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 3886
A-Engrossed
Senate Bill 1052
Ordered by the Senate June 14
Including Senate Amendments dated June 14
Sponsored by Senator WINTERS (at the request of Blue Ribbon Task
Force on Methamphetamine)
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.
Provides for increased, nonwaivable unitary assessment in
methamphetamine-related crimes { + , except in juvenile
cases + }. Directs that proceeds of additional assessment be
transferred to counties for administration of substance abuse
treatment programs.
{ - Declares emergency, effective on passage. - }
A BILL FOR AN ACT
Relating to unitary assessments in methamphetamine prosecutions;
creating new provisions; and amending ORS 137.290 and 137.295.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section. The
unitary assessment shall also be imposed by the circuit court and
county court in juvenile cases under ORS 419C.005 (1). The
unitary assessment is a penal obligation in the nature of a fine
and shall be in an amount as follows:
(a) $107 in the case of a felony.
(b) $67 in the case of a misdemeanor.
(c) $97 in the case of a conviction for driving under the
influence of intoxicants.
(d) $37 in the case of a violation as described in ORS 153.008.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $42 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for
violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
(B) ORS 811.111 (1)(b) by driving at least 65 miles per hour;
{ - and - }
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163 { - . - } { + ;
(c) $500 if the crime of conviction is a violation of ORS
475.890 or 475.892; and
(d) $1,000 if the crime of conviction is a violation of ORS
475.886 or 475.888. + }
(3) Subject to subsection (4) of this section, the court in any
case may waive payment of the unitary assessment, in whole or in
part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case.
In making its determination under this subsection, the court
shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
(4) If a defendant is convicted of an offense, the court { + :
(a) + } May waive all or part of the unitary assessment
required under subsections (1) and (2)(a) of this section only if
the court imposes no fine on the defendant.
{ + (b) May not waive the portion of the unitary assessment
required under subsection (2)(c) or (d) of this section, except
in juvenile cases under ORS 419C.005 (1). + }
SECTION 2. ORS 137.290, as amended by section 21, chapter 843,
Oregon Laws 2005, is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section.
Except when the person successfully asserts the defense set forth
in ORS 419C.522, the unitary assessment shall also be imposed by
the circuit court and county court in juvenile cases under ORS
419C.005 (1). The unitary assessment is a penal obligation in the
nature of a fine and shall be in an amount as follows:
(a) $107 in the case of a felony.
(b) $67 in the case of a misdemeanor.
(c) $97 in the case of a conviction for driving under the
influence of intoxicants.
(d) $37 in the case of a violation as described in ORS 153.008.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $42 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for
violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
(B) ORS 811.111 (1)(b) by driving at least 65 miles per hour;
{ - and - }
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163 { - . - } { + ;
(c) $500 if the crime of conviction is a violation of ORS
475.890 or 475.892; and
(d) $1,000 if the crime of conviction is a violation of ORS
475.886 or 475.888. + }
(3) Subject to subsection (4) of this section, the court in any
case may waive payment of the unitary assessment, in whole or in
part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case.
In making its determination under this subsection, the court
shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
(4) If a defendant is convicted of an offense, the court { + :
(a) + } May waive all or part of the unitary assessment
required under subsections (1) and (2)(a) of this section only if
the court imposes no fine on the defendant.
{ + (b) May not waive the portion of the unitary assessment
required under subsection (2)(c) or (d) of this section, except
in juvenile cases under ORS 419C.005 (1). + }
SECTION 3. 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. { + Notwithstanding paragraph (c) of this
subsection, the portion of assessments collected as required by
ORS 137.290 (2)(c) and (d) shall be considered category 4
obligations. + }
(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. { + The clerk shall monthly transfer
the portion of assessments collected as required by ORS 137.290
(2)(c) and (d) to the county for administration of substance
abuse treatment programs described in ORS 430.420. + }
(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 4. 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. { + Notwithstanding paragraph (c) of this
subsection, the portion of assessments collected as required by
ORS 137.290 (2)(c) and (d) shall be considered category 4
obligations. + }
(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. { + The clerk shall monthly transfer the portion of
assessments collected as required by ORS 137.290 (2)(c) and (d)
to the county for administration of substance abuse treatment
programs described in ORS 430.420. + }
(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 5. { + The amendments to ORS 137.290 by sections 1 and
2 of this 2007 Act apply to crimes committed on or after the
effective date of this 2007 Act. + }
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