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 529
House Bill 2499
Sponsored by Representative G SMITH; Representatives DALLUM,
GIROD, THATCHER, Senator L GEORGE (at the request of Kenneth
Matlack, Morrow County Sheriff)
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.
Describes when person has suffered economic damages as result
of offense or defendant's criminal activities for purposes of
restitution.
A BILL FOR AN ACT
Relating to restitution; amending ORS 137.103 and 137.295.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.103 is amended to read:
137.103. { + (1) + } As used in ORS 137.101 to 137.109,
161.675 and 161.685:
{ - (1) - } { + (a) + } 'Criminal activities' means any
offense with respect to which the defendant is convicted or any
other criminal conduct admitted by the defendant.
{ - (2) - } { + (b) + } 'Economic damages' has the meaning
given that term in ORS 31.710, except that 'economic damages'
does not include future impairment of earning capacity.
{ - (3) - } { + (c) + } 'Restitution' means full, partial
or nominal payment of economic damages to a victim. Restitution
is independent of and may be awarded in addition to a
compensatory fine awarded under ORS 137.101.
{ - (4) - } { + (d) + } 'Victim' means:
{ - (a) - } { + (A) + } The person against whom the
defendant committed the criminal offense, if the court determines
that the person has suffered economic damages as a result of the
offense.
{ - (b) - } { + (B) + } Any person not described in
{ - paragraph (a) of this subsection - } { + subparagraph (A)
of this paragraph + } whom the court determines has suffered
economic damages as a result of the defendant's criminal
activities.
{ - (c) - } { + (C) + } The Criminal Injuries Compensation
Account, if it has expended moneys on behalf of a victim
described in { - paragraph (a) of this subsection - } { +
subparagraph (A) of this paragraph + }.
{ - (d) - } { + (D) + } An insurance carrier, if it has
expended moneys on behalf of a victim described in
{ - paragraph (a) of this subsection - } { + subparagraph (A)
of this paragraph + }.
{ - (5) - } { + (e) + } 'Victim' does not include any
coparticipant in the defendant's criminal activities.
{ + (2) For purposes of this section, a person has suffered
economic damages as a result of an offense or a defendant's
criminal activities if the person has incurred expenses in
obtaining, at the request of a law enforcement agency,
information relating to a criminal investigation. + }
SECTION 2. ORS 137.295 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) So long as there remains unpaid any obligation under
category 1, the clerk shall credit toward category 1 all of each
payment received.
(4) After the total obligation has been credited under category
1, then so long as there remains unpaid any obligation under both
categories 2 and 3, the clerk shall credit toward each such
category 50 percent of each payment received.
(5) The clerk shall monthly transfer the moneys credited under
category 1 and under category 2 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) - } { + (1)(d)(A) + }. When the moneys due the
victim, as defined in ORS 137.103 { - (4)(a) - } { +
(1)(d)(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) - } { + (1)(d)(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 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 moneys credited under
category 3 to the Department of Revenue as provided in ORS
305.830.
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, 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
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.
(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 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) - } { + (1)(d)(A) + }. When
the moneys due the victim, as defined in ORS 137.103
{ - (4)(a) - } { + (1)(d)(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) - } { + (1)(d)(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.
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