75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1074
 
                         House Bill 2502
 
Sponsored by Representative OLSON, Senator PROZANSKI;
  Representatives BARKER, BARTON, BERGER, BOONE, BRUUN, BUCKLEY,
  CLEM, ESQUIVEL, FREEMAN, GARRARD, HUFFMAN, JENSON, KOMP,
  MATTHEWS, SCHAUFLER, SPRENGER, WHISNANT, WINGARD, Senators
  ATKINSON, BOQUIST, DEVLIN, FERRIOLI, GEORGE, METSGER, WALKER,
  WINTERS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Expands authority of court to reduce fines for violations.
  Provides that search warrant that authorizes seizure of items
from corporation or limited partnership may be executed in manner
provided by Oregon Rules of Civil Procedure for service of
summons.
 
                        A BILL FOR AN ACT
Relating to criminal procedure; creating new provisions; and
  amending ORS 133.575 and 153.093.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 153.093 is amended to read:
  153.093. (1) Notwithstanding any other provision of law { +
and except as otherwise provided in this section + }, a court or
violations bureau may not defer, waive, suspend or otherwise
reduce the fine for a violation to an amount that is less than:
  (a)   { - 75 - }  { +  50 + } percent of the base fine amount
established for the offense under ORS 153.125 to 153.145, if the
offense is a Class A, B, C or D violation, or an unclassified
violation, under ORS 153.012 and 153.015; or
  (b) 20 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a
specific fine violation as described by ORS 153.015.
   { +  (2) A court or violations bureau may impose a fine lower
than the amount required by subsection (1) of this section if the
court has:
  (a) Authorized imposition of a lower fine for a vehicle
equipment violation in a proceeding in which the defendant
establishes that the vehicle equipment has been installed or
repaired to comply with the law that was violated; or
  (b) Established procedures for the imposition of a lower fine
based on a determination that the defendant has not been
convicted of an offense within the three-year period immediately
preceding the date on which the citation was issued.
  (3) In addition to the grounds specified in subsection (2) of
this section, a court may impose a fine lower than the amount
 
required by subsection (1) of this section if the court
determines:
  (a) That the defendant is indigent; or
  (b) In a specific case, that the amount of the fine required by
subsection (1) of this section would be inconsistent with
justice. + }
    { - (2) - }   { + (4) + } Nothing in this section:
  (a) Affects the manner in which a court imposes or reduces
monetary obligations other than fines.
  (b) Allows a court to reduce any fine amount below a minimum
fine amount established by statute for the offense.
  (c) Affects the ability of a court to establish a payment
schedule for fines imposed by the court.
    { - (3) - }   { + (5) + } For the purpose of determining
whether a fine meets the requirements of subsection (1) of this
section, the unitary assessment amount under ORS 137.290 and the
county assessment amount under ORS 137.309 shall be included in
calculating the amount required under subsection (1) of this
section.
    { - (4) - }  { +  (6) + } The Department of Revenue or
Secretary of State may audit any court to determine whether the
court is complying with the requirements of this section. In
addition, the Department of Revenue or Secretary of State may
audit any court to determine whether the court is complying with
the requirements of ORS 137.290 (4) and 153.630 (4). The
Department of Revenue or Secretary of State may file an action
under ORS 34.105 to 34.240 to enforce the requirements of this
section and ORS 137.290 (4) and 153.630 (4).
  SECTION 2. ORS 133.575 is amended to read:
  133.575. (1)  { + Except as provided in subsection (4) of this
section,  + }a search warrant may be executed only within the
period and at the times authorized by the warrant and only by a
police officer. A police officer charged with its execution may
be accompanied by such other persons as may be reasonably
necessary for the successful execution of the warrant with all
practicable safety.
  (2) The executing officer shall, before entering the premises,
give appropriate notice of the identity, authority and purpose of
the officer to the person to be searched, or to the person in
apparent control of the premises to be searched, as the case may
be.
  (3) Except as provided in ORS 133.619, before undertaking any
search or seizure pursuant to the warrant, the executing officer
shall read and give a copy of the warrant to the person to be
searched, or to the person in apparent control of the premises to
be searched. If the premises are unoccupied or there is no one in
apparent control, the officer shall leave a copy of the warrant
suitably affixed to the premises.
   { +  (4) A search warrant that authorizes the seizure of
papers, documents, records and other things from a corporation or
limited partnership may be executed in the manner provided by
ORCP 7 D(3)(b) for the service of summons. + }
  SECTION 3.  { + (1) The amendments to ORS 153.093 by section 1
of this 2009 Act apply to violations committed before, on or
after the effective date of this 2009 Act.
  (2) The amendments to ORS 133.575 by section 2 of this 2009 Act
apply to warrants executed on or after the effective date of this
2009 Act. + }
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