74th OREGON LEGISLATIVE ASSEMBLY--2007 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 321
A-Engrossed
House Bill 2311
Ordered by the House March 22
Including House Amendments dated March 22
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Association of Oregon Counties, League of Oregon
Cities, Oregon Collectors Association, Judicial Department,
Oregon Justices of the Peace Association and Oregon Municipal
Judges Association)
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 Court Facilities Account and Local Court Facilities
Accounts. Repeals requirement that interest on criminal judgments
be deposited in those accounts.
Modifies rate of interest on judgments in criminal actions.
Allows waiver of interest on criminal judgments.
Provides that moneys collected as interest on criminal
judgments may be applied against costs of collection. Requires
that remaining amounts collected as interest on judgments of
Supreme Court, Court of Appeals, Oregon Tax Court or circuit
courts be paid into Criminal Injuries Compensation Account.
Requires that remaining amounts collected as interest on
judgments of municipal or justice courts be paid into general
fund of city or county in which court operates. Provides that
interest collected on award for restitution on and after January
1, 2012, be paid to person in whose favor award was made.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to interest on criminal judgments; amending ORS 137.183
and 137.295; repealing ORS 1.190 and 1.192 and section 5,
chapter 1064, Oregon Laws 1999; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.183 is amended to read:
137.183. { - Notwithstanding ORS 82.010, judgments in
criminal actions bear interest at the rate of 12.5 percent per
annum from the date of entry of the judgment for the first five
years and four percent per annum thereafter. The clerk of the
court shall calculate interest on each category of monetary
obligation established by ORS 137.295 for the purpose of
distribution of the interest in the manner provided in ORS
137.295. Interest shall accrue monthly on the first day of each
month, beginning with the first day of the second full calendar
month after the monetary obligation first becomes due. - }
{ + (1) Criminal judgments bear interest at the rate provided
by ORS 82.010 for a period of 20 years after the judgment is
entered. Criminal judgments do not bear interest after the
expiration of the 20-year period.
(2) The State Court Administrator may waive interest, or cause
waiver of interest, on any criminal judgment or category of
criminal judgments for the purpose of administering the
collection of judgments of the Supreme Court, the Court of
Appeals, the Oregon Tax Court and circuit courts. A judge of the
Supreme Court, the Court of Appeals, the Oregon Tax Court or a
circuit court may waive interest in any criminal action or
proceeding for good cause shown.
(3) A municipal judge may waive interest on any criminal
judgment, or category of criminal judgments, entered in the
municipal court in which the judge presides. A justice of the
peace may waive interest on any criminal judgment, or category of
criminal judgments, entered in the justice court in which the
justice of the peace presides.
(4) A waiver under subsection (2) or (3) of this section may be
for all or part of the interest payable on a criminal judgment
and may be for a specified period of time.
(5) All payments collected under a criminal judgment must first
be applied against the principal amount of a money award.
Payments may be applied against interest on the money award only
after the principal amount of the money award is paid. This
subsection applies only to judgments of the Supreme Court, the
Court of Appeals, the Oregon Tax Court and circuit courts.
(6) Moneys collected as interest under a criminal judgment may
be applied against costs of collection. Except as provided in
subsection (7) of this section:
(a) Any amounts of moneys collected as interest on judgments of
the Supreme Court, Court of Appeals, Oregon Tax Court or circuit
courts that remain after payment of collection costs shall be
deposited in the Criminal Injuries Compensation Account to be
used for the purposes specified in ORS 147.225.
(b) Any amounts of moneys collected as interest on judgments of
the municipal or justice courts that remain after payment of
collection costs shall be deposited in the general fund of the
city or county in which the court operates and be available for
general governmental purposes.
(7) After any payment of costs of collection, any interest
collected on an award for restitution on and after January 1,
2012, must be paid to the person in whose favor the award of
restitution was made.
(8) As used in this section, 'criminal judgment' means a
judgment entered in a criminal action as defined in ORS
131.005. + }
SECTION 2. ORS 137.295, as amended by section 1, chapter 1064,
Oregon Laws 1999, section 23, chapter 823, Oregon Laws 2001,
section 3, chapter 687, Oregon Laws 2003, and section 5, chapter
564, Oregon Laws 2005, is amended to read:
137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
diversion, the clerk shall distribute the payment as provided in
this section.
(2) There are four categories of monetary obligations. The
categories are as follows:
(a) Category 1 consists of compensatory fines under ORS
137.101.
(b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
(c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
(d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897.
(3) As long as there remains unpaid any obligation under
category 1, { - including any interest accrued on that
obligation, - } the clerk shall credit toward category 1 all of
each payment received.
(4) After the total obligation has been credited under category
1, then as long as there remains unpaid any obligation under both
categories 2 and 3, { - including any interest accrued on those
obligations, - } the clerk shall credit toward each such
category 50 percent of each payment received.
(5) The clerk shall monthly transfer { - the principal amount
of - } the moneys credited under category 1 and under category 2
{ - , and all interest that has accrued on those principal
amounts, - } to the victims for whose benefit moneys under that
category were ordered paid. If there are multiple victims for
whose benefit moneys have been ordered paid under category 2, the
clerk shall first transfer moneys credited under category 2 to
the victim, as defined in ORS 137.103 (4)(a). When the moneys due
the victim, as defined in ORS 137.103 (4)(a), have been fully
paid, the clerk shall transfer moneys credited under category 2
to the Criminal Injuries Compensation Account if moneys have been
ordered paid to the account under category 2. When the moneys due
the account have been fully paid, the clerk shall transfer moneys
credited under category 2 to any other victims, as defined in ORS
137.103 (4)(b) or (d), for whose benefit moneys under that
category were ordered paid in proportion to the amounts ordered.
The clerk of a circuit court shall monthly transfer { - the
principal amount of - } the moneys credited under category 3 as
directed by the State Court Administrator for deposit in the
State Treasury to the credit of the Criminal Fine and Assessment
Account established under ORS 137.300. The clerk of a justice or
municipal court shall monthly transfer { - the principal amount
of - } the moneys credited under category 3 to the Department of
Revenue as provided in ORS 305.830. { - The clerk shall
transfer all interest on the principal amount of the moneys
credited under category 3 to the State Court Administrator for
deposit in the Court Facilities Account established under ORS
1.190. - }
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, { - including any
interest that has accrued on the amount, - } further payments by
the defendant shall be credited by the clerk entirely to the
unpaid balance of whichever of those categories remains unpaid,
until both category 2 and category 3 have been entirely paid.
(7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer { - the
principal amount of - } the moneys so received to the
appropriate recipient, giving first priority to counties and
cities entitled to revenues generated by prosecutions in justice
and municipal courts and giving last priority to persons entitled
to moneys as reimbursement for reward under ORS 131.897.
{ - The clerk shall transfer all interest on the principal
amount of the moneys credited under category 4 to the agency,
person or political subdivision of the state entitled to the
principal amount. All interest on monetary obligations owing to
the state under category 4 shall be transferred to the State
Court Administrator for deposit in the Court Facilities Account
established under ORS 1.190. - }
(8) Notwithstanding subsection (5) of this section, the clerk
of a circuit court shall monthly transfer the moneys attributable
to parking violations to the State Treasurer for deposit in the
General Fund.
(9) The clerk of a justice or municipal court must make the
transfers required by this section not later than the last day of
the month immediately following the month in which a payment is
made.
SECTION 3. { + ORS 1.190 and 1.192 and section 5, chapter
1064, Oregon Laws 1999, as amended by section 1, chapter 394,
Oregon Laws 2003, are repealed. + }
SECTION 4. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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