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 646
 
                         House Bill 2315
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon Collectors 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 as
introduced.
 
  Clarifies fee that municipal court or justice court may add to
criminal judgment when judgment is assigned to private collection
agency.
 
                        A BILL FOR AN ACT
Relating to judgments in criminal actions; amending ORS 137.118
  and 156.315.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 137.118 is amended to read:
  137.118. (1) Judgments in criminal actions that impose monetary
obligations, including judgments requiring the payment of fines,
costs, assessments, compensatory fines, attorney fees,
forfeitures or restitution, may be assigned by the state, by a
municipal court or by a justice court for collection.
  (2)(a) The state may assign a judgment  { + in a criminal
action + } to the Department of Revenue or a private collection
agency.
  (b) A justice court may assign a judgment to a private
collection agency or, in a criminal action, to the Department of
Revenue for the purposes described in ORS 156.315.
  (c) A municipal court may assign a judgment to:
  (A) A private collection agency; or
  (B) The Department of Revenue for the purposes described in
subsections (6) to (8) of this section, if the judgment was
entered in a criminal action and part of the judgment is payable
to the State of Oregon.
  (d) Nothing in this subsection limits the right of a municipal
court or a justice court to assign for collection judgments in
matters other than criminal actions.
    { - (3) A municipal or justice court may add to any judgment
in a criminal action that includes a monetary obligation a fee
for the cost of collection if the court gives the defendant a
period of time to pay the obligation after the date of imposition
of the sentence or after the date of the hearing or proceeding
that results in the imposition of the financial obligation. The
fee may not exceed 25 percent of the monetary obligation imposed
by the court without the addition of the cost of collection and
may not be more than $250. The fee shall be waived or suspended
 
by the court if the defendant pays the monetary obligation in the
manner required by the court. - }
   { +  (3) If a municipal court or a justice court assigns a
judgment in a criminal action to a private collection agency, the
court may add a fee to the debt as provided in ORS 697.105. + }
  (4) A state court shall add to any judgment in a criminal
action that includes a monetary obligation the fees required by
ORS 1.202.
  (5) As used in subsections (1) to   { - (5) - }   { + (4) + }
of this section, ' criminal action' has the meaning given that
term in ORS 131.005.
  (6) If part of a judgment in a criminal action, as described in
subsections (1) to   { - (5) - }   { + (4) + } of this section,
is payable to the State of Oregon, a municipal court may assign
the judgment to the Collections Unit in the Department of Revenue
for the following purposes:
  (a) To determine whether refunds or other sums are owed to the
debtor by the department; and
  (b) To deduct the amount of debt from any refunds or other sums
owed to the debtor by the department.
  (7) If the Collections Unit determines that refunds or other
sums are owed to the debtor, the department shall deduct the
amount of the debt from any refunds or other sums owed to the
debtor by the department. After also deducting costs of its
actions under subsections (6) to (8) of this section, the
department shall remit the amount deducted from refunds or other
sums owed to the debtor to the municipal court that assigned the
judgment.
  (8) A debtor whose account is assigned to the Department of
Revenue for setoff under subsections (6) to (8) of this section
is entitled to the notice required by ORS 293.250 (3)(d) and to
the opportunity for payment in ORS 293.250 (3)(c).
  SECTION 2. ORS 156.315 is amended to read:
  156.315. (1) A justice court may assign a judgment in a
criminal action, as described in ORS 137.118 (1) to   { - (5) - }
 { +  (4) + }, to the Collections Unit in the Department of
Revenue for the following purposes:
  (a) To determine whether refunds or other sums are owed to the
debtor by the department; and
  (b) To deduct the amount of the debt from any refunds or other
sums owed to the debtor by the department.
  (2) If the Collections Unit determines that refunds or other
sums are owed to the debtor, the department shall deduct the
amount of the debt from any refunds or other sums owed to the
debtor by the department. After also deducting costs of its
actions under this section, the department shall remit the amount
deducted from refunds or other sums owed to the debtor to the
justice court that assigned the judgment.
  (3) A debtor whose account is assigned to the Department of
Revenue for setoff under this section is entitled to the notice
required by ORS 293.250 (3)(d) and to the opportunity for payment
in ORS 293.250 (3)(c).
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