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 997
Senate Bill 132
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 as
introduced.
Allows juvenile court to award compensatory fines in judgments
in criminal actions involving youth offenders. Allows juvenile
court to designate award of economic damages as compensatory
fine, restitution or both. Provides that formal accountability
agreement must require that youth make restitution for physical
injury or loss or damage to property. Allows restitution or
compensatory fine of less than full amount of economic damages,
with consent of victim. Defines 'victim' for purposes of
restitution or compensatory fines.
A BILL FOR AN ACT
Relating to compensation for victims of juvenile crime; creating
new provisions; and amending ORS 137.295, 419A.004, 419C.236,
419C.450 and 419C.459.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 419C. + }
SECTION 2. { + (1) Notwithstanding ORS 419C.501 and 419C.504,
when the court has ordered a youth offender to pay restitution
under ORS 419C.450 or a compensatory fine under ORS 419C.459, the
judgment must be entered in the register or docket of the court
in the manner provided by ORS chapter 18 for judgments in
criminal actions. The judgment is a judgment in favor of the
state and may be enforced only by the state. If the judgment is
sought to be enforced, the judgment must be enforced in the
manner provided by ORS 18.252 to 18.993. Notwithstanding ORS
419A.255, a judgment for restitution entered under ORS 419C.450
or a compensatory fine entered under ORS 419C.459 is a public
record. Judgments entered under ORS 419C.450 or 419C.459 are
judgments in criminal actions that are subject to ORS 18.048,
18.180 and 18.182.
(2) When a youth who is allowed diversion under ORS 419C.225, a
youth who has entered into a formal accountability agreement
under ORS 419C.230 or a youth offender who has been adjudicated
makes a payment of money to be credited against monetary
obligations imposed as a result of the diversion, agreement or
adjudication, the clerk shall credit and distribute the payment
as provided in ORS 137.295. + }
SECTION 3. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child care center' means a residential facility for wards
or youth offenders that is licensed under the provisions of ORS
418.240.
(3) 'Community service' has the meaning given that term in ORS
137.126.
(4) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(5) 'Counselor' means a juvenile department counselor or a
county juvenile probation officer.
(6) 'Court' means the juvenile court.
(7) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate pursuant to ORS 419A.170.
(8) 'Court facility' has the meaning given that term in ORS
166.360.
(9) 'Department' means the Department of Human Services.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
{ + (12) 'Economic damages' has the meaning given that term
in ORS 31.710, except that 'economic damages' does not include
future impairment of earning capacity. + }
{ - (12) - } { + (13) + } 'Guardian' means guardian of the
person and not guardian of the estate.
{ - (13) - } { + (14) + } 'Indian child' means any
unmarried person less than 18 years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
{ - (14) - } { + (15) + } 'Juvenile court' means the court
having jurisdiction of juvenile matters in the several counties
of this state.
{ - (15) - } { + (16) + } 'Local citizen review board'
means the board specified by ORS 419A.090 and 419A.092.
{ - (16) - } { + (17) + } 'Parent' means the biological or
adoptive mother and the legal father of the child, ward, youth or
youth offender. As used in this subsection, 'legal father' means:
(a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
(b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
{ - (17) - } { + (18) + } 'Permanent foster care' means an
out-of-home placement in which there is a long-term contractual
foster care agreement between the foster parents and the
department that is approved by the juvenile court and in which
the foster parents commit to raise a ward in substitute care or
youth offender until the age of majority.
{ - (18) - } { + (19) + } 'Planned permanent living
arrangement' means an out-of-home placement other than by
adoption, placement with a relative or placement with a legal
guardian that is consistent with the case plan and in the best
interests of the ward.
{ - (19) - } { + (20) + } 'Public building' has the meaning
given that term in ORS 166.360.
{ - (20) - } { + (21) + } 'Reasonable time' means a period
of time that is reasonable given a child or ward's emotional and
developmental needs and ability to form and maintain lasting
attachments.
{ - (21) - } { + (22) + } 'Records' means any information
in written form, pictures, photographs, charts, graphs,
recordings or documents pertaining to a case.
{ - (22) - } { + (23) + } 'Resides' or 'residence,' when
used in reference to the residence of a child, ward, youth or
youth offender, means the place where the child, ward, youth or
youth offender is actually living or the jurisdiction in which
wardship or jurisdiction has been established.
{ - (23) - } { + (24) + } 'Restitution' has the meaning
given that term in ORS 137.103. { + Restitution is independent
of and may be awarded in addition to a compensatory fine awarded
under ORS 419C.459. + }
{ - (24) - } { + (25) + } 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
{ - (25) - } { + (26) + } 'Shelter care' means a home or
other facility suitable for the safekeeping of a child, ward,
youth or youth offender who is taken into temporary custody
pending investigation and disposition.
{ - (26) - } { + (27) + } 'Short-term detention facility'
means a facility established under ORS 419A.050 (3) for holding
children, youths and youth offenders pending further placement.
{ - (27) - } { + (28) + } 'Substitute care' means an
out-of-home placement directly supervised by the department or
other agency, including placement in a foster family home, group
home or other child caring institution or facility. 'Substitute
care' does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
{ - (28) - } { + (29) + } 'Surrogate' means a person
appointed by the court to protect the right of the child, ward,
youth or youth offender to receive procedural safeguards with
respect to the provision of free appropriate public education.
{ - (29) - } { + (30) + } 'Tribal court' means a court with
jurisdiction over child custody proceedings and that is either a
Court of Indian Offenses, a court established and operated under
the code of custom of an Indian tribe or any other administrative
body of a tribe that is vested with authority over child custody
proceedings.
{ - (30) - } { + (31) + } 'Ward' means a person within the
jurisdiction of the juvenile court under ORS 419B.100.
{ - (31) - } { + (32) + } 'Youth' means a person under 18
years of age who is alleged to have committed an act that is a
violation, or, if done by an adult would constitute a violation,
of a law or ordinance of the United States or a state, county or
city.
{ - (32) - } { + (33) + } 'Youth care center' has the
meaning given that term in ORS 420.855.
{ - (33) - } { + (34) + } 'Youth offender' means a person
who has been found to be within the jurisdiction of the juvenile
court under ORS 419C.005 for an act committed when the person was
under 18 years of age.
SECTION 4. ORS 419A.004, as amended by section 1, chapter 843,
Oregon Laws 2005, is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child care center' means a residential facility for wards
or youth offenders that is licensed under the provisions of ORS
418.240.
(3) 'Community service' has the meaning given that term in ORS
137.126.
(4) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(5) 'Counselor' means a juvenile department counselor or a
county juvenile probation officer.
(6) 'Court' means the juvenile court.
(7) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate pursuant to ORS 419A.170.
(8) 'Court facility' has the meaning given that term in ORS
166.360.
(9) 'Department' means the Department of Human Services.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
{ + (12) 'Economic damages' has the meaning given that term
in ORS 31.710, except that 'economic damages' does not include
future impairment of earning capacity. + }
{ - (12) - } { + (13) + } 'Guardian' means guardian of the
person and not guardian of the estate.
{ - (13) - } { + (14) + } 'Indian child' means any
unmarried person less than 18 years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
{ - (14) - } { + (15) + } 'Juvenile court' means the court
having jurisdiction of juvenile matters in the several counties
of this state.
{ - (15) - } { + (16) + } 'Local citizen review board'
means the board specified by ORS 419A.090 and 419A.092.
{ - (16) - } { + (17) + } 'Parent' means the biological or
adoptive mother and the legal father of the child, ward, youth or
youth offender. As used in this subsection, 'legal father' means:
(a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
(b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
{ - (17) - } { + (18) + } 'Permanent foster care' means an
out-of-home placement in which there is a long-term contractual
foster care agreement between the foster parents and the
department that is approved by the juvenile court and in which
the foster parents commit to raise a ward in substitute care or
youth offender until the age of majority.
{ - (18) - } { + (19) + } 'Planned permanent living
arrangement' means an out-of-home placement other than by
adoption, placement with a relative or placement with a legal
guardian that is consistent with the case plan and in the best
interests of the ward.
{ - (19) - } { + (20) + } 'Public building' has the meaning
given that term in ORS 166.360.
{ - (20) - } { + (21) + } 'Reasonable time' means a period
of time that is reasonable given a child or ward's emotional and
developmental needs and ability to form and maintain lasting
attachments.
{ - (21) - } { + (22) + } 'Records' means any information
in written form, pictures, photographs, charts, graphs,
recordings or documents pertaining to a case.
{ - (22) - } { + (23) + } 'Resides' or 'residence,' when
used in reference to the residence of a child, ward, youth or
youth offender, means the place where the child, ward, youth or
youth offender is actually living or the jurisdiction in which
wardship or jurisdiction has been established.
{ - (23) - } { + (24) + } 'Restitution' has the meaning
given that term in ORS 137.103. { + Restitution is independent
of and may be awarded in addition to a compensatory fine awarded
under ORS 419C.459. + }
{ - (24) - } { + (25) + } 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
{ - (25) - } { + (26) + } 'Shelter care' means a home or
other facility suitable for the safekeeping of a child, ward,
youth or youth offender who is taken into temporary custody
pending investigation and disposition.
{ - (26) - } { + (27) + } 'Short-term detention facility'
means a facility established under ORS 419A.050 (3) for holding
children, youths and youth offenders pending further placement.
{ - (27) - } { + (28) + } 'Substitute care' means an
out-of-home placement directly supervised by the department or
other agency, including placement in a foster family home, group
home or other child caring institution or facility. 'Substitute
care' does not include care in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
{ - (28) - } { + (29) + } 'Surrogate' means a person
appointed by the court to protect the right of the child, ward,
youth or youth offender to receive procedural safeguards with
respect to the provision of free appropriate public education.
{ - (29) - } { + (30) + } 'Tribal court' means a court with
jurisdiction over child custody proceedings and that is either a
Court of Indian Offenses, a court established and operated under
the code of custom of an Indian tribe or any other administrative
body of a tribe that is vested with authority over child custody
proceedings.
{ - (30) - } { + (31) + } 'Ward' means a person within the
jurisdiction of the juvenile court under ORS 419B.100.
{ - (31) - } { + (32) + } 'Young person' means a person who
has been found responsible except for insanity under ORS 419C.411
and placed under the jurisdiction of the Psychiatric Security
Review Board.
{ - (32) - } { + (33) + } 'Youth' means a person under 18
years of age who is alleged to have committed an act that is a
violation, or, if done by an adult would constitute a violation,
of a law or ordinance of the United States or a state, county or
city.
{ - (33) - } { + (34) + } 'Youth care center' has the
meaning given that term in ORS 420.855.
{ - (34) - } { + (35) + } 'Youth offender' means a person
who has been found to be within the jurisdiction of the juvenile
court under ORS 419C.005 for an act committed when the person was
under 18 years of age.
SECTION 5. ORS 419C.236 is amended to read:
419C.236. (1) A formal accountability agreement may require
participation in or referral to counseling, a period of community
service, drug or alcohol education or treatment, vocational
training or any other legal activity which in the opinion of the
counselor would be beneficial to the youth.
(2) A formal accountability agreement { - may - }
{ + must + } require that the youth make restitution to any
person who was physically injured or who suffered loss of or
damage to property as a result of the conduct alleged. Before
setting the amount of restitution, the juvenile department shall
consult with the victim concerning the amount of damage.
{ + Unless the victim consents to a lesser amount of
restitution, a formal accountability agreement must impose
restitution in the full amount of loss or damages suffered by the
victim. + } 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
to a victim against any judgment in favor of the victim in such
civil action.
{ + (3) For purposes of this section, 'victim' has the
meaning given that term in ORS 137.103. + }
SECTION 6. 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 victim is entitled to full
restitution. + } 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 { + include one of the
following in the judgment + }:
(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) A requirement that the youth offender pay the victim
restitution in a specific amount that is less than the full
amount of the victim's economic damages as determined by the
court. The court may not order that the youth offender pay less
than the full amount of economic damages without the consent of
the victim. + }
{ - (B) - } { + (C) + } { - 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 { + or, if the
victim consents, a specific amount that is less than the full
amount of the victim's economic damages + }. 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) { + Except as provided in subsection (2) of this
section, + } 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. { + Evidence that the youth offender
has paid or has been ordered to pay restitution under this
section may not be introduced in any civil action arising out of
the facts or events that were the basis for restitution. + }
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 - } { + the + } 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) 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, taking into consideration:
(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) 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) 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) The rehabilitative effect on the youth offender of the
payment of restitution and the method of payment.
{ - (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) - } { + (4) + } 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) - } { + (5) + } When a person files a motion
described in subsection { - (5) - } { + (4) + } 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) - } { + (6) + } If the victim does not object to
the motion as provided in subsection { - (6) - } { + (5) + }
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) - } { + (7) + } A person may file a motion under
subsection { - (5) - } { + (4) + } of this section no more
than one time per year for each judgment of restitution entered
against the person.
{ + (8) For purposes of this section, 'victim' has the
meaning given that term in ORS 137.103. + }
SECTION 7. ORS 419C.459 is amended to read:
419C.459. { + (1) + } In circumstances under which, if the
youth offender were an adult, a fine not exceeding a certain
amount could be imposed under the Oregon Criminal Code, the court
may impose such a fine upon the youth offender. In determining
whether to impose a fine and, if so, then in what amount, the
court shall consider whether the youth offender will be able to
pay a fine and whether payment of a fine is likely to have a
rehabilitative effect on the youth offender. Fines ordered paid
under this section shall be collected by the clerk of the court.
{ + (2)(a) Whenever the court imposes a fine under this
section as a penalty, the court may order that the youth offender
pay any portion of the fine separately to the clerk of the court
as a compensatory fine when:
(A) The act causing the youth offender to be found within the
jurisdiction of the court resulted in injury to another person or
property; and
(B) Unless the issue of punitive damages has been previously
decided in a civil case arising out of the same act and
transaction, the person injured by the act causing the youth
offender to be found within the jurisdiction of the court has a
remedy by civil action in the case.
(b) The clerk shall credit and distribute the payment as
provided in ORS 137.295. The clerk shall pay over to the injured
victim or victims, as directed in the court's order, moneys paid
to the court as compensatory fines under this subsection. This
subsection shall be liberally construed in favor of victims.
(c) The court may apportion the amount of a victim's economic
damages between compensatory fines and restitution awarded under
ORS 419C.450. The court may award compensatory fines in addition
to, or in lieu of, restitution. The court shall make a finding on
the record if the court awards a compensatory fine or restitution
to compensate a victim for economic damages. If the amount of
economic damages exceeds the amount of fines permissible under
ORS 161.625 and 161.635, the court may award the balance of
economic damages as restitution.
(d) Nothing in this subsection limits or impairs the right of a
person injured by a youth offender's criminal acts to sue and
recover damages from the youth offender in a civil action.
Evidence that the youth offender has paid or has been ordered to
pay a compensatory fine under this subsection may not be
introduced in any civil action arising out of the facts or events
that were the basis for the compensatory fine. However, the court
in the civil action shall credit any compensatory fine paid by
the youth offender to a victim against any judgment for punitive
damages in favor of the victim in the civil action.
(e) For purposes of this subsection, 'victim' has the meaning
given that term in ORS 137.103. + }
SECTION 8. 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 { + and 419C.459 + }.
(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).
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 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 9. 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 { + and 419C.459 + }.
(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.
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