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 995
 
                           A-Engrossed
 
                         Senate Bill 130
                   Ordered by the Senate May 2
             Including Senate Amendments dated May 2
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General Hardy
  Myers for Attorney General's Restitution Reform Task Force)
 
 
                             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.
 
  Allows court, with consent of victim, to order restitution of
less than full amount of economic damages.
 
                        A BILL FOR AN ACT
Relating to restitution; amending ORS 137.106.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 137.106 is amended to read:
  137.106. (1) When a person is convicted of a crime, or a
violation as described in ORS 153.008, that has resulted in
economic damages, the district attorney shall investigate and
present to the court, prior to the time of sentencing, evidence
of the nature and amount of the damages. If the court finds from
the evidence presented that a victim suffered economic damages,
in addition to any other sanction it may impose, the court shall
 { +  include one of the following in the judgment + }:
  (a)   { - Include in the judgment - }  A requirement that the
defendant pay the victim restitution in a specific amount that
equals the full amount of the victim's economic damages as
determined by the court  { - ; or - }  { + . + }
  (b)   { - Include in the judgment - }  A requirement that the
defendant pay the victim restitution, and that the specific
amount of restitution will be established by a supplemental
judgment based upon a determination made by the court within 90
days of entry of the judgment. In the supplemental judgment, the
court shall establish a specific amount of restitution that
equals the full amount of the victim's economic damages as
determined by the court. The court may extend the time within
which the determination and supplemental judgment may be
completed for good cause. The lien, priority of the lien and
ability to enforce the specific amount of restitution established
under this paragraph by a supplemental judgment relates back to
the date of the original judgment that is supplemented.
   { +  (c)(A) A requirement that the defendant pay the victim
restitution in a specific amount that is less than the full
amount of the victim's economic damages, with the consent of the
victim.
  (B) If the defendant is convicted of a person felony, as that
term is defined in the rules of the Oregon Criminal Justice
Commission, a requirement that the defendant pay the victim
restitution in a specific amount that is less than the full
amount of the victim's economic damages, only with the written
consent of the victim. + }
  (2) After the district attorney makes a presentation described
in subsection (1) of this section, if the court is unable to find
from the evidence presented that a victim suffered economic
damages, the court shall make a finding on the record to that
effect.
  (3) No finding made by the court or failure of the court to
make a finding under this section limits or impairs the rights of
a person injured to sue and recover damages in a civil action as
provided in ORS 137.109.
  (4) If a judgment or supplemental judgment described in
subsection (1) of this section includes restitution, a court may
delay the enforcement of the monetary sanctions, including
restitution, only if the defendant alleges and establishes to the
satisfaction of the court the defendant's inability to pay the
judgment in full at the time the judgment is entered. If the
court finds that the defendant is unable to pay, the court may
establish or allow an appropriate supervising authority to
establish a payment schedule, taking into consideration the
financial resources of the defendant and the burden that payment
of restitution will impose, with due regard to the other
obligations of the defendant.
  (5) If the defendant objects to the imposition, amount or
distribution of the restitution, the court shall allow the
defendant to be heard on such issue at the time of sentencing or
at the time the court determines the amount of restitution.
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