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 3668
Senate Bill 1074
Sponsored by Senator PROZANSKI
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies distribution of fines collected in traffic offense
cases.
Declares emergency, effective July 1, 2005.
A BILL FOR AN ACT
Relating to distribution of fines; creating new provisions;
amending ORS 153.630; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 153.630 is amended to read:
153.630. (1) Costs and one-half of all fines collected in
traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation
payable to the county.
(c) If collected in a municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer,
as a monetary obligation payable to the city.
(2) The other half of such fines shall be paid as follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, including a city
marshal or a member of the police of a city or municipal or
quasi-municipal corporation, to be credited and distributed under
ORS 137.293 and 137.295:
(A) To the treasurer of the city or municipal or
quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision
of the state if the offense occurred within the boundaries of the
city or municipal or quasi-municipal corporation; or
(B) As a monetary obligation payable to the state if the
offense occurred outside the boundaries of the city or municipal
or quasi-municipal corporation.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county
weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense
occurred, as a monetary obligation payable to that county and to
be credited to the general fund of that county.
(e) If resulting from prosecutions for parking in a winter
recreation parking location, to be credited and distributed under
ORS 137.293 and 137.295, as a monetary obligation payable to the
state.
(f) In other cases, to be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation to the same entity
to which payment is made of the half provided for in subsection
(1) of this section.
(3) If provisions of subsection (2)(b) or (e) of this section
are applicable, and if the fine or penalty imposed is remitted,
suspended or stayed, or the offender against whom the fine or
penalty was levied or imposed serves time in jail in lieu of
paying the fine or penalty or a part thereof, the committing
judge or magistrate shall certify the facts thereof in writing to
the State Court Administrator in the case of a circuit court or
the Department of Revenue in the case of a justice or municipal
court not later than the 10th day of the month next following the
month in which the fine was remitted or penalty suspended. If any
part of the fine is thereafter paid, it shall be remitted to the
judge or magistrate who imposed the fine or penalty, who shall
distribute it as provided in subsections (1) and (2) of this
section.
(4) If a fine is subject to division between two entities under
this section and a sentence to pay a fine is imposed by the
court, any remittance, suspension or stay of the fine portion of
the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
(5) Distribution of fines and costs collected in a justice or
municipal court under this section must be made not later than
the last day of the month immediately following the month in
which the fines and costs are collected.
(6) All fines collected as a result of citations issued by a
member of the Oregon State Police for a violation of ORS 813.095
and credited and distributed to the state under subsections
(1)(a) and (2)(a) of this section shall be deposited in the State
Police Account established in ORS 181.175 to be used by the
Department of State Police for the enforcement of laws concerning
driving while under the influence of intoxicants.
{ + (7) Notwithstanding subsections (1)(c) and (2)(c) of this
section, the City of Coburg may not receive any moneys under
subsection (1)(c) or (2)(c) of this section for traffic offenses
occurring on any portion of Interstate Highway 5. Moneys that
would otherwise be paid to the City of Coburg under subsections
(1)(c) and (2)(c) of this section shall be deposited into the
Police Standards and Training Account established in ORS 181.690
and may be used only for police officer training. + }
SECTION 2. ORS 153.630, as amended by section 1 of this 2005
Act, is amended to read:
153.630. (1) Costs and one-half of all fines collected in
traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation
payable to the county.
(c) If collected in a municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer,
as a monetary obligation payable to the city.
(2) The other half of such fines shall be paid as follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, including a city
marshal or a member of the police of a city or municipal or
quasi-municipal corporation, to be credited and distributed under
ORS 137.293 and 137.295:
(A) To the treasurer of the city or municipal or
quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision
of the state if the offense occurred within the boundaries of the
city or municipal or quasi-municipal corporation; or
(B) As a monetary obligation payable to the state if the
offense occurred outside the boundaries of the city or municipal
or quasi-municipal corporation.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county
weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense
occurred, as a monetary obligation payable to that county and to
be credited to the general fund of that county.
(e) If resulting from prosecutions for parking in a winter
recreation parking location, to be credited and distributed under
ORS 137.293 and 137.295, as a monetary obligation payable to the
state.
(f) In other cases, to be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation to the same entity
to which payment is made of the half provided for in subsection
(1) of this section.
(3) If provisions of subsection (2)(b) or (e) of this section
are applicable, and if the fine or penalty imposed is remitted,
suspended or stayed, or the offender against whom the fine or
penalty was levied or imposed serves time in jail in lieu of
paying the fine or penalty or a part thereof, the committing
judge or magistrate shall certify the facts thereof in writing to
the State Court Administrator in the case of a circuit court or
the Department of Revenue in the case of a justice or municipal
court not later than the 10th day of the month next following the
month in which the fine was remitted or penalty suspended. If any
part of the fine is thereafter paid, it shall be remitted to the
judge or magistrate who imposed the fine or penalty, who shall
distribute it as provided in subsections (1) and (2) of this
section.
(4) If a fine is subject to division between two entities under
this section and a sentence to pay a fine is imposed by the
court, any remittance, suspension or stay of the fine portion of
the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
(5) Distribution of fines and costs collected in a justice or
municipal court under this section must be made not later than
the last day of the month immediately following the month in
which the fines and costs are collected.
(6) All fines collected as a result of citations issued by a
member of the Oregon State Police for a violation of ORS 813.095
and credited and distributed to the state under subsections
(1)(a) and (2)(a) of this section shall be deposited in the State
Police Account established in ORS 181.175 to be used by the
Department of State Police for the enforcement of laws concerning
driving while under the influence of intoxicants.
(7) Notwithstanding subsections (1)(c) and (2)(c) of this
section, { + the amount of moneys that + } the City of Coburg
may { - not receive any moneys - } { + retain + } under
{ - subsection - } { + subsections + } (1)(c)
{ - or - } { + and + } (2)(c) of this section for traffic
offenses occurring on any portion of Interstate Highway 5 { +
during a 12-month period may not exceed 10 percent of the city's
annual budget + }. { - Moneys that would otherwise be paid to
the City of Coburg under subsections (1)(c) and (2)(c) of this
section shall be deposited - } { + No later than 120 days after
the completion of its annual budget, the City of Coburg shall
transfer the moneys received under subsections (1)(c) and (2)(c)
of this section that are in excess of the amount allowed under
this subsection to the State Treasurer for deposit + } into the
Police Standards and Training Account established in ORS 181.690
{ - and may be used only - } for police officer training.
SECTION 3. { + The amendments to ORS 153.630 by section 2 of
this 2005 Act become operative on July 1, 2006. + }
SECTION 4. { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect July 1,
2005. + }
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