72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 108
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to criminal sentences; creating new provisions; amending
ORS 161.625 and 161.665; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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) $500,000 for murder or aggravated murder. + }
{ - (a) - } { + (b) + } $300,000 for a Class A felony.
{ - (b) - } { + (c) + } $200,000 for a Class B felony.
{ - (c) - } { + (d) + } $100,000 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 not
apply to a corporation.
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
Enrolled Senate Bill 108 (SB 108-A) Page 1
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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Enrolled Senate Bill 108 (SB 108-A) Page 2
Passed by Senate February 4, 2003
Repassed by Senate July 16, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 14, 2003
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Speaker of House
Enrolled Senate Bill 108 (SB 108-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
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Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 108 (SB 108-A) Page 4