75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2287
LC 206/HB 2287-2
HOUSE AMENDMENTS TO
HOUSE BILL 2287
By COMMITTEE ON JUDICIARY
May 7
In line 2 of the printed bill, delete 'repealing ORS 5.110 '
and insert 'creating new provisions; amending ORS 1.202, 1.204,
2.565, 18.235, 21.010, 21.110, 21.114, 21.270, 21.275, 21.310,
21.325, 46.570, 105.130, 125.060, 131.897, 135.265, 135.921,
137.225, 137.293, 137.295, 137.540, 305.490, 419A.262 and
813.240; appropriating money; and providing for revenue raising
that requires approval by a three-fifths majority'.
Delete line 4 and insert:
'
{ + COLLECTION ACCOUNT FEES + }
' { + SECTION 1. + } ORS 1.202 is amended to read:
' 1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions of the
judicial branch of state government, shall add a fee of not less
than $50 and not more than { - $100 - } { + $200 + } to any
judgment that includes a monetary obligation that the court or
judicial branch is charged with collecting. The fee shall be
added to cover the cost of establishing and administering an
account for the debtor and shall be added without further notice
to the debtor or further order of the court. The fee shall be
added only if the court gives the defendant a period of time in
which to pay the obligation after the financial obligation is
imposed. Fees under this subsection shall be deposited in the
{ - General Fund - } { + Judicial Department Collections
Account established under ORS 1.204 and may be used only for the
purposes specified in ORS 1.204 + }.
' (2) All circuit courts and appellate courts of this state,
and all commissions, departments and divisions of the judicial
branch of state government, { - that use the Department of
Revenue or private collection agencies - } shall add a fee to
any { - judgment referred for collection that includes a
monetary obligation - } { + monetary obligation + } that the
state court or the commission, department or division is charged
with collecting { + , that has been reduced to judgment and that
remains unpaid 60 days after the judgment has been entered + }.
The fee shall be added to cover the costs of collection
{ - charged by the Department of Revenue or private collection
agency - } and shall be added to the monetary obligation without
further notice to the debtor or further order of the court. The
{ + amount of the + } fee { + shall be established by order of
the Chief Justice of the Supreme Court, but + }may not exceed
the
{ - actual costs of collection charged by the Department of
Revenue or private collection agency - } { + Department of
Revenue's average cost of collection for all judgments, as
determined by the Department of Revenue on July 1 of every
odd-numbered year + }. Fees under this subsection shall be
deposited in the Judicial Department Collections Account
established under ORS 1.204 and may be used only for the purposes
specified in ORS 1.204.
' (3) { - A court may not waive or suspend - } { + The
Chief Justice may adopt policies governing the waiver or
suspension of + } the fees required to be added to judgments
under the provisions of this section.
' { + SECTION 1a. + } { + (1) The amendments to ORS 1.202
(1) by section 1 of this 2009 Act providing that fees collected
under ORS 1.202 (1) be deposited in the Judicial Department
Collections Account apply to all such fees collected on or after
January 1, 2010, without regard to the date of entry of the
judgment for which the fee is imposed.
' (2) The amendments to ORS 1.202 (2) by section 1 of this 2009
Act apply only to judgments entered on or after January 1,
2010. + }
' { + SECTION 2. + } ORS 1.204 is amended to read:
' 1.204. (1) The State Court Administrator may establish a
collections and revenue management program within the Judicial
Department for the purpose of administering accounts and
collections. Subject to policies and procedures prescribed by the
State Court Administrator, the collections and revenue management
program may collect, by any means authorized by law, all amounts
owing to the state that are subject to collection by the state
courts or by a commission, department or division in the judicial
branch of state government. The State Court Administrator may
establish a separate unit within the program for the collection
of parking fines in counties with populations of more than
500,000.
' (2) There is established within the General Fund the Judicial
Department Collections Account. The account shall consist of
moneys deposited in the account under the provisions of
subsection (3) of this section { + and ORS 1.202 + }. All moneys
in the { + Judicial Department Collections + } Account are
continuously appropriated to the Judicial Department and may be
used only for the purposes specified in subsection (3) of this
section { + and ORS 1.202 + }.
' (3) All moneys collected by the collections and revenue
management program established under this section shall be
deposited in the Judicial Department Collections Account. At the
end of each calendar month, the State Court Administrator shall
distribute the amounts in the account in the following order of
priority:
' (a) Except as provided in subsection (4) of this section, the
collections and revenue management program shall be reimbursed
for actual costs and expenses of the program, including personnel
expenses, incurred in the administration and collection of
accounts. The amount of reimbursement may not exceed the actual
costs and expenses incurred by the collections and revenue
management program. The State Court Administrator may designate a
single percentage amount to be retained from all moneys collected
under the program, but must adjust that percentage amount
periodically to reflect actual program costs.
' (b) All moneys not expended under paragraph (a) of this
subsection shall be distributed as otherwise provided by law for
the amounts collected.
' (4) The collections and revenue management program may not be
reimbursed under subsection (3) of this section from any of the
following amounts collected under the program, and all such
amounts collected under the program shall be distributed as
otherwise provided by law:
' (a) Restitution and compensatory fines paid under judgments
in criminal actions;
' (b) Legal aid fees collected under ORS 21.480;
' (c) Law library fees collected under ORS 21.350;
' (d) Dispute resolution surcharges imposed under ORS 36.170;
and
' (e) Fees imposed under ORS 21.112.
' { + (5) If at the end of any biennium the Judicial
Department determines that the moneys available in the Judicial
Department Collections Account exceed the amount necessary to
fund the collections and revenue management program for a period
of six months, the department shall transfer all moneys in excess
of that amount in the General Fund. + }
'
{ + APPELLATE MEDIATION FEES + }
' { + SECTION 3. + } ORS 2.565 is amended to read:
' 2.565. The Appellate Mediation Program Revolving Account is
established within the General Fund. The Judicial Department
shall pay into the State Treasury { - $40 - } { + $85 + } of
each filing fee paid by petitioners under the provisions of ORS
21.010, and { - $24 - } { + $85 + } of each filing fee paid
by respondents under the provisions of ORS 21.010. The State
Treasurer shall deposit the moneys in the General Fund to the
credit of the Appellate Mediation Program Revolving Account. The
moneys in the account are appropriated continuously to the
Judicial Department, and may be used only for the purpose of
administering the appellate mediation program established under
the provisions of ORS 2.560, including payment of administrative
costs and costs of providing mediation services to indigent
parties.
' { + SECTION 3a. + } { + The amendments to ORS 2.565 by
section 3 of this 2009 Act apply only to filings under ORS 21.010
made on or after January 1, 2010. + }
'
{ + FILING FEES + }
' { + SECTION 4. + } ORS 21.010 is amended to read:
' 21.010. (1) Except as provided in subsection { - (2) - }
{ + (3) + } of this section, the appellant in an appeal or the
petitioner in a judicial review in the Supreme Court or the Court
of Appeals shall pay { - a filing fee of $154 in the manner
prescribed by ORS 19.265 - } { + $239 as the filing fee for a
single party + }. The respondent in such case and any other
person appearing in the appeal, upon entering first appearance or
filing first brief in the court, shall pay to the State Court
Administrator { - the sum of $154 - } { + $239 as the filing
fee for a single party + }. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
' { + (2) Except as provided in subsection (3) of this
section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals
shall pay $239 for each additional person named as an appellant
or petitioner. The respondent in such case, and any other person
appearing in the appeal, shall pay $239 to the State Court
Administrator for each additional person named as a respondent.
The party entitled to costs and disbursements on such appeal
shall recover from the opponent the amount so paid. Fees
collected under this subsection shall be deposited by the clerk
of the court in the State Judicial Stabilization Fund. + }
' { - (2) - } { + (3) + } Filing and appearance fees may not
be assessed in appeals from habeas corpus proceedings under ORS
34.710, post-conviction relief proceedings under ORS 138.650,
juvenile court under ORS 419A.200 and the involuntary commitment
of persons determined to be mentally ill under ORS 426.135 or
persons determined to be mentally retarded under ORS 427.295, or
on judicial review of orders of the Psychiatric Security Review
Board under ORS 161.385 (9) or orders of the State Board of
Parole and Post-Prison Supervision.
' { - (3) - } { + (4) + } Filing and appearance fees shall
be assessed in an appeal from an appeal to a circuit court from a
justice court or municipal court in an action alleging commission
of a state offense designated as a violation or an action
alleging violation of a city charter or ordinance, but not in an
action alleging commission of a state crime.
' { - (4) - } { + (5) + } Filing and appearance fees shall
only be assessed in an appeal in a contempt proceeding seeking
imposition of remedial sanctions under the provisions of ORS
33.055.
' { + SECTION 4a. + } { + The amendments to ORS 21.010 by
section 4 of this 2009 Act apply only to filings and appearances
under ORS 21.010 made on or after January 1, 2010. + }
' { + SECTION 5. + } ORS 21.110 is amended to read:
' 21.110. (1) { + (a) + } Except as otherwise provided in this
section, at the time of filing in the circuit court of any civil
action, suit or proceeding, including appeals, the clerk of the
circuit court shall collect from the plaintiff, appellant or
moving party the sum of { - $107 - } { + $117 + } as
{ - a - } { + the + } flat and uniform filing fee { + for a
single party + }. In addition, at the time of filing any
appearance in any such action, suit or proceeding by any
defendant or respondent appearing separately, or upon the part of
defendants or respondents appearing jointly, the clerk shall
collect from the party or parties the sum of { - $107 - } { +
$117 + } as { - a - } { + the + } flat and uniform filing
fee { + for a single party + }.
' { + (b) Except as otherwise provided in this section, at
the time of filing any civil action, suit or proceeding,
including appeals, in the circuit court the clerk of the circuit
court shall collect from the plaintiff, appellant or moving party
the sum of $117 for each additional party named in the pleading.
In addition, at the time of filing any appearance in such action,
suit or proceeding by a defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, the clerk shall collect from the party or
parties the sum of $117 for each additional party named in the
pleading. Fees collected under this paragraph shall be deposited
by the clerk of the court in the State Judicial Stabilization
Fund. + }
' (2) In the following actions, the clerk of the circuit court
shall collect the sum of $68 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $68 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
' (a) Actions for the recovery of money or damages only when
the amount claimed does not exceed $10,000.
' (b) Actions for the recovery of specific personal property
when the value of the property claimed and the damages for the
detention do not exceed $10,000.
' (c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
' (d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
' (e) Actions of interpleader, and in the nature of
interpleader, when the amount of money or the value of the
property involved does not exceed $10,000.
' (f) Actions for injunctive relief under ORS chapter 90 when
the amount of any damages claimed does not exceed $10,000.
' (3) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.823 or 181.826, at the time the petition is filed.
Fees collected under this subsection shall be deposited into the
Judicial Department Operating Account established in ORS 1.009.
' (4) For purposes of subsection (2) of this section, the
amount claimed, value of property, damages or any amount in
controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A.
' (5) A pleading or other document shall be filed by the clerk
only if the fee required under this section is paid by the person
filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be
refunded to any party. The uniform fee shall cover all services
to be performed by the court or clerk in any such action, suit or
proceeding, except where additional fees are specially authorized
by law.
' (6) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
' (7) The fees imposed by this section do not apply to:
' (a) Protective proceedings under ORS chapter 125;
' (b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
' (c) Filiation proceedings under ORS 109.124 to 109.230;
' (d) Proceedings to determine custody or support of a child
under ORS 109.103;
' (e) Probate, adoption or change of name proceedings;
' (f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
' (g) Any counterclaim, cross-claim or third-party claim filed
by a party who has appeared in the action or proceeding.
' (8) The fees described in this section shall not be charged
to a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
' { + (9) The fees in this section do not apply to
applications filed under ORS 137.225 or 419A.262. + }
' { + SECTION 5a. + } { + The amendments to ORS 21.110 by
section 5 of this 2009 Act apply only to filings and appearances
under ORS 21.110 (1) made on or after January 1, 2010. + }
'
{ + HEARING FEES + }
' { + SECTION 6. + } ORS 21.270 is amended to read:
' 21.270. (1) In any civil action, suit or proceeding in the
circuit court, { - other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name
proceeding, - } trial fees shall be collected as provided in this
section.
' (2) The clerk of the circuit court shall collect from the
plaintiff, appellant or moving party, for a trial on the merits
without a jury, a trial fee of { - $77 - } { + $150 + } for
each full or partial day of the trial. The amount of the fee for
the first day of trial shall be collected in advance and is due
and payable when the action, suit or proceeding is set for trial.
The amount of the fee for subsequent days of trial shall be
collected on the day the trial concludes.
' (3)(a) The clerk shall collect from the plaintiff or
appellant, for a trial by a jury of more than six persons, a jury
trial fee of { - $193 - } { + $250 + } for each full or
partial day of the trial. The clerk shall collect from the
plaintiff or appellant, for a trial by a jury of six persons, a
jury trial fee of { - $110 - } { + $175 + } for each full or
partial day of the trial. The amount of the fee for the first day
of trial shall be collected in advance and is due and payable
when the action, suit or proceeding is set for trial by jury. The
amount of the fee for subsequent days of trial shall be collected
on the day the trial concludes.
' (b) If the plaintiff or appellant waives a trial by jury, and
the defendant or respondent desires a trial by jury, the clerk
shall collect the jury trial fee from the defendant or
respondent, and not from the plaintiff or appellant.
' (c) A case in which the jury trial fee for the first day of
trial has not been paid shall be tried by the court without a
jury, unless the court otherwise orders. If a case in which the
jury trial fee for the first day of trial has not been paid is
tried by a jury, the clerk shall tax against the losing party the
total amount of the jury trial fee. The jury trial fee
constitutes a monetary obligation payable to the court, and may
be made part of the judgment in the case by the clerk without
further notice to the debtor or further order of the court.
' (4) If a counterclaim, cross-claim or third party claim is
tried on any day other than a day on which the claim of the
plaintiff is tried, the clerk shall collect from the party
asserting the counterclaim, cross-claim or third party claim the
trial fee or jury trial fee, whichever is applicable, for that
day, and shall not collect the applicable fee for that day from
the plaintiff. If the party asserting a counterclaim, cross-claim
or third party claim waives a trial by jury on the claim, and the
party defending against the claim desires a trial by jury on the
claim, the clerk shall collect the jury trial fee from the
defending party and not from the asserting party.
' (5) The fees provided for in this section include any
reporting of the trial proceedings, but not the preparation of
transcripts of a report.
' (6) Except as otherwise provided in subsection (3)(c) of this
section, the fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
' (7) A court shall order that a trial fee paid under the
provisions of this section be refunded to the party that paid the
fee if all claims in the action or proceeding are decided without
the commencement of a trial and the party that paid the fee files
a motion and affidavit requesting refund of the fee not more than
15 days after entry of judgment disposing of the action or
proceeding.
' { + SECTION 6a. + } { + The amendments to ORS 21.270 by
section 6 of this 2009 Act apply only to trials conducted on or
after January 1, 2010. + }
' { + SECTION 7. + } ORS 21.275 is amended to read:
' 21.275. (1) In any civil action, suit or proceeding in the
circuit court, { - other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name
proceeding, - } hearing fees for reported hearings shall be
collected as provided in this section. There is no hearing fee
under this section for a hearing not reported.
' (2) As used in this section:
' (a) 'Hearing' means an actual appearance of one or more
parties before the court for an examination by the court without
a jury, other than a trial or during a trial for which a trial
fee is required, of issues of fact or law arising from a motion,
application, petition or other document filed with the court by a
moving party, but does not include a conference solely for the
purpose of case settlement or case scheduling.
' (b) 'Moving party' means a party who files with the court a
motion, application, petition or other document referred to in
paragraph (a) of this subsection.
' (c) 'Nonmoving party' means a party other than a moving
party.
' (3) The clerk of the circuit court shall collect the hearing
fees. The fee for a reported hearing is { - $33 - } { +
$100 + } if the hearing period is not more than three hours or
{ - $77 - } { + $175 + } if the hearing period is more than
three hours. The fee does not include the preparation of
transcripts of a report.
' (4) If a hearing in respect to the document filed by the
moving party is required by statute or rule, the document shall
indicate whether the moving party requests that the hearing be
reported, and if reporting is requested, shall contain an
estimate of the hearing period. If the moving party requests
reporting, the moving party shall pay the applicable hearing fee,
based upon the estimate of the hearing period, when the document
is filed. If the moving party does not request reporting and a
nonmoving party files a request for reporting with the court, the
request shall contain an estimate of the hearing period, and the
nonmoving party shall pay the applicable hearing fee, based upon
the estimate of the hearing period, when the request is filed.
' (5) If a hearing in respect to the document filed by the
moving party is not required by statute or rule, the document
shall indicate whether the moving party requests a hearing. The
document also shall indicate whether the moving party requests
that the hearing be reported, and if reporting is requested,
shall contain an estimate of the hearing period. If the moving
party requests reporting, the moving party shall pay the
applicable hearing fee, based upon the estimate of the hearing
period, when the document is filed. If the moving party does not
request reporting and a nonmoving party files a request for
reporting with the court, the request shall contain an estimate
of the hearing period, and the nonmoving party shall pay the
applicable hearing fee, based upon the estimate of the hearing
period, when the request is filed.
' (6) If a hearing in respect to the document filed by the
moving party is not required by statute or rule or requested by
the moving party and a nonmoving party files a request for
hearing with the court, the request also shall indicate whether
the nonmoving party requests that the hearing be reported, and if
reporting is requested, shall contain an estimate of the hearing
period. If the nonmoving party requests reporting the nonmoving
party shall pay the applicable hearing fee, based upon the
estimate of the hearing period, when the request is filed. If the
nonmoving party does not request reporting and the moving party
files a request for reporting with the court, the request shall
contain an estimate of the hearing period, and the moving party
shall pay the applicable hearing fee, based upon the estimate of
the hearing period, when the request is filed.
' (7) If a hearing in respect to the document filed by the
moving party is not required by statute or rule or requested by a
party, but the court on its own motion orders a hearing and a
party files a request that the hearing be reported with the
court, the request shall contain an estimate of the hearing
period, and the party shall pay the applicable hearing fee, based
upon the estimate of the hearing period, when the request is
filed. If the court on its own motion orders a hearing, no party
requests reporting and the court on its own motion orders that
the hearing be reported, the court order shall contain an
estimate of the hearing period, and each party shall pay an equal
proportionate share of the applicable hearing fee, based upon the
estimate of the hearing period, before the hearing is held.
' (8) No document containing a request for reporting or other
request for reporting referred to in subsections (4) to (7) of
this section shall be deemed filed unless the fee required by
those subsections of the filing party is paid by the party.
' (9) The fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
' { + SECTION 7a. + } { + The amendments to ORS 21.275 by
section 7 of this 2009 Act apply only to hearings conducted on or
after January 1, 2010. + }
'
{ + NAME CHANGE FEE + }
' { + SECTION 8. + } ORS 21.114 is amended to read:
' 21.114. (1) In a court having jurisdiction, the clerk of the
court shall charge and collect:
' (a) In an adoption proceeding, a first appearance fee of $39
from the party filing the petition for adoption, and a first
appearance fee of $39 from an objecting party appearing
separately or objecting parties appearing jointly.
' (b) In a change of name proceeding, a first appearance fee of
{ - $39 - } { + $100 + } from the party filing the application
for change of name, and a first appearance fee of { - $39 - }
{ + $100 + } from an objecting party appearing separately or
objecting parties appearing jointly.
' (2) A pleading or other document shall be filed by the clerk
only if the fee required under this section is paid or if a
request for a fee waiver or deferral is granted by the court.
' (3) In any adoption or change of name proceeding in a court
having jurisdiction, the clerk of the court shall charge and
collect in advance from the party having the affirmative of the
issue, at the time the proceeding comes on for trial or hearing
upon the issues of fact or law involved therein, a trial or
hearing fee of $39.
' { + SECTION 8a. + } { + The amendments to ORS 21.114 by
section 8 of this 2009 Act apply only to filings and appearances
under ORS 21.114 (1)(b) made on or after January 1, 2010. + }
'
{ + SMALL CLAIMS FEES + }
' { + SECTION 9. + } ORS 46.570 is amended to read:
' 46.570. (1) In the small claims department of circuit court
there shall be charged and collected in civil cases by the clerk
of the court the following fees for the following purposes and
services:
' (a)(A) Plaintiff filing a claim, { - $26 - } { + $50 + }
when the amount or value claimed does not exceed $1,500, and
{ - $55 - } { + $100 + } when the amount or value claimed
exceeds $1,500; and
' (B) Defendant demanding a hearing, { - $24 - } { +
$50 + } when the amount or value claimed by plaintiff does not
exceed $1,500, and
{ - $50 - } { + $100 + } when the amount or value claimed by
plaintiff exceeds $1,500.
' (b) Transcription of judgment from small claims department,
$7.
' (c) Transfer of cause to circuit court on counterclaim, $12.
' (2) Except as otherwise provided in subsection (1) of this
section, fees provided for in this section shall be collected in
advance. A pleading or other document shall be filed by the clerk
only if the required fee is paid or if a request for a fee waiver
or deferral is granted by the court. Fees provided for in this
section may not be refunded.
' { + SECTION 9a. + } { + The amendments to ORS 46.570 by
section 9 of this 2009 Act apply only to filings and demands for
hearing under ORS 46.570 (1)(a) made on or after January 1,
2010. + }
'
{ + FORCIBLE ENTRY AND DETAINER FEES + }
' { + SECTION 10. + } ORS 105.130 is amended to read:
' 105.130. (1) Except as provided in this section and ORS
105.135, 105.137 and 105.140 to 105.161, an action pursuant to
ORS 105.110 shall be conducted in all respects as other actions
in courts of this state.
' (2) Upon filing a complaint in the case of a dwelling unit to
which ORS chapter 90 applies, the clerk shall:
' (a) Collect a filing fee of { - $13 - } { + $25 + };
' (b) Collect any other fee authorized by law or ordinance; and
' (c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the
plaintiff or an agent of the plaintiff sufficient copies of the
summons and complaint for service.
' (3) After a complaint is filed under subsection (2) of this
section, if the defendant demands a trial, the plaintiff shall
pay an additional filing fee of $29 and the defendant shall pay a
filing fee of $42.
' (4) An action pursuant to ORS 105.110 shall be brought in the
name of a person entitled to possession as plaintiff. The
plaintiff may appear in person or through an attorney. In an
action to which ORS chapter 90 applies, the plaintiff may also
appear through a nonattorney who is an agent or employee of the
plaintiff or an agent or employee of an agent of the plaintiff.
' (5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a
state agency may appear in an action brought pursuant to ORS
105.110 through an officer or employee of the agency if:
' (a) The Attorney General consents to the representation of
the agency by an officer or employee in the particular action or
in the class of actions that includes the particular action; and
' (b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being
conducted.
' (6) In addition to the fees charged under subsection (2) of
this section, the clerk shall collect a surcharge from the
plaintiff at the time a complaint is filed that is subject to the
filing fees established by subsection (2) of this section and
from a defendant at the time a defendant demands a trial in the
action. The surcharge shall be deposited by the State Court
Administrator into the State Treasury to the credit of the
Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the
surcharge shall be $10.
' (7) A document or pleading shall be filed by the clerk only
if the fees and surcharges required under this section are paid
by the person filing the document or pleading or if an
application for a waiver or deferral of fees and court costs is
granted by the court under ORS 21.680 to 21.698. Fees and
surcharges provided for in this section may not be refunded.
' { + SECTION 10a. + } { + The amendments to ORS 105.130 by
section 10 of this 2009 Act apply only to filings made under ORS
105.130 on or after January 1, 2010. + }
'
{ + SECURITY RELEASE DEPOSITS + }
' { + SECTION 11. + } ORS 135.265 is amended to read:
' 135.265. (1) If the defendant is not released on personal
recognizance under ORS 135.255, or granted conditional release
under ORS 135.260, or fails to agree to the provisions of the
conditional release, the magistrate shall set a security amount
that will reasonably assure the defendant's appearance. The
defendant shall execute the security release in the amount set by
the magistrate.
' (2) The defendant shall execute a release agreement and
deposit with the clerk of the court before which the proceeding
is pending a sum of money equal to 10 percent of the security
amount, but in no event shall such deposit be less than $25. The
clerk shall issue a receipt for the sum deposited. Upon
depositing this sum the defendant shall be released from custody
subject to the condition that the defendant appear to answer the
charge in the court having jurisdiction on a day certain and
thereafter as ordered by the court until discharged or final
order of the court. Once security has been given and a charge is
pending or is thereafter filed in or transferred to a court of
competent jurisdiction the latter court shall continue the
original security in that court subject to ORS 135.280 and
135.285. When conditions of the release agreement have been
performed and the defendant has been discharged from all
obligations in the cause, the clerk of the court shall return to
the person shown by the receipt to have made the deposit, unless
the court orders otherwise, 85 percent of the sum which has been
deposited and shall retain as security release costs 15 percent,
but not less than $5 { - nor more than $200 - } , of the amount
deposited. The interest that has accrued on the full amount
deposited shall also be retained by the clerk. The amount
retained by the clerk of a circuit court shall be paid over as
directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300.
The amount retained by a justice of the peace shall be deposited
in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation
treasury. At the request of the defendant the court may order
whatever amount is repayable to defendant from such security
amount to be paid to defendant's attorney of record.
' (3) Instead of the security deposit provided for in
subsection (2) of this section the defendant may deposit with the
clerk of the court an amount equal to the security amount in
cash, stocks, bonds, or real or personal property situated in
this state with equity not exempt owned by the defendant or
sureties worth double the amount of security set by the
magistrate. The stocks, bonds, real or personal property shall in
all cases be justified by affidavit. The magistrate may further
examine the sufficiency of the security as the magistrate
considers necessary.
'
{ + PAYMENT PLAN FOR MONETARY OBLIGATIONS UNDER + }
{ +
CRIMINAL JUDGMENT + }
' { + SECTION 12. + } ORS 137.293 is amended to read:
' 137.293. { + (1) + } All fines, costs, assessments,
restitution, compensatory fines and other monetary obligations
imposed upon a convicted person in a circuit, justice or
municipal court, shall constitute a single obligation on the part
of the convicted person. The clerk shall subdivide the total
obligation as provided in ORS 137.295 according to the various
component parts of the obligation and shall credit and distribute
accordingly, among those subdivisions, all moneys received.
' { + (2) Any payment plan established by a court for
monetary obligations imposed in a criminal action does not affect
the ability of the Judicial Department to use any collection
method, including tax intercepts, that is otherwise available to
the department. + }
'
{ + TAX COURT FEES + }
' { + SECTION 13. + } ORS 305.490 is amended to read:
' 305.490. (1) Plaintiffs or petitioners filing a complaint or
petition in the tax court shall pay a filing fee for each
complaint or petition as follows:
' (a) For a complaint or petition in the magistrate division,
{ - $25 - } { + $75 + }.
' (b) For a complaint or petition in the regular division,
{ - $50 - } { + $150 + }.
' (c) If a complaint or petition is specially designated under
ORS 305.501 for hearing in the regular division, a fee of
{ - $50 - } { + $150 + }.
' (2) Neither the State of Oregon, nor any county, school
district, municipal corporation or other public corporation
therein, nor any officer of any such public political division or
corporation, appearing in the representative capacity of the
officer of any public political division or corporation, shall be
required to pay the fee prescribed under this section. The party
entitled to costs and disbursements on such appeal shall recover
from the opponent of the party the amount so paid upon order of
the court, as in equity suits in the circuit court.
' (3)(a) If, in any proceeding before the tax court judge
involving taxes upon or measured by net income in which an
individual taxpayer is a party, or involving inheritance taxes,
the court grants a refund claimed by the executor or taxpayer or
denies in part or wholly an additional assessment of taxes
claimed by the Department of Revenue to be due from the estate or
taxpayer, the court may allow the taxpayer, in addition to costs
and disbursements, the following:
' (A) Reasonable attorney fees for the proceeding under this
subsection and for the prior proceeding in the matter, if any,
before the magistrate; and
' (B) Reasonable expenses as determined by the court. Expenses
include accountant fees and fees of other experts incurred by the
executor or individual taxpayer in preparing for and conducting
the proceeding before the tax court judge and the prior
proceeding in the matter, if any, before the magistrate.
' (b) Payment of attorney fees or reasonable expenses under
this subsection shall be made by the Department of Revenue in the
manner provided by ORS 305.790.
' (4)(a) If, in any proceeding before the tax court judge
involving ad valorem property taxation, exemptions, special
assessments or omitted property, the court finds in favor of the
taxpayer, the court may allow the taxpayer, in addition to costs
and disbursements, the following:
' (A) Reasonable attorney fees for the proceeding under this
subsection and for the prior proceeding in the matter, if any,
before the magistrate; and
' (B) Reasonable expenses as determined by the court. Expenses
include fees of experts incurred by the individual taxpayer in
preparing for and conducting the proceeding before the tax court
judge and the prior proceeding in the matter, if any, before the
magistrate.
' (b) Payment of attorney fees or reasonable expenses under
this subsection shall be made by the Department of Revenue in the
manner provided by ORS 305.790.
' (5) All fees and other moneys received or collected by the
clerk by virtue of the office of the clerk shall be paid over to
the State Treasurer and shall be held by the clerk in the General
Fund as miscellaneous receipts.
' { + SECTION 13a. + } { + The amendments to ORS 305.490 by
section 13 of this 2009 Act apply only to filings under ORS
305.490 made on or after January 1, 2010. + }
'
{ + MISCELLANEOUS FEES + }
' { + SECTION 14. + } ORS 21.325 is amended to read:
' 21.325. In the circuit court there shall be charged and
collected in advance by the clerk of the court the following fees
for the following purposes and services:
' (1) Making transcription of a judgment entered in the
register, $7.
' (2) Filing and entering transcript of judgment, $7.
' (3) Filing copy of foreign judgment and affidavit filed as
provided in ORS 24.115 and 24.125 or copy of child custody
determination of another state filed as provided in ORS 109.787,
$39.
' (4) Issuing { - writs of execution or - } writs of
garnishment,
{ - $12 - } { + $25 + } for each writ.
' { + (5) Issuing writs of execution, $35 for each writ. + }
' { - (5) - } { + (6) + } Preparing a certified copy of a
satisfaction document under ORS 18.225 (5), $6.
' { - (6) - } { + (7) + } Issuing an order under ORS 18.265
requiring a judgment debtor to appear when the order is issued by
any court other than the court in which the original judgment was
entered, $4.
' { - (7) - } { + (8) + } Issuing notices of restitution as
provided in ORS 105.151, { - $3 - } { + $15 + } for each
notice.
' { - (8) - } { + (9) + } For any service the clerk may be
required or authorized to perform and for which no fee is
provided by law, such fees as the Chief Justice of the Supreme
Court may establish or authorize, except that a fee may not be
charged for location or inspection of court records.
' { + SECTION 14a. + } { + The amendments to ORS 21.325 by
section 14 of this 2009 Act apply only to writs of garnishment,
writs of execution and notices of restitution issued on or after
January 1, 2010. + }
'
{ + STATE JUDICIAL STABILIZATION FUND + }
' { + SECTION 15. + } { + (1) The State Judicial
Stabilization Fund is established, separate and distinct from the
General Fund. Interest earned by the State Judicial Stabilization
Fund shall be credited to the fund. The fund shall consist of
amounts deposited in the fund under:
' (a) Section 16 of this 2009 Act;
' (b) Section 17 of this 2009 Act;
' (c) Section 18 of this 2009 Act;
' (d) ORS 18.235 (12);
' (e) ORS 21.010 (2);
' (f) ORS 21.110 (1)(b);
' (g) ORS 21.310 (3)(b);
' (h) ORS 135.921 (3)(b);
' (i) ORS 137.225 (2)(c);
' (j) ORS 137.540 (7);
' (k) ORS 419A.262 (1); and
' (L) ORS 813.240 (2)(b).
' (2) All amounts in the State Judicial Stabilization Fund are
continuously appropriated to the Judicial Department for the
purpose of paying expenses related to maintaining stable and
equitable operation of the state court system.
' (3) The department may accept gifts, grants or contributions
from any source, whether public or private, for deposit in the
State Judicial Stabilization Fund. + }
'
{ + EX PARTE ORDER OR JUDGMENT FEE + }
' { + SECTION 16. + } { + (1) In any civil proceeding
subject to a fee under ORS 21.110, 21.111, 21.114 or 21.310, the
clerk of a circuit court shall collect the sum of $10 for filing
or submission of an ex parte order or judgment for the purpose of
signature by the judge and entry. + }
' { + (2) Fees collected under this section shall be
deposited by the clerk of the court in the State Judicial
Stabilization Fund. + }
' { + SECTION 16a. + } { + The fee imposed under section 16
of this 2009 Act applies only to ex parte orders or judgments
filed or submitted on or after January 1, 2010. + }
'
{ + SETTLEMENT CONFERENCE FEE + }
' { + SECTION 17. + } { + (1) In any civil proceeding
subject to a fee under ORS 21.110, 21.111, 21.114 or 21.310, in
which a party requests a settlement conference before a judge, or
in which a settlement conference before a judge is required by
law or by the court, all parties to the proceeding shall pay a
fee to the court before the conference is conducted as follows:
' (a) $50 for a settlement conference that is required by law
or by the court; and
' (b) $100 for a settlement conference that is requested by a
party.
' (2) Fees collected under this section shall be deposited by
the clerk of the court in the State Judicial Stabilization
Fund. + }
' { + SECTION 17a. + } { + The fee imposed under section 17
of this 2009 Act applies only to settlement conferences conducted
on or after January 1, 2010. + }
'
{ + CONTINUANCE FEE + }
' { + SECTION 18. + } { + (1) In any civil proceeding
subject to a fee under ORS 21.110, 21.111, 21.114 or 21.310 or in
any appeal or petition for review subject to a fee under ORS
21.010, the clerk of the court shall collect a fee of $50 from
any party filing a motion for continuance of a trial or a motion
for an extension of time for the filing of a pleading or other
document in the proceeding.
' (2) Fees collected under this section shall be deposited by
the clerk of the court in the State Judicial Stabilization
Fund. + }
' { + SECTION 18a. + } { + The fee imposed under section 18
of this 2009 Act applies only to motions for continuances or for
extensions of time filed on or after January 1, 2010. + }
'
{ + MOTION FOR SATISFACTION OF JUDGMENT FEE + }
' { + SECTION 19. + } ORS 18.235 is amended to read:
' 18.235. (1) A judgment debtor, or a person with an interest
in real property against which a judgment lien exists, may move
the court for an order declaring that a money award has been
satisfied or for a determination of the amount necessary to
satisfy the money award, when the person making the motion cannot
otherwise obtain a satisfaction document from a judgment
creditor.
' (2) Motions under this section shall be filed in the action
in which the judgment was entered. All proceedings on the motion
shall be conducted as part of the action in which the judgment
was entered. An appearance fee may not be charged for filing a
motion under this section.
' (3) A motion under this section must include the following
information, to the extent known to the person making the motion:
' (a) The date of entry and principal amount of the money
award.
' (b) The rate of interest and the date the interest commenced
to accrue.
' (c) The date or dates and amounts of any payments on the
money award.
' (d) Any amount that the person believes remains to be paid on
the money award, including any supporting mathematical
calculations.
' (e) Any other information necessary or helpful to the court
in making its determination.
' (4) A person making a motion under this section must serve
the motion on the judgment creditor. If the person making the
motion is not the judgment debtor, the person also must serve the
motion and supporting affidavit on the judgment debtor. If an
assignment of judgment document has been filed with the court
under ORS 18.205, the motion must be served on the person named
as the assignee of the judgment. Service on the judgment creditor
and judgment debtor under this subsection may be made as provided
in ORCP 9 if the motion is filed within one year after entry of
the judgment. If the motion is filed more than one year after
entry of the judgment, or service is to be made on an assignee of
the judgment, the motion may either be personally served as
provided in ORCP 7, or be served by certified mail, return
receipt requested with signed receipt. The court may waive
service on any person under this subsection if the person making
the motion files an affidavit with the court stating that the
person cannot be found after diligent effort by the person making
the motion. The person making the motion shall file proof of
service with the court.
' (5) A person served with a motion under this section must
file a response within 21 days after service is made, or within
such time as may be allowed by the court. The response must
specifically identify those assertions in the motion that the
person contests. The response must contain any information or
mathematical calculations necessary to support the contentions of
the responding party.
' (6) The court shall hear the motion not less than seven days
after notice of hearing is given to the person making the motion
and to the parties served with the motion. The court shall hear
and determine the issues in a summary fashion without a jury.
The court shall give the parties a reasonable opportunity to
present evidence relevant to any factual issues.
' (7) If the court determines that the person making the motion
is entitled to relief, the court shall issue an order providing
that the money award has been satisfied in full or, if the money
award has not been satisfied in full, the specific amount that
will satisfy the judgment on a specific date or within a period
of time specified in the order.
' (8) If the court finds that the judgment creditor willfully
failed to provide a satisfaction document under ORS 18.225, the
court may render a supplemental judgment awarding reasonable
attorney fees to the person making the motion. The supplemental
judgment may provide that the person making the motion may
satisfy the judgment by paying such amounts the court determines
to be necessary to satisfy the judgment less that sum of money
the court awards as attorney fees.
' (9) If the court finds that the money award has been
satisfied, or if the amount specified by the court is paid to the
court administrator within the time specified by the court, the
court administrator shall note in the register and in the
judgment lien record that the money award has been satisfied in
full. The court administrator shall deliver any money paid to the
court administrator to the party or parties specified in the
court's order.
' (10) Upon request of the person making the motion, the court
administrator shall issue a certificate indicating that the money
award has been satisfied. The certificate may be recorded in any
County Clerk Lien Record in which the judgment was recorded under
ORS 18.152. Recording of the certificate eliminates any judgment
lien that was created by the recording of the judgment.
' (11) At least five days before filing a motion under this
section, the person must serve by personal delivery or first
class mail a copy of the motion on the Administrator of the
Division of Child Support of the Department of Justice, or on the
branch office of the Department of Justice providing support
services to the county in which the motion will be made, if:
' (a) The motion relates to satisfaction of a support award;
and
' (b) Child support rights, as defined in ORS 25.010, for the
judgment creditor have been assigned to the state.
' { + (12) A person filing a motion under this section must
pay a fee to the court of $50 at the time the motion is filed.
Fees collected under this subsection shall be deposited by the
clerk of the court in the State Judicial Stabilization Fund. + }
' { - (12) - } { + (13) + } This section does not apply to
justice courts, municipal courts or county courts performing
judicial functions.
' { + SECTION 19a. + } { + The amendments to ORS 18.235 by
section 19 of this 2009 Act apply only to motions filed under ORS
18.235 on or after January 1, 2010. + }
'
{ + PROBATE ACCOUNTING FEES + }
' { + SECTION 20. + } ORS 21.310 is amended to read:
' 21.310. (1) Except as provided in ORS 114.515, in a court
having probate jurisdiction, the clerk of the court shall charge
and collect the following fees for the filing of the initial
documents in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and
contest of wills, or in any conservatorship proceeding:
' _______________________________________________________________
Where the amount of the estate is:
1. Not more than $10,000?a fee of $23.
2. More than $10,000 and not more than $25,000?a fee of $77.
3. More than $25,000 and not more than $50,000?a fee of $154.
4. More than $50,000 and not more than $100,000?a fee of $231.
5. More than $100,000 and not more than $500,000?a fee of $308.
6. More than $500,000 and not more than $1,000,000?a fee of
$385.
7. More than $1,000,000?a fee of $462.
' _______________________________________________________________
' { + (2) In a circuit court, the clerk shall charge and
collect the following fees for the filing of an annual or final
accounting in a probate proceeding or a conservatorship
proceeding: + }
' _______________________________________________________________
{ + Where the amount of the estate is:
1. Not more than $500,000?a fee of $100.
2. More than $500,000 and not more than $1 million?a fee of
$200.
3. More than $1 million?a fee of $300. + }
' _______________________________________________________________
' { - (2) - } { + (3)(a) + } In determining fees under
{ - subsection (1) - } { + subsections (1) and (2) + } of this
section in a probate proceeding, the amount of a settlement in a
wrongful death action brought for the benefit of the decedent's
surviving spouse or dependents is not part of the estate.
' { + (b) Fees collected under subsection (2) of this section
shall be deposited by the clerk of the court in the State
Judicial Stabilization Fund. + }
' { - (3) - } { + (4) + } In a court having probate
jurisdiction, the clerk shall charge and collect a fee of $23 for
the filing of the initial documents in any guardianship
proceeding.
' { - (4) - } { + (5) + } In a court having probate
jurisdiction, the clerk shall charge and collect a fee of $8 at
the time of filing a will without a petition for probate.
' { - (5) - } { + (6) + } At the time of filing any answer,
motion or objection in a probate proceeding or protective
proceeding under ORS chapter 125, the party filing the answer,
motion or objection shall pay a fee of $19 to the clerk.
' { - (6) - } { + (7) + } A pleading or other document shall
be filed by the clerk only if the fee required under this section
is paid or if a request for a fee waiver or deferral is granted
by the court.
' { - (7) - } { + (8) + } In any probate proceeding or
protective proceeding under ORS chapter 125 in a court having
probate jurisdiction, the clerk shall charge and collect in
advance from the party having the affirmative of the issue, at
the time the proceeding comes on for trial or hearing upon the
issues of fact or law involved therein, a trial or hearing fee of
$39.
' { + SECTION 20a. + } { + The amendments to ORS 21.310 by
section 20 of this 2009 Act apply only to accountings filed on or
after January 1, 2010. + }
' { + SECTION 21. + } ORS 125.060 is amended to read:
' 125.060. (1) The notices required by this section must be
given to all persons whose identities and addresses can be
ascertained in the exercise of reasonable diligence by the person
required to give the notice.
' (2) Notice of the filing of a petition for the appointment of
a fiduciary or entry of other protective order must be given by
the petitioner to the following persons:
' (a) The respondent, if the respondent has attained 14 years
of age.
' (b) The spouse, parents and adult children of the respondent.
' (c) If the respondent does not have a spouse, parent or adult
child, the person or persons most closely related to the
respondent.
' (d) Any person who is cohabiting with the respondent and who
is interested in the affairs or welfare of the respondent.
' (e) Any person who has been nominated as fiduciary or
appointed to act as fiduciary for the respondent by a court of
any state, any trustee for a trust established by or for the
respondent, any person appointed as a health care representative
under the provisions of ORS 127.505 to 127.660 and any person
acting as attorney-in-fact for the respondent under a power of
attorney.
' (f) If the respondent is a minor, the person who has
exercised principal responsibility for the care and custody of
the respondent during the 60-day period before the filing of the
petition.
' (g) If the respondent is a minor and has no living parents,
any person nominated to act as fiduciary for the minor in a will
or other written instrument prepared by a parent of the minor.
' (h) If the respondent is receiving moneys paid or payable by
the United States through the Department of Veterans Affairs, a
representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
' (i) If the respondent is receiving moneys paid or payable for
public assistance provided under ORS chapter 411 or 414 by the
State of Oregon through the Department of Human Services, a
representative of the department.
' (j) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
and the superintendent or other officer in charge of the facility
in which the respondent is confined.
' (k) If the respondent is a foreign national, the consulate
for the respondent's country.
' (L) Any other person that the court requires.
' (3) Notice of a motion for the termination of the protective
proceedings, for removal of a fiduciary, for modification of the
powers or authority of a fiduciary, for approval of a fiduciary's
actions or for protective orders in addition to those sought in
the petition must be given by the person making the motion to the
following persons:
' (a) The protected person, if the protected person has
attained 14 years of age.
' (b) Any person who has filed a request for notice in the
proceedings.
' (c) Except for a fiduciary who is making a motion, any
fiduciary who has been appointed for the protected person.
' (d) If the protected person is receiving moneys paid or
payable by the United States through the Department of Veterans
Affairs, a representative of the United States Department of
Veterans Affairs regional office that has responsibility for the
payments to the protected person.
' (e) If the protected person is committed to the legal and
physical custody of the Department of Corrections, the Attorney
General and the superintendent or other officer in charge of the
facility in which the protected person is confined.
' (f) Any other person that the court requires.
' (4) A request for notice under subsection (3)(b) of this
section must be in writing and include the name, address and
phone number of the person requesting notice. A copy of the
request must be mailed by the person making the request to the
petitioner or to the fiduciary if a fiduciary has been appointed.
The original request must be filed with the court. The person
filing the request must pay the fee specified by ORS 21.310
{ - (5) - } { + (6) + }.
' (5) A person who files a request for notice in the
proceedings in the manner provided by subsection (4) of this
section is entitled to receive notice from the fiduciary of any
motion specified in subsection (3) of this section and of any
other matter to which a person listed in subsection (2) of this
section is entitled to receive notice under a specific provision
of this chapter.
' (6) If the Department of Human Services is nominated as
guardian for the purpose of consenting to the adoption of a
minor, the notice provided for in this section must also be given
to the minor's brothers, sisters, aunts, uncles and grandparents.
' (7) In addition to the requirements of subsection (2) of this
section, notice of the filing of a petition for the appointment
of a guardian for a person who is alleged to be incapacitated
must be given by the petitioner to the following persons:
' (a) Any attorney who is representing the respondent in any
capacity.
' (b) If the respondent is a resident of a nursing home or
residential facility, or if the person nominated to act as
fiduciary intends to place the respondent in a nursing home or
residential facility, the office of the Long Term Care Ombudsman.
' (c) If the respondent is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the person nominated to act as
fiduciary intends to place the respondent in such a facility, the
system described in ORS 192.517 (1).
' (8) In addition to the requirements of subsection (3) of this
section, in a protective proceeding in which a guardian has been
appointed, notice of the motions specified in subsection (3) of
this section must be given by the person making the motion to the
following persons:
' (a) Any attorney who represented the protected person at any
time during the protective proceeding.
' (b) If the protected person is a resident of a nursing home
or residential facility, or if the motion seeks authority to
place the protected person in a nursing home or residential
facility, the office of the Long Term Care Ombudsman.
' (c) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the motion seeks authority to
place the protected person in such a facility, the system
described in ORS 192.517 (1).
' (9) A respondent or protected person may not waive the notice
required under this section.
' (10) The requirement that notice be served on an attorney for
a respondent or protected person under subsection (7)(a) or
(8)(a) of this section does not impose any responsibility on the
attorney receiving the notice to represent the respondent or
protected person in the protective proceeding.
'
{ + DIVERSION PROGRAM ADMINISTRATION FEE + }
' { + SECTION 22. + } ORS 135.921 is amended to read:
' 135.921. (1) The filing fee paid by a defendant at the time
of filing a petition for a possession of marijuana diversion
agreement as provided in ORS 135.909 shall be $233 and shall be
ordered paid as follows if the petition is allowed:
' (a) $123 to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account; and
' (b) $110 to be distributed as provided for the disposition of
costs under ORS 153.630.
' (2) If less than the $233 filing fee is paid to the court by
the defendant under subsection (1) of this section, the money
actually received shall be allocated in the amounts provided
first to the State Treasurer and the remainder as provided for
the disposition of costs under ORS 153.630.
' (3) In addition to the filing fee under subsection (1) of
this section, the court shall order the defendant to pay { + :
' (a) + } $90 directly to the agency or organization providing
the diagnostic assessment { + ; and
' (b) $100 to the court as a program administration
fee + }. { + Fees collected under this paragraph shall be
deposited by the clerk of the court in the State Judicial
Stabilization Fund. + }
' (4) The Chief Justice of the Supreme Court may require that
any or all fees distributed by circuit courts under this section
be distributed through the offices of the State Court
Administrator.
' { + SECTION 22a. + } { + The amendments to ORS 135.921 by
section 22 of this 2009 Act apply only to petitions filed under
ORS 135.921 on or after January 1, 2010. + }
' { + SECTION 23. + } ORS 813.240 is amended to read:
' 813.240. (1) The filing fee paid by a defendant at the time
of filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 shall
be $261 and shall be ordered paid as follows if the petition is
allowed:
' (a) $136 to be credited and distributed under ORS 137.295 as
an obligation payable to the state;
' (b) $100 to be treated as provided for disposition of fines
and costs under ORS 153.630; and
' (c) $25 to be paid to the Director of Human Services for
deposit in the Intoxicated Driver Program Fund created under ORS
813.270, to be used for purposes of the fund.
' (2) In addition to the filing fee under subsection (1) of
this section, the court shall order the defendant to pay { + :
' (a) + } $150 directly to the agency or organization providing
the diagnostic assessment { + ; and
' (b) $100 to the court as a program administration
fee + }. { + Fees collected under this paragraph shall be
deposited by the clerk of the court in the State Judicial
Stabilization Fund. + }
' { + SECTION 23a. + } { + The amendments to ORS 813.240 by
section 23 of this 2009 Act apply only to petitions filed under
ORS 813.240 on or after January 1, 2010. + }
'
{ + EXPUNCTION FEES + }
' { + SECTION 24. + } ORS 137.225 is amended to read:
' 137.225. (1)(a) At any time after the lapse of three years
from the date of pronouncement of judgment, any defendant who has
fully complied with and performed the sentence of the court and
whose conviction is described in subsection (5) of this section
by motion may apply to the court where the conviction was entered
for entry of an order setting aside the conviction; or
' (b) At any time after the lapse of one year from the date of
any arrest, if no accusatory instrument was filed, or at any time
after an acquittal or a dismissal of the charge, the arrested
person may apply to the court that would have jurisdiction over
the crime for which the person was arrested, for entry of an
order setting aside the record of the arrest. For the purpose of
computing the one-year period, time during which the arrested
person has secreted himself or herself within or without the
state is not included.
' (2)(a) A copy of the motion and a full set of the defendant's
fingerprints shall be served upon the office of the prosecuting
attorney who prosecuted the crime or violation, or who had
authority to prosecute the charge if there was no accusatory
instrument filed, and opportunity shall be given to contest the
motion. The fingerprint card with the notation 'motion for
setting aside conviction,' or 'motion for setting aside arrest
record' as the case may be, shall be forwarded to the Department
of State Police bureau of criminal identification. Information
resulting from the fingerprint search along with the fingerprint
card shall be returned to the prosecuting attorney.
' (b) When a prosecuting attorney is served with a copy of a
motion to set aside a conviction under this section, the
prosecuting attorney shall provide a copy of the motion and
notice of the hearing date to the victim, if any, of the crime by
mailing a copy of the motion and notice to the victim's
last-known address.
' { + (c) A person making an application under subsection (1)
of this section must pay a fee to the court of $100 at the time
the application is filed. Fees collected under this paragraph
shall be deposited by the clerk of the court in the State
Judicial Stabilization Fund. + }
' { - (c) - } { + (d) In addition to the fee required under
subsection (1)(c) of this section, + } when a person makes
{ - a motion - } { + an application + } under subsection
(1)(a) of this section, the person must pay a fee of $80. The
person shall attach a certified check payable to the Department
of State Police in the amount of $80 to the fingerprint card that
is served upon the prosecuting attorney. The office of the
prosecuting attorney shall forward the check with the fingerprint
card to the Department of State Police bureau of criminal
identification.
' (3) Upon hearing the motion, the court may require the filing
of such affidavits and may require the taking of such proofs as
it deems proper. The court shall allow the victim to make a
statement at the hearing. Except as otherwise provided in
subsection (11) of this section, if the court determines that the
circumstances and behavior of the applicant from the date of
conviction, or from the date of arrest as the case may be, to the
date of the hearing on the motion warrant setting aside the
conviction, or the arrest record as the case may be, it shall
enter an appropriate order that shall state the original arrest
charge and the conviction charge, if any and if different from
the original, date of charge, submitting agency and disposition.
The order shall further state that positive identification has
been established by the bureau and further identified as to state
bureau number or submitting agency number. Upon the entry of the
order, the applicant for purposes of the law shall be deemed not
to have been previously convicted, or arrested as the case may
be, and the court shall issue an order sealing the record of
conviction and other official records in the case, including the
records of arrest whether or not the arrest resulted in a further
criminal proceeding.
' (4) The clerk of the court shall forward a certified copy of
the order to such agencies as directed by the court. A certified
copy must be sent to the Department of Corrections when the
person has been in the custody of the Department of Corrections.
Upon entry of the order, the conviction, arrest or other
proceeding shall be deemed not to have occurred, and the
applicant may answer accordingly any questions relating to its
occurrence.
' (5) The provisions of subsection (1)(a) of this section apply
to a conviction of:
' (a) A Class C felony, except for criminal mistreatment in the
first degree under ORS 163.205 when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
' (b) The crime of possession of the narcotic drug marijuana
when that crime was punishable as a felony only.
' (c) A crime punishable as either a felony or a misdemeanor,
in the discretion of the court, except for:
' (A) Any sex crime; and
' (B) The following crimes when they would constitute child
abuse as defined in ORS 419B.005:
' (i) Criminal mistreatment in the first degree under ORS
163.205; and
' (ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
' (d) A misdemeanor, including a violation of a municipal
ordinance, for which a jail sentence may be imposed, except for
endangering the welfare of a minor under ORS 163.575 (1)(a) when
it would constitute child abuse, as defined in ORS 419B.005, or
any sex crime.
' (e) A violation, whether under state law or local ordinance.
' (f) An offense committed before January 1, 1972, that if
committed after that date would be:
' (A) A Class C felony, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
' (i) Criminal mistreatment in the first degree under ORS
163.205; and
' (ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
' (B) A crime punishable as either a felony or a misdemeanor,
in the discretion of the court, except for any sex crime or for
the following crimes when they would constitute child abuse as
defined in ORS 419B.005:
' (i) Criminal mistreatment in the first degree under ORS
163.205; and
' (ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
' (C) A misdemeanor, except for endangering the welfare of a
minor under ORS 163.575 (1)(a) when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
' (D) A violation.
' (6) Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not apply to:
' (a) A person convicted of, or arrested for, a state or
municipal traffic offense.
' (b) A person convicted, within the 10-year period immediately
preceding the filing of the motion pursuant to subsection (1) of
this section, of any other offense, excluding motor vehicle
violations, whether or not the other conviction is for conduct
associated with the same criminal episode that caused the arrest
or conviction that is sought to be set aside. Notwithstanding
subsection (1) of this section, a conviction that has been set
aside under this section shall be considered for the purpose of
determining whether this paragraph is applicable.
' (c) A person who at the time the motion authorized by
subsection (1) of this section is pending before the court is
under charge of commission of any crime.
' (7) The provisions of subsection (1)(b) of this section do
not apply to a person arrested within the three-year period
immediately preceding the filing of the motion for any offense,
excluding motor vehicle violations, and excluding arrests for
conduct associated with the same criminal episode that caused the
arrest that is sought to be set aside.
' (8) The provisions of subsection (1) of this section apply to
convictions and arrests that occurred before, as well as those
that occurred after, September 9, 1971. There is no time limit
for making an application.
' (9) For purposes of any civil action in which truth is an
element of a claim for relief or affirmative defense, the
provisions of subsection (3) of this section providing that the
conviction, arrest or other proceeding be deemed not to have
occurred do not apply and a party may apply to the court for an
order requiring disclosure of the official records in the case as
may be necessary in the interest of justice.
' (10) Upon motion of any prosecutor or defendant in a case
involving records sealed under this section, supported by
affidavit showing good cause, the court with jurisdiction may
order the reopening and disclosure of any records sealed under
this section for the limited purpose of assisting the
investigation of the movant. However, such an order has no other
effect on the orders setting aside the conviction or the arrest
record.
' (11) Unless the court makes written findings by clear and
convincing evidence that granting the motion would not be in the
best interests of justice, the court shall grant the motion and
enter an order as provided in subsection (3) of this section if
the defendant has been convicted of one of the following crimes
and is otherwise eligible for relief under this section:
' (a) Abandonment of a child, ORS 163.535.
' (b) Attempted assault in the second degree, ORS 163.175.
' (c) Assault in the third degree, ORS 163.165.
' (d) Coercion, ORS 163.275.
' (e) Criminal mistreatment in the first degree, ORS 163.205.
' (f) Attempted escape in the first degree, ORS 162.165.
' (g) Incest, ORS 163.525, if the victim was at least 18 years
of age.
' (h) Intimidation in the first degree, ORS 166.165.
' (i) Attempted kidnapping in the second degree, ORS 163.225.
' (j) Criminally negligent homicide, ORS 163.145.
' (k) Attempted robbery in the second degree, ORS 164.405.
' (L) Robbery in the third degree, ORS 164.395.
' (m) Supplying contraband, ORS 162.185.
' (n) Unlawful use of a weapon, ORS 166.220.
' (12) As used in this section, 'sex crime' has the meaning
given that term in ORS 181.594.
' { + SECTION 24a. + } { + The amendments to ORS 137.225 by
section 24 of this 2009 Act apply only to applications made under
ORS 137.225 (1) on or after January 1, 2010. + }
' { + SECTION 25. + } ORS 419A.262 is amended to read:
' 419A.262. (1) An expunction proceeding shall be commenced
{ + by filing an application + } in the county where the
subject person resided at the time of the most recent
termination. { + A fee of $100 must be paid to the court when
the application is filed. Fees collected under this subsection
shall be deposited by the clerk of the court in the State
Judicial Stabilization Fund. + }
' (2) Upon application of either a person who is the subject of
a record or a juvenile department, or upon its own motion, the
juvenile court shall order expunction if, after a hearing when
the matter is contested, it finds that:
' (a) At least five years have elapsed since the date of the
person's most recent termination;
' (b) Since the date of the most recent termination, the person
has not been convicted of a felony or a Class A misdemeanor;
' (c) No proceedings seeking a criminal conviction or an
adjudication in a juvenile court are pending against the person;
' (d) The person is not within the jurisdiction of any juvenile
court on the basis of a petition alleging an act or behavior as
defined in ORS 419B.100 (1)(a) to (c) and (f) or 419C.005; and
' (e) The juvenile department is not aware of any pending
investigation of the conduct of the person by any law enforcement
agency.
' (3) In the case of an application by the juvenile department
or of the court acting upon its own motion, expunction shall not
be ordered if actual notice of expunction has not been given to
the person in accordance with subsection (10) of this section
unless the person has reached 21 years of age.
' (4) When a person who is the subject of a record kept by a
juvenile court or juvenile department reaches 18 years of age,
the juvenile court, after a hearing when the matter is contested,
shall order expunction if:
' (a) The person never has been found to be within the
jurisdiction of the court; or
' (b) The conditions of subsection (2) of this section have
been met.
' (5) Expunction shall not be ordered under this section if
actual notice of expunction has not been given to the person in
accordance with subsection (10) of this section unless the person
has reached 21 years of age.
' (6) Subsections (4) and (5) of this section apply only to
cases resulting in termination after September 13, 1975.
' (7) Notwithstanding subsections (2) and (4) to (6) of this
section, upon application of a person who is the subject of a
record kept by a juvenile court or juvenile department, upon
application of the juvenile department, or upon its own motion,
the juvenile court, after a hearing when the matter is contested,
may order expunction of all or any part of the person's record if
it finds that to do so would be in the best interests of the
person and the public. In the case of an application by the
juvenile department or of the court acting upon its own motion,
expunction shall not be ordered if actual notice of expunction
has not been given to the person in accordance with subsection
(10) of this section unless the person has reached 21 years of
age.
' (8) When an expunction proceeding is commenced by application
of the person whose records are to be expunged, the person shall
set forth as part of the application the names of the juvenile
courts, juvenile departments, institutions and law enforcement
and other agencies that the person has reason to believe possess
an expungible record of the person. The juvenile department shall
provide the names and addresses of the juvenile courts, juvenile
departments, institutions and law enforcement and other agencies
that a reasonable search of department files indicates have
expungible records.
' (9) When an expunction proceeding is commenced by application
of the juvenile department or upon the court's own motion, the
application or motion shall set forth the names and addresses of
the juvenile courts, juvenile departments, institutions and law
enforcement and other agencies that a reasonable search of
department files indicates have expungible records and those
provided by the subject person.
' (10)(a) Notice and a copy of an application for expunction
under subsections (2) to (7) of this section shall be given to:
' (A) The district attorney of the county in which the
expunction proceeding is commenced and the district attorney of
each county in which the record sought to be expunged is kept;
and
' (B) The person who is the subject of the record if the person
has not initiated the expunction proceeding.
' (b) A district attorney who receives notice under this
subsection shall notify the victim of the acts that resulted in
the disposition that is the subject of the application for
expunction and shall mail a copy of the application for
expunction to the victim's last known address.
' (11) Within 30 days of receiving the notice of application
for expunction under subsection (10) of this section, a district
attorney shall give written notice of any objection and the
grounds therefor to the person whose records are to be expunged
and to the juvenile court. If no objection is filed the court may
decide the issue of expunction either without a hearing or after
full hearing pursuant to subsections (12) to (15) of this
section.
' (12) When an expunction is pending pursuant to subsections
(2) to (7) of this section, the court may proceed with or without
a hearing, except that:
' (a) The court may not enter an expunction judgment without a
hearing if a timely objection to expunction has been filed
pursuant to subsection (11) of this section; and
' (b) The court may not deny an expunction without a hearing if
the proceeding is based on an application of the subject.
' (13)(a) Notice of a hearing on a pending expunction shall be
served on the subject and any district attorney filing a timely
objection pursuant to subsection (11) of this section.
' (b) When a district attorney receives notice of a hearing for
expunction of a record concerning a youth or youth offender
proceeding under ORS chapter 419C, if the victim of the acts that
resulted in the disposition that is the subject of the
application for expunction requests, the district attorney shall
mail notice of the hearing to the victim's last-known address.
' (14) The court shall conduct a hearing on a pending
expunction in accord with the provisions of ORS 419B.195,
419B.198, 419B.201, 419B.205, 419B.208, 419B.310, 419B.812 to
419B.839 and 419B.908. Rules of evidence shall be as in a hearing
to establish juvenile court jurisdiction and as defined in ORS
419B.310 (3) and 419C.400 (2). The burden of proof shall be with
the party contesting expunction.
' (15) At the conclusion of a hearing on a pending expunction,
the court shall issue judgment granting or denying expunction.
' (16) The juvenile court or juvenile department shall send a
copy of an expunction judgment to each agency subject to the
judgment. Upon receipt of a copy of the judgment, the agency
shall comply and, within 21 days of the date of receipt, return
the copy to the juvenile court or juvenile department with an
indorsement indicating compliance.
' (17) When all agencies subject to an expunction judgment have
indicated their compliance or in any event no later than six
weeks following the date the judgment was delivered as required
by subsection (16) of this section, the juvenile court shall
provide the person who is the subject of the record with a copy
of the expunction judgment, a list of complying and noncomplying
agencies, and a written notice of rights and effects of
expunction. The juvenile court and juvenile department then shall
expunge forthwith all records which they possess and which are
subject to the judgment, except the original expunction judgment
and the list of complying and noncomplying agencies which must be
preserved under seal.
' (18) In addition to those agencies identified in ORS 419A.260
(1)(d), the juvenile, circuit, municipal and justice courts, and
the district and city attorneys of this state, are bound by an
expunction judgment of any juvenile court of appropriate
jurisdiction in this state issuing an expunction judgment.
' (19) Upon entry of an expunction judgment, the contact that
is the subject of the expunged record shall not be disclosed by
any agency. An agency that is subject to an expunction judgment
shall respond to any inquiry about the contact by indicating that
no record or reference concerning the contact exists.
' (20) A person who is the subject of a record that has been
expunged under this section may assert that the record never
existed and that the contact, which was the subject of the
record, never occurred without incurring a penalty for perjury or
false swearing under the laws of this state.
' (21) Juvenile courts, by court rule or by order related to a
particular matter, may direct that records concerning a subject
person be destroyed. No such records shall be destroyed until at
least three years have elapsed after the date of the subject's
most recent termination. In the event the record has been
expunged, the expunction judgment and list of complying and
noncomplying agencies may not be destroyed, but shall be
preserved under seal. The destruction of records under this
subsection does not constitute expunction.
' (22) An expunction judgment and list of complying and
noncomplying agencies shall be released from confidentiality only
on order of the court originating the expunction judgment, based
on a finding that review of a particular case furthers compliance
with the expunction provisions of this chapter.
' (23) A subject has a right of action against any person who
intentionally violates the confidentiality provisions of this
section. In any such proceeding, punitive damages up to an amount
of $1,000 may be sought in addition to any actual damages. The
prevailing party shall be entitled to costs and reasonable
attorney fees.
' (24) Intentional violation of the confidentiality provisions
of this section by a public employee is cause for dismissal.
' (25) A person who intentionally releases all or part of an
expunged record commits a Class C misdemeanor.
' { + SECTION 25a. + } { + The amendments to ORS 419A.262 by
section 25 of this 2009 Act apply only to applications made under
ORS 419A.262 (1) on or after January 1, 2010. + }
'
{ + BENCH PROBATION FEES AND PROBATION + }
{ +
VIOLATION ASSESSMENTS + }
' { + SECTION 26. + } ORS 137.540 is amended to read:
' 137.540. (1) The court may sentence the defendant to
probation subject to the following general conditions unless
specifically deleted by the court. The probationer shall:
' (a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
' (b) Not use or possess controlled substances except pursuant
to a medical prescription.
' (c) Submit to testing of breath or urine for controlled
substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
' (d) Participate in a substance abuse evaluation as directed
by the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
' (e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
' (f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
' (g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
' (h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
' (i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
' (j) Obey all laws, municipal, county, state and federal.
' (k) Promptly and truthfully answer all reasonable inquiries
by the Department of Corrections or a county community
corrections agency.
' (L) Not possess weapons, firearms or dangerous animals.
' (m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
' (A) Is under supervision for a sex offense under ORS 163.305
to 163.467;
' (B) Was previously convicted of a sex offense under ORS
163.305 to 163.467; or
' (C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
' (n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
' (o) Report as required and abide by the direction of the
supervising officer.
' (p) If required to report as a sex offender under ORS
181.596, report with the Department of State Police, a chief of
police, a county sheriff or the supervising agency:
' (A) When supervision begins;
' (B) Within 10 days of a change in residence;
' (C) Once each year within 10 days of the probationer's date
of birth;
' (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
' (E) Within 10 days of a change in work, vocation or
attendance status at an institution of higher education.
' (2) In addition to the general conditions, the court may
impose any special conditions of probation that are reasonably
related to the crime of conviction or the needs of the
probationer for the protection of the public or reformation of
the probationer, or both, including, but not limited to, that the
probationer shall:
' (a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
' (b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
' (c) For crimes committed on or after December 5, 1996, sell
any assets of the probationer as specifically ordered by the
court in order to pay restitution.
' (3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the person's
supervising parole and probation officer, or in which more than
one other sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county
manager of the Department of Corrections, or a designee of the
director or manager. As soon as practicable, the supervising
parole and probation officer of a person subject to the
requirements of this subsection shall review the person's living
arrangement with the person's sex offender treatment provider to
ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subsection:
' (a) 'Dwelling' has the meaning given that term in ORS
469.160.
' (b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
' (c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
' (d) 'Sex offender' has the meaning given that term in ORS
181.594.
' (4)(a) If the person is released on probation following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the court, if requested by the victim,
shall include as a special condition of the person's probation
that the person not reside within three miles of the victim
unless:
' (A) The victim resides in a county having a population of
less than 130,000 and the person is required to reside in that
county;
' (B) The person demonstrates to the court by a preponderance
of the evidence that no mental intimidation or pressure was
brought to bear during the commission of the crime;
' (C) The person demonstrates to the court by a preponderance
of the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
' (D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
' (b) A victim may request imposition of the special condition
of probation described in this subsection at the time of
sentencing in person or through the prosecuting attorney.
' (c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
' (5) When a person who is a sex offender, as defined in ORS
181.594, is released on probation, the Department of Corrections
or the county community corrections agency, whichever is
appropriate, shall notify the chief of police, if the person is
going to reside within a city, and the county sheriff of the
county in which the person is going to reside of the person's
release and the conditions of the person's release.
' (6) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
' { + (7) The court may order that probation be supervised by
the court. If the court orders that probation be supervised by
the court, the defendant shall pay a fee of $100 to the
court. + } { + Fees collected under this subsection shall be
deposited by the clerk of the court in the State Judicial
Stabilization Fund. + }
' { - (7) - } { + (8) + } The court may at any time modify
the conditions of probation.
' { - (8) - } { + (9) + } A court may not order revocation
of probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
' { - (9) - } { + (10) + } It is not a cause for revocation
of probation that the probationer failed to apply for or accept
employment at any workplace where there is a labor dispute in
progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
' { + (11) If the court determines that a defendant has
violated the terms of probation, the court shall impose a $50
assessment against the defendant. The assessment becomes part of
the judgment and may be collected in the same manner as a
fine. + }
' { - (10) - } { + (12) + } As used in this section,
'attends, ' ' institution of higher education,' 'works' and
'carries on a vocation' have the meanings given those terms in
ORS 181.594.
' { + SECTION 26a. + } { + The amendments to ORS 137.540 by
section 26 of this 2009 Act apply only to orders of probation and
probation violation determinations made on or after January 1,
2010. + }
'
{ + STATE COURT AUTOMATION ASSESSMENT; + }
{ +
STATE COURT TECHNOLOGY ACCOUNT + }
' { + SECTION 27. + } { + (1) The State Court Technology
Account is established, separate and distinct from the General
Fund. Interest earned by the State Court Technology Account shall
be credited to the account. The account shall consist of amounts
deposited in the account under:
' (a) Section 28 of this 2009 Act; and
' (b) ORS 137.295 (5).
' (2) All amounts in the State Court Technology Account are
continuously appropriated to the Judicial Department for the
purpose of paying expenses related to acquisition, development,
support and maintenance of the Judicial Department's technology
systems, equipment and services, including payment of debt
service on certificates of participation issued for technology
projects of the department.
' (3) The department may accept gifts, grants or contributions
from any source, whether public or private, for deposit in the
State Court Technology Account. + }
' { + SECTION 28. + } { + (1) In addition to any other fees
and assessments provided by law, the clerk of the court shall
collect a $10 state court automation assessment at the time any
fee is paid in a civil proceeding under ORS 21.110, 21.111,
21.114 or 21.310 or in an appeal or petition for review under ORS
21.010.
' (2) Fees collected under this section shall be deposited by
the clerk of the court in the State Court Technology Account. + }
' { + SECTION 28a. + } { + Section 28 of this 2009 Act
applies only to filings made on or after January 1, 2010, in
civil proceedings and appeals described in section 28 of this
2009 Act. + }
' { + SECTION 29. + } { + In all cases of conviction for the
commission of a crime or violation, excluding parking violations,
a circuit court shall impose upon the defendant a state court
automation assessment in addition to any other monetary
obligation imposed. Except when a defendant successfully asserts
the defense set forth in ORS 419C.522, the assessment shall also
be imposed by the circuit court in juvenile cases under ORS
chapter 419C. The assessment is a penal obligation in the nature
of a fine. + }
' { + SECTION 29a. + } { + Section 29 of this 2009 Act
applies only to judgments of conviction entered on or after
January 1, 2010. + } { + + }
' { + SECTION 30. + } 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 - } { + five + } 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 the state court automation
assessment imposed under section 29 of this 2009 Act. + }
' { - (d) - } { + (e) + } Category { - 4 - } { + 5 + }
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 { + or category
4 + } 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 - } { + 5 + } obligations.
' (3) As 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 as 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. { + The clerk of a circuit court shall
monthly transfer the moneys credited under category 4 as directed
by the State Court Administrator for deposit in the State
Treasury to the credit of the State Court Technology Account
established under section 27 of this 2009 Act. + }
' (6) When the entire amount owing { - for purposes of
either - } { + under + } category 2 { + , + } { - or - }
category 3 { + or category 4 + } 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 { + and category 4 + } have been entirely paid.
' (7) When category 1, category 2 { + , + } { - and - }
category 3 { + and category 4 + } have been entirely paid and
any obligation remains owing under category { - 4 - } { +
5 + }, the clerk shall credit further payments by the defendant
to the obligations under category { - 4 - } { + 5 + } 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 31. + } ORS 131.897 is amended to read:
' 131.897. (1) In addition to any other sentence it may impose
as a result of a criminal conviction, the court may order that a
defendant reimburse to a person, organization, association or
public body or officer, any sum or portion thereof offered and
paid by the person, organization, association or public body or
officer under ORS 131.885 to 131.895, as a reward for information
leading to the apprehension of the defendant. Reimbursement under
this section shall be ordered paid into the court, for further
transfer by the clerk to the person, organization, association or
public body or officer entitled to it. The monetary obligation
described in this section is a category { - 4 - } { + 5 + }
obligation under ORS 137.295.
' (2) In determining whether to order reimbursement under this
section, the court shall take into account:
' (a) The financial resources of the defendant and the burden
that reimbursement will impose, with due regard to the other
obligations of the defendant; and
' (b) The ability of the defendant to make reimbursement on an
installment basis or on other conditions to be fixed by the
court.
' { + SECTION 32. + } { + The unit captions used in this
2009 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2009 Act. + } ' .
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