73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2988
 
                         House Bill 2857
 
Sponsored by Representative MERKLEY (at the request of Terance
  Carpenter)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Increases fines for violations and misdemeanors.
 
                        A BILL FOR AN ACT
Relating to fines; amending ORS 153.018 and 161.635.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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)   { - $720 - }   { + $1,000 + } for a Class A violation.
  (b)   { - $360 - }   { + $500 + } for a Class B violation.
  (c)   { - $180 - }   { + $250 + } for a Class C violation.
  (d)   { - $90 - }   { + $125 + } 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 2. 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)   { - $6,250 - }   { + $8,000 + } for a Class A
misdemeanor.
  (b)   { - $2,500 - }   { + $3,500 + } for a Class B
misdemeanor.
  (c)   { - $1,250 - }   { + $1,750 + } 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 does not apply to corporations.
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