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 2898
Senate Bill 737
Sponsored by COMMITTEE ON JUDICIARY
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.
Creates $10 fine payable by persons convicted of certain
property crimes or crimes involving fraud or deception. Provides
that moneys from fines be deposited in Treatment Program Fund.
Creates Treatment Program Fund. Continuously appropriates
moneys in fund to Department of Corrections to fund treatment
services for drug-addicted persons.
A BILL FOR AN ACT
Relating to criminal fines; creating new provisions; amending ORS
137.290, 137.295 and 305.830; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Treatment Program Fund is established
in the State Treasury, separate and distinct from the General
Fund. The Treatment Program Fund consists of moneys deposited in
the fund under ORS 137.295 (5). Interest earned by the fund shall
be credited to the fund.
(2) Moneys deposited in the Treatment Program Fund are
continuously appropriated to the Department of Corrections for
the purposes described in section 8 (1)(a) and (b)(B), chapter
14, Oregon Laws 2008. + }
SECTION 2. ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section.
Except when the person successfully asserts the defense set forth
in ORS 419C.522, the unitary assessment shall also be imposed by
the circuit court and county court in juvenile cases under ORS
419C.005 (1). The unitary assessment is a penal obligation in the
nature of a fine and shall be in an amount as follows:
(a) $107 in the case of a felony.
(b) $67 in the case of a misdemeanor.
(c) $97 in the case of a conviction for driving under the
influence of intoxicants.
(d) $37 in the case of a violation as described in ORS 153.008.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $42 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for
violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
(B) ORS 811.111 (1)(b) by driving at least 65 miles per hour;
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163;
(c) $500 if the crime of conviction is a violation of ORS
475.890 or 475.892; { - and - }
(d) $1,000 if the crime of conviction is a violation of ORS
475.886 or 475.888 { + ; and
(e) $10 if the crime of conviction is a violation of ORS
819.300 or 819.310 or a crime found in ORS chapter 164 or
165 + }.
(3) Subject to subsection (4) of this section, the court in any
case may waive payment of the unitary assessment, in whole or in
part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case.
In making its determination under this subsection, the court
shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
(4) If a defendant is convicted of an offense, the court:
(a) May waive all or part of the unitary assessment required
under subsections (1) and (2)(a) of this section only if the
court imposes no fine on the defendant.
(b) May not waive the portion of the unitary assessment
required under subsection (2)(c) { + , + } { - or - } (d) { +
or (e) + } of this section, except in juvenile cases under ORS
419C.005 (1).
SECTION 3. ORS 137.295 is amended to read:
137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
diversion, the clerk shall distribute the payment as provided in
this section.
(2) There are four categories of monetary obligations. The
categories are as follows:
(a) Category 1 consists of compensatory fines under ORS
137.101.
(b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
(c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
(d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897. Notwithstanding paragraph (c) of this subsection,
the portion of assessments collected as required by ORS 137.290
(2)(c) and (d) shall be considered category 4 obligations.
(3) 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) { + (a) + } 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.
{ + (b) + } 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 { +
first to the credit of the Treatment Program Fund established
under section 1 of this 2009 Act for the fines described in ORS
137.290 (2)(e) until those fines are fully paid and then + } to
the credit of the Criminal Fine and Assessment Account
established under ORS 137.300.
{ + (c) + } The clerk of a justice or municipal court shall
monthly transfer the moneys credited under category 3 to the
Department of Revenue as provided in ORS 305.830.
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, further payments by
the defendant shall be credited by the clerk entirely to the
unpaid balance of whichever of those categories remains unpaid,
until both category 2 and category 3 have been entirely paid.
(7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the
moneys so received to the appropriate recipient, giving first
priority to counties and cities entitled to revenues generated by
prosecutions in justice and municipal courts and giving last
priority to persons entitled to moneys as reimbursement for
reward under ORS 131.897. The clerk shall monthly transfer the
portion of assessments collected as required by ORS 137.290
(2)(c) and (d) to the county for administration of substance
abuse treatment programs described in ORS 430.420.
(8) Notwithstanding subsection (5) of this section, the clerk
of a circuit court shall monthly transfer the moneys attributable
to parking violations to the State Treasurer for deposit in the
General Fund.
(9) The clerk of a justice or municipal court must make the
transfers required by this section not later than the last day of
the month immediately following the month in which a payment is
made.
SECTION 4. ORS 305.830 is amended to read:
305.830. (1) Amounts transferred to the Department of Revenue
by justice and municipal courts under ORS 137.295 shall be
deposited in a suspense account established under ORS 293.445 for
the purpose of receiving criminal fines and assessments.
(2) In carrying out its duties under this section, the
Department of Revenue shall have access to the records and
dockets of those courts charged with the duty to transfer moneys
to the department under ORS 137.295.
(3) The Department of Revenue may retain from the funds
transferred under ORS 137.295 an amount not to exceed two percent
annually for its actual costs of collection and disbursement of
funds under this section, including the cost of all examinations,
investigations and searches, and of all traveling and other
expenses in connection therewith. The department shall deposit
the net amount of moneys in the suspense account described in
subsection (1) of this section { + first into the Treatment
Program Fund established under section 1 of this 2009 Act for the
fines described in ORS 137.290 (2)(e) until those fines are fully
paid and then + } into the Criminal Fine and Assessment Account
for distribution as provided in ORS 137.300.
(4) All judicial, municipal and county officers shall cooperate
with the Department of Revenue with respect to the collections,
searches and investigations and shall furnish the Department of
Revenue with any information contained in any of the records
under their respective custodies relating thereto.
(5) The Department of State Police shall cooperate in the
investigation of fines, penalties and forfeitures.
SECTION 5. { + ORS 164.138, 164.160, 164.162, 164.164,
164.170, 164.172, 164.174, 164.272, 164.274, 164.276, 164.278,
164.367, 164.381, 164.383, 164.386, 164.388, 164.814, 164.828,
164.864, 164.866, 164.867, 164.868, 164.869, 164.872, 164.873,
164.882, 164.885, 164.887 and 164.889 are added to and made a
part of ORS chapter 164. + }
SECTION 6. { + Section 1 of this 2009 Act and the amendments
to ORS 137.290, 137.295 and 305.830 by sections 2, 3 and 4 of
this 2009 Act apply to offenses committed on or after the
effective date of this 2009 Act. + }
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