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 996
A-Engrossed
Senate Bill 131
Ordered by the Senate March 9
Including Senate Amendments dated March 9
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.
Defines 'supervising authority' for purposes of restitution.
Allows supervising authority to { - collect payments and - }
modify payment schedule.
A BILL FOR AN ACT
Relating to restitution; amending ORS 137.106 and 419C.450.
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:
(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.
(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) { + (a) + } 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. { + The supervising
authority shall be authorized to modify any payment schedule
established under this section.
(b) As used in this subsection, 'supervising authority ' means
any state or local agency that is authorized to supervise 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.
SECTION 2. ORS 419C.450 is amended to read:
419C.450. (1)(a) It is the policy of the State of Oregon to
encourage and promote the payment of restitution and other
obligations by youth offenders as well as by adult offenders. In
any case within the jurisdiction of the juvenile court pursuant
to ORS 419C.005 in which the youth offender caused another person
any physical, emotional or psychological injury or any loss of or
damage to property, the district attorney shall investigate and
present to the court, prior to or at the time of adjudication,
evidence of the nature and amount of the injury, loss or damage.
If the court finds from the evidence presented that a victim
suffered injury, loss or damage, in addition to any other
sanction it may impose, the court shall:
(A) Include in the judgment a requirement that the youth
offender pay the victim restitution in a specific amount that
equals the full amount of the victim's injury, loss or damage as
determined by the court; or
(B) Include in the judgment a requirement that the youth
offender 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 injury, loss or damage 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 a
specific amount of restitution established under this
subparagraph by a supplemental judgment relates back to the date
of the original judgment that is supplemented.
(b) After the district attorney makes a presentation described
in paragraph (a) of this subsection, if the court is unable to
find from the evidence presented that a victim suffered injury,
loss or damage, the court shall make a finding on the record to
that effect.
(c) No finding made by the court or failure of the court to
make a finding under this subsection limits or impairs the rights
of a person injured to sue and recover damages in a civil action
under subsection (2) of this section.
(d) The court may order restitution, including but not limited
to counseling and treatment expenses, for emotional or
psychological injury under this section only:
(A) When the act that brought the youth offender within the
jurisdiction of the court would constitute aggravated murder,
murder or a sex crime if committed by an adult; and
(B) For an injury suffered by the victim or a member of the
victim's family who observed the act.
(2) Restitution for injury inflicted upon a person by the youth
offender, for property taken, damaged or destroyed by the youth
offender and for a reward offered by the victim or an
organization authorized by the victim and paid for information
leading to the apprehension of the youth offender, shall be
required as a condition of probation. Restitution does not limit
or impair the right of a victim to sue in a civil action for
damages suffered, nor shall the fact of consultation by the
victim be admissible in such civil action to prove consent or
agreement by the victim. However, the court shall credit any
restitution paid by the youth offender to a victim against any
judgment in favor of the victim in such civil action. Before
setting the amount of such restitution, the court shall notify
the person upon whom the injury was inflicted or the owner of the
property taken, damaged or destroyed and give such person an
opportunity to be heard on the issue of restitution.
(3) { + (a) + } 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 youth offender alleges and
establishes to the satisfaction of the court the youth offender's
inability to pay the judgment in full at the time the judgment is
entered. If the court finds that the youth offender is unable to
pay, the court may establish or allow an appropriate supervising
authority to establish a payment schedule { - , - } { + . The
supervising authority shall be authorized to modify any payment
schedule established under this section. In establishing a
payment schedule, the court or the supervising authority shall
+ } { - taking - } { + take + } into consideration:
{ - (a) - } { + (A) + } The availability to the youth
offender of paid employment during such time as the youth
offender may be committed to a youth correction facility;
{ - (b) - } { + (B) + } The financial resources of the
youth offender and the burden that payment of restitution will
impose, with due regard to the other obligations of the youth
offender;
{ - (c) - } { + (C) + } The present and future ability of
the youth offender to pay restitution on an installment basis or
on other conditions to be fixed by the court; and
{ - (d) - } { + (D) + } The rehabilitative effect on the
youth offender of the payment of restitution and the method of
payment.
{ + (b) As used in this subsection, 'supervising authority '
means any state or local agency that is authorized to supervise
the youth offender. + }
(4) Notwithstanding ORS 419C.501 and 419C.504, when the court
has ordered a youth offender to pay restitution, as provided in
this section, the judgment shall be entered in the register or
docket of the court in the manner provided by ORS chapter 18 and
enforced in the manner provided by ORS 18.252 to 18.993. The
judgment is in favor of the state and may be enforced only by the
state. Notwithstanding ORS 419A.255, a judgment for restitution
entered under this subsection is a public record. Judgments
entered under this subsection are subject to ORS 18.048.
(5) A person required to pay restitution under subsection (1)
of this section may file a motion supported by an affidavit for
satisfaction of the judgment or supplemental judgment requiring
payment of restitution in the circuit court of the county in
which the original judgment was entered if:
(a) At least 50 percent of the monetary obligation is satisfied
or at least 10 years have passed since the original judgment was
entered;
(b) The person has substantially complied with all established
payment plans;
(c) The person has not been found to be within the jurisdiction
of the juvenile court under ORS 419C.005 or convicted of an
offense since the date the original judgment of restitution was
entered; and
(d) The person has satisfactorily completed any required period
of probation or parole for the act for which the judgment of
restitution was entered.
(6) When a person files a motion described in subsection (5) of
this section, the district attorney for the county in which the
motion was filed shall promptly notify the victim for whose
benefit the judgment of restitution was entered that the person
has filed the motion and that the victim may object in writing to
the motion through the district attorney.
(7) If the victim does not object to the motion as provided in
subsection (6) of this section, the court shall hold a hearing on
the motion and may enter an order granting a full or partial
satisfaction if the allegations in the affidavit supporting the
motion are true and failure to grant the motion would result in
an injustice. In determining whether an injustice would result,
the court shall take into account:
(a) The financial resources of the defendant and the burden
that continued payment of restitution will impose, with due
regard to the other obligations of the defendant;
(b) The ability of the defendant to continue paying restitution
on an installment basis or under other conditions to be fixed by
the court; and
(c) The rehabilitative effect on the defendant of the continued
payment of restitution and the method of payment.
(8) A person may file a motion under subsection (5) of this
section no more than one time per year for each judgment of
restitution entered against the person.
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