign judgment and affidavit
filed as provided in ORS 24.115 and 24.125 or copy of child
custody determination of another state filed as provided in ORS
109.787, $11.
(d) Issuing writs of execution or writs of garnishment, $1 for
each writ.
(e) Preparing clerk's certificate of satisfaction of judgment,
$2.
(f) Issuing an order under ORS 23.710 requiring a judgment
debtor to appear when the order is issued by any court other than
the court in which the original judgment was entered, $1.
(g) Issuing notices of restitution as provided in ORS 105.151,
$1 for each notice. + }
SECTION 30. ORS 21.325, as amended by section 29 of this 2003
Act, is amended to read:
21.325. { - (1) - } In the circuit court there shall be
charged and collected in advance by the clerk of the court the
following fees for the following purposes and services:
{ - (a) - } { + (1) + } Making transcription from judgment
docket in the format provided in ORCP 70 A, { - $6 - } { +
$7 + }.
{ - (b) - } { + (2) + } Filing and docketing transcript of
judgment in the format provided in ORCP 70 A, { - $6 - } { +
$7 + }.
{ - (c) - } { + (3) + } Filing and docketing copy of
foreign judgment and affidavit filed as provided in ORS 24.115
and 24.125 or copy of child custody determination of another
state filed as provided in ORS 109.787, { - $35 - } { +
$39 + }.
{ - (d) - } { + (4) + } Issuing writs of execution or writs
of garnishment, $4 for each writ.
{ - (e) - } { + (5) + } Preparing clerk's certificate of
satisfaction of judgment, { - $5 - } { + $6 + }.
{ - (f) - } { + (6) + } Issuing an order under ORS 23.710
requiring a judgment debtor to appear when the order is issued by
any court other than the court in which the original judgment was
entered, $4.
{ - (g) - } { + (7) + } Issuing notices of restitution as
provided in ORS 105.151, $3 for each notice.
{ - (h) - } { + (8) + } For any service the clerk may be
required or authorized to perform and for which no fee is
provided by law, such fees as the Chief Justice of the Supreme
Court may establish or authorize, except that a fee may not be
charged for location or inspection of court records.
{ - (2) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall charge and
collect the following surcharges on the following services: - }
{ - (a) Making transcription from judgment docket in the
format provided in ORCP 70 A, $2. - }
{ - (b) Filing and docketing transcript of judgment in the
format provided in ORCP 70 A, $2. - }
{ - (c) Filing and docketing copy of foreign judgment and
affidavit filed as provided in ORS 24.115 and 24.125 or copy of
child custody determination of another state filed as provided in
ORS 109.787, $11. - }
{ - (d) Issuing writs of execution or writs of garnishment,
$1 for each writ. - }
{ - (e) Preparing clerk's certificate of satisfaction of
judgment, $2. - }
{ - (f) Issuing an order under ORS 23.710 requiring a
judgment debtor to appear when the order is issued by any court
other than the court in which the original judgment was entered,
$1. - }
{ - (g) Issuing notices of restitution as provided in ORS
105.151, $1 for each notice. - }
SECTION 31. { + The amendments to ORS 21.325 by section 30 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 32. ORS 34.340 is amended to read:
34.340. { + (1) + } The writ shall be allowed by the court or
judge thereof upon the petition of the party for whose relief it
is intended, or of some other person in behalf of the party,
signed and verified by the oath of the plaintiff, to the effect
that the plaintiff believes it to be true. The petition must be
accompanied by a filing fee of $25.
{ + (2) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the court shall collect a
surcharge of $8 upon the filing of a petition for a writ of
habeas corpus. + }
SECTION 33. ORS 34.340, as amended by section 32 of this 2003
Act, is amended to read:
34.340. { - (1) - } The writ shall be allowed by the court
or judge thereof upon the petition of the party for whose relief
it is intended, or of some other person in behalf of the party,
signed and verified by the oath of the plaintiff, to the effect
that the plaintiff believes it to be true. The petition must be
accompanied by a filing fee of { - $25 - } { + $28 + }.
{ - (2) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the court shall collect a
surcharge of $8 upon the filing of a petition for a writ of
habeas corpus. - }
SECTION 34. { + The amendments to ORS 34.340 by section 33 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 35. ORS 36.350 is amended to read:
36.350. (1) The award of the arbitrators, together with the
written agreement to submit, shall be delivered to the clerk of
the circuit court selected to render judgment on the award. After
charging and collecting a fee of $35 therefor, the clerk shall
enter the same of record in the office of the clerk. A copy of
the award, signed by the arbitrators, or a majority of them,
shall also be served upon or delivered to each of the parties
interested in the award, and proof of such service or delivery
shall be filed with the clerk. If no exceptions are filed against
the same within 20 days after such service, judgment shall be
entered as upon the verdict of a jury, and execution may issue
thereon, and the same proceedings may be had upon the award with
like effect as upon a verdict in a civil action.
(2) If the award of the arbitrators requires the payment of
money, including but not limited to payment of costs or attorney
fees, the award must be accompanied by a separate statement that
contains the information required by ORCP 70 A(2)(a) for money
judgments.
{ + (3) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the circuit court shall charge
and collect a surcharge of $11 upon the filing of an arbitrator's
award. + }
SECTION 36. ORS 36.350, as amended by section 35 of this 2003
Act, is amended to read:
36.350. (1) The award of the arbitrators, together with the
written agreement to submit, shall be delivered to the clerk of
the circuit court selected to render judgment on the award. After
charging and collecting a fee of { - $35 - } { + $39 + }
therefor, the clerk shall enter the same of record in the office
of the clerk. A copy of the award, signed by the arbitrators, or
a majority of them, shall also be served upon or delivered to
each of the parties interested in the award, and proof of such
service or delivery shall be filed with the clerk. If no
exceptions are filed against the same within 20 days after such
service, judgment shall be entered as upon the verdict of a jury,
and execution may issue thereon, and the same proceedings may be
had upon the award with like effect as upon a verdict in a civil
action.
(2) If the award of the arbitrators requires the payment of
money, including but not limited to payment of costs or attorney
fees, the award must be accompanied by a separate statement that
contains the information required by ORCP 70 A(2)(a) for money
judgments.
{ - (3) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the circuit court shall charge
and collect a surcharge of $11 upon the filing of an arbitrator's
award. - }
SECTION 37. { + The amendments to ORS 36.350 by section 36 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 38. ORS 36.355 is amended to read:
36.355. (1) Within the period specified in ORS 36.350, the
party against whom an award was made may file with the circuit
court exceptions in writing to the award for any of the following
causes:
(a) The award was procured by corruption, fraud or undue means.
(b) There was evident partiality or corruption on the part of
the arbitrators, or any of them.
(c) The arbitrators were guilty of misconduct in refusing to
postpone the hearing, upon sufficient cause shown, or in refusing
to hear evidence pertinent and material to the controversy; or of
any other misbehavior by which the rights of any party were
prejudiced.
(d) The arbitrators exceeded their powers, or so imperfectly
executed them that a mutual, final and definite award upon the
subject matter submitted was not made.
(e) There was an evident material miscalculation of figures or
an evident material mistake in the description of any person,
thing or property referred to in the award.
(f) The arbitrators awarded upon a matter not submitted to
them, unless it was a matter not affecting the merits of the
decision upon the matters submitted.
(g) The award was imperfect in matter of form not affecting the
merits of the controversy.
(2) The clerk of the court shall collect from the party filing
exceptions under subsection (1) of this section a filing fee of
$35, and from a party filing an appearance in opposition to the
exceptions a filing fee of $21. However, if the exceptions relate
to an arbitration award made following abatement under ORS 36.315
of an action, suit or proceeding in respect to which the parties
have paid filing fees under ORS 21.110, no filing fees shall be
collected under this subsection. No exceptions or appearance in
opposition thereto shall be deemed filed unless the fee required
by this subsection is paid by the filing party.
{ + (3) In addition to the fees provided for in subsection
(2) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall collect a
surcharge of $11 from the party filing exceptions under
subsection (1) of this section, and a surcharge of $6 from a
party filing an appearance in opposition to the exceptions. + }
SECTION 39. ORS 36.355, as amended by section 38 of this 2003
Act, is amended to read:
36.355. (1) Within the period specified in ORS 36.350, the
party against whom an award was made may file with the circuit
court exceptions in writing to the award for any of the following
causes:
(a) The award was procured by corruption, fraud or undue means.
(b) There was evident partiality or corruption on the part of
the arbitrators, or any of them.
(c) The arbitrators were guilty of misconduct in refusing to
postpone the hearing, upon sufficient cause shown, or in refusing
to hear evidence pertinent and material to the controversy; or of
any other misbehavior by which the rights of any party were
prejudiced.
(d) The arbitrators exceeded their powers, or so imperfectly
executed them that a mutual, final and definite award upon the
subject matter submitted was not made.
(e) There was an evident material miscalculation of figures or
an evident material mistake in the description of any person,
thing or property referred to in the award.
(f) The arbitrators awarded upon a matter not submitted to
them, unless it was a matter not affecting the merits of the
decision upon the matters submitted.
(g) The award was imperfect in matter of form not affecting the
merits of the controversy.
(2) The clerk of the court shall collect from the party filing
exceptions under subsection (1) of this section a filing fee of
{ - $35 - } { + $39 + }, and from a party filing an appearance
in opposition to the exceptions a filing fee of { - $21 - }
{ + $23 + }. However, if the exceptions relate to an
arbitration award made following abatement under ORS 36.315 of an
action, suit or proceeding in respect to which the parties have
paid filing fees under ORS 21.110, no filing fees shall be
collected under this subsection. No exceptions or appearance in
opposition thereto shall be deemed filed unless the fee required
by this subsection is paid by the filing party.
{ - (3) In addition to the fees provided for in subsection
(2) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the court shall collect a
surcharge of $11 from the party filing exceptions under
subsection (1) of this section, and a surcharge of $6 from a
party filing an appearance in opposition to the exceptions. - }
SECTION 40. { + The amendments to ORS 36.355 by section 39 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 41. ORS 36.520 is amended to read:
36.520. (1) Recourse to a court against an arbitral award may
only be by an application for setting aside in accordance with
subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the circuit court
only if:
(a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS
36.466 was under some incapacity or that the agreement is not
valid under the law to which the parties have subjected it or,
failing any indication thereon, under the laws of the State of
Oregon or the United States;
(B) The party making the application was not given proper
notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present the party's case;
(C) The award deals with a dispute not contemplated by or not
falling within the terms of the submission to arbitration or
contains decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters not
submitted to arbitration can be separated from those not so
submitted, only that part of the award which contains decisions
on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the
parties, unless such agreement was in conflict with a provision
of ORS 36.450 to 36.558 from which the parties cannot derogate,
or, failing such agreement, was not in accordance with ORS 36.450
to 36.558; or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of
settlement by arbitration under the laws of the State of Oregon
or of the United States; or
(B) The award is in conflict with the public policy of the
State of Oregon or of the United States.
(3) An application for setting aside may not be made after
three months have elapsed from the date on which the party making
that application had received the award or, if a request had been
made under ORS 36.518, from the date on which that request had
been disposed of by the arbitral tribunal.
(4) The circuit court, when asked to set aside an arbitral
award, may, where appropriate and so requested by a party,
suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such
other action as in the arbitral tribunal's opinion will eliminate
the grounds for setting aside.
(5) The clerk of the circuit court shall collect from the party
making application for setting aside under subsection (1) of this
section a filing fee of $35 and from a party filing an appearance
in opposition to the application a filing fee of $21. However,
if the application relates to an arbitral award made following an
application or request to a circuit court under any section of
ORS 36.450 to 36.558 in respect to which the parties have paid
filing fees under ORS 21.110, filing fees shall not be collected
under this subsection. An application for setting aside or an
appearance in opposition thereto shall not be deemed filed unless
the fee required by this subsection is paid by the filing party.
{ + (6) In addition to the fees provided for in subsection
(5) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the circuit court shall
collect from the party making application for setting aside under
subsection (1) of this section a surcharge of $11 and from a
party filing an appearance in opposition to the application a
surcharge of $6. + }
SECTION 42. ORS 36.520, as amended by section 41 of this 2003
Act, is amended to read:
36.520. (1) Recourse to a court against an arbitral award may
only be by an application for setting aside in accordance with
subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the circuit court
only if:
(a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS
36.466 was under some incapacity or that the agreement is not
valid under the law to which the parties have subjected it or,
failing any indication thereon, under the laws of the State of
Oregon or the United States;
(B) The party making the application was not given proper
notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present the party's case;
(C) The award deals with a dispute not contemplated by or not
falling within the terms of the submission to arbitration or
contains decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters not
submitted to arbitration can be separated from those not so
submitted, only that part of the award which contains decisions
on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the
parties, unless such agreement was in conflict with a provision
of ORS 36.450 to 36.558 from which the parties cannot derogate,
or, failing such agreement, was not in accordance with ORS 36.450
to 36.558; or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of
settlement by arbitration under the laws of the State of Oregon
or of the United States; or
(B) The award is in conflict with the public policy of the
State of Oregon or of the United States.
(3) An application for setting aside may not be made after
three months have elapsed from the date on which the party making
that application had received the award or, if a request had been
made under ORS 36.518, from the date on which that request had
been disposed of by the arbitral tribunal.
(4) The circuit court, when asked to set aside an arbitral
award, may, where appropriate and so requested by a party,
suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such
other action as in the arbitral tribunal's opinion will eliminate
the grounds for setting aside.
(5) The clerk of the circuit court shall collect from the party
making application for setting aside under subsection (1) of this
section a filing fee of { - $35 - } { + $39 + } and from a
party filing an appearance in opposition to the application a
filing fee of { - $21 - } { + $23 + }. However, if the
application relates to an arbitral award made following an
application or request to a circuit court under any section of
ORS 36.450 to 36.558 in respect to which the parties have paid
filing fees under ORS 21.110, filing fees shall not be collected
under this subsection. An application for setting aside or an
appearance in opposition thereto shall not be deemed filed unless
the fee required by this subsection is paid by the filing party.
{ - (6) In addition to the fees provided for in subsection
(5) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the circuit court shall
collect from the party making application for setting aside under
subsection (1) of this section a surcharge of $11 and from a
party filing an appearance in opposition to the application a
surcharge of $6. - }
SECTION 43. { + The amendments to ORS 36.520 by section 42 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 44. ORS 46.570 is amended to read:
46.570. (1) In the small claims department of circuit court
there shall be charged and collected in civil cases by the clerk
of the court the following fees for the following purposes and
services:
(a) Plaintiff filing a claim, $24 when the amount or value
claimed does not exceed $1,500, and $50 when the amount or value
claimed exceeds $1,500; and defendant demanding a hearing, $17
when the amount or value claimed by plaintiff does not exceed
$1,500, and $37 when the amount or value claimed by plaintiff
exceeds $1,500.
(b) Transcript of judgment in the format provided in ORCP 70 A
from small claims department, $6.
(c) Transfer of cause to circuit court on counterclaim, $11.
(2) Except as otherwise provided in { + subsection (1) of + }
this section, fees provided for in this section shall be
collected in advance. A paper or pleading shall be filed by the
clerk only if the required fee is paid or if a request for a fee
waiver or deferral is granted by the court. { + Fees provided
for in this section may not be refunded. + }
{ + (3) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, in the small claims department of a
circuit court the clerk of the court shall charge and collect the
following surcharges:
(a) Plaintiff filing a claim, $7 when the amount or value
claimed does not exceed $1,500, and $15 when the amount or value
claimed exceeds $1,500; and defendant demanding a hearing, $5
when the amount or value claimed by plaintiff does not exceed
$1,500, and $11 when the amount or value claimed by plaintiff
exceeds $1,500.
(b) Transcript of judgment in the format provided in ORCP 70 A
from small claims department, $2.
(c) Transfer of cause to circuit court on counterclaim, $3. + }
SECTION 45. ORS 46.570, as amended by section 44 of this 2003
Act, is amended to read:
46.570. (1) In the small claims department of circuit court
there shall be charged and collected in civil cases by the clerk
of the court the following fees for the following purposes and
services:
(a) Plaintiff filing a claim, { - $24 - } { + $26 + } when
the amount or value claimed does not exceed $1,500, and
{ - $50 - } { + $55 + } when the amount or value claimed
exceeds $1,500; and defendant demanding a hearing, { - $17 - }
{ + $19 + } when the amount or value claimed by plaintiff does
not exceed $1,500, and { - $37 - } { + $41 + } when the
amount or value claimed by plaintiff exceeds $1,500.
(b) Transcript of judgment in the format provided in ORCP 70 A
from small claims department, { - $6 - } { + $7 + }.
(c) Transfer of cause to circuit court on counterclaim,
{ - $11 - } { + $12 + }.
(2) Except as otherwise provided in subsection (1) of this
section, fees provided for in this section shall be collected in
advance. A paper or pleading shall be filed by the clerk only if
the required fee is paid or if a request for a fee waiver or
deferral is granted by the court. Fees provided for in this
section may not be refunded.
{ - (3) In addition to the fees provided for in subsection
(1) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, in the small claims department of a
circuit court the clerk of the court shall charge and collect the
following surcharges: - }
{ - (a) Plaintiff filing a claim, $7 when the amount or value
claimed does not exceed $1,500, and $15 when the amount or value
claimed exceeds $1,500; and defendant demanding a hearing, $5
when the amount or value claimed by plaintiff does not exceed
$1,500, and $11 when the amount or value claimed by plaintiff
exceeds $1,500. - }
{ - (b) Transcript of judgment in the format provided in ORCP
70 A from small claims department, $2. - }
{ - (c) Transfer of cause to circuit court on counterclaim,
$3. - }
SECTION 46. { + The amendments to ORS 46.570 by section 45 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 47. ORS 105.130 is amended to read:
105.130. (1) Except as provided in this section and ORS
105.135, 105.137 and 105.140 to 105.161, an action pursuant to
ORS 105.110 shall be conducted in all respects as other actions
in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to
which ORS chapter 90 applies, the clerk shall:
(a) Collect a filing fee of { + $12; + } { - : - }
{ - (A) $14.50 for any complaint filed on or after October 4,
1997, and before July 1, 2001; and - }
{ - (B) $12 for any complaint filed on or after July 1,
2001; - }
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the
plaintiff or an agent of the plaintiff sufficient copies of the
summons and complaint for service.
(3) After a complaint is filed under subsection (2) of this
section, if the defendant demands a trial, the plaintiff shall
pay an additional filing fee of $26 and the defendant shall pay a
filing fee of { + $26. + } { - : - }
{ - (a) $28.50 for any complaint filed on or after October 4,
1997, and before July 1, 2001; and - }
{ - (b) $26 for any complaint filed on or after July 1,
2001. - }
(4) An action pursuant to ORS 105.110 shall be brought in the
name of a person entitled to possession as plaintiff. The
plaintiff may appear in person or through an attorney. In an
action to which ORS chapter 90 applies, the plaintiff may also
appear through a nonattorney who is an agent or employee of the
plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a
state agency may appear in an action brought pursuant to ORS
105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the
agency by an officer or employee in the particular action or in
the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being
conducted.
(6) In addition to the fees charged under subsection (2) of
this section, the clerk shall collect a surcharge from the
plaintiff at the time a complaint is filed that is subject to the
filing fees established by subsection (2) of this section and
from a defendant at the time a defendant demands a trial in the
action. The surcharge shall be deposited by the State Court
Administrator into the State Treasury to the credit of the
Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the
surcharge shall be { + $10. + } { - : - }
{ - (a) $7.50 for any complaint filed on or after October 4,
1997, and before July 1, 2001; and - }
{ - (b) $10 for any complaint filed on or after July 1,
2001. - }
{ + (7) Fees and surcharges provided for in this section may
not be refunded. + }
{ + (8)(a) In addition to the fees provided for in subsection
(2) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, upon filing a complaint in the case of
a dwelling unit to which ORS chapter 90 applies, the clerk shall
collect a surcharge of $4.
(b) In addition to the fees provided for in subsection (3) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, if the defendant demands a trial after a
complaint is filed under subsection (2) of this section, the
plaintiff shall pay a surcharge of $8 and the defendant shall pay
a surcharge of $8. + }
SECTION 48. ORS 105.130, as amended by section 47 of this 2003
Act, is amended to read:
105.130. (1) Except as provided in this section and ORS
105.135, 105.137 and 105.140 to 105.161, an action pursuant to
ORS 105.110 shall be conducted in all respects as other actions
in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to
which ORS chapter 90 applies, the clerk shall:
(a) Collect a filing fee of { - $12 - } { + $13 + };
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the
plaintiff or an agent of the plaintiff sufficient copies of the
summons and complaint for service.
(3) After a complaint is filed under subsection (2) of this
section, if the defendant demands a trial, the plaintiff shall
pay an additional filing fee of { - $26 - } { + $29 + } and
the defendant shall pay a filing fee of { - $26 - } { +
$29 + }.
(4) An action pursuant to ORS 105.110 shall be brought in the
name of a person entitled to possession as plaintiff. The
plaintiff may appear in person or through an attorney. In an
action to which ORS chapter 90 applies, the plaintiff may also
appear through a nonattorney who is an agent or employee of the
plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a
state agency may appear in an action brought pursuant to ORS
105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the
agency by an officer or employee in the particular action or in
the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being
conducted.
(6) In addition to the fees charged under subsection (2) of
this section, the clerk shall collect a surcharge from the
plaintiff at the time a complaint is filed that is subject to the
filing fees established by subsection (2) of this section and
from a defendant at the time a defendant demands a trial in the
action. The surcharge shall be deposited by the State Court
Administrator into the State Treasury to the credit of the
Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the
surcharge shall be $10.
(7) Fees and surcharges provided for in this section may not be
refunded.
{ - (8)(a) In addition to the fees provided for in subsection
(2) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, upon filing a complaint in the case of
a dwelling unit to which ORS chapter 90 applies, the clerk shall
collect a surcharge of $4. - }
{ - (b) In addition to the fees provided for in subsection
(3) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, if the defendant demands a trial after
a complaint is filed under subsection (2) of this section, the
plaintiff shall pay a surcharge of $8 and the defendant shall pay
a surcharge of $8. - }
SECTION 49. { + The amendments to ORS 105.130 by section 48 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 50. ORS 107.434 is amended to read:
107.434. (1) The presiding judge of each judicial district
shall establish an expedited parenting time enforcement procedure
that may or may not include a requirement for mediation. The
procedure must be easy to understand and initiate. Unless the
parties otherwise agree, the court shall conduct a hearing no
later than 45 days after the filing of a motion seeking
enforcement of a parenting time order. The court shall charge a
filing fee of $45, subject to ORS 21.605. The court shall provide
forms for:
(a) A motion filed by either party alleging a violation of
parenting time or substantial violations of the parenting plan.
When a person files this form, the person must include a copy of
the order establishing the parenting time.
(b) An order requiring the parties to appear and show cause why
parenting time should not be enforced in a specified manner. The
party filing the motion shall serve a copy of the motion and the
order on the other party. The order must include:
(A) A notice of the remedies imposable under subsection (2) of
this section and the availability of a waiver of any mediation
requirement; and
(B) A notice in substantially the following form:
_________________________________________________________________
When pleaded and shown in a separate legal action, violation of
court orders, including visitation and parenting time orders, may
also result in a finding of contempt, which can lead to fines,
imprisonment or other penalties, including compulsory community
service.
_________________________________________________________________
(c) A motion, affidavit and order that may be filed by either
party and providing for waiver of any mediation requirement on a
showing of good cause.
(2) In addition to any other remedy the court may impose to
enforce the provisions of a judgment relating to the parenting
plan, the court may:
(a) Modify the provisions relating to the parenting plan by:
(A) Specifying a detailed parenting time schedule;
(B) Imposing additional terms and conditions on the existing
parenting time schedule; or
(C) Ordering additional parenting time, in the best interests
of the child, to compensate for wrongful deprivation of parenting
time;
(b) Order the party who is violating the parenting plan
provisions to post bond or security;
(c) Order either or both parties to attend counseling or
educational sessions that focus on the impact of violation of the
parenting plan on children;
(d) Award the prevailing party expenses, including, but not
limited to, attorney fees, filing fees and court costs, incurred
in enforcing the party's parenting plan;
(e) Terminate, suspend or modify spousal support;
(f) Terminate, suspend or modify child support as provided in
ORS 107.431; or
(g) Schedule a hearing for modification of custody as provided
in ORS 107.135 (10).
{ + (3) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the court shall charge a surcharge of $14
upon the filing of a motion seeking enforcement of a parenting
time order. + }
SECTION 51. ORS 107.434, as amended by section 50 of this 2003
Act, is amended to read:
107.434. (1) The presiding judge of each judicial district
shall establish an expedited parenting time enforcement procedure
that may or may not include a requirement for mediation. The
procedure must be easy to understand and initiate. Unless the
parties otherwise agree, the court shall conduct a hearing no
later than 45 days after the filing of a motion seeking
enforcement of a parenting time order. The court shall charge a
filing fee of { - $45 - } { + $50 + }, subject to ORS 21.605.
The court shall provide forms for:
(a) A motion filed by either party alleging a violation of
parenting time or substantial violations of the parenting plan.
When a person files this form, the person must include a copy of
the order establishing the parenting time.
(b) An order requiring the parties to appear and show cause why
parenting time should not be enforced in a specified manner. The
party filing the motion shall serve a copy of the motion and the
order on the other party. The order must include:
(A) A notice of the remedies imposable under subsection (2) of
this section and the availability of a waiver of any mediation
requirement; and
(B) A notice in substantially the following form:
_________________________________________________________________
When pleaded and shown in a separate legal action, violation of
court orders, including visitation and parenting time orders, may
also result in a finding of contempt, which can lead to fines,
imprisonment or other penalties, including compulsory community
service.
_________________________________________________________________
(c) A motion, affidavit and order that may be filed by either
party and providing for waiver of any mediation requirement on a
showing of good cause.
(2) In addition to any other remedy the court may impose to
enforce the provisions of a judgment relating to the parenting
plan, the court may:
(a) Modify the provisions relating to the parenting plan by:
(A) Specifying a detailed parenting time schedule;
(B) Imposing additional terms and conditions on the existing
parenting time schedule; or
(C) Ordering additional parenting time, in the best interests
of the child, to compensate for wrongful deprivation of parenting
time;
(b) Order the party who is violating the parenting plan
provisions to post bond or security;
(c) Order either or both parties to attend counseling or
educational sessions that focus on the impact of violation of the
parenting plan on children;
(d) Award the prevailing party expenses, including, but not
limited to, attorney fees, filing fees and court costs, incurred
in enforcing the party's parenting plan;
(e) Terminate, suspend or modify spousal support;
(f) Terminate, suspend or modify child support as provided in
ORS 107.431; or
(g) Schedule a hearing for modification of custody as provided
in ORS 107.135 (10).
{ - (3) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the court shall charge a surcharge of $14
upon the filing of a motion seeking enforcement of a parenting
time order. - }
SECTION 52. { + The amendments to ORS 107.434 by section 51 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 53. ORS 108.130 is amended to read:
108.130. { + (1) + } At the time of filing the petition for an
order of support, the petitioner shall pay to the clerk of the
court a fee of $5, which shall cover all charges incident to the
filing of papers necessary to a complete determination of the
matter and no part of which shall be applied toward the library
fund of the county. Payment of the fee is subject to the
provisions of ORS 21.605 applicable to waiver, deferral and
payment of fees.
{ + (2) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, at the time of filing the petition for an
order of support, the petitioner shall pay to the clerk of the
court a surcharge of $2. + }
SECTION 54. ORS 108.130, as amended by section 53 of this 2003
Act, is amended to read:
108.130. { - (1) - } At the time of filing the petition for
an order of support, the petitioner shall pay to the clerk of the
court a fee of { - $5 - } { + $6 + }, which shall cover all
charges incident to the filing of papers necessary to a complete
determination of the matter and no part of which shall be applied
toward the library fund of the county. Payment of the fee is
subject to the provisions of ORS 21.605 applicable to waiver,
deferral and payment of fees.
{ - (2) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, at the time of filing the petition for an
order of support, the petitioner shall pay to the clerk of the
court a surcharge of $2. - }
SECTION 55. { + The amendments to ORS 108.130 by section 54 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 56. ORS 112.820 is amended to read:
112.820. (1) An attorney authorized to destroy a will under ORS
112.815 may proceed as follows:
(a) The attorney shall first publish a notice in a newspaper of
general circulation in the county of the last-known address of
the testator, if any, otherwise in the county of the principal
place of business of the attorney. The notice shall state the
name of the testator, the date of the will and the intent of the
attorney to destroy the will if the testator does not contact the
attorney within 90 days after the date of the notice.
(b) If the testator fails to contact the attorney within 90
days after the date of the notice, the attorney may destroy the
will.
(c) Within 30 days after destruction of the will, the attorney
shall file with the probate court in the county where the notice
was published an affidavit stating the name of the testator, the
name and relationship of each person named in the will whom the
testator identified as related to the testator by blood, adoption
or marriage, the date of the will, proof of the publication and
the date of destruction.
(d) The clerk of the probate court shall charge and collect a
fee of $15 for filing of the affidavit.
(2) If a will has not been admitted to probate within 40 years
following the death of the testator, an attorney having custody
of the will may destroy the will without notice to any person or
court.
{ + (3) In addition to the fee provided for in subsection
(1)(d) of this section, for the period commencing September 1,
2003, and ending June 30, 2005, the clerk of the probate court
shall charge and collect a surcharge of $5 for filing of an
affidavit under subsection (1) of this section. + }
SECTION 57. ORS 112.820, as amended by section 56 of this 2003
Act, is amended to read:
112.820. (1) An attorney authorized to destroy a will under ORS
112.815 may proceed as follows:
(a) The attorney shall first publish a notice in a newspaper of
general circulation in the county of the last-known address of
the testator, if any, otherwise in the county of the principal
place of business of the attorney. The notice shall state the
name of the testator, the date of the will and the intent of the
attorney to destroy the will if the testator does not contact the
attorney within 90 days after the date of the notice.
(b) If the testator fails to contact the attorney within 90
days after the date of the notice, the attorney may destroy the
will.
(c) Within 30 days after destruction of the will, the attorney
shall file with the probate court in the county where the notice
was published an affidavit stating the name of the testator, the
name and relationship of each person named in the will whom the
testator identified as related to the testator by blood, adoption
or marriage, the date of the will, proof of the publication and
the date of destruction.
(d) The clerk of the probate court shall charge and collect a
fee of { - $15 - } { + $17 + } for filing of the affidavit.
(2) If a will has not been admitted to probate within 40 years
following the death of the testator, an attorney having custody
of the will may destroy the will without notice to any person or
court.
{ - (3) In addition to the fee provided for in subsection
(1)(d) of this section, for the period commencing September 1,
2003, and ending June 30, 2005, the clerk of the probate court
shall charge and collect a surcharge of $5 for filing of an
affidavit under subsection (1) of this section. - }
SECTION 58. { + The amendments to ORS 112.820 by section 57 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 59. ORS 114.515 is amended to read:
114.515. (1) If the estate of a decedent meets the requirements
of subsection (2) of this section, any of the following persons
may file an affidavit with the clerk of the probate court in any
county where there is venue for a proceeding seeking the
appointment of a personal representative for the estate:
(a) One or more of the claiming successors of the decedent.
(b) If the decedent died testate, any person named as personal
representative in the decedent's will.
(2) An affidavit under this section may be filed only if:
(a) The fair market value of the estate is $140,000 or less;
(b) Not more than $50,000 of the fair market value of the
estate is attributable to personal property; and
(c) Not more than $90,000 of the fair market value of the
estate is attributable to real property.
(3) An affidavit under this section may not be filed until 30
days after the death of the decedent. An affidavit filed under
the provisions of this section must contain the information
required in ORS 114.525 and shall be made a part of the probate
records. In determining fair market value under this section, the
fair market value of the entire interest in the property included
in the estate shall be used without reduction for liens or other
debts.
(4) The clerk of the probate court shall charge and collect a
fee of $21 for the filing of the affidavit.
(5) An affidavit filed under this section may be amended by a
new affidavit containing the information required in ORS 114.525
filed by one or more of the claiming successors within four
months after the filing of the prior affidavit.
{ + (6) In addition to the fee provided for in subsection (4)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the probate court shall charge
and collect a surcharge of $6 upon the filing of an affidavit
under this section. + }
SECTION 60. ORS 114.515, as amended by section 59 of this 2003
Act, is amended to read:
114.515. (1) If the estate of a decedent meets the requirements
of subsection (2) of this section, any of the following persons
may file an affidavit with the clerk of the probate court in any
county where there is venue for a proceeding seeking the
appointment of a personal representative for the estate:
(a) One or more of the claiming successors of the decedent.
(b) If the decedent died testate, any person named as personal
representative in the decedent's will.
(2) An affidavit under this section may be filed only if:
(a) The fair market value of the estate is $140,000 or less;
(b) Not more than $50,000 of the fair market value of the
estate is attributable to personal property; and
(c) Not more than $90,000 of the fair market value of the
estate is attributable to real property.
(3) An affidavit under this section may not be filed until 30
days after the death of the decedent. An affidavit filed under
the provisions of this section must contain the information
required in ORS 114.525 and shall be made a part of the probate
records. In determining fair market value under this section, the
fair market value of the entire interest in the property included
in the estate shall be used without reduction for liens or other
debts.
(4) The clerk of the probate court shall charge and collect a
fee of { - $21 - } { + $23 + } for the filing of the
affidavit.
(5) An affidavit filed under this section may be amended by a
new affidavit containing the information required in ORS 114.525
filed by one or more of the claiming successors within four
months after the filing of the prior affidavit.
{ - (6) In addition to the fee provided for in subsection (4)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the probate court shall charge
and collect a surcharge of $6 upon the filing of an affidavit
under this section. - }
SECTION 61. { + The amendments to ORS 114.515 by section 60 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 62. ORS 135.921 is amended to read:
135.921. (1) The filing fee paid by a defendant at the time of
filing a petition for a possession of marijuana diversion
agreement as provided in ORS 135.909 shall be $212 and shall be
ordered paid as follows if the petition is allowed:
(a) $112 to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account; and
(b) $100 to be distributed as provided for the disposition of
costs under ORS 153.630.
(2) If less than the $212 filing fee is paid to the court by
the defendant under subsection (1) of this section, the money
actually received shall be allocated in the amounts provided
first to the State Treasurer and the remainder as provided for
the disposition of costs under ORS 153.630.
(3) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly
to the agency or organization providing the diagnostic
assessment.
(4) The Chief Justice of the Oregon Supreme Court may require
that any or all fees distributed by circuit courts under this
section be distributed through the offices of the State Court
Administrator.
{ + (5) In addition to the filing fee provided for in
subsection (1) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, if a petition for a
possession of marijuana diversion agreement as provided in ORS
135.909 is allowed the defendant shall pay a surcharge of
$64. + }
SECTION 63. ORS 135.921, as amended by section 62 of this 2003
Act, is amended to read:
135.921. (1) The filing fee paid by a defendant at the time of
filing a petition for a possession of marijuana diversion
agreement as provided in ORS 135.909 shall be { - $212 - }
{ + $233 + } and shall be ordered paid as follows if the
petition is allowed:
(a) { - $112 - } { + $123 + } to the Department of Revenue
for deposit in the Criminal Fine and Assessment Account; and
(b) { - $100 - } { + $110 + } to be distributed as provided
for the disposition of costs under ORS 153.630.
(2) If less than the { - $212 - } { + $233 + } filing fee
is paid to the court by the defendant under subsection (1) of
this section, the money actually received shall be allocated in
the amounts provided first to the State Treasurer and the
remainder as provided for the disposition of costs under ORS
153.630.
(3) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly
to the agency or organization providing the diagnostic
assessment.
(4) The Chief Justice of the Oregon Supreme Court may require
that any or all fees distributed by circuit courts under this
section be distributed through the offices of the State Court
Administrator.
{ - (5) In addition to the filing fee provided for in
subsection (1) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, if a petition for a
possession of marijuana diversion agreement as provided in ORS
135.909 is allowed the defendant shall pay a surcharge of
$64. - }
SECTION 64. { + The amendments to ORS 135.921 by section 63 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 65. ORS 138.560 is amended to read:
138.560. (1) A proceeding for post-conviction relief pursuant
to ORS 138.510 to 138.680 shall be commenced by filing a petition
and two copies thereof with the clerk of the circuit court for
the county in which the petitioner is imprisoned or, if the
petitioner is not imprisoned, with the clerk of the circuit court
for the county in which the petitioner's conviction and sentence
was rendered. Except as otherwise provided in ORS 138.590, the
petitioner shall pay a $25 filing fee at the time of filing a
petition under this section. If the petitioner prevails, the
petitioner shall recover the fee pursuant to the Oregon Rules of
Civil Procedure. The clerk of the court in which the petition is
filed shall enter and file the petition and bring it promptly to
the attention of such court. A copy of the petition need not be
served by petitioner on the defendant, but, in lieu thereof, the
clerk of the court in which the petition is filed shall
immediately forward a copy of the petition to the Attorney
General or other attorney for the defendant named in ORS 138.570.
(2) For the purposes of ORS 138.510 to 138.680, a person
released on parole or conditional pardon shall be deemed to be
imprisoned in the institution from which the person is so
released.
(3) Except when petitioner's conviction was for a misdemeanor,
the release of the petitioner from imprisonment during the
pendency of proceedings instituted pursuant to ORS 138.510 to
138.680 shall not cause the proceedings to become moot. Such
release of petitioner shall not change the venue of the
proceedings out of the circuit court in which they were commenced
and shall not affect the power of such court to transfer the
proceedings as provided in subsection (4) of this section.
(4) Whenever petitioner is imprisoned in a Department of
Corrections institution and the circuit court for the county in
which the petitioner is imprisoned finds that the hearing upon
the petition can be more expeditiously conducted in the county in
which the petitioner was convicted and sentenced, the circuit
court upon its own motion or the motion of a party may order the
petitioner's case to be transferred to the circuit court for the
county in which petitioner's conviction and sentence were
rendered. Such an order shall not be reviewable by any court of
this state.
{ + (5) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, a petitioner shall pay a surcharge of $8 at
the time of filing a petition under this section. + }
SECTION 66. ORS 138.560, as amended by section 65 of this 2003
Act, is amended to read:
138.560. (1) A proceeding for post-conviction relief pursuant
to ORS 138.510 to 138.680 shall be commenced by filing a petition
and two copies thereof with the clerk of the circuit court for
the county in which the petitioner is imprisoned or, if the
petitioner is not imprisoned, with the clerk of the circuit court
for the county in which the petitioner's conviction and sentence
was rendered. Except as otherwise provided in ORS 138.590, the
petitioner shall pay a { - $25 - } { + $28 + } filing fee at
the time of filing a petition under this section. If the
petitioner prevails, the petitioner shall recover the fee
pursuant to the Oregon Rules of Civil Procedure. The clerk of the
court in which the petition is filed shall enter and file the
petition and bring it promptly to the attention of such court. A
copy of the petition need not be served by petitioner on the
defendant, but, in lieu thereof, the clerk of the court in which
the petition is filed shall immediately forward a copy of the
petition to the Attorney General or other attorney for the
defendant named in ORS 138.570.
(2) For the purposes of ORS 138.510 to 138.680, a person
released on parole or conditional pardon shall be deemed to be
imprisoned in the institution from which the person is so
released.
(3) Except when petitioner's conviction was for a misdemeanor,
the release of the petitioner from imprisonment during the
pendency of proceedings instituted pursuant to ORS 138.510 to
138.680 shall not cause the proceedings to become moot. Such
release of petitioner shall not change the venue of the
proceedings out of the circuit court in which they were commenced
and shall not affect the power of such court to transfer the
proceedings as provided in subsection (4) of this section.
(4) Whenever petitioner is imprisoned in a Department of
Corrections institution and the circuit court for the county in
which the petitioner is imprisoned finds that the hearing upon
the petition can be more expeditiously conducted in the county in
which the petitioner was convicted and sentenced, the circuit
court upon its own motion or the motion of a party may order the
petitioner's case to be transferred to the circuit court for the
county in which petitioner's conviction and sentence were
rendered. Such an order shall not be reviewable by any court of
this state.
{ - (5) In addition to the fee provided for in subsection (1)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, a petitioner shall pay a surcharge of $8 at
the time of filing a petition under this section. - }
SECTION 67. { + The amendments to ORS 138.560 by section 66 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 68. ORS 419B.555 is amended to read:
419B.555. (1) The juvenile court shall conduct a preliminary
hearing on the minor's application for emancipation within 10
days of the date on which it is filed or as soon as possible
thereafter. At the time of the preliminary hearing, the court may
issue a temporary custody decree, stay any pending proceedings or
enter any other temporary order appropriate to the circumstances.
No action of the court pursuant to this subsection may be
extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as
soon as possible after the date on which the application is
filed.
(3) Notice to the parent or parents of the applicant shall be
made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the
minor of the civil and criminal rights and civil and criminal
liabilities of an emancipated minor. This advice shall be recited
in the decree of emancipation.
(5) The hearing mentioned in subsection (2) of this section may
be waived by the minor and parent or parents.
(6) A uniform filing fee of $70 shall be charged and collected
by the court for each application for emancipation. In addition,
the court shall collect any other fees required by law.
{ + (7) In addition to the fee provided for in subsection (6)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the court shall charge and collect a
surcharge of $21 for each application for emancipation. + }
SECTION 69. ORS 419B.555, as amended by section 68 of this 2003
Act, is amended to read:
419B.555. (1) The juvenile court shall conduct a preliminary
hearing on the minor's application for emancipation within 10
days of the date on which it is filed or as soon as possible
thereafter. At the time of the preliminary hearing, the court may
issue a temporary custody decree, stay any pending proceedings or
enter any other temporary order appropriate to the circumstances.
No action of the court pursuant to this subsection may be
extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as
soon as possible after the date on which the application is
filed.
(3) Notice to the parent or parents of the applicant shall be
made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the
minor of the civil and criminal rights and civil and criminal
liabilities of an emancipated minor. This advice shall be recited
in the decree of emancipation.
(5) The hearing mentioned in subsection (2) of this section may
be waived by the minor and parent or parents.
(6) A uniform filing fee of { - $70 - } { + $77 + } shall
be charged and collected by the court for each application for
emancipation. In addition, the court shall collect any other fees
required by law.
{ - (7) In addition to the fee provided for in subsection (6)
of this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the court shall charge and collect a
surcharge of $21 for each application for emancipation. - }
SECTION 70. { + The amendments to ORS 419B.555 by section 69
of this 2003 Act become operative on July 1, 2005. + }
SECTION 71. ORS 813.240 is amended to read:
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 shall
be $237 and shall be ordered paid as follows if the petition is
allowed:
(a) $112 to be credited and distributed under ORS 137.295 as an
obligation payable to the state;
(b) $100 to be treated as provided for disposition of fines and
costs under ORS 153.630; and
(c) $25 to be paid to the Director of Human Services for
deposit in the Intoxicated Driver Program Fund created under ORS
813.270, to be used for purposes of the fund.
(2) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly
to the agency or organization providing the diagnostic
assessment.
{ + (3) In addition to the filing fee provided for in
subsection (1) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the court shall
collect a surcharge of $71 upon the filing of a petition for a
driving while under the influence of intoxicants diversion
agreement that is allowed. + }
SECTION 72. ORS 813.240, as amended by section 71 of this 2003
Act, is amended to read:
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 shall
be { - $237 - } { + $261 + } and shall be ordered paid as
follows if the petition is allowed:
(a) { - $112 - } { + $136 + } to be credited and
distributed under ORS 137.295 as an obligation payable to the
state;
(b) $100 to be treated as provided for disposition of fines and
costs under ORS 153.630; and
(c) $25 to be paid to the Director of Human Services for
deposit in the Intoxicated Driver Program Fund created under ORS
813.270, to be used for purposes of the fund.
(2) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly
to the agency or organization providing the diagnostic
assessment.
{ - (3) In addition to the filing fee provided for in
subsection (1) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, the court shall
collect a surcharge of $71 upon the filing of a petition for a
driving while under the influence of intoxicants diversion
agreement that is allowed. - }
SECTION 73. { + The amendments to ORS 813.240 by section 72 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 74. ORS 24.190 is amended to read:
24.190. (1) For the purposes of this section:
(a) 'Foreign restraining order' means a restraining order that
is a foreign judgment as defined by ORS 24.105.
(b)(A) 'Restraining order' means an injunction or other order
issued for the purpose of preventing:
(i) Violent or threatening acts or harassment against another
person;
(ii) Contact or communication with another person; or
(iii) Physical proximity to another person.
(B) 'Restraining order' includes temporary and final orders,
other than support or child custody orders, issued by a civil or
criminal court regardless of whether the order was obtained by
filing an independent action or as a pendente lite order in
another proceeding. However, for a civil order to be considered a
restraining order, the civil order must have been issued in
response to a complaint, petition or motion filed by or on behalf
of a person seeking protection.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, immediately upon the arrival in this state of a
person protected by a foreign restraining order, the foreign
restraining order is enforceable as an Oregon order without the
necessity of filing and continues to be enforceable as an Oregon
order without any further action by the protected person.
(b) A foreign restraining order is not enforceable as an Oregon
order if:
(A) The person restrained by the order shows that:
(i) The court that issued the order lacked jurisdiction over
the subject matter or lacked personal jurisdiction over the
person restrained by the order; or
(ii) The person restrained by the order was not given
reasonable notice and an opportunity to be heard under the law of
the jurisdiction in which the order was issued; or
(B) The foreign restraining order was issued against a person
who had petitioned for a restraining order unless:
(i) The person protected by the foreign restraining order filed
a separate petition seeking the restraining order; and
(ii) The court issuing the foreign restraining order made
specific findings that the person was entitled to the order.
(3)(a) A person protected by a foreign restraining order may
present a true copy of the order to a county sheriff for entry
into the Law Enforcement Data System maintained by the Department
of State Police. Subject to paragraph (b) of this subsection, the
county sheriff shall enter the order into the Law Enforcement
Data System if the person certifies that the order is the most
recent order in effect between the parties and provides proof of
service or other written certification that the person restrained
by the order has been personally served with a copy of the order
or has actual notice of the order. Entry into the Law Enforcement
Data System constitutes notice to all law enforcement agencies of
the existence of the restraining order. Law enforcement agencies
shall establish procedures adequate to ensure that an officer at
the scene of an alleged violation of the order may be informed of
the existence and terms of the order. The order is fully
enforceable as an Oregon order in any county or tribal land in
this state.
(b) The Department of State Police shall specify information
that is required for a foreign restraining order to be entered
into the Law Enforcement Data System.
(c) At the time a county sheriff enters an order into the Law
Enforcement Data System under paragraph (a) of this subsection,
the sheriff shall also enter the order into the databases of the
National Crime Information Center of the United States Department
of Justice.
(4) Pending a contempt hearing for alleged violation of a
foreign restraining order, a person arrested and taken into
custody pursuant to ORS 133.310 may be released as provided in
ORS 135.230 to 135.290. Unless the order provides otherwise, the
security amount for release is $5,000.
(5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and
24.155 do not apply to a foreign restraining order.
(6) A person protected by a foreign restraining order may file
a certified copy of the order and proof of service in the office
of the clerk of any circuit court of any county of this state. A
judgment so filed has the same effect and is subject to the same
procedures, defenses and proceedings for reopening, vacating or
staying as a judgment of the circuit court in which the foreign
judgment is filed, and may be enforced or satisfied in like
manner. The filing fee provided for in ORS 21.325 { - (3) - }
{ + (1)(c) + } shall not apply to a filing under this section.
SECTION 75. ORS 24.190, as amended by section 74 of this 2003
Act, is amended to read:
24.190. (1) For the purposes of this section:
(a) 'Foreign restraining order' means a restraining order that
is a foreign judgment as defined by ORS 24.105.
(b)(A) 'Restraining order' means an injunction or other order
issued for the purpose of preventing:
(i) Violent or threatening acts or harassment against another
person;
(ii) Contact or communication with another person; or
(iii) Physical proximity to another person.
(B) 'Restraining order' includes temporary and final orders,
other than support or child custody orders, issued by a civil or
criminal court regardless of whether the order was obtained by
filing an independent action or as a pendente lite order in
another proceeding. However, for a civil order to be considered a
restraining order, the civil order must have been issued in
response to a complaint, petition or motion filed by or on behalf
of a person seeking protection.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, immediately upon the arrival in this state of a
person protected by a foreign restraining order, the foreign
restraining order is enforceable as an Oregon order without the
necessity of filing and continues to be enforceable as an Oregon
order without any further action by the protected person.
(b) A foreign restraining order is not enforceable as an Oregon
order if:
(A) The person restrained by the order shows that:
(i) The court that issued the order lacked jurisdiction over
the subject matter or lacked personal jurisdiction over the
person restrained by the order; or
(ii) The person restrained by the order was not given
reasonable notice and an opportunity to be heard under the law of
the jurisdiction in which the order was issued; or
(B) The foreign restraining order was issued against a person
who had petitioned for a restraining order unless:
(i) The person protected by the foreign restraining order filed
a separate petition seeking the restraining order; and
(ii) The court issuing the foreign restraining order made
specific findings that the person was entitled to the order.
(3)(a) A person protected by a foreign restraining order may
present a true copy of the order to a county sheriff for entry
into the Law Enforcement Data System maintained by the Department
of State Police. Subject to paragraph (b) of this subsection, the
county sheriff shall enter the order into the Law Enforcement
Data System if the person certifies that the order is the most
recent order in effect between the parties and provides proof of
service or other written certification that the person restrained
by the order has been personally served with a copy of the order
or has actual notice of the order. Entry into the Law Enforcement
Data System constitutes notice to all law enforcement agencies of
the existence of the restraining order. Law enforcement agencies
shall establish procedures adequate to ensure that an officer at
the scene of an alleged violation of the order may be informed of
the existence and terms of the order. The order is fully
enforceable as an Oregon order in any county or tribal land in
this state.
(b) The Department of State Police shall specify information
that is required for a foreign restraining order to be entered
into the Law Enforcement Data System.
(c) At the time a county sheriff enters an order into the Law
Enforcement Data System under paragraph (a) of this subsection,
the sheriff shall also enter the order into the databases of the
National Crime Information Center of the United States Department
of Justice.
(4) Pending a contempt hearing for alleged violation of a
foreign restraining order, a person arrested and taken into
custody pursuant to ORS 133.310 may be released as provided in
ORS 135.230 to 135.290. Unless the order provides otherwise, the
security amount for release is $5,000.
(5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and
24.155 do not apply to a foreign restraining order.
(6) A person protected by a foreign restraining order may file
a certified copy of the order and proof of service in the office
of the clerk of any circuit court of any county of this state. A
judgment so filed has the same effect and is subject to the same
procedures, defenses and proceedings for reopening, vacating or
staying as a judgment of the circuit court in which the foreign
judgment is filed, and may be enforced or satisfied in like
manner. The filing fee provided for in ORS 21.325
{ - (1)(c) - } { + (3) + } shall not apply to a filing under
this section.
SECTION 76. { + The amendments to ORS 24.190 by section 75 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 77. ORS 46.488 is amended to read:
46.488. (1) A judgment entered in the small claims department
of a circuit court may be docketed in the docket of the circuit
court only as provided in subsection (2) of this section if the
judgment is in an amount of $10 or more and less than $3,000,
exclusive of costs or disbursements. A judgment entered in the
small claims department in an amount of $3,000 or more shall be
docketed in the docket of the circuit court in the same manner as
other judgments in circuit court, and shall become a lien upon
all real property of the judgment debtor in the manner described
by ORS 18.350.
(2) When a judgment is entered in the small claims department
in an amount of $10 or more and less than $3,000, exclusive of
costs or disbursements, the judgment creditor may at any time
before expiration of the judgment under ORS 18.360 cause the
judgment to be docketed by paying to the clerk of the court that
entered the judgment the fees established by ORS 21.325 { - (1)
and (2) - } { + (1)(a) and (b) + } and requesting the filing
and docketing of the certified transcript of judgment. Upon
receipt of the fees and request for docketing, the clerk shall
docket the judgment in the judgment docket of the circuit court.
Upon docketing, the judgment shall become a lien on real property
of the judgment debtor in the county in which the judgment is
docketed. In any other county, the judgment may become a lien on
real property of the judgment debtor in the county if a certified
copy of the judgment, or a lien record abstract for the docketed
judgment in the form prescribed by ORS 18.325, is recorded in the
County Clerk Lien Record. The judgment becomes a lien on real
property of the judgment debtor in the other county on the date
that the copy of the judgment or lien record abstract is so
recorded.
SECTION 78. ORS 46.488, as amended by section 77 of this 2003
Act, is amended to read:
46.488. (1) A judgment entered in the small claims department
of a circuit court may be docketed in the docket of the circuit
court only as provided in subsection (2) of this section if the
judgment is in an amount of $10 or more and less than $3,000,
exclusive of costs or disbursements. A judgment entered in the
small claims department in an amount of $3,000 or more shall be
docketed in the docket of the circuit court in the same manner as
other judgments in circuit court, and shall become a lien upon
all real property of the judgment debtor in the manner described
by ORS 18.350.
(2) When a judgment is entered in the small claims department
in an amount of $10 or more and less than $3,000, exclusive of
costs or disbursements, the judgment creditor may at any time
before expiration of the judgment under ORS 18.360 cause the
judgment to be docketed by paying to the clerk of the court that
entered the judgment the fees established by ORS 21.325
{ - (1)(a) and (b) - } { + (1) and (2) + } and requesting the
filing and docketing of the certified transcript of judgment.
Upon receipt of the fees and request for docketing, the clerk
shall docket the judgment in the judgment docket of the circuit
court. Upon docketing, the judgment shall become a lien on real
property of the judgment debtor in the county in which the
judgment is docketed. In any other county, the judgment may
become a lien on real property of the judgment debtor in the
county if a certified copy of the judgment, or a lien record
abstract for the docketed judgment in the form prescribed by ORS
18.325, is recorded in the County Clerk Lien Record. The judgment
becomes a lien on real property of the judgment debtor in the
other county on the date that the copy of the judgment or lien
record abstract is so recorded.
SECTION 79. { + The amendments to ORS 46.488 by section 78 of
this 2003 Act become operative on July 1, 2005. + }
SECTION 80. ORS 52.635 is amended to read:
52.635. (1) After a judgment is docketed in a justice court, a
certified copy of the judgment or a lien record abstract for the
judgment may be recorded in the County Clerk Lien Record for the
county that contains the justice court that rendered the
judgment. The certified copy or lien record abstract may be
recorded by the judgment creditor or by the agent of the judgment
creditor at any time after the judgment is rendered and before
the judgment expires under ORS 18.365 or is fully satisfied. From
the time the certified copy of the judgment or the lien record
abstract is recorded in the County Clerk Lien Record, the
judgment is a lien upon the real property of the defendant in the
county.
(2) In lieu of recording a certified copy of a judgment or a
lien record abstract for a judgment under subsection (1) of this
section, a judgment rendered by a justice court in a civil action
may be transcribed to the circuit court for the county that
contains the justice court that rendered the judgment. The
judgment may be transcribed by the filing of a certified
transcript of the judgment with the clerk of the circuit court.
The transcript must contain a copy of all the docket entries made
in the case and the judgment as rendered by the justice,
certified to be a true and correct transcript from the original
entries by the justice court. Upon filing of the certified
transcript, the clerk shall docket the transcribed judgment in
the judgment docket of the circuit court. From the time the
judgment is docketed in the circuit court, the judgment shall be
a lien upon the real property of the defendant in that county. A
judgment in a criminal action may not be transcribed to circuit
court under the provisions of this subsection.
(3) A certified copy of a judgment docketed in a justice court,
or a lien record abstract for the judgment, may be recorded in
any County Clerk Lien Record. The judgment or lien record
abstract may be recorded in a county other than the county that
contains the justice court that rendered the judgment without
transcribing the justice court judgment to the circuit court for
the county that contains the justice court that rendered the
judgment, or recording a certified copy of the judgment or a lien
record abstract for the judgment in the County Clerk Lien Record
for the county that contains the justice court. If the judgment
has been transcribed to circuit court, or a certified copy of the
judgment or a lien record abstract for the judgment has been
recorded in any County Clerk Lien Record, a lien record abstract
for the judgment in the form provided by ORS 18.325 may be
recorded in the County Clerk Lien Record for any other county.
From the time the certified copy of the judgment or lien record
abstract for the judgment is recorded in the County Clerk Lien
Record of another county, the judgment is a lien upon the real
property of the defendant in that county.
(4) A certified copy of a justice court judgment renewed under
ORS 18.365, or a lien record abstract for the renewed judgment,
may be transcribed to circuit court or recorded in a County Clerk
Lien Record in the same manner as provided for original judgments
under this section and with like effect.
(5) The transcribing of a justice court judgment to circuit
court under this section, or the recording of a certified copy of
a justice court judgment or a lien record abstract under this
section, does not extend the lien of the judgment more than 10
years from the original entry of the judgment in the justice
court.
(6) The fee for filing a transcript with the clerk of the
circuit court under subsection (2) of this section shall be as
provided in ORS 21.325 { - (2) - } { + (1)(b) + }. The fee
for recording a certified copy of a justice court judgment or a
lien record abstract under this section shall be as provided in
ORS 205.320.
(7) A justice court and circuit court may enter into an
agreement to allow for electronic transcription of justice court
judgments under this section. A justice court and county clerk
may enter into an agreement to allow for electronic recording of
judgments and lien record abstracts under this section.
SECTION 81. ORS 52.635, as amended by section 80 of this 2003
Act, is amended to read:
52.635. (1) After a judgment is docketed in a justice court, a
certified copy of the judgment or a lien record abstract for the
judgment may be recorded in the County Clerk Lien Record for the
county that contains the justice court that rendered the
judgment. The certified copy or lien record abstract may be
recorded by the judgment creditor or by the agent of the judgment
creditor at any time after the judgment is rendered and before
the judgment expires under ORS 18.365 or is fully satisfied. From
the time the certified copy of the judgment or the lien record
abstract is recorded in the County Clerk Lien Record, the
judgment is a lien upon the real property of the defendant in the
county.
(2) In lieu of recording a certified copy of a judgment or a
lien record abstract for a judgment under subsection (1) of this
section, a judgment rendered by a justice court in a civil action
may be transcribed to the circuit court for the county that
contains the justice court that rendered the judgment. The
judgment may be transcribed by the filing of a certified
transcript of the judgment with the clerk of the circuit court.
The transcript must contain a copy of all the docket entries made
in the case and the judgment as rendered by the justice,
certified to be a true and correct transcript from the original
entries by the justice court. Upon filing of the certified
transcript, the clerk shall docket the transcribed judgment in
the judgment docket of the circuit court. From the time the
judgment is docketed in the circuit court, the judgment shall be
a lien upon the real property of the defendant in that county. A
judgment in a criminal action may not be transcribed to circuit
court under the provisions of this subsection.
(3) A certified copy of a judgment docketed in a justice court,
or a lien record abstract for the judgment, may be recorded in
any County Clerk Lien Record. The judgment or lien record
abstract may be recorded in a county other than the county that
contains the justice court that rendered the judgment without
transcribing the justice court judgment to the circuit court for
the county that contains the justice court that rendered the
judgment, or recording a certified copy of the judgment or a lien
record abstract for the judgment in the County Clerk Lien Record
for the county that contains the justice court. If the judgment
has been transcribed to circuit court, or a certified copy of the
judgment or a lien record abstract for the judgment has been
recorded in any County Clerk Lien Record, a lien record abstract
for the judgment in the form provided by ORS 18.325 may be
recorded in the County Clerk Lien Record for any other county.
From the time the certified copy of the judgment or lien record
abstract for the judgment is recorded in the County Clerk Lien
Record of another county, the judgment is a lien upon the real
property of the defendant in that county.
(4) A certified copy of a justice court judgment renewed under
ORS 18.365, or a lien record abstract for the renewed judgment,
may be transcribed to circuit court or recorded in a County Clerk
Lien Record in the same manner as provided for original judgments
under this section and with like effect.
(5) The transcribing of a justice court judgment to circuit
court under this section, or the recording of a certified copy of
a justice court judgment or a lien record abstract under this
section, does not extend the lien of the judgment more than 10
years from the original entry of the judgment in the justice
court.
(6) The fee for filing a transcript with the clerk of the
circuit court under subsection (2) of this section shall be as
provided in ORS 21.325 { - (1)(b) - } { + (2) + }. The fee
for recording a certified copy of a justice court judgment or a
lien record abstract under this section shall be as provided in
ORS 205.320.
(7) A justice court and circuit court may enter into an
agreement to allow for electronic transcription of justice court
judgments under this section. A justice court and county clerk
may enter into an agreement to allow for electronic recording of
judgments and lien record abstracts under this section.
SECTION 82. { + The amendments to ORS 52.635 by section 81
of + } { + this 2003 Act become operative on July 1, 2005. + }
SECTION 83. { + (1) The Judicial Department Operating Account
is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the account shall be
credited to the account. All moneys in the account are
continuously appropriated to the Judicial Department and may be
used only to pay the operating expenses of the department.
(2) All moneys collected from the surcharges imposed by the
amendments to ORS 21.010, 21.040, 21.110, 21.111, 21.114, 21.270,
21.275, 21.310, 21.325, 34.340, 36.350, 36.355, 36.520, 46.570,
105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560,
419B.555 and 813.240 by sections 1, 5, 8, 12, 16, 19, 23, 26, 29,
32, 35, 38, 41, 44, 47, 50, 53, 56, 59, 62, 65, 68 and 71 of this
2003 Act shall be deposited in the Judicial Department Operating
Account.
(3) The department may accept gifts, grants or contributions
from any source, whether public or private, for deposit in the
Judicial Department Operating Account. + }
SECTION 84. { + (1) Notwithstanding ORS 21.350, the amount of
the law library fee collected by the clerk of a court under ORS
21.350 in each civil suit, action or proceeding filed in a
circuit court on and after September 1, 2003, and before July 1,
2005, may not exceed the amount of the fee collected by the clerk
in the 2001-2003 biennium.
(2) The surcharges imposed by the amendments to ORS 21.010,
21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325,
34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434,
108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240
by sections 1, 5, 8, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41, 44,
47, 50, 53, 56, 59, 62, 65, 68 and 71 of this 2003 Act are fees
for the purposes of ORS 21.605, 21.615, 128.258 (2) and 128.280
(10) and any other statute relating to the fees imposed under ORS
21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310,
21.325, 34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434,
108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and
813.240. + }
{ +
JUDGMENTS FOR DEFERRED FEES + }
SECTION 85. ORS 21.605 is amended to read:
21.605. (1)(a) The Chief Justice of the Supreme Court, the
Chief Judge of the Court of Appeals, a judge of a circuit or
county court, the judge of the Oregon Tax Court or a justice of
the peace may waive in whole or in part, defer in whole or in
part, or both, all fees and court costs payable by a party to a
particular civil action or proceeding in the court of the justice
or judge, upon application by the party, if the justice or judge
finds that the party is unable to pay all or any part of the fees
and costs. Waiver or deferral of an inmate's fees and court costs
is subject to ORS 30.642 to 30.650.
(b) { - No fee shall be required - } { + A fee may not be
charged + } for filing an application under paragraph (a) of this
subsection.
{ - (c) In the judgment or other final written disposition of
the action or proceeding the court shall note the dollar amount
of the fees and costs not waived and then unpaid, and that amount
shall be a judgment in favor of the public body to which the fees
and costs are owed. Failure of the court to perform the duty
imposed by this paragraph does not otherwise affect the validity
of the judgment or other final written disposition. - }
{ + (c) All amounts deferred under this subsection constitute
a monetary obligation payable to the public body to which the
fees and court costs are owed, and may be made part of the
judgment or other final written disposition of the action or
proceeding by the clerk of the court or by the State Court
Administrator without further notice to the debtor or further
order of the court. + }
(d) The judgment or other final written disposition of the
action or proceeding may { - also contain an order for - }
{ + provide that all or part of deferred amounts be waived if
the court determines that the person is unable to pay the
deferred amounts or may require + } the payment of the
{ - amount of the fees and costs not waived and then unpaid - }
{ + deferred amounts + } not later than a date certain { - or
on the happening of one or more events - } . A default in payment
by the person so ordered to pay shall subject the person to a
contempt proceeding.
(e) A judgment or other final written disposition rendered
under this subsection may be filed, entered and docketed as a
judgment in any county in this state.
(2) If fees and court costs payable by a party to a civil
action or proceeding have been waived or deferred under
subsection (1) of this section, that party { - shall - }
{ + is + } not { - be - } required to pay any fees or costs
so waived or deferred except as provided in subsection (1) of
this section and ORS 30.642 to 30.650, and any pleading,
petition, application, request, motion, claim, demand, exception
or other paper or appearance presented by that party for filing
or acceptance in the action or proceeding shall be filed or
accepted without the payment of any such fees or costs.
(3)(a) In a civil action or proceeding, the court to which an
appeal is taken may waive in whole or in part, defer in whole or
in part, or partially waive and partially defer the expense of
preparing a transcript on appeal, if:
(A) The party requesting the transcript is unable to pay the
expense of preparing the transcript; and
(B) The party requesting the transcript makes a prima facie
showing that the transcript is necessary to prosecute the appeal
and would reveal reversible error in the action or proceeding.
(b) In any civil action or proceeding in which the court waives
or defers any part of the expense of preparing a transcript on
appeal, the court shall authorize preparation of only so much of
the transcript as is necessary to prosecute the appeal.
(c) To the extent that the court waives or defers any part of
the expense of preparing a transcript on appeal, the State Court
Administrator shall pay the expense out of funds appropriated for
that purpose.
(d) If the court defers payment of any part of the expense of
preparing a transcript, and any part of the deferred expense
remains unpaid at the conclusion of the appeal, { - the court
may enter judgment against the party for - } the unpaid amounts
{ + may be made part of the judgment or other final written
disposition of the action or proceeding + } in the manner
provided by subsection (1) of this section.
(e) If costs on appeal are awarded to a party who has obtained
a waiver or deferral under this subsection, any portion of the
costs awarded for the expense of preparing the transcript on
appeal shall be ordered paid to the State Court Administrator to
the extent that the waived or deferred expense was paid by the
State Court Administrator.
(f) Waiver or deferral of an inmate's expenses under this
subsection is subject to ORS 30.642 to 30.650.
(4) In any case in which fees and court costs have been waived
or deferred under this section, a judgment or other final written
disposition shall be rendered as in other cases, but the state
{ - shall - } { + is + } not { - be - } liable for the
payment of any fees or costs awarded against a party whose fees
or costs have been waived or deferred.
(5) In the exercise of the authority granted by ORS 1.002, the
Chief Justice of the Supreme Court may provide by rule standards
and practices for waiver or deferral of fees, court costs and
{ - expense - } { + expenses + } under this section.
{ +
FINE INCREASES FOR CRIMES + }
SECTION 86. ORS 161.625 is amended to read:
161.625. (1) A sentence to pay a fine for a felony shall be a
sentence to pay an amount, fixed by the court, not exceeding:
(a) { - $300,000 - } { + $375,000 + } for a Class A felony.
(b) { - $200,000 - } { + $250,000 + } for a Class B felony.
(c) { - $100,000 - } { + $125,000 + } for a Class C felony.
(2) A sentence to pay a fine for an unclassified felony shall
be a sentence to pay an amount, fixed by the court, as provided
in the statute defining the crime.
(3)(a) If a person has gained money or property through the
commission of a felony, then upon conviction thereof the court,
in lieu of imposing the fine authorized for the crime under
subsection (1) or (2) of this section, may sentence the defendant
to pay an amount, fixed by the court, not exceeding double the
amount of the defendant's gain from the commission of the crime.
(b) The provisions of paragraph (a) of this subsection do not
apply to the felony theft of a companion animal, as defined in
ORS 164.055, or a captive wild animal.
(4) As used in this section, 'gain' means the amount of money
or the value of property derived from the commission of the
felony, less the amount of money or the value of property
returned to the victim of the crime or seized by or surrendered
to lawful authority before the time sentence is imposed. 'Value'
shall be determined by the standards established in ORS 164.115.
(5) When the court imposes a fine for a felony the court shall
make a finding as to the amount of the defendant's gain from the
crime. If the record does not contain sufficient evidence to
support a finding the court may conduct a hearing upon the issue.
(6) Except as provided in ORS 161.655, this section
{ - shall - } { + does + } not apply to a corporation.
SECTION 87. ORS 161.635 is amended to read:
161.635. (1) A sentence to pay a fine for a misdemeanor shall
be a sentence to pay an amount, fixed by the court, not
exceeding:
(a) { - $5,000 - } { + $6,250 + } for a Class A
misdemeanor.
(b) { - $2,000 - } { + $2,500 + } for a Class B
misdemeanor.
(c) { - $1,000 - } { + $1,250 + } for a Class C
misdemeanor.
(2) A sentence to pay a fine for an unclassified misdemeanor
shall be a sentence to pay an amount, fixed by the court, as
provided in the statute defining the crime.
(3) If a person has gained money or property through the
commission of a misdemeanor, then upon conviction thereof the
court, instead of imposing the fine authorized for the offense
under this section, may sentence the defendant to pay an amount
fixed by the court, not exceeding double the amount of the
defendant's gain from the commission of the offense. In that
event, ORS 161.625 (4) and (5) apply.
(4) This section { - shall - } { + does + } not apply to
corporations.
SECTION 88. { + The amendments to ORS 161.625 and 161.635 by
sections 86 and 87 of this 2003 Act become operative on September
1, 2003. + }
{ +
FINES FOR CRIMES TREATED AS VIOLATIONS + }
SECTION 89. ORS 161.566 is amended to read:
161.566. (1) Except as provided in subsection (4) of this
section, a prosecuting attorney may elect to treat any
misdemeanor as a Class A violation. The election must be made by
the prosecuting attorney orally at the time of the first
appearance of the defendant or in writing filed on or before the
time scheduled for the first appearance of the defendant. If no
election is made within the time allowed, the case shall proceed
as a misdemeanor.
(2) If a prosecuting attorney elects to treat a misdemeanor as
a Class A violation under this section, the court shall amend the
accusatory instrument to reflect the charged offense as a Class A
violation and clearly denominate the offense as a Class A
violation in any judgment entered in the matter. { +
Notwithstanding ORS 153.018, the maximum fine that a court may
impose upon conviction of a violation under this section may not
exceed the amount provided in ORS 161.635 for the class of
misdemeanor receiving violation treatment. + }
(3) If a prosecuting attorney elects to treat a misdemeanor as
a Class A violation under this section, and the defendant fails
to make any required appearance in the matter, the court may
enter a default judgment against the defendant in the manner
provided by ORS 153.102. { + Notwithstanding ORS 153.018, + }
the maximum fine that the court may impose under a default
judgment entered pursuant to ORS 153.102 is the maximum fine for
{ - a Class A violation, as provided in ORS 153.018 - } { +
the class of misdemeanor receiving violation treatment + }.
(4) A prosecuting attorney may not elect to treat misdemeanors
created under ORS 811.540 or 813.010 as violations under the
provisions of this section.
(5) The election provided for in this section may be made by a
city attorney acting as prosecuting attorney in the case of
municipal ordinance offenses, a county counsel acting as
prosecuting attorney under a county charter in the case of county
ordinance offenses, and the Attorney General acting as
prosecuting attorney in those criminal actions or proceedings
within the jurisdiction of the Attorney General.
{ + (6) Notwithstanding ORS 137.290 (1)(d), the unitary
assessment imposed upon conviction of a violation under this
section is the amount provided in ORS 137.290 for the misdemeanor
receiving violation treatment. + }
SECTION 90. ORS 161.568 is amended to read:
161.568. (1) Except as provided in subsection (4) of this
section, a court may elect to treat any misdemeanor as a Class A
violation for the purpose of entering a default judgment under
ORS 153.102 if:
(a) A complaint or information has been filed with the court
for the misdemeanor;
(b) The defendant has failed to make an appearance in the
proceedings required by the court or by law; and
(c) The court has given notice to the district attorney for the
county and the district attorney has informed the court that the
district attorney does not object to treating the misdemeanor as
a Class A violation.
(2) If the court treats a misdemeanor as a Class A violation
under this section, the court shall amend the accusatory
instrument to reflect the charged offense as a Class A violation
and clearly denominate the offense as a Class A violation in the
judgment entered in the matter.
(3) { + Notwithstanding ORS 153.018, + } if the court treats a
misdemeanor as a Class A violation under this section, the
maximum fine that the court may impose under a default judgment
entered pursuant to ORS 153.102 is the maximum fine for { - a
Class A violation, as provided in ORS 153.018 - } { + the class
of misdemeanor receiving violation treatment + }.
(4) A court may not treat misdemeanors created under ORS
811.540 or 813.010 as violations under the provisions of this
section.
{ + (5) Notwithstanding ORS 137.290 (1)(d), the unitary
assessment imposed upon conviction of a violation under this
section is the amount provided in ORS 137.290 for the misdemeanor
receiving violation treatment. + }
SECTION 91. { + The amendments to ORS 161.566 and 161.568 by
sections 89 and 90 of this 2003 Act become operative on September
1, 2003. + }
{ +
LEGAL AID FEE INCREASE + }
SECTION 92. ORS 21.480 is amended to read:
21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in { + subsection (2) of + } this
section to assist in defraying the operating costs of the legal
aid program and to fund mediation programs offered through the
State Department of Agriculture. The fees provided for in
{ + subsection (2) of + } this section are in addition to all
other fees collected by the clerk of the court { - , - } and
shall be collected by the clerk in the same manner that other
fees are collected by the clerk.
(2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first paper in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
(a) { - $7 - } { + $8 + }, for filings in the small claims
department of a circuit court.
(b) { - $13 - } { + $15 + }, upon the filing of a complaint
that is subject to the filing fee established under ORS 105.130
(2). If the defendant demands a trial, the clerk shall collect a
fee of { - $28 - } { + $32 + } from the defendant, and an
additional fee of { - $15 - } { + $17 + } from the plaintiff.
In no event shall the plaintiff in an action subject to the
filing fee established under ORS 105.130 be required to pay a
total fee of more than { - $28 - } { + $32 + } under the
provisions of this subsection.
(c) { - $24 - } { + $27 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
(d) { - $22 - } { + $25 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2).
(e) { - $28 - } { + $32 + }, for any other filings in a
circuit court not specifically provided for in this subsection,
including all probate proceedings, protective proceedings under
ORS chapter 125, adoption proceedings and change of name
proceedings.
{ + (3) In addition to the fees provided for in ORS 21.010,
the State Court Administrator shall collect a fee of $55 from an
appellant or petitioner whenever a filing fee is collected under
ORS 21.010 and a fee of $15 from each respondent whenever an
appearance fee is collected under ORS 21.010. + }
{ - (3) - } { + (4) + } All fees collected { + by the
clerk + } under this section shall be deposited with the State
Court Administrator { + . All fees collected under this section
shall be distributed + } in the manner provided by ORS 9.574.
{ - (4) - } { + (5) + } Ten percent of the funds deposited
with the State Court Administrator under this section shall be
transferred by the State Court Administrator on a monthly basis
to the State Department of Agriculture, until such time as the
amount specified under subsection { - (5) - } { + (6) + } of
this section has been transferred to the State Department of
Agriculture for the biennium. Moneys transferred to the State
Department of Agriculture under this section are continuously
appropriated to the department and may be used by the department
only for the purpose of funding mediation programs established by
the department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the Dispute Resolution Commission in
establishing and operating mediation programs funded under this
subsection.
{ - (5) The amount transferred by the State Court
Administrator to the State Department of Agriculture under
subsection (4) of this section shall not exceed: - }
{ - (a) $80,000 in the 1997-1999 biennium; and - }
{ - (b) $100,000 in all biennia after the 1997-1999
biennium. - }
{ + (6) The amount transferred by the State Court
Administrator to the State Department of Agriculture under
subsection (5) of this section may not exceed $150,000 in any
biennium. + }
SECTION 93. { + (1) The amendments to ORS 21.480 by section 92
of this 2003 Act apply only to filings and requests for hearings
made on or after September 1, 2003. + }
{ + (2) The limit on amounts transferred by the State Court
Administrator to the State Department of Agriculture by ORS
21.480 (6) apply to the biennium beginning July 1, 2003, and to
all subsequent biennia. + }
SECTION 94. ORS 21.480, as amended by section 92 of this 2003
Act, is amended to read:
21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in subsection (2) of this section
to assist in defraying the operating costs of the legal aid
program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection
(2) of this section are in addition to all other fees collected
by the clerk of the court and shall be collected by the clerk in
the same manner that other fees are collected by the clerk.
(2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first paper in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
(a) { - $8 - } { + $9 + }, for filings in the small claims
department of a circuit court.
(b) { - $15 - } { + $17 + }, upon the filing of a complaint
that is subject to the filing fee established under ORS 105.130
(2). If the defendant demands a trial, the clerk shall collect a
fee of { - $32 - } { + $35 + } from the defendant, and an
additional fee of { - $17 - } { + $19 + } from the plaintiff.
In no event shall the plaintiff in an action subject to the
filing fee established under ORS 105.130 be required to pay a
total fee of more than { - $32 - } { + $36 + } under the
provisions of this subsection.
(c) { - $27 - } { + $30 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
(d) { - $25 - } { + $28 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2).
(e) { - $32 - } { + $35 + }, for any other filings in a
circuit court not specifically provided for in this subsection,
including all probate proceedings, protective proceedings under
ORS chapter 125, adoption proceedings and change of name
proceedings.
(3) In addition to the fees provided for in ORS 21.010, the
State Court Administrator shall collect a fee of $55 from an
appellant or petitioner whenever a filing fee is collected under
ORS 21.010 and a fee of $15 from each respondent whenever an
appearance fee is collected under ORS 21.010.
(4) All fees collected by the clerk under this section shall be
deposited with the State Court Administrator. All fees collected
under this section shall be distributed in the manner provided by
ORS 9.574.
(5) Ten percent of the funds deposited with the State Court
Administrator under this section shall be transferred by the
State Court Administrator on a monthly basis to the State
Department of Agriculture, until such time as the amount
specified under subsection (6) of this section has been
transferred to the State Department of Agriculture for the
biennium. Moneys transferred to the State Department of
Agriculture under this section are continuously appropriated to
the department and may be used by the department only for the
purpose of funding mediation programs established by the
department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the Dispute Resolution Commission in
establishing and operating mediation programs funded under this
subsection.
(6) The amount transferred by the State Court Administrator to
the State Department of Agriculture under subsection (5) of this
section may not exceed $150,000 in any biennium.
SECTION 95. { + The amendments to ORS 21.480 by section 94 of
this 2003 Act become operative on July 1, 2004, and apply only to
filings and requests for hearings made on or after July 1,
2004. + }
SECTION 96. ORS 21.480, as amended by sections 92 and 94 of
this 2003 Act, is amended to read:
21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in subsection (2) of this section
to assist in defraying the operating costs of the legal aid
program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection
(2) of this section are in addition to all other fees collected
by the clerk of the court and shall be collected by the clerk in
the same manner that other fees are collected by the clerk.
(2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first paper in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
(a) { - $9 - } { + $9.50 + }, for filings in the small
claims department of a circuit court.
(b) { - $17 - } { + $18 + }, upon the filing of a complaint
that is subject to the filing fee established under ORS 105.130
(2). If the defendant demands a trial, the clerk shall collect a
fee of { - $35 - } { + $38 + } from the defendant, and an
additional fee of { - $19 - } { + $21 + } from the plaintiff.
In no event shall the plaintiff in an action subject to the
filing fee established under ORS 105.130 be required to pay a
total fee of more than { - $36 - } { + $39 + } under the
provisions of this subsection.
(c) { - $30 - } { + $33 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
(d) { - $28 - } { + $30 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2).
(e) { - $35 - } { + $38 + }, for any other filings in a
circuit court not specifically provided for in this subsection,
including all probate proceedings, protective proceedings under
ORS chapter 125, adoption proceedings and change of name
proceedings.
(3) In addition to the fees provided for in ORS 21.010, the
State Court Administrator shall collect a fee of $55 from an
appellant or petitioner whenever a filing fee is collected under
ORS 21.010 and a fee of $15 from each respondent whenever an
appearance fee is collected under ORS 21.010.
(4) All fees collected by the clerk under this section shall be
deposited with the State Court Administrator. All fees collected
under this section shall be distributed in the manner provided by
ORS 9.574.
(5) Ten percent of the funds deposited with the State Court
Administrator under this section shall be transferred by the
State Court Administrator on a monthly basis to the State
Department of Agriculture, until such time as the amount
specified under subsection (6) of this section has been
transferred to the State Department of Agriculture for the
biennium. Moneys transferred to the State Department of
Agriculture under this section are continuously appropriated to
the department and may be used by the department only for the
purpose of funding mediation programs established by the
department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the Dispute Resolution Commission in
establishing and operating mediation programs funded under this
subsection.
(6) The amount transferred by the State Court Administrator to
the State Department of Agriculture under subsection (5) of this
section may not exceed $150,000 in any biennium.
SECTION 97. { + The amendments to ORS 21.480 by section 96 of
this 2003 Act become operative on July 1, 2005, and apply only to
filings and requests for hearings made on or after July 1,
2005. + }
SECTION 98. ORS 9.574 is amended to read:
9.574. All fees collected under the provisions of ORS 21.480
shall be deposited with the State Court Administrator. Within the
first 25 days of the month following the month in which the fees
are collected, the State Court Administrator shall make the
distribution required by ORS 21.480 { - (4) - } { + (5) + }.
The remaining funds deposited with the State Court Administrator
shall be deposited by the State Court Administrator with the
Oregon State Bar. All amounts so deposited with the Oregon State
Bar are continuously appropriated to the Oregon State Bar, and
may be used only for the funding of legal services provided
through the Legal Services Program established under ORS 9.572
and for expenses incurred by the Oregon State Bar in the
administration of the Legal Services Program.
{ +
SHORTHAND REPORTER EXAM FEE + }
SECTION 99. ORS 8.445 is amended to read:
8.445. (1) The State Court Administrator shall establish a fee
schedule for fees authorized by ORS 8.415 to 8.455, as follows:
(a) Not to exceed $100 for initial registration.
(b) Not to exceed $100 for biennial renewal.
(c) Not to exceed { - $50 - } { + $100 + } for the
examination.
(2) Fees are nonrefundable.
(3) Subject to a report to the Emergency Board prior to
adopting the fees and charges, the fees and charges established
under this section shall not exceed the cost of administering and
enforcing ORS 8.415 to 8.455, consistent with the budget
authorized by the Legislative Assembly, as that budget may be
modified by the Emergency Board.
SECTION 100. { + The amendments to ORS 8.445 by section 99 of
this 2003 Act apply only to examinations conducted under ORS
8.415 to 8.455 on or after September 1, 2003. + }
{ +
APPEALS IN CRIMINAL CASES + }
SECTION 101. ORS 138.053 is amended to read:
138.053. (1) A judgment, or order of a court, if the order is
imposed after judgment, is subject to the appeal provisions and
limitations on review under ORS 138.040 and 138.050 if the
disposition includes any of the following:
(a) Imposition of a sentence on conviction.
(b) Suspension of imposition or execution of any part of a
sentence.
(c) Extension of a period of probation.
(d) Imposition or modification of a condition of probation or
of sentence suspension.
(e) Imposition or execution of a sentence upon revocation of
probation or sentence suspension.
(2) A disposition described under subsection (1) of this
section is not subject to appeal after the expiration of the time
specified in ORS 138.071 for appealing from the judgment or order
imposing it, except as may be provided in ORS 138.510 to 138.680.
(3) Notwithstanding ORS 138.040 and 138.050, upon an appeal
from a judgment or order described in subsection { - (1)(e) - }
{ + (1)(c) to (e) + } of this section, the appellate court may
review the order that { + extended the period of the defendant's
probation, imposed or modified a condition of the defendant's
probation or sentence suspension or + } revoked the defendant's
probation or sentence suspension if the defendant shows a
colorable claim of error in the proceeding from which the appeal
is taken.
SECTION 102. ORS 138.222 is amended to read:
138.222. (1) Notwithstanding the provisions of ORS 138.040 and
138.050, a sentence imposed for a judgment of conviction entered
for a felony committed on or after November 1, 1989, may be
reviewed only as provided by this section.
(2) Except as otherwise provided in subsection (4)(c) of this
section, on appeal from a judgment of conviction entered for a
felony committed on or after November 1, 1989, the appellate
court
{ - shall - } { + may + } not review:
(a) Any sentence that is within the presumptive sentence
prescribed by the rules of the Oregon Criminal Justice
Commission.
(b) A sentence of probation when the rules of the Oregon
Criminal Justice Commission prescribe a presumptive sentence of
imprisonment but allow a sentence of probation without departure.
(c) A sentence of imprisonment when the rules of the Oregon
Criminal Justice Commission prescribe a presumptive sentence of
imprisonment but allow a sentence of probation without departure.
(d) Any sentence resulting from a stipulated sentencing
agreement between the state and the defendant which the
sentencing court approves on the record.
(e) Except as authorized in subsections (3) and (4) of this
section, any other issue related to sentencing.
(3) In any appeal from a judgment of conviction imposing a
sentence that departs from the presumptive sentence prescribed by
the rules of the Oregon Criminal Justice Commission, sentence
review { - shall be - } { + is + } limited to whether the
sentencing court's findings of fact and reasons justifying a
departure from the sentence prescribed by the rules of the Oregon
Criminal Justice Commission:
(a) Are supported by the evidence in the record; and
(b) Constitute substantial and compelling reasons for
departure.
(4) In any appeal, the appellate court may review a claim that:
(a) The sentencing court failed to comply with requirements of
law in imposing or failing to impose a sentence;
(b) The sentencing court erred in ranking the crime seriousness
classification of the current crime or in determining the
appropriate classification of a prior conviction or juvenile
adjudication for criminal history purposes; or
(c) The sentencing court erred in failing to impose a minimum
sentence that is prescribed by ORS 137.700 or 137.707.
(5) The appellate court may reverse or affirm the sentence. If
the appellate court concludes that the trial court's factual
findings are not supported by evidence in the record or do not
establish substantial and compelling reasons for a departure, it
shall remand the case to the trial court for resentencing. If the
appellate court determines that the sentencing court, in imposing
a sentence in the case, committed an error that requires
resentencing, the appellate court shall remand the entire case
for resentencing. The sentencing court may impose a new sentence
for any conviction in the remanded case.
(6) The appellate court shall issue a written opinion whenever
the judgment of the sentencing court is reversed and may issue a
written opinion in any other case when the appellate court
believes that a written opinion will provide guidance to
sentencing judges and others in implementing the sentencing
guidelines adopted by the Oregon Criminal Justice Commission
provided that the appellate courts may provide by rule for
summary disposition of cases arising under this section when no
substantial question is presented by the appeal.
(7) Either the state or the defendant may appeal a judgment of
conviction based on the sentence for a felony committed on or
after November 1, 1989, to the Court of Appeals subject to the
limitations of chapter 790, Oregon Laws 1989. The defendant may
appeal under this subsection only upon showing a colorable claim
of error in a proceeding if the appeal is from a proceeding in
which { - a sentence was entered subsequent to - } :
(a) { + A sentence was entered subsequent to + } a plea of
guilty or no contest;
{ - (b) A probation revocation or sentence suspension; or - }
{ + (b) Probation was revoked, the period of probation was
extended, a new condition of probation was imposed, an existing
condition of probation was modified or a sentence suspension was
revoked; or + }
(c) { + A sentence was entered subsequent to + } a
resentencing ordered by an appellate court or a post-conviction
relief court.
{ +
FINES AND BASE FINE AMOUNTS FOR VIOLATIONS + }
SECTION 103. ORS 153.018 is amended to read:
153.018. (1) The penalty for committing a violation is a fine.
The law creating a violation may impose other penalties in
addition to a fine but may not impose a term of imprisonment.
(2) Except as provided in this section, a sentence to pay a
fine for a violation shall be a sentence to pay an amount not
exceeding:
(a) { - $600 - } { + $720 + } for a Class A violation.
(b) { - $300 - } { + $360 + } for a Class B violation.
(c) { - $150 - } { + $180 + } for a Class C violation.
(d) { - $75 - } { + $90 + } for a Class D violation.
(e) The amount otherwise established by law for any specific
fine violation.
(3) If no special corporate fine is specified in the law
creating the violation, a sentence to pay a fine for a violation
committed by a corporation shall be in an amount not to exceed
twice the fine established under this section for a violation by
an individual. If a special corporate fine is specified in the
law creating the violation, the sentence to pay a fine shall be
governed by the law creating the violation.
(4) If a person or corporation has gained money or property
through the commission of a violation, instead of sentencing the
defendant to pay the fine provided for in subsection (2) or (3)
of this section, the court may sentence the defendant to pay an
amount fixed by the court, not exceeding double the amount of the
defendant's gain from the commission of the violation. For the
purposes of this subsection, the defendant's gain is the amount
of money or the value of property, as determined under ORS
164.115, derived from the commission of the violation, less the
amount of money or the value of property, as determined under ORS
164.115, returned to the victim of the violation or seized by or
surrendered to lawful authority before the time sentence is
imposed.
SECTION 104. ORS 153.093 is amended to read:
153.093. (1) Notwithstanding any other provision of law,
{ - except as specifically provided in this section - } a
court or violations bureau may not defer, waive, suspend or
otherwise reduce the fine for a violation { - or infraction - }
to an amount that is less than:
(a) { - 50 - } { + 75 + } percent of the base fine amount
established for the offense under ORS 153.125 to 153.145, if the
offense is a Class A, B, C or D violation, or an unclassified
violation, under ORS 153.012 and 153.015; or
(b) 20 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a
specific fine violation as described by ORS 153.015.
{ - (2) A court or violations bureau may impose a fine lower
than the amount required by subsection (1) of this section if the
court has authorized imposition of a lower fine for vehicle
equipment violation proceedings in which the defendant
establishes that the vehicle equipment has been installed or
repaired to comply with the law that was violated. - }
{ - (3) A court or violations bureau may impose a fine lower
than the amount required by subsection (1) of this section if the
court has established procedures for the imposition of a lower
fine based on a determination that the defendant has not been
convicted of an offense within the three-year period immediately
preceding the date on which the citation was issued. - }
{ - (4) In addition to the grounds specified in subsections
(2) and (3) of this section, a court may impose a fine lower than
the amount required by subsection (1) of this section if: - }
{ - (a) The court determines that the defendant is indigent;
or - }
{ - (b) The court determines that in a specific case the
amount of the fine required by subsection (1) of this section
would be inconsistent with justice. - }
{ - (5) - } { + (2) + } Nothing in this section:
(a) Affects the manner in which a court imposes or reduces
monetary obligations other than fines.
(b) Allows a court to reduce any fine amount below a minimum
fine amount established by statute for the offense.
(c) Affects the ability of a court to establish a payment
schedule for fines imposed by the court.
{ - (6) - } { + (3) + } For the purpose of determining
whether a fine meets the requirements of subsection (1) of this
section, the unitary assessment amount under ORS 137.290 and the
county assessment amount under ORS 137.309 shall be included in
calculating the amount required under subsection (1) of this
section.
{ - (7) - } { + (4) + } The Department of Revenue or
Secretary of State may audit any court to determine whether the
court is complying with the requirements of this section. In
addition, the Department of Revenue or Secretary of State may
audit any court to determine whether the court is complying with
the requirements of ORS 137.290 (4) and 153.630 (4). The
Department of Revenue or Secretary of State may file an action
under ORS 34.105 to 34.240 to enforce the requirements of this
section and ORS 137.290 (4) and 153.630 (4).
SECTION 105. ORS 153.125 is amended to read:
153.125. (1) The base fine required in violation proceedings
under this chapter is the sum of a foundation amount calculated
under ORS 153.125 to 153.145 plus the unitary and county
assessments established under ORS 137.290 and 137.309 for the
violation. The amount of the county assessment under ORS 137.309
shall be calculated using the foundation amount determined under
ORS 153.125 to 153.145, and { - shall - } { + may + } not be
calculated using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125 to 153.145, the
foundation amount to be used in calculating the base fine
required in violation proceedings under this chapter is
{ - 40 - } { + 50 + } percent of the maximum fine established
for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the
foundation amount to be used for a specific fine violation in
calculating the base fine required in a violation proceeding
under this chapter is the maximum fine provided for the
violation.
(4) If the law creating a violation establishes a minimum fine,
and the foundation amount calculated for the violation under ORS
153.125 to 153.145 is less than the minimum fine for the
violation, the foundation amount to be used in calculating the
base fine required in a violation proceeding under this chapter
is the minimum fine established for the violation.
SECTION 106. { + The amendments to ORS 153.018, 153.093 and
153.125 by sections 103, 104 and 105 of this 2003 Act become
operative on September 1, 2003. + }
{ +
MISCELLANEOUS AMENDMENTS + }
SECTION 107. ORS 21.112 is amended to read:
21.112. (1) The clerk of the court shall collect at the time a
proceeding described in subsection (4) of this section is filed a
fee in an amount determined by the governing body of the county
to be necessary in the particular type of case, in addition to
any other funds used therefor, to pay the expenses of providing:
(a) Mediation under ORS 107.755 to 107.785;
(b) Conciliation services under ORS 107.510 to 107.610;
(c) Expedited parenting time enforcement under ORS 107.434;
(d) Education programs under ORS 3.425;
(e) Investigations, evaluations, examinations and referrals for
services under ORS 107.425; and
(f) Any other program or service to which parties may be
referred or that may be ordered by that court, including programs
or services established to assist the court or a family in a
domestic relations case if the presiding judge for the judicial
district has approved the program or service.
(2) Before approving the provision of any program or service
under subsection (1)(d) to (f) of this section, the presiding
judge shall evaluate:
(a) The need for programs and services described in subsection
(1)(a) to (c) of this section and the appropriate level of
funding for those programs and services; and
(b) The impact on funding for the programs and services
described in subsection (1)(a) to (c) of this section that would
result from providing a program or service under subsection
(1)(d) to (f) of this section.
(3) The fees provided for in this section are in addition to
all other fees that are collected by the clerk at the time the
proceeding is filed. Fees collected under this section shall be
paid, in the manner determined by the State Court Administrator,
to the appropriate officer of the county within the first 25 days
of the month following the month in which collected. The fees
shall be used by the county to pay the expenses specified in
subsection (1) of this section.
(4) The additional fee established by this section shall be
collected by the clerk:
(a) In the following proceedings:
(A) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(B) Filiation proceedings under ORS 109.124 to 109.230.
(C) Proceedings to determine custody or support of a child
under ORS 109.103.
(D) Proceedings for modifications of orders issued under
subparagraphs (A) to (C) of this paragraph.
(E) Proceedings under ORS 107.434.
(b) { - Notwithstanding ORS 21.111 (3), - } For responses in
any of the proceedings listed in paragraph (a) of this
subsection.
{ +
CAPTIONS + }
SECTION 108. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 109. { + 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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