72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to SB 108
 
LC 880/SB 108-4
 
                       HOUSE AMENDMENTS TO
                         SENATE BILL 108
 
                    By COMMITTEE ON JUDICIARY
 
                             July 9
 
  In line 2 of the printed bill, after the semicolon insert '
creating new provisions;' and after '161.625' insert 'and
161.665; and appropriating money'.
  After line 6, insert:
  ' (a) $500,000 for murder or aggravated murder.'.
  In line 7, delete '(a)' and insert '(b)' and delete the
boldfaced material.
  In line 8, delete '(b)' and insert '(c)'.
  In line 9, delete '(c)' and insert '(d)'.
  After line 25, insert:
  '  { +  SECTION 2. + } ORS 161.665, as amended by section 41,
chapter 962, Oregon Laws 2001, is amended to read:
  ' 161.665. (1) Except as provided in ORS 151.505, the court,
only in the case of a defendant for whom it enters a judgment of
conviction, may include in its sentence thereunder a provision
that the convicted defendant shall pay as costs expenses
specially incurred by the state in prosecuting the defendant.
Costs include a reasonable attorney fee for counsel appointed
pursuant to ORS 135.045 or 135.050 and a reasonable amount for
expenses approved under ORS 135.055. A reasonable attorney fee is
presumed to be a reasonable number of hours at the hourly rate
authorized by the Public Defense Services Commission under ORS
151.216. Costs do not include expenses inherent in providing a
constitutionally guaranteed jury trial or expenditures in
connection with the maintenance and operation of government
agencies that must be made by the public irrespective of specific
violations of law.
  ' (2) Except as provided in ORS 151.505, the court, after the
conclusion of an appeal of its initial judgment of conviction,
may include in its final judgment or modify the judgment to
include a requirement that a convicted defendant pay as costs a
reasonable attorney fee for counsel appointed pursuant to ORS
138.500, including counsel who is appointed under ORS 151.216 or
counsel who is under contract to provide services for the
proceeding under ORS 151.219, and other costs and expenses
allowed by the public defense services executive director under
ORS 138.500 (4). A reasonable attorney fee is presumed to be a
reasonable number of hours at the hourly rate authorized by the
commission under ORS 151.216.
  ' (3) For purposes of subsections (1) and (2) of this section,
compensation of counsel shall be determined by reference to a
schedule of compensation established by the commission under ORS
151.216.
  ' (4) The court shall not sentence a defendant to pay costs
under this section unless the defendant is or may be able to pay
them. In determining the amount and method of payment of costs,
the court shall take account of the financial resources of the
defendant and the nature of the burden that payment of costs will
impose.
 
  ' (5) A defendant who has been sentenced to pay costs under
this section and who is not in contumacious default in the
payment thereof may at any time petition the court which
sentenced the defendant for remission of the payment of costs or
of any unpaid portion thereof. If it appears to the satisfaction
of the court that payment of the amount due will impose manifest
hardship on the defendant or the immediate family of the
defendant, the court may remit all or part of the amount due in
costs, or modify the method of payment under ORS 161.675.
  ' (6)  { + Except as provided in subsection (7) of this
section, + } all moneys collected or paid under this section
shall be paid into the General Fund and credited to the Criminal
Fine and Assessment Account.
  '  { +  (7) All moneys collected or paid under this section as
costs for expenses incurred by the state in extraditing the
defendant to this state shall be deposited into the Arrest and
Return Account established in section 3 of this 2003 Act. + }
  '  { +  SECTION 3. + }  { + The Arrest and Return Account is
established separate and distinct from the General Fund. The
account consists of moneys deposited into the account under ORS
161.665 and such other moneys as may be appropriated to the
account by law. Moneys in the account are continuously
appropriated to the Governor for the purpose of paying costs
incurred in carrying out the provisions of ORS 133.743 to
133.857. + } ' .
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