76th OREGON LEGISLATIVE ASSEMBLY--2011 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 364-1
House Bill 2712
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Joint Interim Committee on State Justice System Revenues)
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.
Revises laws relating to offenses.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to offenses; creating new provisions; amending ORS
1.178, 1.182, 25.715, 25.990, 33.075, 41.905, 45.900, 51.037,
83.990, 86.990, 92.990, 97.990, 97.992, 100.990, 105.590,
106.990, 131.897, 133.865, 135.265, 135.280, 135.905, 135.921,
137.017, 137.293, 137.300, 137.533, 137.540, 147.227, 151.225,
151.487, 151.505, 153.018, 153.025, 153.051, 153.061, 153.090,
153.099, 153.108, 153.624, 161.566, 161.568, 161.570, 161.665,
161.715, 163.575, 165.107, 165.990, 166.180, 166.300, 166.320,
166.330, 166.715, 167.337, 167.339, 167.808, 192.990, 198.600,
208.990, 221.315, 221.355, 221.357, 221.916, 240.990, 241.990,
267.990, 268.990, 279A.990, 291.990, 293.990, 305.830, 305.990,
307.990, 308.990, 311.990, 319.990, 320.990, 321.991, 339.925,
341.300, 346.991, 352.360, 368.990, 376.990, 390.050, 390.995,
398.224, 399.990, 409.304, 411.990, 414.815, 418.215, 419C.446,
419C.459, 419C.470, 421.990, 431.210, 432.900, 433.855,
433.990, 435.990, 441.990, 448.305, 448.990, 448.992, 448.994,
450.990, 460.370, 460.990, 462.405, 462.990, 466.913, 466.995,
468.140, 468.936, 468.943, 468A.580, 469.990, 471.410, 471.559,
471.990, 473.990, 473.992, 475.495, 475.565, 475.860, 475.864,
475.886, 475.888, 475.890, 475.892, 476.990, 477.985, 479.520,
496.992, 497.415, 498.153, 498.154, 498.155, 498.222, 498.993,
506.306, 520.991, 522.990, 527.990, 532.990, 537.990, 540.990,
541.990, 543.990, 547.990, 549.990, 561.150, 561.990, 565.630,
565.990, 569.390, 571.365, 576.053, 576.595, 576.991, 577.990,
578.990, 585.190, 585.990, 586.990, 596.990, 600.990, 602.990,
607.365, 608.990, 609.060, 609.990, 609.994, 610.990, 618.991,
621.991, 628.990, 632.990, 634.992, 635.991, 646.990, 646A.508,
646A.765, 649.990, 651.990, 652.400, 652.445, 652.990, 654.991,
656.605, 656.990, 657.515, 657.822, 657.990, 658.991, 659.990,
659A.990, 661.990, 671.992, 675.330, 675.337, 676.990, 679.260,
679.991, 683.290, 686.990, 688.160, 688.715, 688.990, 689.135,
689.995, 691.565, 695.990, 705.165, 705.642, 707.145, 717.235,
717.315, 723.014, 723.106, 725.145, 726.075, 726.990, 731.292,
731.992, 756.360, 756.990, 757.990, 759.990, 776.991, 777.990,
778.085, 778.990, 783.610, 783.990, 801.557, 802.110, 802.155,
809.220, 810.530, 811.109, 811.172, 811.182, 811.230, 811.235,
811.483, 811.590, 811.615, 811.617, 811.625, 811.627, 811.630,
813.030, 813.095, 813.240, 813.270, 814.485, 814.486, 814.534,
814.536, 814.600, 818.430, 823.991, 824.014, 824.992, 825.990
and 837.100 and section 2, chapter 659, Oregon Laws 2009;
repealing ORS 30.450, 30.830, 137.290, 137.295, 137.301,
137.308, 137.309, 153.093, 153.125, 153.128, 153.131, 153.134,
153.138, 153.142, 153.145, 153.630, 153.635, 153.800, 165.475,
165.480, 165.485, 165.490, 165.495, 165.505, 165.510, 165.515,
165.520, 221.923, 266.470, 376.385, 448.320, 471.670, 496.715,
496.951, 506.630, 530.900, 570.055, 570.365, 632.620, 678.168,
801.145 and 830.145; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
PRESUMPTIVE FINES FOR VIOLATIONS + }
SECTION 1. { + Sections 2 to 4 of this 2011 Act are added to
and made a part of ORS chapter 153. + }
SECTION 2. { + Presumptive fines; generally. (1) Except as
provided in section 3 of this 2011 Act, the presumptive fines for
violations are:
(a) $430 for a Class A violation.
(b) $260 for a Class B violation.
(c) $180 for a Class C violation.
(d) $135 for a Class D violation.
(2) The presumptive fine for a specific fine violation is:
(a) The amount specified by statute as the presumptive fine for
the violation; or
(b) An amount equal to the greater of 20 percent of the maximum
fine prescribed for the violation, or the minimum fine prescribed
by statute for the violation. + }
SECTION 3. { + Presumptive fines; highway work zones, school
zones and safety corridors. (1) If an individual is charged with
a traffic offense and the enforcement officer issuing the
citation notes on the citation that the offense occurred in a
highway work zone and is subject to the provisions of ORS
811.230, occurred in a posted school zone and is subject to the
provisions of ORS 811.235, or occurred in a safety corridor and
is subject to the provisions of ORS 811.483, the presumptive fine
for the violation is:
(a) $860 for a Class A violation.
(b) $520 for a Class B violation.
(c) $360 for a Class C violation.
(d) $270 for a Class D violation.
(2) The presumptive fine for a specific fine violation that is
subject to this section is an amount equal to 40 percent of the
maximum fine prescribed for the violation. + }
SECTION 4. { + Presumptive fine is minimum fine for
violations. (1) Except as otherwise provided by law, a court may
not defer, waive, suspend or otherwise reduce the fine for a
violation that is subject to the presumptive fines established by
sections 2 and 3 of this 2011 Act to an amount that is less than
the presumptive fine.
(2) This section does not affect the manner in which a court
imposes or reduces monetary obligations other than fines.
(3) 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 sections
33 to 38 and 47 to 50 of this 2011 Act. 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 of
sections 33 to 38 and 47 to 50 of this 2011 Act. + }
SECTION 5. { + ORS 153.093, 153.125, 153.128, 153.131,
153.134, 153.138, 153.142 and 153.145 are repealed. + }
SECTION 6. { + Sections 2 to 4 of this 2011 Act and the repeal
of ORS 153.093, 153.125, 153.128, 153.131, 153.134, 153.138,
153.142 and 153.145 by section 5 of this 2011 Act apply only to
offenses committed on or after the effective date of this 2011
Act. Any offense committed before the effective date of this 2011
Act shall continue to be governed by ORS 153.093, 153.125,
153.128, 153.131, 153.134, 153.138, 153.142 and 153.145 as in
effect immediately before the effective date of this 2011
Act. + }
{ +
MAXIMUM FINES FOR VIOLATIONS + }
SECTION 7. ORS 153.018 is amended to read:
153.018. (1) The penalty for committing a violation is a fine.
The law creating a violation may impose other penalties in
addition to a fine but may not impose a term of imprisonment.
(2) { - Except as provided in this section, a sentence to pay
a fine for a violation shall be a sentence to pay an amount not
exceeding - } { + The maximum fine for a violation committed by
an individual is + }:
(a) { - $720 - } { + $2,000 + } for a Class A violation.
(b) { - $360 - } { + $1,000 + } for a Class B violation.
(c) { - $180 - } { + $500 + } for a Class C violation.
(d) { - $90 - } { + $250 + } for a Class D violation.
(e) { + $2,000 for a specific fine violation, or + } the
amount otherwise established by law for { - any - } { +
the + } specific fine violation.
(3) { - If no special corporate fine is specified in the law
creating the violation, a sentence to pay a fine for a violation
committed by a corporation shall be in an amount not to exceed
twice the fine established under this section for a violation by
an individual. - } If a special corporate fine is specified in
the law creating the violation, the sentence to pay a fine shall
be governed by the law creating the violation. { + If a special
corporate fine is not specified in the law creating the
violation, the maximum fine for a violation committed by a
corporation is:
(a) $4,000 for a Class A violation.
(b) $2,000 for a Class B violation.
(c) $1,000 for a Class C violation.
(d) $500 for a Class D violation. + }
{ - (4) If a person or corporation has gained money or
property through the commission of a violation, instead of
sentencing the defendant to pay the fine provided for in
subsection (2) or (3) of this section, the court may sentence the
defendant to pay an amount fixed by the court, not exceeding
double the amount of the defendant's gain from the commission of
the violation. For the purposes of this subsection, the
defendant's gain is the amount of money or the value of property,
as determined under ORS 164.115, derived from the commission of
the violation, less the amount of money or the value of property,
as determined under ORS 164.115, returned to the victim of the
violation or seized by or surrendered to lawful authority before
the time sentence is imposed. - }
SECTION 8. { + The amendments to ORS 153.018 by section 7 of
this 2011 Act apply only to offenses committed on or after the
effective date of this 2011 Act. Any offense committed before the
effective date of this 2011 Act shall continue to be governed by
ORS 153.018 as in effect immediately before the effective date of
this 2011 Act. + }
{ +
MINIMUM FINES FOR CRIMES + }
SECTION 9. { + Section 10 of this 2011 Act is added to and
made a part of ORS chapter 137. + }
SECTION 10. { + Minimum fines for misdemeanors and felonies.
(1) Unless a specific minimum fine is provided by law, the
minimum fine for a misdemeanor is $100.
(2) Unless a specific minimum fine is provided by law, the
minimum fine for a felony is $200.
(3) A court may waive payment of the minimum fine established
by this section, in whole or in part, if the court finds that
requiring payment of the minimum fine would be 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 minimum fine will impose, with due regard to
the other obligations of the defendant; and
(b) The extent to which that 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) This section does not affect the manner in which a court
imposes or reduces monetary obligations other than fines. + }
SECTION 11. ORS 475.886 is amended to read:
475.886. (1) Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for any person to manufacture
methamphetamine.
(2) Unlawful manufacture of methamphetamine is a Class B
felony.
{ + (3) The minimum fine for unlawful manufacture of
methamphetamine is $1,000. + }
SECTION 12. ORS 475.888 is amended to read:
475.888. (1) Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for any person to manufacture
methamphetamine within 1,000 feet of the real property comprising
a public or private elementary, secondary or career school
attended primarily by minors.
(2) Unlawful manufacture of methamphetamine within 1,000 feet
of a school is a Class A felony.
{ + (3) The minimum fine for unlawful manufacture of
methamphetamine within 1,000 feet of a school is $1,000. + }
SECTION 13. ORS 475.890 is amended to read:
475.890. (1) Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for any person to deliver
methamphetamine.
(2) Unlawful delivery of methamphetamine is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful
delivery of methamphetamine is a Class A felony if the delivery
is to a person under 18 years of age.
{ + (4) The minimum fine for unlawful delivery of
methamphetamine is $500. + }
SECTION 14. ORS 475.892 is amended to read:
475.892. (1) Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for any person to deliver
methamphetamine within 1,000 feet of the real property comprising
a public or private elementary, secondary or career school
attended primarily by minors.
(2) Unlawful delivery of methamphetamine within 1,000 feet of a
school is a Class A felony.
{ + (3) The minimum fine for unlawful delivery of
methamphetamine within 1,000 feet of a school is $500. + }
SECTION 15. { + Section 10 of this 2011 Act and the amendments
to ORS 475.886, 475.888, 475.890 and 475.892 by sections 11 to 14
of this 2011 Act apply only to offenses committed on or after the
effective date of this 2011 Act. + }
{ +
FINES FOR CRIMES TREATED AS CLASS A VIOLATIONS + }
{ +
AND FELONIES TREATED AS CLASS A MISDEMEANORS + }
SECTION 16. ORS 161.566 is amended to read:
161.566. (1) Except as provided in subsection (4) of this
section, a prosecuting attorney may elect to treat any
misdemeanor as a Class A violation. The election must be made by
the prosecuting attorney orally at the time of the first
appearance of the defendant or in writing filed on or before the
time scheduled for the first appearance of the defendant. If no
election is made within the time allowed, the case shall proceed
as a misdemeanor.
(2) If a prosecuting attorney elects to treat a misdemeanor as
a Class A violation under this section, the court shall amend the
accusatory instrument to reflect the charged offense as a Class A
violation and clearly denominate the offense as a Class A
violation in any judgment entered in the matter. Notwithstanding
ORS 153.018, the { - maximum - } fine that a court may impose
upon conviction of a violation under this section may not { + :
(a) Be less than the presumptive fine established by section 2
of this 2011 Act for a Class A violation; or
(b) + } Exceed the amount provided in ORS 161.635 for the class
of misdemeanor receiving violation treatment.
(3) If a prosecuting attorney elects to treat a misdemeanor as
a Class A violation under this section, and the defendant fails
to make any required appearance in the matter, the court may
enter a default judgment against the defendant in the manner
provided by ORS 153.102. Notwithstanding ORS 153.018, the
{ - maximum - } fine that the court may impose under a default
judgment entered pursuant to ORS 153.102 { - is - } { + may
not:
(a) Be less than the presumptive fine established by section 2
of this 2011 Act for a Class A violation; or
(b) Exceed + } the maximum fine for the class of misdemeanor
receiving violation treatment.
(4) A prosecuting attorney may not elect to treat misdemeanors
created under ORS 811.540 or 813.010 as violations under the
provisions of this section.
(5) The election provided for in this section may be made by a
city attorney acting as prosecuting attorney in the case of
municipal ordinance offenses, a county counsel acting as
prosecuting attorney under a county charter in the case of county
ordinance offenses, and the Attorney General acting as
prosecuting attorney in those criminal actions or proceedings
within the jurisdiction of the Attorney General.
{ - (6) Notwithstanding ORS 137.290 (1)(d), the unitary
assessment imposed upon conviction of a violation under this
section is the amount provided in ORS 137.290 for the misdemeanor
receiving violation treatment. - }
SECTION 17. ORS 161.568 is amended to read:
161.568. (1) Except as provided in subsection (4) of this
section, a court may elect to treat any misdemeanor as a Class A
violation for the purpose of entering a default judgment under
ORS 153.102 if:
(a) A complaint or information has been filed with the court
for the misdemeanor;
(b) The defendant has failed to make an appearance in the
proceedings required by the court or by law; and
(c) The court has given notice to the district attorney for the
county and the district attorney has informed the court that the
district attorney does not object to treating the misdemeanor as
a Class A violation.
(2) If the court treats a misdemeanor as a Class A violation
under this section, the court shall amend the accusatory
instrument to reflect the charged offense as a Class A violation
and clearly denominate the offense as a Class A violation in the
judgment entered in the matter.
(3) Notwithstanding ORS 153.018, if the court treats a
misdemeanor as a Class A violation under this section, the
{ - maximum - } fine that the court may impose under a default
judgment entered pursuant to ORS 153.102 { - is - } { + may
not:
(a) Be less than the presumptive fine established by section 2
of this 2011 Act for a Class A violation; or
(b) Exceed + }the maximum fine for the class of misdemeanor
receiving violation treatment.
(4) A court may not treat misdemeanors created under ORS
811.540 or 813.010 as violations under the provisions of this
section.
{ - (5) Notwithstanding ORS 137.290 (1)(d), the unitary
assessment imposed upon conviction of a violation under this
section is the amount provided in ORS 137.290 for the misdemeanor
receiving violation treatment. - }
SECTION 18. ORS 161.570 is amended to read:
161.570. (1) As used in this section, 'nonperson felony ' has
the meaning given that term in the rules of the Oregon Criminal
Justice Commission.
(2) A district attorney may elect to treat a Class C nonperson
felony or a violation of ORS 475.840 (3)(a), 475.854, 475.864 (2)
or 475.874 as a Class A misdemeanor. The election must be made by
the district attorney orally or in writing at the time of the
first appearance of the defendant. If a district attorney elects
to treat a Class C felony or a violation of ORS 475.840 (3)(a),
475.854, 475.864 (2) or 475.874 as a Class A misdemeanor under
this subsection, the court shall amend the accusatory instrument
to reflect the charged offense as a Class A misdemeanor.
(3) If, at some time after the first appearance of a defendant
charged with a Class C nonperson felony or a violation of ORS
475.840 (3)(a), 475.854, 475.864 (2) or 475.874, the district
attorney and the defendant agree to treat the charged offense as
a Class A misdemeanor, the court may allow the offense to be
treated as a Class A misdemeanor by stipulation of the parties.
(4) If a Class C felony or a violation of ORS 475.840 (3)(a),
475.854, 475.864 (2) or 475.874 is treated as a Class A
misdemeanor under this section, the court shall clearly
denominate the offense as a Class A misdemeanor in any judgment
entered in the matter.
(5) If no election or stipulation is made under this section,
the case proceeds as a felony.
(6) Before a district attorney may make an election under
subsection (2) of this section, the district attorney shall adopt
written guidelines for determining when and under what
circumstances the election may be made. The district attorney
shall apply the guidelines uniformly.
(7) Notwithstanding ORS 161.635, the { - maximum - } fine
that a court may impose upon conviction of a misdemeanor under
this section may not { + :
(a) Be less than the minimum fine established by section 10 of
this 2011 Act for a felony; or
(b) + }Exceed the amount provided in ORS 161.625 for the class
of felony receiving Class A misdemeanor treatment.
SECTION 19. { + The amendments to ORS 161.566, 161.568 and
161.570 by sections 16 to 18 of this 2011 Act apply only to
offenses committed on or after the effective date of this 2011
Act. Any offense committed before the effective date of this 2011
Act shall continue to be governed by ORS 161.566, 161.568 and
161.570, as in effect immediately before the effective date of
this 2011 Act. + }
{ +
SENTENCE OF DISCHARGE + }
SECTION 20. ORS 161.715 is amended to read:
161.715. (1) Any court empowered to suspend imposition or
execution of sentence or to sentence a defendant to probation may
discharge the defendant if:
(a) The conviction is for an offense other than murder, treason
or a Class A or B felony; and
(b) The court is of the opinion that no proper purpose would be
served by imposing any condition upon the defendant's release.
(2) If a sentence of discharge is imposed for a felony, the
court shall set forth in the record the reasons for its action.
(3) If the court imposes a sentence of discharge, the defendant
shall be released with respect to the conviction for which the
sentence is imposed without imprisonment, { - fine, - }
probationary supervision or conditions. { + The judgment entered
by the court shall include a monetary obligation payable to the
state in an amount equal to the minimum fine for the offense
established by section 10 of this 2011 Act. + }
(4) If a defendant pleads not guilty and is tried and found
guilty, a sentence of discharge is a judgment on a conviction for
all purposes, including an appeal by the defendant.
(5) If a defendant pleads guilty, a sentence of discharge is
not appealable, but for all other purposes is a judgment on a
conviction.
{ +
FINES IN JUVENILE PROCEEDINGS + }
SECTION 21. ORS 419C.459 is amended to read:
419C.459. { - In circumstances under which, if the youth
offender were an adult, a fine not exceeding a certain amount
could be imposed under the Oregon Criminal Code, the court may
impose such a fine upon the youth offender. In determining
whether to impose a fine and, if so, then in what amount, the
court shall consider whether the youth offender will be able to
pay a fine and whether payment of a fine is likely to have a
rehabilitative effect on the youth offender. Fines ordered paid
under this section shall be collected by the clerk of the
court. - } { + If a youth is found to be within the
jurisdiction of the court under ORS 419C.005 for an act that
would constitute an offense if committed by an adult, the youth
offender is subject to the same fines, including the minimum
fines established under sections 4 and 10 of this 2011 Act, that
are applicable to adults who commit the offense. In determining
the amount of the fine, the court shall consider the potential
rehabilitative effect of a fine. + }
SECTION 22. { + The amendments to ORS 419C.459 by section 21
of this 2011 Act apply only to acts committed on or after the
effective date of this 2011 Act. Any act committed before the
effective date of this 2011 Act shall continue to be governed by
ORS 419C.459 as in effect immediately before the effective date
of this 2011 Act. + }
{ +
CITATIONS + }
SECTION 23. ORS 153.051 is amended to read:
153.051. A summons in a violation citation is sufficient if it
contains the following:
(1) The name of the court, the name of the person cited, the
date on which the citation was issued, the name of the
enforcement officer issuing the citation, and the time and place
at which the person cited is to appear in court.
(2) A statement or designation of the violation that can be
readily understood by a person making a reasonable effort to do
so and the date, time and place at which the violation is alleged
to have been committed.
(3) A notice to the person cited that a complaint will be filed
with the court based on the violation.
(4) The amount of the { - base - } { + presumptive + }
fine, if any, fixed for the violation.
(5) A statement notifying the person that a monetary judgment
may be entered against the person for up to the maximum amount of
fines, { - assessments, - } restitution and other costs
allowed by law for the violation if the person fails to make all
required appearances at the proceedings.
{ + (6) A statement notifying the person that, if the person
pleads no contest and delivers to the court the amount of the
presumptive fine indicated on the citation, and the court accepts
the plea, the amount of the fine imposed against the defendant
may not exceed the amount of the presumptive fine indicated on
the citation.
(7) A statement notifying the person that, if the person pleads
not guilty and requests a trial, the court cannot impose a fine
that is less than the presumptive fine indicated on the citation
unless the person is found not guilty, in which case no fine will
be imposed. + }
SECTION 24. { + The amendments to ORS 153.051 by section 23 of
this 2011 Act apply only to citations issued on or after the
effective date of this 2011 Act. Any citation issued before the
effective date of this 2011 Act shall continue to be governed by
ORS 153.051 as in effect immediately before the effective date of
this 2011 Act. + }
SECTION 25. ORS 153.061 is amended to read:
153.061. (1) Except as provided in { - subsection (2) - }
{ + subsections (2) and (3) + } of this section, a defendant
who has been issued a violation citation must either:
(a) Make a first appearance by personally appearing in court at
the time indicated in the summons; or
(b) Make a first appearance in the manner provided in
subsection { - (3) - } { + (4) + } of this section before the
time indicated in the summons.
(2) If a defendant { - has been - } { + is + } issued a
violation citation for careless driving under ORS 811.135 on
which a police officer noted that { + the offense contributed to
an accident or that + } a vulnerable user of a public way
suffered serious physical injury or death { + by reason of the
offense + }, { + the officer may not enter the amount of the
presumptive fine on the summons and + }the defendant must make a
first appearance by personally appearing in court at the time
indicated in the summons.
{ + (3) If a corporation is issued a violation citation, the
police officer may not enter the amount of the presumptive fine
on the summons and the defendant must make a first appearance by
appearing in court at the time indicated in the summons. + }
{ - (3) - } { + (4) Except as provided in this section,
+ }a defendant who has been issued a violation citation may make
a first appearance in the matter before the time indicated in the
summons by one of the following means:
(a) The defendant may submit to the court a written or oral
request for a trial.
(b) The defendant may enter a plea of no contest by delivering
to the court the summons { - , - } { + and + } a check or
money order in the amount of the { - base - } { +
presumptive + } fine set forth in the summons { - , and a
statement of matters in explanation or mitigation of the
violation charged - } . The { - delivery of a statement of
matters in explanation or mitigation - } { + entry of a
plea + } under the provisions of this paragraph constitutes a
waiver of trial and consent to the entry of a judgment forfeiting
the { - base - } { + presumptive + } fine { - based on the
statement and any other testimony or written statements that may
be presented to the court by the citing officer or other
witnesses - } . { + A no contest plea under this section is not
subject to the requirements of ORS chapter 135 relating to the
entry of pleas and, upon receipt of the plea, the court shall
enter judgment against the defendant without taking further
evidence. + }
{ - (c) The defendant may execute the appearance, waiver of
trial and plea of guilty that appears on the summons and deliver
the summons and a check or money order in the amount of the base
fine set forth in the summons to the court. The defendant may
attach a statement of matters in explanation or mitigation of the
violation. - }
{ - (4) - } { + (5) + } The court may require that a
defendant requesting a trial under subsection { - (3)(a) - }
{ + (4) + } of this section deposit { + an amount equal to + }
the { - base - } { + presumptive + } fine { - specified
under ORS 153.125 to 153.145 - } { + established under sections
2 and 3 of this 2011 Act + } or such other amount as the court
determines appropriate if the defendant has failed to appear in
any court on one or more other charges in the past. If the
defendant does not deposit the amount specified by the court, the
defendant must personally appear in court at the time indicated
in the summons. The amount deposited by the defendant may be
applied against any fine imposed by the court, and any amount not
so applied shall be refunded to the defendant at the conclusion
of the proceedings.
{ - (5) If the defendant personally appears in court at the
time indicated in the summons and enters a plea of guilty, the
judge shall consider any statement in explanation or mitigation
made by the defendant. - }
(6) The court may require a defendant to appear personally in
any case { - , or may require that all defendants appear in
specified categories of cases - } .
(7) If a defendant has entered a no contest plea { - or
guilty plea - } in the manner provided in subsection
{ - (3)(b) or (c) - } { + (4) + } of this section, and the
court determines that the { - base - } { + presumptive + }
fine { - amount - } is not adequate by reason of previous
convictions of the defendant, the nature of the offense charged
or other circumstances, the court may require that a trial be
held unless an additional fine amount is paid by the defendant
before a specified date. Notice of an additional fine amount
under this subsection may be given to the defendant by mail. In
no event may the court require a total fine amount in excess of
the maximum fine established for the violation by statute.
(8) If a defendant fails to make a first appearance on a
citation for a traffic violation, as defined by ORS 801.557,
fails to make a first appearance on a citation for a violation of
ORS 471.430, or fails to appear at any other subsequent time set
for trial or other appearance, the driving privileges of the
defendant are subject to suspension under ORS 809.220.
SECTION 25a. ORS 153.099 is amended to read:
153.099. (1) If a trial is held in a violation proceeding, the
court shall enter a judgment based on the evidence presented at
the trial.
(2) If the defendant appears and enters a plea of no contest in
the manner described in ORS 153.061 { - (3)(b), - } { +
(4) + } and a trial is not otherwise required by the court or by
law, the court shall make a decision based on the citation { - ,
the statement filed by the defendant and any other information or
materials submitted to the court - } .
{ - (3) If the defendant enters a plea of guilty in the
manner described in ORS 153.061 (3)(c), a trial is not otherwise
required by the court or by law and the court accepts the plea of
guilty, judgment shall be entered against the defendant based on
the violation citation. - }
SECTION 26. { + The amendments to ORS 153.061 and 153.099 by
sections 25 and 25a of this 2011 Act apply only to violation
citations issued, and violation proceedings commenced by
citations issued, on or after the effective date of this 2011
Act. Any citation issued, and violation proceeding commenced by a
citation issued, before the effective date of this 2011 Act shall
continue to be governed by ORS 153.061 as in effect immediately
before the effective date of this 2011 Act. + }
{ +
JUDGMENTS + }
SECTION 27. ORS 153.090 is amended to read:
153.090. (1) Judgments entered under this chapter may include:
(a) Imposition of a sentence to pay a fine;
(b) Costs { - , assessments - } and restitution authorized by
law; { + and + }
{ - (c) A requirement that the fine, costs, assessments and
restitution, if any, be paid out of any base fine; - }
{ - (d) Remission of any balance of a base fine to the
defendant or to any other person designated by the defendant;
and - }
{ - (e) - } { + (c) + } Any other provision authorized by
law.
(2) Notwithstanding ORS 137.106, if the court orders
restitution in a default judgment entered under ORS 153.102, a
defendant may allege an inability to pay the full amount of
monetary sanctions imposed, including restitution, and request a
hearing to determine whether the defendant is unable to pay or to
establish a payment schedule by filing a written request with the
court within one year after the entry of the judgment. The court
shall set a hearing on the issue of the defendant's ability to
pay upon receipt of the request and shall give notice to the
district attorney. The district attorney shall give notice to the
victim of the date, time and place of the hearing. The court may
determine a payment schedule for monetary sanctions imposed,
including restitution ordered under this subsection, if the
defendant establishes at the hearing that the defendant is unable
to pay the ordered restitution in full.
(3) If a trial is held in a violation proceeding, or a default
judgment is entered against the defendant under ORS 153.102, the
court may impose any fine within the statutory limits for the
violation. If a defendant pleads no contest under ORS 153.061
{ - (3)(b) - } { + (4) + } { - , or pleads guilty under ORS
153.061 (3)(c), - } and the court accepts the plea and enters
judgment against the defendant, the amount of the fine imposed
against the defendant by the court may not exceed the
{ - amount of the base - } { + presumptive + } fine
established for the violation under { - ORS 153.125 to
153.145 - } { + sections 2 and 3 of this 2011 Act + }.
(4) A judge may suspend operation of any part of a judgment
entered under this chapter upon condition that the defendant pay
the nonsuspended portion of a fine within a specified period of
time. If the defendant fails to pay the nonsuspended portion of
the fine within the specified period of time, the suspended
portion of the judgment becomes operative without further
proceedings by the court and the suspended portion of the fine
becomes immediately due and payable.
(5) The court may not recommend a suspension of the defendant's
driving privileges unless a trial has been required. The failure
of the defendant to appear at the trial does not prevent the
court from recommending suspension of the defendant's driving
privileges.
(6) Entry of a default judgment under ORS 153.102 does not
preclude the arrest and prosecution of the defendant for the
crime of failure to appear in a violation proceeding under ORS
153.992.
(7) If a person holds a commercial driver license, a court may
not defer entry of a judgment or allow an individual to enter
into a diversion program that would prevent a conviction for a
traffic offense from appearing on the driving record of the
holder. This subsection applies to all traffic offenses, whether
committed while driving a motor vehicle or a commercial motor
vehicle, but does not apply to parking violations. For purposes
of this subsection, a person holds a commercial driver license if
on the date of the commission of the offense the person holds a
commercial driver license issued by the Department of
Transportation or the licensing agency of another jurisdiction
that is:
(a) Not expired or if expired, expired less than one year; or
(b) Suspended, but not canceled or revoked.
SECTION 28. { + The amendments to ORS 153.090 by section 27 of
this 2011 Act apply only to judgments in violation proceedings
commenced by citations issued on or after the effective date of
this 2011 Act. Any judgment in a violation proceeding commenced
by a citation issued before the effective date of this 2011 Act
shall continue to be governed by ORS 153.090 as in effect
immediately before the effective date of this 2011 Act. + }
SECTION 29. ORS 153.108 is amended to read:
153.108. (1) Notwithstanding ORS 131.505 to 131.535, if a
person commits both a crime and a violation as part of the same
criminal episode, the prosecution for one offense shall not bar
the subsequent prosecution for the other. However, evidence of
the first conviction shall not be admissible in any subsequent
prosecution for the other offense.
(2) Notwithstanding ORS 43.130 and 43.160, { - no - } { +
a + } plea, finding or { - proceeding upon any violation
shall - } { + judgment in a violation proceeding, or the fact
that a violation proceeding has been commenced and prosecuted
against a defendant, may not + } be used for the purpose of res
judicata or collateral estoppel, { - nor shall any plea,
finding or proceeding upon any violation be admissible - } { +
or be admitted + } as evidence in any civil proceeding.
SECTION 30. ORS 41.905 is amended to read:
41.905. { - (1) - } A { + plea to a charge of a traffic
crime, as defined in ORS 801.545, and any + } judgment of
conviction or acquittal of a person charged with a traffic
{ - offense - } { + crime, as defined by ORS 801.545, + }
{ - is - } { + are + } not admissible in the trial of a
subsequent civil action arising out of the same accident or
occurrence to prove or negate the facts upon which such judgment
was rendered.
{ - (2) A plea of guilty by a person to a traffic offense may
be admitted as evidence in the trial of a subsequent civil action
arising out of the same accident or occurrence as an admission of
the person entering the plea, and for no other purpose. - }
{ - (3) Evidence that a person has entered a plea of no
contest in the manner described in ORS 153.061 (3)(b) to a charge
of a traffic offense shall not be admitted as evidence in the
trial of a subsequent civil action arising out of the same
accident or occurrence. - }
SECTION 31. { + The amendments to ORS 41.905 and 153.108 by
sections 29 and 30 of this 2011 Act apply only to offenses
committed on or after the effective date of this 2011 Act. Any
offense committed before the effective date of this 2011 Act
shall continue to be governed by ORS 41.905 and 153.108 as in
effect immediately before the effective date of this 2011
Act. + }
{ +
DISTRIBUTION OF PAYMENTS UNDER JUDGMENT + }
{ +
IN CRIMINAL ACTION + }
{ +
(Priorities for Application of Payments) + }
SECTION 32. { + Sections 33 to 38 of this 2011 Act are added
to and made a part of ORS chapter 137. + }
SECTION 33. { + Priorities for application of payments on
judgments in criminal actions. (1) There are five levels of
priority for application of payments on judgments of conviction
in criminal actions, with Level I obligations having the highest
priority and Level V having the lowest priority. All payments on
a judgment of conviction in a criminal action shall be applied
first against the unpaid obligations in the level with highest
priority until those obligations have been paid in full, and
shall then be applied against the obligations in the level with
the next highest level of priority, until all obligations under
the judgment have been paid in full.
(2) Except as provided in section 35 of this 2011 Act, if there
is more than one person or public body to whom an obligation is
payable under a level, the court shall divide each payment based
on each person's or public body's proportionate share of the
total amount of obligations in that level. + }
SECTION 34. { + Level I obligations. Compensatory fines under
ORS 137.101 are Level I obligations. + }
SECTION 35. { + Level II obligations. (1) There are two types
of Level II obligations:
(a) Type 1 obligations include awards of restitution as defined
in ORS 137.103, awards of restitution under ORS 419C.450 and
money awards made under ORS 811.706.
(b) Type 2 obligations include all fines and other monetary
obligations payable to the state for which the law does not
expressly provide other disposition, including fines payable to
the state by justice and municipal courts under sections 48 and
49 of this 2011 Act.
(2) If a judgment contains both types of Level II obligations,
the court shall apply 50 percent of amounts creditable to Level
II obligations to Type 1 obligations and 50 percent of the
amounts to Type 2 obligations, until all obligations in one of
the two types have been paid in full. All subsequent amounts
creditable to Level II obligations shall be applied against the
other type of obligations until those obligations have been paid
in full.
(3) If there is more than one person for whose benefit a Type 1
money award has been made, the clerk shall pay the moneys
credited to Type 1 obligations in the following order of
priority:
(a) If the judgment contains a money award payable to the
person or persons against whom the defendant committed the
offense, the clerk shall first pay all moneys credited to Type 1
obligations to those persons, and shall continue to do so until
all those obligations are paid in full. If there is more than one
person to whom an obligation is payable under this paragraph, the
court shall divide each payment under this paragraph based on
each person's proportionate share of the total amount of
obligations subject to payment under this paragraph.
(b) If the judgment contains a money award payable to the
Criminal Injuries Compensation Account, the clerk shall
thereafter transfer moneys credited to Type 1 obligations to the
account until the award is paid in full.
(c) If the judgment contains a money award payable to any other
victims, as defined in ORS 137.103, the clerk shall thereafter
pay the moneys credited to Type 1 obligations to those victims
until those victims are paid in full. + }
SECTION 36. { + Level III obligations. Level III obligations
are fines payable to a county or city under sections 47 to 50 of
this 2011 Act. + }
SECTION 37. { + Level IV obligations. Level IV obligations are
amounts that the law expressly directs be paid to a specific
account or public body as defined in ORS 174.109. + }
SECTION 38. { + Level V obligations. Level V obligations are
amounts payable for reward reimbursement under ORS 131.897. + }
SECTION 39. { + Sections 33 to 38 of this 2011 Act and the
repeal of ORS 137.295 by section 118 of this 2011 Act apply only
to offenses committed on or after the effective date of this 2011
Act. Any offense committed before the effective date of this 2011
Act shall continue to be governed by ORS 137.295 as in effect
immediately before the effective date of this 2011 Act. + }
{ +
(Application of Security Deposits Against + }
{ +
Child Support Obligation) + }
SECTION 40. ORS 25.715 is amended to read:
25.715. (1) The court may order that the portion of a security
deposit made under ORS 135.265 that would otherwise be returned
to the person who made the deposit or the amount of child support
arrearages, whichever is less, be paid to an obligee or the
Division of Child Support of the Department of Justice if:
(a) The defendant is an obligor who owes child support
arrearages;
(b) The obligee or the administrator has filed a motion
requesting the court to make such an order;
(c) The obligee or the administrator has served the defendant
with a copy of the motion;
(d) The defendant has an opportunity to respond and request a
hearing; and
(e) The court has determined that such an order is appropriate.
(2) The court may order that a portion of a security
{ - amount - } { + deposit that is + }forfeited under ORS
135.280 be paid to the division and be applied to any unsatisfied
child support judgment and to provide security for child support
payments in accordance with ORS 25.230 if:
(a) The defendant is an obligor who owes child support;
(b) The administrator has filed a motion requesting the court
to make such an order;
(c) The motion specifies the amount to be applied to the child
support judgment under ORS 135.280; and
(d) The court has determined that such an order is appropriate.
SECTION 41. ORS 135.280 is amended to read:
135.280. (1) Upon failure of a person to comply with any
condition of a release agreement or personal recognizance, the
court having jurisdiction may, in addition to any other action
provided by law, issue a warrant for the arrest of the person at
liberty upon a personal recognizance, conditional or security
release.
(2) A warrant issued under subsection (1) of this section by a
municipal judge may be executed by any peace officer authorized
to execute arrest warrants.
(3) If the defendant does not comply with the conditions of the
release agreement, the court having jurisdiction shall enter an
order declaring the entire security amount to be forfeited.
Notice of the order of forfeiture shall be given forthwith by
personal service, by mail or by such other means as are
reasonably calculated to bring to the attention of the defendant
and, if applicable, of the sureties the order of forfeiture. If,
within 30 days after the court declares the forfeiture, the
defendant does not appear or satisfy the court having
jurisdiction that appearance and surrender by the defendant was,
or still is, impossible and without fault of the defendant, the
court shall enter judgment for the state, or appropriate
political subdivision thereof, against the defendant and, if
applicable, the sureties for the entire security amount set under
ORS 135.265 and the costs of the proceedings. At any time before
or after entry of the judgment, the defendant or the sureties may
apply to the court for a remission of the forfeiture or to modify
or set aside the judgment. The court, upon good cause shown, may
remit the forfeiture or any part thereof or may modify or set
aside the judgment as in other criminal cases, except the portion
of the security { - amount - } { + deposit + } that the court
ordered to be applied to child support under subsection (4) of
this section, as the court considers reasonable under the
circumstances of the case. The court shall adopt procedures to
ensure that the amount deposited under ORS 135.265 is available
for a reasonable period of time for disposition under subsection
(4) of this section.
(4) After entry of a judgment for the state, the court, upon a
motion filed under ORS 25.715, may order that a portion of the
security { - amount - } { + deposit + } be applied to any
unsatisfied child support award owed by the defendant and to
provide security for child support payments in accordance with
ORS 25.230. The portion of the security { - amount - } { +
deposit + } that may be applied to the child support award:
(a) Is limited to the amount deposited under ORS 135.265 { +
(2) + };
(b) May not exceed 66 percent of the entire security amount set
under ORS 135.265 { + if the deposit has been made under ORS
135.265 (3) + }; and
(c) Does not reduce the money award in the judgment entered
under subsection (3) of this section that is owed to the state.
(5) When judgment is entered in favor of the state, or any
political subdivision of the state, on any security given for a
release, the judgment may be enforced as a judgment in a civil
action. If entered in circuit court, the judgment shall be
entered in the register, and the clerk of the court shall note in
the register that the judgment creates a judgment lien. The
district attorney, county counsel or city attorney may have
execution issued on the judgment and deliver same to the sheriff
to be executed by levy on the deposit or security amount made in
accordance with ORS 135.265, or may collect the judgment as
otherwise provided by law. The proceeds of any execution or
collection shall be used to satisfy the judgment and costs and
paid into the treasury of the municipal corporation wherein the
security was taken if the offense was defined by an ordinance of
a political subdivision of this state, or paid into the treasury
of the county wherein the security was taken if the offense was
defined by a statute of this state and the judgment was entered
by a justice court, or paid over as directed by the State Court
Administrator for deposit in the Criminal Fine { - and
Assessment - } Account { - created under ORS 137.300 - } , if
the offense was defined by a statute of this state and the
judgment was entered by a circuit court. The provisions of this
section shall not apply to { - base fine - } amounts deposited
upon appearance under ORS 153.061.
(6) When the judgment of forfeiture is entered, the security
deposit or deposit with the clerk is, by virtue of the judgment
alone and without requiring further execution, forfeited to and
may be kept by the state or its appropriate political
subdivision. Except as provided in subsection (4) of this
section, the clerk shall reduce, by the value of the deposit so
forfeited, the debt remaining on the judgment and shall cause the
amount on deposit to be transferred to the revenue account of the
state or political subdivision thereof entitled to receive the
proceeds of execution under this section.
(7) The stocks, bonds, personal property and real property
shall be sold in the same manner as in execution sales in civil
actions and the proceeds of such sale shall be used to satisfy
all court costs, prior encumbrances, if any, and from the balance
a sufficient amount to satisfy the judgment shall be paid into
the treasury of the municipal corporation wherein the security
was taken if the offense was defined by an ordinance of a
political subdivision of this state, or paid into the treasury of
the county wherein the security was taken if the offense was
defined by a statute of this state and the judgment was entered
by a justice court, or deposited in the General Fund available
for general governmental expenses if the offense was defined by a
statute of this state and the judgment was entered by a circuit
court. The balance shall be returned to the owner. The real
property sold may be redeemed in the same manner as real estate
may be redeemed after judicial or execution sales in civil
actions.
{ +
(Recovery of Costs) + }
SECTION 42. ORS 151.487 is amended to read:
151.487. (1) If in determining that a person is financially
eligible for appointed counsel under ORS 151.485, the court finds
that the person has financial resources that enable the person to
pay in full or in part the administrative costs of determining
the eligibility of the person and the costs of the legal and
other services to be provided at state expense that are related
to the provision of appointed counsel, the court shall
{ - order - } { + enter a limited judgment requiring that + }
the person { - to - } pay to the Public Defense Services
Account in the General Fund, through the clerk of the court, the
amount that it finds the person is able to pay without creating
substantial hardship in providing basic economic necessities to
the person or the person's dependent family. The amount that a
court may { - order - } { + require + } the person to pay is
subject to the guidelines and procedures issued by the Public
Defense Services Commission as provided in subsection (4) of this
section.
(2) Failure to { - obey an order - } { + comply with the
requirements of a limited judgment entered + } under this section
is not grounds for contempt or grounds for withdrawal by the
appointed attorney { - , but any part of the amount ordered
under this section and not paid may be: - }
{ - (a) Enforced against the person as if the order is a
civil judgment; or - }
{ - (b) Enforced as otherwise permitted by law - } .
(3) Except as authorized in this section, no person,
organization or governmental agency may request or accept a
payment or promise of payment for assisting in the representation
of a person by appointment.
(4) The commission shall promulgate and issue guidelines and
procedures:
(a) For the determination of persons provided with appointed
counsel who have some financial resources to pay in full or in
part the administrative, legal and other costs under subsection
(1) of this section; and
(b) Regarding the amounts persons may be required to pay by a
court under subsection (1) of this section.
(5) The determination that a person is able to pay or partially
able to pay, or that a person no longer has the ability to pay
the amount ordered in subsection (1) of this section, is subject
to review at any time by the court.
SECTION 43. ORS 151.505 is amended to read:
151.505. (1) At the conclusion of a case or matter in which the
first accusatory instrument or petition in the trial court was
filed after January 1, 1998, and in which the court appointed
counsel to represent a person, a trial, appellate or
post-conviction court may include in its judgment { - an
order - } { + a money award requiring + } that the person repay
in full or in part the administrative costs of determining the
eligibility of the person for appointed counsel { + , + } and the
costs of the legal and other services that are related to the
provision of appointed counsel { + , that have not previously
been paid under a limited judgment entered under ORS 151.487 + }.
{ + An award under this section is a monetary obligation payable
to the state. + }
(2) Costs { - repayable - } { + that may be included in a
money award + } under this section include a reasonable attorney
fee for counsel appointed to represent the person and a
reasonable amount for expenses authorized under ORS 135.055. A
reasonable attorney fee is presumed to be a reasonable number of
hours at the hourly rate authorized by the Public Defense
Services Commission under ORS 151.216. For purposes of this
subsection, compensation of counsel is determined by reference to
a schedule of compensation established by the commission.
{ - (3) Costs repayable under this section do not include
costs imposed and paid under a previous order under ORS 151.487,
but may include costs imposed under an order under ORS 151.487
that are unpaid at the time the judgment is filed. - }
{ - (4) - } { + (3) + } The court may not { - order - }
{ + require + } a person to pay costs under this section unless
the person is or may be able to pay the costs. In determining the
amount and method of payment of costs, the court shall take
account of the financial resources of the person and the nature
of the burden that payment of costs will impose.
{ - (5) - } { + (4) + } A person who has been
{ - ordered - } { + required + } to pay costs under this
section and who is not in contumacious default in the payment of
the costs may at any time petition the court for remission of the
payment of costs or any unpaid portion of the costs. If it
appears to the satisfaction of the court that payment of the
amount due will impose manifest hardship on the person ordered to
repay or on the immediate family of the person, the court may
{ - remit - } { + enter a supplemental judgment that
remits + } all or part of the amount due or { - modify - }
{ + modifies + } the method of payment.
{ - (6) - } { + (5) + } { - Except for moneys payable
under subsection (1) of this section pursuant to an order under
ORS 151.487, - } All moneys collected or paid under { + a money
award made pursuant to + } this section shall be paid into
{ - the General Fund and credited to - } the Criminal Fine
{ - and Assessment - } Account. { + If the money award is part
of a criminal judgment of conviction, the award is a Type 2,
Level II obligation for the purpose of sections 33 to 38 of this
2011 Act. + }
{ - (7) Any part of the costs ordered to be paid under this
section that is not paid may be enforced against the person as
provided in ORS 137.450 if the judgment is a judgment in a
criminal action or in the same manner as unpaid costs may be
enforced under ORS 151.487. - }
SECTION 43a. ORS 151.225 is amended to read:
151.225. (1) There is created a Public Defense Services Account
in the General Fund. The Public Defense Services Account is
continuously appropriated to the Public Defense Services
Commission to pay compensation of counsel and other expenses in
connection with the legal representation of persons for which the
commission is responsible by law.
(2) All moneys appropriated to the commission to pay
compensation of counsel and other expenses in connection with the
legal representation of persons for which the commission is
responsible by law shall be deposited in the Public Defense
Services Account.
(3) All moneys received by the Judicial Department under ORS
135.050 (8), 151.487 (1), { - 151.505 (3), - } 419A.211,
419B.198 (1) or 419C.203 (1) shall be deposited in a separate
subaccount created in the Public Defense Services Account to be
used by the public defense services executive director to
reimburse the actual costs and expenses, including personnel
expenses, incurred in administration and support of the public
defense system.
(4) All gifts, grants or contributions accepted by the
commission under ORS 151.216 shall be deposited in a separate
subaccount created in the Public Defense Services Account to be
used by the commission for the purpose for which the gift, grant
or contribution was given or granted.
(5) As used in this section, 'other expenses in connection with
the legal representation of persons for which the commission is
responsible by law' includes expenses incurred in the
administration of the public defense system.
SECTION 44. ORS 161.665 is amended to read:
161.665. (1) Except as provided in ORS 151.505, the court, only
in the case of a defendant for whom it enters a judgment of
conviction, may include in its sentence thereunder a
{ - provision that the convicted defendant pay as costs
expenses - } { + money award, payable to the state, for all
costs + } specially incurred by the state in prosecuting the
defendant. Costs include a reasonable attorney fee for counsel
appointed pursuant to ORS 135.045 or 135.050 and a reasonable
amount for fees and expenses incurred pursuant to
preauthorization under ORS 135.055. A reasonable attorney fee is
presumed to be a reasonable number of hours at the hourly rate
authorized by the Public Defense Services Commission under ORS
151.216. Costs do not include expenses inherent in providing a
constitutionally guaranteed jury trial or expenditures in
connection with the maintenance and operation of government
agencies that must be made by the public irrespective of specific
violations of law.
(2) Except as provided in ORS 151.505, the court, after the
conclusion of an appeal of its initial judgment of conviction,
may include in its general judgment, or enter a supplemental
judgment that includes, a { - requirement - } { + money
award, payable to the state, + } that { + requires + } a
convicted defendant { + to + } pay { - as costs - } a
reasonable attorney fee for counsel appointed pursuant to ORS
138.500, including counsel who is appointed under ORS 151.216 or
counsel who is under contract to provide services for the
proceeding under ORS 151.219, and other costs and expenses
allowed by the public defense services executive director under
ORS 138.500 (4). A reasonable attorney fee is presumed to be a
reasonable number of hours at the hourly rate authorized by the
commission under ORS 151.216.
(3) For purposes of subsections (1) and (2) of this section,
compensation of counsel is determined by reference to a schedule
of compensation established by the commission under ORS 151.216.
(4) The court may not sentence a defendant to pay costs under
this section unless the defendant is or may be able to pay them.
In determining the amount and method of payment of costs, the
court shall take account of the financial resources of the
defendant and the nature of the burden that payment of costs will
impose.
(5) A defendant who has been sentenced to pay costs under this
section and who is not in contumacious default in the payment of
costs may at any time petition the court that sentenced the
defendant for remission of the payment of costs or of any unpaid
portion of costs. If it appears to the satisfaction of the court
that payment of the amount due will impose manifest hardship on
the defendant or the immediate family of the defendant, the court
may { - remit - } { + enter a supplemental judgment that
remits + } all or part of the amount due in costs, or
{ - modify - } { + modifies + } the method of payment under
ORS 161.675.
(6) { - Except as provided in subsection (7) of this
section, - } All moneys collected or paid under this section
shall be paid into
{ - the General Fund and credited to - } the Criminal Fine
{ - and Assessment - } Account. { + The award is a Type 2,
Level II obligation for the purpose of sections 33 to 38 of this
2011 Act. + }
{ - (7) All moneys collected or paid under this section as
costs for expenses incurred by the state in extraditing the
defendant to this state shall be deposited into the Arrest and
Return Account established in ORS 133.865. - }
SECTION 45. ORS 133.865 is amended to read:
133.865. (1) The Arrest and Return Account is established
separate and distinct from the General Fund. The account consists
of moneys deposited into the account under ORS { - 161.665 - }
{ + 144.605, moneys allocated to the account under ORS 137.300
+ }and such other moneys as may be appropriated to the account
by law.
{ + (2) + } { - Except as provided in subsection (2) of
this section, - } Moneys in the account are continuously
appropriated to the Governor for the { - purpose - } { +
purposes + } of paying costs incurred in { + :
(a) + } Carrying out the provisions of ORS 133.743 to 133.857
{ - . - } { + ; and + }
{ - (2) - } { + (b) + } { - Moneys deposited in the
Arrest and Return Account under ORS 144.605 are continuously
appropriated to the Governor for the purpose of paying costs
incurred in - } Retaking offenders who have transferred
supervision under the Interstate Compact for Adult Offender
Supervision described in ORS 144.600.
{ +
(Disposition of Fines for Traffic Offenses) + }
SECTION 46. { + Sections 47 to 50 of this 2011 Act are added
to and made a part of ORS chapter 153. + }
SECTION 47. { + Disposition of fines for traffic offenses;
circuit court. (1) If a circuit court enters a judgment of
conviction for a traffic offense, the full amount of the fine
imposed under the judgment is payable to the state if the
conviction resulted from a prosecution arising out of an arrest
or complaint made by an officer of the Oregon State Police or by
any other enforcement officer employed by state government, as
defined in ORS 174.111.
(2) If a circuit court enters a judgment of conviction for a
traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by a sheriff, deputy
sheriff, city police officer or any other enforcement officer
employed by a local government, as defined in ORS 174.116:
(a) $40 of the fine imposed under the judgment is payable to
the state;
(b) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the local
government that employs the enforcement officer; and
(c) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the state. + }
SECTION 48. { + Disposition of fines for traffic offenses;
justice court. (1) If a justice court enters a judgment of
conviction for a traffic offense and the conviction resulted from
a prosecution arising out of an arrest or complaint made by an
officer of the Oregon State Police or by any other enforcement
officer employed by state government, as defined in ORS 174.111:
(a) $40 of the fine imposed under the judgment is payable to
the state;
(b) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the county in
which the justice court is located; and
(c) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the state.
(2) If a justice court enters a judgment of conviction for a
traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by a sheriff, deputy
sheriff or any other enforcement officer employed by the county:
(a) $40 of the fine imposed under the judgment is payable to
the state; and
(b) The remaining amount of the fine is payable to the county
in which the court is located.
(3) If a justice court enters a judgment of conviction for a
traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by an enforcement
officer employed by any other local government, as defined in ORS
174.116:
(a) $40 of the fine imposed under the judgment is payable to
the state;
(b) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the local
government that employs the enforcement officer; and
(c) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the county in
which the court is located. + }
SECTION 49. { + Disposition of fines for traffic offenses;
municipal court. (1) If a municipal court enters a judgment of
conviction for a traffic offense and the conviction resulted from
a prosecution arising out of an arrest or complaint made by an
officer of the Oregon State Police or by any other enforcement
officer employed by state government, as defined in ORS 174.111:
(a) $40 of the fine imposed under the judgment is payable to
the state;
(b) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the city in
which the municipal court is located; and
(c) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the state.
(2) If a municipal court enters a judgment of conviction for a
traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by a city police
officer or any other enforcement officer employed by the city:
(a) $40 of the fine imposed under the judgment is payable to
the state; and
(b) The remaining amount of the fine is payable to the city in
which the court is located.
(3) If a municipal court enters a judgment of conviction for a
traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by an enforcement
officer employed by any other local government, as defined in ORS
174.116:
(a) $40 of the fine imposed under the judgment is payable to
the state;
(b) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the local
government that employs the enforcement officer; and
(c) One-half of the amount remaining after the payment required
by paragraph (a) of this subsection is payable to the city in
which the court is located. + }
SECTION 49a. { + Any amount collected by a circuit court,
justice court or municipal court as costs in a criminal action
shall be retained by the court. + }
SECTION 50. { + Deposit of fines. (1) Amounts payable to the
state under sections 48 and 49 of this 2011 Act shall be
transferred by the court to the Department of Revenue for
distribution as provided in ORS 305.830. Amounts payable to a
local government under sections 47 to 50 of this 2011 Act shall
be deposited by the court in the local government's general fund
and are available for general governmental purposes.
(2) Justice and municipal courts must make the transfer
required by subsection (1) of this section under sections 48 and
49 of this 2011 Act not later than the last day of the month
immediately following the month in which a payment on a judgment
is received by the court. + }
SECTION 51. { + Sections 47 to 50 of this 2011 Act and the
repeal of ORS 153.630 by section 118 of this 2011 Act apply only
to offenses committed on or after the effective date of this 2011
Act. Any offense committed before the effective date of this 2011
Act shall continue to be governed by ORS 153.630 as in effect
immediately before the effective date of this 2011 Act. + }
{ +
(Criminal Fine Account) + }
SECTION 52. ORS 137.300 is amended to read:
137.300. { - (1) The Criminal Fine and Assessment Account is
established in the General Fund of the State Treasury. All moneys
in the account are continuously appropriated to the Department of
Revenue to be distributed by the Department of Revenue according
to allocations made by the Legislative Assembly. The Department
of Revenue shall keep a record of moneys transferred into and out
of the account. The Department of Revenue shall report monthly to
the Attorney General the amount of moneys received from the state
courts in each county and from each city court. - }
{ - (2) The Legislative Assembly shall allocate moneys in the
account according to the following priority: - }
{ - (a) Public safety standards, training and facilities; - }
{ - (b) Criminal injuries compensation and assistance to
victims of crime and children reasonably suspected of being
victims of crime; - }
{ - (c) Forensic services of the Oregon State Police
including, but not limited to, services of the State Medical
Examiner; and - }
{ - (d) Maintenance and operation of the Law Enforcement Data
System. - }
{ - (3) Moneys in the account may not be allocated for: - }
{ - (a) The payment of debt service obligations; or - }
{ - (b) Any purpose other than those listed in subsection (2)
of this section. - }
{ - (4) The Department of Revenue shall deposit in the
General Fund all moneys remaining in the account after the
distributions required by subsections (1) and (2) of this section
have been made. - }
{ - (5) The Department of Revenue shall establish by rule a
process for distributing moneys in the account. - }
{ - (6) The Department of Justice shall report monthly to the
Department of Revenue the amount of moneys ordered to be applied
to child support under ORS 135.280. - }
{ + (1) The Criminal Fine Account is established in the
General Fund. All moneys in the account are continuously
appropriated to the Department of Revenue to be distributed by
the Department of Revenue pursuant to allocations made by the
Legislative Assembly. The Department of Revenue shall keep a
record of moneys transferred into and out of the account.
(2) Allocations from the Criminal Fine Account may be made for
the following purposes:
(a) Allocations for public safety standards, training and
facilities.
(b) Allocations for criminal injuries compensation and
assistance to victims of crime and children reasonably suspected
of being victims of crime.
(c) Allocations for the forensic services provided by the
Oregon State Police including, but not limited to, services of
the State Medical Examiner.
(d) Allocations for the maintenance and operation of the Law
Enforcement Data System.
(e) Allocations to the Law Enforcement Medical Liability
Account established under ORS 414.815.
(f) Allocations to the State Court Facilities Security Account
established under ORS 1.178.
(g) Allocations to the State Court Administrator for the
purpose of distributing moneys to counties under the Court
Security Program established under section 59 of this 2011 Act.
(h) Allocations to the Department of Corrections for community
corrections grants under ORS 423.520.
(i) Allocations to the Oregon Health Authority for the purpose
of grants under ORS 430.345 for the establishment, operation and
maintenance of alcohol and drug abuse prevention, early
intervention and treatment services provided through a county.
(j) Allocations to the Oregon State Police for the purpose of
the enforcement of the laws relating to driving under the
influence of intoxicants.
(k) Allocations to the Arrest and Return Account established
under ORS 133.865.
(L) Allocations to the Intoxicated Driver Program Fund
established under ORS 813.270.
(3) It is the intent of the Legislative Assembly that
allocations from the Criminal Fine Account under subsection (2)
of this section be consistent with historical funding of the
entities, programs and accounts listed in subsection (2) of this
section from monetary obligations imposed in criminal
proceedings.
(4) Moneys in the Criminal Fine Account may not be allocated
for the payment of debt service obligations.
(5) The Department of Revenue shall deposit in the General Fund
all moneys remaining in the Criminal Fine Account after the
distributions required by subsection (2) of this section have
been made.
(6) The Department of Revenue shall establish by rule a process
for distributing moneys in the Criminal Fine Account and for
reducing the amount of distributions when amounts in the account
are not adequate to fund the allocation. Reductions shall be
proportionate to the amount allocated to an entity, program or
account as compared to all allocations made from the account for
the biennium. + }
SECTION 53. { + Notwithstanding section 52 of this 2011 Act,
for the biennium beginning July 1, 2011, the Department of
Revenue shall distribute the moneys in the Criminal Fine Account
as specified in sections 54 to 58 of this 2009 Act. + }
SECTION 54. { + There are allocated to the Department of
Public Safety Standards and Training for the biennium beginning
July 1, 2011, from the Criminal Fine Account the following
amounts for the following purposes: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1Police Standards and Training
Account for criminal
justice training and
standards operations.$___ + }
{ +
(2Public Safety Memorial Fund
established under ORS$243.+5}
___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 55. { + There are allocated to the Department of Human
Services for the biennium beginning July 1, 2011, from the
Criminal Fine Account the following amounts for the following
purposes: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1Domestic Violence Fund
for the purpose of
ORS 409.292 (1)(a) to$(c) + }
___
{ +
(2Sexu....................$nd_ + }
__
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 55a. There is allocated to the Oregon Health Authority
for the biennium beginning July 1, 2011, from the Criminal Fine
Account $___ for the Emergency Medical Services and Trauma
Systems Program created under ORS 431.623.
SECTION 56. { + There are allocated to the Department of
Justice for the biennium beginning July 1, 2011, from the
Criminal Fine Account the following amounts for the following
purposes: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1Criminal Injuries Compensation
Account..............$___ + }
{ +
(2Services to children eligible for
compensation under ORS 147.390
and costs to administer provision of
these services, which costs may not
exceed five percent..$___ + }
{ +
(3Child Abuse Multidisciplinary
Intervention Account.$___ + }
{ +
(4Creation and operation of a statewide
system of regional assessment centers
as provided under ORS 418.746 to
418.796..............$___ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 57. { + (1) There is allocated from the Criminal Fine
Account to the Law Enforcement Medical Liability Account
established under ORS 414.815, for the biennium beginning July 1,
2011, $___.
(2) There is allocated from the Criminal Fine Account to the
State Court Facilities Security Account established under ORS
1.178, for the biennium beginning July 1, 2011, $___.
(3) There is allocated from the Criminal Fine Account to the
State Court Administrator for the biennium beginning July 1,
2011, $___, for the purpose of distributions under the Court
Security Program established under section 59 of this 2011 Act.
(4) There is allocated from the Criminal Fine Account to the
Department of Corrections for the biennium beginning July 1,
2011, $___, for the purpose of community corrections grants under
ORS 423.520.
(5) There is allocated from the Criminal Fine Account to the
Oregon Health Authority for the biennium beginning July 1, 2011,
$___, for the purpose of grants under ORS 430.345 for the
establishment, operation and maintenance of alcohol and drug
abuse prevention, early intervention and treatment services
provided through a county.
(6) There is allocated from the Criminal Fine Account to the
Oregon State Police for the biennium beginning July 1, 2011,
$___, for the purpose of the enforcement of the laws relating to
driving under the influence of intoxicants.
(7) There is allocated from the Criminal Fine Account to the
Arrest and Return Account established under ORS 133.865 for the
biennium beginning July 1, 2011, $___.
(8) There is allocated from the Criminal Fine Account to the
Intoxicated Driver Program Fund created under ORS 813.270 for the
biennium beginning July 1, 2011, $___. + }
SECTION 58. { + After distributing the amounts specified in
sections 54 to 57 of this 2011 Act, the Department of Revenue
shall distribute funds remaining in the Criminal Fine Account to
the General Fund. + }
{ +
AMOUNTS FORMERLY COLLECTED + }
{ +
AS COUNTY ASSESSMENT + }
{ +
(Court Facilities Security Accounts) + }
SECTION 59. { + The State Court Administrator shall establish
a Court Security Program for the purpose of distributing moneys
to counties to be used for the purposes specified in ORS 1.182
(1). All distributions made by the State Court Administrator to
a county under the program shall be deposited in the court
facilities security account established by the county under ORS
1.182. + }
SECTION 60. ORS 1.182 is amended to read:
1.182. (1) The county treasurer shall deposit moneys received
{ - under ORS 137.308 (2) - } { + from a distribution under
section 59 of this 2011 Act + } into a court facilities security
account maintained by the county treasurer. The following apply
to the account:
(a) The moneys in the account and interest upon the account are
reserved for the purpose of providing security in buildings that
contain state court or justice court facilities other than the
Supreme Court, Court of Appeals, Oregon Tax Court or office of
the State Court Administrator located within the county.
(b) Expenditures by the county governing body from the court
facilities security account shall be made only for developing or
implementing a plan for court security improvement, emergency
preparedness and business continuity under ORS 1.180.
(c) Moneys deposited in the account { - under ORS 137.308
(2) - } { + from a distribution under section 59 of this 2011
Act + } and expended under the provisions of this section shall
be in addition to any other moneys expended by the county on
court facilities security programs and personnel. A county shall
not reduce other expenditures on court facilities security
programs and personnel by reason of the additional moneys
provided { - under ORS 137.308 (2) - } { + from distributions
under section 59 of this 2011 Act + }.
(d) The county treasurer may charge against the court
facilities security account an administrative fee for the actual
costs associated with maintaining the account. The total
administrative fees charged each year may not exceed five percent
of the moneys { - received under ORS 137.308 (2) - } { + from
distributions under section 59 of this 2011 Act + } for that
year.
(e) The county treasurer shall provide to the county governing
body, the Advisory Committee on Court Security and Emergency
Preparedness and the presiding judge of the judicial district at
least quarterly a financial report showing all revenues, deposits
and expenditures from the court facilities security account
maintained by the county treasurer. The county treasurer may
charge against the court facilities security account the actual
costs associated with providing financial reports under this
paragraph.
(f) The presiding judge of the judicial district shall provide
to the Chief Justice of the Supreme Court a financial report
showing all revenues, deposits and expenditures from the court
facilities security account for each fiscal year. The report
shall be submitted to the Chief Justice not later than August 30
of each year.
(2) Except as otherwise provided in subsection (3) of this
section, a county may not reduce its actual operating
expenditures on court facilities security programs and personnel,
including funds from all local sources, exclusive of state and
federal funds and other short term special funding, below the
level of such expenditures in the preceding fiscal year beginning
with the 1992-1993 fiscal year.
(3) A county may reduce the operating expenditures described in
subsection (2) of this section if the reduction is in an amount
no greater than the average reduction in general fund commitment
to all county agencies during the fiscal period.
SECTION 61. ORS 1.178 is amended to read:
1.178. (1) The State Court Facilities Security Account is
established separate and distinct from the General Fund. The
account consists of moneys { - deposited to the credit of the
account under ORS 137.309 (7) - } { + allocated to the account
from the Criminal Fine Account + }. Interest earned by the State
Court Facilities Security Account shall be credited to the
account. Moneys in the account are continuously appropriated to
the State Court Administrator for the purpose of providing
security in buildings that contain or are utilized by the Supreme
Court, Court of Appeals, Oregon Tax Court or office of the State
Court Administrator as described under ORS 1.177.
(2) Expenditures by the State Court Administrator from the
State Court Facilities Security Account shall be made only for:
(a) Developing or implementing a plan for state court security
improvement, emergency preparedness and business continuity under
ORS 1.177; and
(b) Statewide training on state court security.
(3) The State Court Administrator shall provide to the Chief
Justice of the Supreme Court at least quarterly a financial
report showing all revenues, deposits and expenditures from the
State Court Facilities Security Account maintained by the State
Court Administrator.
(4) It is the intent of the Legislative Assembly that any
amounts in the State Court Facilities Security Account that are
not needed for the purposes specified in subsection (2) of this
section be used to fund plans for security improvement, emergency
preparedness and business continuity in circuit courts, justice
courts and municipal courts.
{ +
(Law Enforcement Medical Liability Account) + }
SECTION 62. ORS 414.815 is amended to read:
414.815. (1) The Law Enforcement Medical Liability Account is
established separate and distinct from the General Fund. Interest
earned, if any, shall inure to the benefit of the account. The
moneys in the Law Enforcement Medical Liability Account are
appropriated continuously to the Oregon Health Authority to pay
expenses in administering the account and paying claims out of
the account as provided in ORS 414.807.
(2) The liability of the Law Enforcement Medical Liability
Account is limited to funds { - accrued - } { + allocated + }
to the account from { - assessments collected under ORS 137.309
(6), (8) or (9) - } { + from the Criminal Fine Account + }, or
collected from individuals under ORS 414.805.
(3) The authority may contract with persons experienced in
medical claims processing to provide claims processing for the
account.
(4) The authority shall adopt rules to implement administration
of the Law Enforcement Medical Liability Account including, but
not limited to, rules that establish reasonable deadlines for
submission of claims.
(5) Each biennium, the Oregon Health Authority shall submit a
report to the Legislative Assembly regarding the status of the
Law Enforcement Medical Liability Account. Within 30 days of the
convening of each regular legislative session, the authority
shall submit the report to the chair of the Senate Judiciary
Committee and the chair of the House Judiciary Committee. The
report shall include, but is not limited to, the number of claims
submitted and paid during the biennium and the amount of money in
the fund at the time of the report.
{ +
WILDLIFE LAWS + }
SECTION 63. ORS 496.992 is amended to read:
496.992. { - (1) Except as otherwise provided by ORS 153.022
and other law, violation of any provision of the wildlife laws,
or any rule promulgated pursuant thereto, is a Class A
misdemeanor when the offense is committed with a culpable mental
state as defined in ORS 161.085. If the defendant is sentenced to
pay a fine, failure to pay the fine, or any portion thereof,
shall be treated as provided in ORS 161.685. - }
{ - (2) - } { + (1) + } Except as otherwise provided by
{ + this section, + } ORS 153.022 { - and - } { + or + }
other law, violation of any provision of the wildlife laws or any
rule promulgated pursuant { - thereto - } { + to the wildlife
laws + } is { - punishable as - } a Class { - A - } { +
D + } violation { - in the manner prescribed in ORS chapter 153
when the offense is committed with no culpable mental state as
defined in ORS 161.085 - } .
{ + (2) Except for violations of provisions described in
subsection (3) of this section, a violation of a provision of the
wildlife laws that involves the taking of wildlife, including
size or quantity limits for salmon, steelhead trout and sturgeon,
is a Class A violation if the offense is committed with no
culpable mental state as defined in ORS 161.085. If the offense
is committed with a culpable mental state as defined in ORS
161.085, a violation of a provision of the wildlife laws that
involves the taking of wildlife, including size or quantity
limits for salmon, steelhead trout and sturgeon, is a Class A
misdemeanor.
(3) A violation of a provision of the wildlife laws that
involves the taking of nongame mammals or game birds, and size or
quantity limits for fish and shellfish other than salmon,
steelhead trout and sturgeon, is a Class C violation.
(4) A violation of the nonresident licensing provisions of ORS
497.102 and 497.121 is a Class A violation. + }
{ - (3) - } { + (5) + } The second and each subsequent
conviction within a 10-year period for the taking of a raptor or
the taking of game fish with a total value of $200 or more or the
taking of antelope, black bear, cougar, deer, elk, moose,
mountain goat or mountain sheep in violation of the wildlife
laws, or any rule promulgated pursuant thereto which occurs more
than one hour prior to or more than one hour subsequent to a
season established for the lawful taking of such game mammals or
game fish, is a Class C felony when the offense is committed with
a culpable mental state as defined in ORS 161.085.
SECTION 64. ORS 497.415, as amended by section 1, chapter 58,
Oregon Laws 2010, is amended to read:
497.415. (1) When any person is convicted of a violation of law
or any rule adopted pursuant thereto or otherwise fails to comply
with the requirements of a citation in connection with such
violation as provided in subsection (2) of this section, the
court may order the State Fish and Wildlife Commission to revoke
all licenses, tags and permits issued to that person pursuant to
the wildlife laws. Revocation of licenses, tags and permits is in
addition to and not in lieu of other penalties provided by law.
(2) The license, tag and permit revocation provisions of
subsection (1) of this section apply to the following persons:
(a) Any person who is convicted of a violation of the wildlife
laws, or any rule adopted pursuant thereto, or who otherwise
fails to comply with the requirements of a citation in connection
with any such offense { - when the base fine amount for the
offense is $50 or more - } .
(b) Any person who is convicted of a violation of ORS 164.245,
164.255, 164.265, 164.345, 164.354 or 164.365 committed while the
person was angling, taking shellfish, hunting or trapping or who
otherwise fails to comply with the requirements of a citation in
connection with any such offense { - when the base fine amount
for the offense is $50 or more - } .
(c) Any person who is convicted of a violation of ORS 166.630
or 166.638 committed while hunting or who otherwise fails to
comply with the requirements of a citation in connection with any
such offense { - when the base fine amount for the offense is
$50 or more - } .
(3) When a court orders the revocation of a license, tag or
permit pursuant to this section, the court shall take up any such
licenses, tags and permits and forward them, together with a copy
of the revocation order, to the commission. Upon receipt thereof,
the commission shall cause revocation of the appropriate
licenses, tags and permits in accordance with the court order.
(4) For purposes of the Wildlife Violator Compact:
(a) The commission shall suspend a violator's license as
defined in ORS 496.750 for failure to comply with the terms of a
citation from a party state. A copy of a report of failure to
comply from the licensing authority of the issuing state shall be
conclusive evidence. Suspension under this paragraph commences on
the date the commission issues a final order pursuant to the
provisions of ORS chapter 183 to suspend the license in this
state. The period of suspension under this paragraph is the
period provided by Oregon law or such longer period as provided
by commission rule based on the period of suspension imposed by
the party state.
(b) The commission shall revoke a violator's license as defined
in ORS 496.750 for a conviction in a party state. A report of
conviction from the licensing authority of the issuing state
shall be conclusive evidence. Revocation under this paragraph
commences on the date the commission issues a final order
pursuant to the provisions of ORS chapter 183 to revoke the
license in this state. The period of revocation under this
paragraph is the period provided by Oregon law or such longer
period as provided by commission rule based on the period of
revocation imposed by the party state.
(5)(a) No person who has had a license, tag or permit revoked
pursuant to this section for the first time shall apply for or
obtain another such license, tag or permit for the period of 36
months from the date the court or commission ordered the
revocation.
(b) Upon having a license, tag or permit revoked for a second
time pursuant to this section, no person shall apply for or
obtain another such license, tag or permit for the period of five
years.
(c) Upon having a license, tag or permit revoked for a third or
subsequent time pursuant to this section, a person is prohibited
from applying for or obtaining another such license, tag or
permit.
(6)(a) If a person convicted of conduct described in subsection
(2) of this section does not possess at the time of conviction
those licenses, tags and permits issued pursuant to the wildlife
laws that the court would have revoked pursuant to this section,
the court shall specify by order those licenses, tags and permits
that would have been revoked and shall forward a copy of the
order to the commission. No person who is the subject of such a
court order shall apply for, possess or obtain another such
license, tag or permit for the period of 36 months from the date
of the order.
(b) Upon being the subject of a court order under this
subsection for a second time, no person shall apply for or obtain
another such license, tag or permit for the period of five years.
(c) Upon being the subject of a court order under this
subsection for a third time, a person is prohibited from applying
for or obtaining another such license, tag or permit.
SECTION 65. ORS 498.153 is amended to read:
498.153. { - (1) - } A person who operates or parks a
motor-propelled vehicle in violation of restrictions established
and posted under ORS 498.152 { + , and any owner of the vehicle
who authorizes the operation or parking of the vehicle, + }
commits { - an offense punishable as provided in ORS
496.992 - } { + a Class A violation + }.
{ - (2) Except as otherwise provided in subsection (1) of
this section, a person who is the owner of an unattended
motor-propelled vehicle parked in violation of restrictions
established and posted under ORS 498.152 is guilty of a Class A
violation without regard to culpable mental state. - }
{ - (3) It is an affirmative defense to a prosecution under
subsection (2) of this section that the use of the vehicle was
not authorized by the owner, either expressly or by
implication. - }
SECTION 65a. ORS 498.154 is amended to read:
498.154. (1) In all prosecutions { + against the owner of a
motor-propelled vehicle + } under ORS 498.153 { - (2) - } , it
shall be sufficient for a police officer to charge the defendant
by an unsworn written notice if the notice clearly states:
(a) The date, place and nature of the charge.
(b) The time and place for defendant's appearance in court.
(c) The name of the issuing officer.
(d) The license number of the vehicle.
(2) The notice provided for in subsection (1) of this section
shall either be delivered to the defendant or placed in a
conspicuous place upon the vehicle involved in the violation. A
duplicate original of the notice shall serve as the complaint in
the case when it is filed with the court. The issuing officer
need not have observed the act of parking, but need only have
observed that the vehicle appeared to be parked in violation of
restrictions established and posted under ORS 498.152.
{ - (3) A circuit court and a justice court have concurrent
jurisdiction over the offenses described in ORS 498.153 committed
within the county. - }
SECTION 65b. ORS 498.155 is amended to read:
498.155. If a vehicle owner cited under ORS 498.154 to appear
in a circuit { - or justice - } court upon an alleged parking
offense fails to appear on or before the date and time stated on
the citation, the court and the Department of Transportation may
take such actions as are otherwise authorized by law under the
Oregon Vehicle Code in the case of a failure to appear, except
that in no case may a warrant of arrest be issued nor a criminal
prosecution for failure to appear be commenced unless the citing
or prosecuting authority, more than 10 days prior thereto, has
sent a letter to the registered owner at the address shown upon
the vehicle registration records of the department advising such
owner of the charge pending and informing the owner that the
owner may be subject to arrest if the owner does not appear in
the court within 10 days to answer the charge. The letter must be
sent by certified mail, restricted delivery, return receipt
requested. A warrant of arrest may not be issued, nor a criminal
prosecution for failure to appear be commenced if such a letter
has not been sent or if the owner appears in court to answer the
charge within 10 days after receiving the letter.
SECTION 66. ORS 498.222 is amended to read:
498.222. (1) No person shall:
(a) Transport any live fish unless the person has first
obtained a permit therefor from the State Fish and Wildlife
Commission.
(b) Release or attempt to release into any body of water any
live fish that was not taken from that body of water, unless the
person has first obtained a permit therefor from the commission.
(2) The commission may refuse to issue the permit referred to
in subsection (1)(b) of this section if the commission finds that
release of the fish into a body of water would adversely affect
existing fish populations.
(3) Subsection (1)(a) of this section does not apply to live
fish that are for aquaria use.
(4) { - Notwithstanding ORS 496.992, - } Violation of
subsection (1)(b) of this section is:
(a) A Class C felony if the violation is committed
intentionally or knowingly.
(b) A Class A misdemeanor if the violation is committed
recklessly or with criminal negligence.
(5)(a) Notwithstanding ORS 497.415 (1), (2), (3) and (5), when
a person is convicted of violating subsection (1)(b) of this
section, the court in which the conviction occurs shall notify
the commission, which shall revoke all angling licenses and tags
issued to that person pursuant to the wildlife laws. Revocation
of licenses and tags is in addition to and not in lieu of other
penalties provided by law.
(b) No person who has been convicted of violating subsection
(1)(b) of this section shall apply for, obtain or possess any
angling license or tag issued pursuant to the wildlife laws
within five years after the conviction.
(6)(a) The commission may institute suit for the recovery of
damages for the control or eradication of live fish released into
a body of water in violation of subsection (1)(b) of this
section. The damages awarded under this subsection shall be the
amount necessary to return the body of water to its condition
prior to the violation.
(b) In any action under this subsection, the court shall award
to the prevailing party, in addition to costs and disbursements,
reasonable attorney fees.
(c) Damages awarded under this subsection shall be in addition
to other penalties prescribed by the wildlife laws for releasing
or attempting to release live fish without a permit.
(d) Any circuit or justice court has jurisdiction to try any
case for the recovery of damages as provided by this subsection.
SECTION 67. { + ORS 496.715 and 496.951 are repealed. + }
SECTION 68. { + The amendments to ORS 496.992, 497.415,
498.153, 498.154, 498.155 and 498.222 by sections 63 to 66 of
this 2011 Act and the repeal of ORS 496.715 and 496.951 by
section 67 of this 2011 Act apply only to offenses committed on
or after the effective date of this 2011 Act. Any offense
committed before the effective date of this 2011 Act shall
continue to be governed by ORS 496.715, 496.951, 496.992,
497.415, 498.153, 498.154, 498.155 and 498.222 as in effect
immediately before the effective date of this 2011 Act. + }
{ +
HOUSE BILL 2287 (2009) FEES + }
{ +
(CHAPTER 659, OREGON LAWS 2009) + }
{ +
(Security Release Amounts) + }
SECTION 69. ORS 135.265, as amended by section 11, chapter 659,
Oregon Laws 2009, 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 - } { + $750 + }, 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.
SECTION 70. { + The amendments to ORS 135.265 by section 69 of
this 2011 Act apply only to security deposits returned on or
after the effective date of this 2011 Act. + }
{ +
(Bench Probation Fees and Probation Violation Assessments) + }
SECTION 71. ORS 137.540, as amended by section 23, chapter 659,
Oregon Laws 2009, 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 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 city police
department, a county sheriff's office 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 city police department, if the
person is going to reside within a city, and the county sheriff's
office 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 imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the Criminal Fine Account.
Fees imposed in a justice court under this subsection shall be
paid to the county treasurer. Fees imposed in a municipal court
under this subsection shall be paid to the city treasurer. + }
{ - (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 $25
assessment against the defendant. The assessment becomes part of
the judgment and may be collected in the same manner as a fine.
Assessments imposed under this subsection in the circuit court
shall be deposited by the clerk of the court in the Criminal Fine
Account. Assessments imposed in a justice court under this
subsection shall be paid to the county treasurer. Assessments
imposed in a municipal court under this subsection shall be paid
to the city treasurer. + }
{ - (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 72. { + The amendments to ORS 137.540 by section 71 of
this 2011 Act apply only to orders of probation and probation
violation determinations made on or after the effective date of
this 2011 Act. + }
{ +
(Diversion Program Administration Fee) + }
SECTION 73. ORS 135.905 is amended to read:
135.905. (1) Whenever a defendant accused of committing a crime
participates in a diversion agreement under ORS 135.881 to
135.901 or under ORS 813.210, 813.215, 813.220 and 813.230, the
defendant, as a condition of the diversion, shall pay { - the
unitary assessment for which the defendant would have been liable
under ORS 137.290 if the defendant had been convicted - } { +
$70 to the court + }. The district attorney, or the city
attorney if the case is prosecuted by the city attorney, shall
include in the diversion agreement a provision setting forth the
defendant's obligation. If the diversion is terminated and
criminal proceedings are resumed against defendant, any payment
made by the defendant under this subsection shall be refunded
upon subsequent acquittal of the defendant or dismissal of the
case.
(2) { - Assessments under this section shall be paid within
90 days of imposition, unless the court allows payment at a later
time. The assessments shall be paid to the clerk of - } The
court { - , who - } shall account for and distribute { - the
moneys - } { + amounts collected under this section + } as
provided { + for fines + } in { - ORS 137.293 and 137.295 - }
{ + sections 47 to 50 of this 2011 Act + }.
SECTION 74. { + The amendments to ORS 135.905 by section 73 of
this 2011 Act apply only to diversion agreements entered into on
or after the effective date of this 2011 Act. + }
SECTION 75. 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 - }
{ + $333 + } 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 - } { + $210 + } to be distributed as provided
for the disposition of { - costs under ORS 153.630 - } { +
fines under sections 47 to 50 of this 2011 Act, except that the
payments provided for in sections 47 (2)(a), 48 (1)(a), (2)(a)
and (3)(a) and 49 (1)(a), (2)(a) and (3)(a) shall not be
made + }.
(2) If less than the { - $233 - } { + full + } 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 - } { + Department of
Revenue for deposit in the Criminal Fine Account + }.
(3) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly
to the agency or organization providing the diagnostic
assessment.
(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 76. { + The amendments to ORS 135.921 by section 75 of
this 2011 Act apply only to petitions for diversion filed on or
after the effective date of this 2011 Act. + }
SECTION 77. 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 - } { + $361 + } and shall be ordered paid as
follows if the petition is allowed:
(a) { - $136 - } { + $161 + } to be { - credited and
distributed under ORS 137.295 as an obligation payable to the
state - } { + paid to the Criminal Fine Account + };
{ + and + }
(b) { - $100 - } { + $200 + } to be treated as provided for
disposition of fines { - and costs under ORS 153.630; and - }
{ + under sections 47 to 50 of this 2011 Act, except that the
payments provided for in sections 47 (2)(a), 48 (1)(a), (2)(a)
and (3)(a) and 49 (1)(a), 2)(a) and (3)(a) shall not be made. + }
{ - (c) $25 to be paid to the Director of the Oregon Health
Authority 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 $150 directly
to the agency or organization providing the diagnostic
assessment.
SECTION 78. { + The amendments to ORS 813.240 by section 77 of
this 2011 Act apply only to petitions for diversion filed on or
after the effective date of this 2011 Act. + }
SECTION 78a. ORS 813.270 is amended to read:
813.270. The Intoxicated Driver Program Fund is created to
consist of moneys { - placed in - } { + allocated to + } the
fund under ORS
{ - 813.030 and 813.240 - } { + 137.300 + } or as otherwise
provided by law and of gifts and grants made to the fund for
carrying out the purposes of the fund. The moneys in the fund may
be used only for the following purposes:
(1) To pay for providing treatment for individuals who enter
diversion agreements under ORS 813.200 and who are found to be
indigent. Payment for treatment under this subsection may include
treatment for problem drinking, alcoholism or drug dependency.
Payment shall be made as provided by the Director of the Oregon
Health Authority by rule to agencies or organizations providing
treatment.
(2) To pay for evaluation as provided by law of programs used
for diversion agreements.
(3) To pay the cost of administration of the fund by the Oregon
Health Authority.
(4) To pay for materials, resources and training supplied by
the authority to those persons, organizations or agencies
performing the diagnostic assessments or providing education or
treatment to persons under diversion agreements.
(5) To pay for providing treatment programs required under ORS
813.020 and treatment or information programs required under ORS
471.432 for individuals who are found to be indigent.
(6) To pay for special services required to enable a person
with a disability, or a person whose proficiency in the use of
English is limited because of the person's national origin, to
participate in treatment programs that are used for diversion
agreements under ORS 813.200 or are required under ORS 813.020.
This subsection applies:
(a) Whether or not the person is indigent; and
(b) Only to special services required solely because of the
person's disability or limited proficiency in the use of English.
{ +
SPECIFIC FINE VIOLATIONS + }
SECTION 79. ORS 163.575 is amended to read:
163.575. (1) A person commits the crime of endangering the
welfare of a minor if the person knowingly:
(a) Induces, causes or permits an unmarried person under 18
years of age to witness an act of sexual conduct or
sadomasochistic abuse as defined by ORS 167.060; or
(b) Permits a person under 18 years of age to enter or remain
in a place where unlawful activity involving controlled
substances is maintained or conducted; or
(c) Induces, causes or permits a person under 18 years of age
to participate in gambling as defined by ORS 167.117; or
(d) Distributes, sells, or causes to be sold, tobacco in any
form to a person under 18 years of age; or
(e) Sells to a person under 18 years of age any device in which
tobacco, marijuana, cocaine or any controlled substance, as
defined in ORS 475.005, is burned and the principal design and
use of which is directly or indirectly to deliver tobacco smoke,
marijuana smoke, cocaine smoke or smoke from any controlled
substance into the human body including but not limited to:
(A) Pipes, water pipes, hookahs, wooden pipes, carburetor
pipes, electric pipes, air driven pipes, corncob pipes,
meerschaum pipes and ceramic pipes, with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(B) Carburetion tubes and devices, including carburetion masks;
(C) Bongs;
(D) Chillums;
(E) Ice pipes or chillers;
(F) Cigarette rolling papers and rolling machines; and
(G) Cocaine free basing kits.
(2) Endangering the welfare of a minor by violation of
subsection (1)(a), (b), (c) or (e) of this section, involving
other than a device for smoking tobacco, is a Class A
misdemeanor.
(3) Endangering the welfare of a minor by violation of
subsection (1)(d) of this section or by violation of subsection
(1)(e) of this section, involving a device for smoking tobacco,
is a Class A violation { - and the court shall impose a fine of
not less than $100 - } .
SECTION 80. ORS 165.107, as amended by section 5, chapter 56,
Oregon Laws 2010, is amended to read:
165.107. (1) Before completing a transaction, a scrap metal
business engaged in business in this state shall:
(a) Create a metal property record for the transaction at the
time and in the location where the transaction occurs. The record
must:
(A) Be accurate and written clearly and legibly in English;
(B) Be entered onto a standardized printed form or an
electronic form that is securely stored and is capable of ready
retrieval and printing; and
(C) Contain all of the following information:
(i) The signature of the individual with whom the scrap metal
business conducts the transaction.
(ii) The time, date, location and monetary amount or other
value of the transaction.
(iii) The name of the employee who conducts the transaction on
behalf of the scrap metal business.
(iv) The name, street address and telephone number of the
individual with whom the scrap metal business conducts the
transaction. The metal property record may contain an address
other than a street address if the address is listed on the
government-issued photo identification described in
sub-subparagraph (vi) of this subparagraph.
(v) A description of, and the license number and issuing state
shown on the license plate affixed to, the motor vehicle, if any,
used to transport the individual who conducts, or the nonferrous
metal property or private metal property that is the subject of,
the transaction.
(vi) A photocopy of a current, valid driver license or other
government-issued photo identification belonging to the
individual with whom the scrap metal business conducts the
transaction.
(vii) A photograph of, or video surveillance recording
depicting, a recognizable facial image of the individual with
whom the scrap metal business conducts the transaction.
(viii) A general description of the nonferrous metal property
or private metal property that constitutes the predominant part
of the transaction. The description must include any identifiable
marks on the property, if readily discernible, and must specify
the weight, quantity or volume of the nonferrous metal property
or private metal property.
(b) Require the individual with whom the scrap metal business
conducts a transaction to sign and date a declaration printed in
conspicuous type, either on the record described in this
subsection or on a receipt issued to the individual with whom the
scrap metal business conducts the transaction, that states:
_________________________________________________________________
I, __________, AFFIRM UNDER PENALTY OF LAW THAT THE PROPERTY I AM
SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF MY KNOWLEDGE,
STOLEN PROPERTY.
_________________________________________________________________
(c) Require the employee of the scrap metal business who
conducts the transaction on behalf of the scrap metal business to
witness the individual sign the declaration, and also to sign and
date the declaration in a space provided for that purpose.
(d) For one year following the date of the transaction, keep a
copy of the record and the signed and dated declaration described
in this subsection. If the scrap metal business uses a video
surveillance recording as part of the record kept in accordance
with this subsection, the scrap metal business need not keep the
video surveillance recording for one year, but shall retain the
video surveillance recording for a minimum of 30 days following
the date of the transaction. The scrap metal business shall at
all times keep the copies at the current place of business for
the scrap metal business.
(2) A scrap metal business engaged in business in this state
may not do any of the following:
(a) Purchase or receive kegs or similar metallic containers
used to store or dispense alcoholic beverages, except from a
person that manufactures the kegs or containers or from a person
licensed by the Oregon Liquor Control Commission under ORS
471.155.
(b) Conduct a transaction with an individual if the individual
does not at the time of the transaction consent to the creation
of the record described in subsection (1) of this section and
produce for inspection a valid driver license or other
government-issued photo identification that belongs to the
individual.
(c) Conduct a transaction with an individual in which the scrap
metal business pays the individual other than by mailing a
nontransferable check for the amount of the transaction to the
address the individual provided under subsection (1)(a)(C)(iv) of
this section not earlier than three business days after the date
of the transaction. The check must be drawn on an account that
the scrap metal business maintains with a financial institution,
as defined in ORS 706.008.
(d) Cash a check issued in payment for a transaction or release
a check issued in payment for a transaction other than as
provided in paragraph (c) of this subsection. If a check is
returned as undelivered or undeliverable, the scrap metal
business shall retain the check until the individual with whom
the scrap metal business conducted the transaction provides a
valid address in accordance with subsection (1)(a)(C)(iv) of this
section. If after 30 days following the date of the transaction
the individual fails to provide a valid address, the scrap metal
business may cancel the check and the individual shall forfeit to
the scrap metal business the amount due as payment.
(3) Before purchasing or receiving metal property from a
commercial seller, a scrap metal business shall:
(a) Create and maintain a commercial account with the
commercial seller. As part of the commercial account, the scrap
metal business shall enter accurately, clearly and legibly in
English onto a standardized printed form, or an electronic form
that is securely stored and is capable of ready retrieval and
printing, the following information:
(A) The full name of the commercial seller;
(B) The business address and telephone number of the commercial
seller; and
(C) The full name of each employee, agent or other individual
the commercial seller authorizes to deliver metal property to the
scrap metal business.
(b) Record as part of the commercial account at the time the
scrap metal business purchases or receives metal property from a
commercial seller the following information:
(A) The time, date and location at which the commercial seller
delivered the metal property for purchase or receipt;
(B) The monetary amount or other value of the metal property;
(C) A description of the type of metal property that
constitutes the predominant part of the purchase or receipt; and
(D) The signature of the individual who delivered the metal
property to the scrap metal business.
(4) A scrap metal business may require an individual from whom
the business obtains metal property to provide the individual's
thumbprint to the scrap metal business.
(5) A scrap metal business shall make all records and accounts
required to be maintained under this section available to any
peace officer on demand.
(6)(a) { - A scrap metal business that violates a provision
of subsections (1) to (3) of this section shall pay a fine of
$1,000. - } { + Violation of subsections (1) to (3) of this
section is a specific fine violation, and the presumptive fine
for the violation is $1,000. + }
(b) Notwithstanding paragraph (a) of this subsection, { - a
scrap metal business that violates - } { + the presumptive fine
for a violation of + } a provision of subsections (1) to (3) of
this section
{ - shall pay a fine of - } { + is + } $5,000 if the scrap
metal business has at least three previous convictions for
violations of a provision of subsections (1) to (3) of this
section.
(7) The definitions in ORS 165.116 apply to this section.
SECTION 81. ORS 167.808 is amended to read:
167.808. (1) For the purposes of this section:
(a) 'Inhalant' means any glue, cement or other substance that
is capable of causing intoxication and that contains one or more
of the following chemical compounds:
(A) Acetone;
(B) Amyl acetate;
(C) Benzol or benzene;
(D) Butane;
(E) Butyl acetate;
(F) Butyl alcohol;
(G) Carbon tetrachloride;
(H) Chloroform;
(I) Cyclohexanone;
(J) Difluoroethane;
(K) Ethanol or ethyl alcohol;
(L) Ethyl acetate;
(M) Hexane;
(N) Isopropanol or isopropyl alcohol;
(O) Isopropyl acetate;
(P) Methyl cellosolve acetate;
(Q) Methyl ethyl ketone;
(R) Methyl isobutyl ketone;
(S) Nitrous oxide;
(T) Toluol or toluene;
(U) Trichloroethylene;
(V) Tricresyl phosphate;
(W) Xylol or xylene; or
(X) Any other solvent, material, substance, chemical or
combination thereof having the property of releasing toxic vapors
or fumes.
(b) 'Intoxication' means any mental or physical impairment or
incapacity.
(2) It is unlawful for a person to possess any inhalant if the
person intends to use the inhalant for the purpose of inducing
intoxication in the person who possesses the inhalant or for the
purpose of inducing intoxication in any other person.
(3) A person may not use any inhalant for the purpose of
inducing intoxication in the person using the inhalant or for the
purpose of inducing intoxication in any other person.
(4) The prohibitions of this section do not apply to any
substance that:
(a) Has been prescribed by a health practitioner, as described
in ORS 31.740, and that is used in the manner prescribed by the
health practitioner; or
(b) Is administered or used under the supervision of a health
practitioner, as described in ORS 31.740.
(5)(a) Any person who violates this section commits a
violation. Violation of this section is { - punishable by a
fine of not more than $300 - } { + a Class C violation + }. In
addition to or in lieu of a fine, a juvenile court may require
that a minor who engages in conduct prohibited by this section be
provided with treatment and counseling.
(b) Notwithstanding paragraph (a) of this subsection, a second
or subsequent violation of this section by a person is a Class B
misdemeanor. If a juvenile court finds that a minor has engaged
in conduct prohibited by this section on a second or subsequent
occasion, the court shall require that the minor receive
treatment and counseling.
SECTION 82. ORS 208.990 is amended to read:
208.990. Any county treasurer failing to comply with ORS
208.020 for a period of 10 days commits a Class A violation
{ - and the court shall impose a fine of not less than $500 - }
.
SECTION 83. ORS 308.990 is amended to read:
308.990. (1) Violation of ORS 308.320 (3) or of ORS 308.330 is
a { + Class A + } misdemeanor. The judgment of conviction of any
assessor for such a violation shall of itself work a forfeiture
of the office of the assessor.
(2) Any taxpayer or managing officer thereof who fails to
furnish, after written demand so to do by the assessor or the
county board of property tax appeals having jurisdiction or the
Department of Revenue, any information or, upon like demand,
fails to produce any books, records, papers or documents required
by ORS 308.285 or 308.335 to be furnished by the taxpayer or
managing officer to the county assessor, the county board of
property tax appeals or the Department of Revenue, { - is
guilty of a - } { + commits a Class A + } misdemeanor
{ - and, upon conviction, is punishable by a fine of not less
than $25 nor more than $1,000. Circuit courts shall have
jurisdiction in the trial of such offenses - } .
(3) Any person, firm, association or corporation, or agent or
managing officer thereof, who presents or furnishes to the
Director of the Department of Revenue any statement, required by
ORS 308.335 or required by the director under the authority of
ORS 308.335, that is willfully false or fraudulent, commits a
Class A violation { - and upon conviction the court shall
impose a fine of not less than $100 - } .
(4) Any person who willfully presents or furnishes to the
director any statement required by ORS 308.505 to 308.665 that is
false or fraudulent { - is guilty of - } { + commits + }
perjury and, upon conviction, shall be punished as otherwise
provided by law for such crime.
(5) Subject to ORS 153.022, any willful violation of ORS
308.413 or of any rules adopted under ORS 308.413 is
{ - punishable, upon conviction, by a fine not exceeding
$10,000, or by imprisonment in the county jail for not more than
one year, or by both - } { + a Class A misdemeanor + }.
SECTION 84. ORS 311.990 is amended to read:
311.990. (1) Violation of ORS 311.270 is a Class B violation
{ - , and upon conviction, the court shall impose a fine of not
less than $100 - } .
(2) Violation of ORS 311.350 is { - punishable, upon
conviction, by a fine not exceeding $500 or by imprisonment in
the county jail not exceeding six months - } { + a Class B
misdemeanor + }.
(3) Violation of ORS 311.425 (1) is a Class A violation.
(4) If a tax collector fails to comply with any of the
provisions of law relating to the receiving and receipting of
moneys and warrants collected by the tax collector for taxes, the
tax collector commits a Class A violation { - , and upon
conviction thereof, the court shall impose a fine of not less
than $100 - } . The court before whom the tax collector is tried
shall declare the office of the tax collector vacant for the
remainder of the term of the tax collector.
(5) If a tax collector willfully returns as unpaid any tax
which has been paid to the tax collector, the tax collector
{ - shall be deemed guilty of a misdemeanor and, upon conviction
thereof, be punished by a fine not exceeding $500, or by
imprisonment not exceeding six months, or both - } { + commits
a Class B misdemeanor + }.
(6) If a tax collector or sheriff neglects or refuses to pay
over all moneys collected by the tax collector or sheriff for
taxes to the county treasurer, or neglects or refuses to make a
return of delinquent taxes of the county, or any other return or
statement, as required by the laws relating to the collection of
property taxes, the tax collector or sheriff { - shall be
liable to be indicted therefor and, upon conviction, be punished
by a fine of not less than $100 nor more than $1,000, or by
imprisonment not less than six months nor more than six years, or
by both - } { + commits a Class C felony + }.
(7) A person who knowingly makes a false oath under ORS 311.666
to 311.701 { - is guilty of - } { + commits + } perjury and
shall be punished as provided by ORS 162.085.
SECTION 84a. ORS 433.855 is amended to read:
433.855. (1) The Oregon Health Authority, in accordance with
the provisions of ORS chapter 183:
(a) Shall adopt rules necessary to implement the provisions of
ORS 433.835 to 433.875 and 433.990 (5);
(b) Shall be responsible for compliance with such rules; and
(c) May impose a civil penalty not to exceed { - the amount
specified in ORS 433.990 (5) - } { + $500 per day + } for each
violation of a rule of the authority applicable to ORS 433.845 or
433.850, to be collected in the manner provided in ORS 441.705 to
441.745. All penalties recovered shall be paid into the State
Treasury and credited to the Tobacco Use Reduction Account
established under ORS 431.832.
(2) In carrying out its duties under this section, the
authority is not authorized to require any changes in ventilation
or barriers in any public place or place of employment. However,
nothing in this subsection is intended to limit the power of the
authority to impose any requirements under any other provision of
law.
(3) In public places which the authority regularly inspects,
the authority shall check for compliance with the provisions of
ORS 433.835 to 433.875 and 433.990 (5). In other public places
and places of employment, the authority shall respond in writing
or orally by telephone to complaints, notifying the proprietor or
person in charge of responsibilities of the proprietor or person
in charge under ORS 433.835 to 433.875 and 433.990 (5). If
repeated complaints are received, the authority may take
appropriate action to ensure compliance.
(4) When a county has received delegation of the duties and
responsibilities under ORS 446.425 and 448.100, or contracted
with the authority under ORS 190.110, the county shall be
responsible for enforcing the provisions of ORS 433.835 to
433.875 and 433.990 (5) and shall have the same enforcement power
as the authority.
SECTION 85. ORS 433.990 is amended to read:
433.990. (1) Violation of ORS 433.004 or 433.008, 433.255,
433.260 or 433.715 is a Class A misdemeanor.
(2) Violation of ORS 433.010 is { - punishable, upon
conviction, by imprisonment in the custody of the Department of
Corrections for not more than three years - } { + a Class C
felony + }.
(3) Violation of ORS 433.035 is { - punishable upon
conviction by a fine of not less than $10 nor more than $100, or
by imprisonment for not less than 10 days nor more than 30 days,
or by both - } { + a Class C misdemeanor + }.
(4) Violation of ORS 433.131 is a Class D violation
{ - punishable by fines totaling not more than $50 per day, not
to exceed $1,000 in any 30-day period - } .
(5) Violation of ORS 433.850 is a Class A violation
{ - punishable by a fine of not more than $500 per day - } .
Fines imposed against a single employer under this subsection may
not exceed $2,000 in any 30-day period.
(6) Violation of ORS 433.345 or 433.365 is a Class B violation.
Failure to obey any lawful order of the Director of the Oregon
Health Authority issued under ORS 433.350 is a Class C
misdemeanor.
(7) Any organizer, as defined in ORS 433.735, violating ORS
433.745 { - is - } { + commits a specific fine violation + }
punishable { - , upon conviction, - } by a fine of not more
than $10,000.
SECTION 86. ORS 468.936, as amended by section 14, chapter 267,
Oregon Laws 2009, is amended to read:
468.936. (1) A person commits the crime of unlawful air
pollution in the second degree if the person knowingly violates
any applicable requirement of ORS chapter 468A or a permit, rule
or order adopted or issued under ORS chapter 468A.
(2) { - Notwithstanding ORS 161.515 and - } Subject to ORS
153.022, unlawful air pollution in the second degree is a
{ - criminal offense - } { + specific fine violation + }
punishable { - solely - } by a fine of
{ - up to - } { + not more than + } $25,000.
SECTION 87. ORS 471.410 is amended to read:
471.410. (1) A person may not sell, give or otherwise make
available any alcoholic liquor to any person who is visibly
intoxicated.
(2) No one other than the person's parent or guardian may sell,
give or otherwise make available any alcoholic liquor to a person
under the age of 21 years. A parent or guardian may give or
otherwise make alcoholic liquor available to a person under the
age of 21 years only if the person is in a private residence and
is accompanied by the parent or guardian. A person violates this
subsection who sells, gives or otherwise makes available
alcoholic liquor to a person with the knowledge that the person
to whom the liquor is made available will violate this
subsection.
(3)(a) A person who exercises control over private real
property may not knowingly allow any other person under the age
of 21 years who is not a child or minor ward of the person to
consume alcoholic liquor on the property, or allow any other
person under the age of 21 years who is not a child or minor ward
of the person to remain on the property if the person under the
age of 21 years consumes alcoholic liquor on the property.
(b) This subsection:
(A) Applies only to a person who is present and in control of
the location at the time the consumption occurs;
(B) Does not apply to the owner of rental property, or the
agent of an owner of rental property, unless the consumption
occurs in the individual unit in which the owner or agent
resides; and
(C) Does not apply to a person who exercises control over a
private residence if the liquor consumed by the person under the
age of 21 years is supplied only by an accompanying parent or
guardian.
(4) This section does not apply to sacramental wine given or
provided as part of a religious rite or service.
(5) Except as provided in subsection (6) of this section, a
person who violates subsection (1) or (2) of this section commits
a Class A misdemeanor. Upon violation of subsection (2) of this
section, the court shall impose at least a mandatory minimum
sentence as follows:
(a) Upon a first conviction, a fine of at least $500.
(b) Upon a second conviction, a fine of at least $1,000.
(c) Upon a third or subsequent conviction, a fine of at least
$1,500 and not less than 30 days of imprisonment.
(6)(a) A person who violates subsection (2) of this section is
subject to a mandatory minimum penalty under this subsection if
the person does not act knowingly or intentionally and:
(A) Is licensed or appointed under this chapter; or
(B) Is an employee of a person licensed or appointed under this
chapter and holds a valid service permit or has attended a
program approved by the Oregon Liquor Control Commission that
provides training to avoid violations of this section.
(b) For a person described in paragraph (a) of this subsection:
(A) A first conviction is a Class A violation. { - The court
shall impose a mandatory fine of not less than $350. - }
(B) A second conviction is a { - Class A - } { + specific
fine + } violation { + , and the presumptive fine for the
violation is $720 + }.
{ - The court shall impose a mandatory fine of not less than
$720. - }
(C) A third conviction is a Class A misdemeanor. The court
shall impose a mandatory fine of not less than $1,000.
(D) A fourth or subsequent conviction is a Class A misdemeanor.
The court shall impose a mandatory fine of not less than $1,000
and a mandatory sentence of not less than 30 days of
imprisonment.
(7) The court may waive an amount that is at least $200 but not
more than one-third of the fine imposed under subsection (5) of
this section, if the violator performs at least 30 hours of
community service.
(8) Except as provided in subsection (7) of this section, the
court may not waive or suspend imposition or execution of the
mandatory minimum sentence required by subsection (5) or (6) of
this section. In addition to the mandatory sentence, the court
may require the violator to make restitution for any damages to
property where the alcoholic liquor was illegally consumed or may
require participation in volunteer service to a community service
agency.
(9) { + (a) Except as provided in paragraph (b) of this
subsection, + } a person who violates subsection (3) of this
section commits a { + Class A + } violation. { - Upon
violation of subsection (3) of this section, the court shall
impose at least a mandatory minimum fine as follows: - }
{ - (a) Upon a first conviction, a fine of $350. - }
{ - (b) Upon a second or subsequent conviction, a fine of
$1,000. - }
{ + (b) A second or subsequent violation of subsection (3) of
this section is a specific fine violation, and the presumptive
fine for the violation is $1,000. + }
(10) Nothing in this section prohibits any licensee under this
chapter from allowing a person who is visibly intoxicated from
remaining on the licensed premises so long as the person is not
sold or served any alcoholic liquor.
SECTION 88. ORS 475.860 is amended to read:
475.860. (1) It is unlawful for any person to deliver
marijuana.
(2) Unlawful delivery of marijuana is a:
(a) Class B felony if the delivery is for consideration.
(b) Class C felony if the delivery is for no consideration.
(3) Notwithstanding subsection (2) of this section, unlawful
delivery of marijuana is a:
(a) Class A misdemeanor, if the delivery is for no
consideration and consists of less than one avoirdupois ounce of
the dried leaves, stems and flowers of the plant Cannabis family
Moraceae; or
(b) Violation, if the delivery is for no consideration and
consists of less than five grams of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under
this paragraph is { - punishable by a fine of not less than
$500 and not more than $1,000 - } { + a specific fine
violation + }. { - Fines collected under this paragraph shall
be forwarded to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account established in ORS
137.300. - } { + The presumptive fine for a violation under
this paragraph is $650. + }
(4) Notwithstanding subsections (2) and (3) of this section,
unlawful delivery of marijuana is a:
(a) Class A felony, if the delivery is to a person under 18
years of age and the defendant is at least 18 years of age and is
at least three years older than the person to whom the marijuana
is delivered; or
(b) Class C misdemeanor, if the delivery:
(A) Is for no consideration;
(B) Consists of less than five grams of the dried leaves, stems
and flowers of the plant Cannabis family Moraceae;
(C) Takes place in a public place, as defined in ORS 161.015,
that is within 1,000 feet of the real property comprising a
public or private elementary, secondary or career school attended
primarily by minors; and
(D) Is to a person who is 18 years of age or older.
SECTION 89. ORS 475.864 is amended to read:
475.864. (1) It is unlawful for any person knowingly or
intentionally to possess marijuana.
(2) Unlawful possession of marijuana is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful
possession of marijuana is a violation if the amount possessed is
less than one avoirdupois ounce of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under
this subsection is { - punishable by a fine of not less than
$500 and not more than $1,000 - } { + a specific fine
violation + }. { - Fines collected under this subsection shall
be forwarded to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account established under ORS
137.300. - } { + The presumptive fine for a violation under
this subsection is $650. + }
(4) Notwithstanding subsections (2) and (3) of this section,
unlawful possession of marijuana is a Class C misdemeanor if the
amount possessed is less than one avoirdupois ounce of the dried
leaves, stems and flowers of the plant Cannabis family Moraceae
and the possession takes place in a public place, as defined in
ORS 161.015, that is within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
SECTION 90. ORS 498.993 is amended to read:
498.993. Violation of any provision of ORS 498.029 or 498.400
to 498.464 is a Class A violation, if committed by an individual.
If the violation is committed by any person other than an
individual, violation of any provision of ORS 498.029 or 498.400
to 498.464 is a { + specific fine + } violation punishable by a
fine not to exceed $10,000.
SECTION 90a. ORS 565.630 is amended to read:
565.630. The State Parks and Recreation Director, any county
fair board and every society mentioned in ORS 565.610 may
regulate its prices of admission, licenses and all matters
pertaining to the conduct of its annual fairs, exhibitions or
other public events or meetings. The penalty for violation of its
rules and regulations is { - as provided by ORS 565.990 (2) - }
{ + a Class D violation + }.
SECTION 91. ORS 565.990 is amended to read:
565.990. { - (1) - } Violation of ORS 565.610 { + or
565.620 + } is a Class D violation. { - Any person who, after
conviction and fine for a violation of ORS 565.610, repeats the
offense shall, upon conviction, be fined double the maximum
amount imposed by this subsection for the first violation. - }
{ - (2) Violation of ORS 565.620 is punishable, upon
conviction, by a fine of $5. - }
SECTION 92. ORS 686.990 is amended to read:
686.990. (1) Violation of ORS 686.020 (1)(a) is a Class A
misdemeanor.
(2) In addition to any other sanction imposed by law, the
Oregon State Veterinary Medical Examining Board may impose a
civil penalty not to exceed $5,000 for each violation of ORS
686.020 (1).
(3) Failure to file a report of suspected aggravated animal
abuse as required by ORS 686.455 is { - punishable by a fine of
not more than $1,000 - } { + a Class A violation + }.
SECTION 93. ORS 757.990 is amended to read:
757.990. (1) Any person or municipality, or their agents,
lessees, trustees or receivers, who omits, fails or refuses to do
any act required by ORS 757.035, or fails to comply with any
orders, rules or regulations of the Public Utility Commission
made in pursuance of ORS 757.035, shall forfeit and pay into the
State Treasury a sum of not less than $100, nor more than $10,000
for each such offense.
(2) Any public utility { + , or an officer or agent of a public
utility, + } violating ORS 757.310 commits a Class A violation
{ - and upon conviction the court shall impose a fine of not
less than $100 - } . { - Violation of ORS 757.310 by an officer
or agent of a public utility is punishable, upon conviction, by a
fine of not less than $50 nor more than $100 for each
offense. - }
{ - (3) Any person violating ORS 757.325 shall, upon
conviction, forfeit and pay to the State Treasurer not less than
$100 and not more than $10,000 for each offense. Violation of ORS
757.325 by any agent or officer of any public utility or person
is punishable, upon conviction, by a fine of not less than $100
and not more than $1,000 for each offense. - }
{ + (3) Violation of ORS 757.325 is a Class A violation.
Notwithstanding ORS 153.018, if a person other than an individual
commits the violation, the maximum fine for the violation is
$10,000. + }
(4) Violation of ORS 757.330 is a Class A violation.
(5) Violation of ORS 757.445 is { - punishable, upon
conviction, by a fine of not less than $500 nor - } { + a
specific fine violation subject to a fine of not + } more than
$20,000 for each offense.
(6) Violation of ORS 757.450 is a { + Class C + } felony and
is punishable { - , upon conviction, by a fine of not less than
$1,000 nor more than $20,000, or by imprisonment in the custody
of the Department of Corrections for not less than one nor more
than five years, or both - } .
SECTION 94. ORS 759.990 is amended to read:
759.990. (1) Any telecommunications utility violating ORS
759.260 commits a Class A violation { - , and upon conviction
the court shall impose a fine of not less than $100 - } .
Violation of ORS 759.260 by an officer or agent of a
telecommunications utility is a Class D violation.
(2) { - Any person violating ORS 759.275 shall, upon
conviction, forfeit and pay to the State Treasurer not less than
$100 and not more than $10,000 for each offense. Violation of ORS
759.275 by any agent or officer of any telecommunications utility
or person is punishable, upon conviction, by a fine of not less
than $100 and not more than $1,000 for each offense. - } { +
Violation of ORS 759.275 is a specific fine violation punishable
by a fine of not more than $10,000. + }
(3) Violation of ORS 759.280 is a Class A violation.
(4) Violation of ORS 759.355 is { + a specific fine
violation + } punishable { - , upon conviction, - } by a fine
of not { - less than $500 nor - } more than $20,000 { - for
each offense - } .
(5) Violation of ORS 759.360 is a { + Class C + } felony
{ - and is punishable, upon conviction, by a fine of not less
than $1,000 nor more than $20,000, or by imprisonment in the
penitentiary for not less than one nor more than five years, or
both - } .
(6) A telecommunications carrier, as defined in ORS 759.400,
shall forfeit a sum of not less than $100 nor more than $50,000
for each time that the carrier:
(a) Violates any statute administered by the Public Utility
Commission;
(b) Commits any prohibited act, or fails to perform any duty
enjoined upon the carrier by the commission;
(c) Fails to obey any lawful requirement or order made by the
commission; or
(d) Fails to obey any judgment made by any court upon the
application of the commission.
(7) In construing and enforcing subsection (6) of this section,
the act, omission or failure of any officer, agent or other
person acting on behalf of or employed by a telecommunications
carrier and acting within the scope of the person's employment
shall in every case be deemed to be the act, omission or failure
of such telecommunications carrier.
(8) Except when provided by law that a penalty, { - fine, - }
forfeiture or other sum be paid to the aggrieved party, all
penalties, { - fines, - } forfeitures or other sums collected
or paid under subsection (6) of this section shall be paid into
the General Fund and credited to the Public Utility Commission
Account.
SECTION 95. ORS 777.990 is amended to read:
777.990. (1) Failure by a port treasurer, or county treasurer
charged with the duties provided by ORS 777.515, to comply with
the requirements of that section for a period of 10 days is a
Class A violation { - , and upon conviction the court shall
impose a fine of not less than $500 - } .
(2) Subject to ORS 153.022, any person violating a regulation
adopted by a port board under ORS 777.120 or 777.190 { - shall
be guilty of - } { + commits + } a { + Class A + } misdemeanor
{ - and upon conviction shall be punished by a fine of not more
than $250 - } .
SECTION 95a. ORS 801.557 is amended to read:
801.557. 'Traffic violation' means a traffic offense that is
designated as a traffic violation in the statute defining the
offense, or any other offense defined in the Oregon Vehicle Code
that is punishable by a fine but that is not punishable by a term
of imprisonment. Penalties for traffic violations are as provided
for violations generally in ORS { - 153.018 - } { + chapter
153 + }.
SECTION 96. ORS 811.109 is amended to read:
811.109. (1) Violation of a specific speed limit imposed under
law or of a posted speed limit is punishable as follows:
(a) One to 10 miles per hour in excess of the speed limit is a
Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the speed limit is a
Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the speed limit is a
Class B traffic violation.
(d) Over 30 miles per hour in excess of the speed limit is a
Class A traffic violation.
(2) Notwithstanding subsection (1) of this section, if the
speed limit is 65 miles per hour or greater and:
(a) The person is exceeding the speed limit by 10 miles per
hour or less, the offense is a Class C traffic violation.
(b) The person is exceeding the speed limit by more than 10
miles per hour but not more than 20 miles per hour, the offense
is a Class B traffic violation.
(c) The person is exceeding the speed limit by more than 20
miles per hour, the offense is a Class A traffic violation.
(3) Violation of the basic speed rule by exceeding a designated
speed posted under ORS 810.180 is punishable as follows:
(a) One to 10 miles per hour in excess of the designated speed
is a Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the designated speed
is a Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the designated speed
is a Class B traffic violation.
(d) Over 30 miles per hour in excess of the designated speed is
a Class A traffic violation.
(4) In addition to a fine imposed under subsection (1), (2) or
(3) of this section, a court may impose a suspension of driving
privileges for up to 30 days if a person exceeds a speed limit or
designated speed by more than 30 miles per hour and the person
has received at least one prior conviction under ORS 811.100 or
811.111 within 12 months of the date of the current offense.
{ - (5) If a person drives 100 miles per hour or greater when
the person commits a violation described in this section, a court
shall impose the following in lieu of a punishment otherwise
imposed under this section: - }
{ - (a) A fine of $1,000; and - }
{ - (b) A suspension of driving privileges for not less than
30 days nor more than 90 days. - }
{ + (5) If a person violates a specific speed limit imposed
under law or a posted speed limit, and the person is driving 100
miles per hour or greater when the violation occurs, the person
commits a specific fine traffic violation. The presumptive fine
for a violation under this subsection is $1,150, and upon
conviction the court shall order a suspension of driving
privileges for not less than 30 days nor more than 90 days. + }
(6) When a court imposes a suspension under subsection (4) or
(5) of this section, the court shall prepare and send to the
Department of Transportation an order of suspension of driving
privileges of the person. Upon receipt of an order under this
subsection, the department shall take action as directed under
ORS 809.280.
SECTION 97. ORS 811.182 is amended to read:
811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The offense described in this section, criminal driving
while suspended or revoked, is a Class B felony if the suspension
or revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle, if the suspension or revocation
resulted from aggravated vehicular homicide or aggravated driving
while suspended or revoked or if the revocation resulted from a
conviction for felony driving while under the influence of
intoxicants.
(4) The offense described in this section, criminal driving
while suspended or revoked, is a Class A misdemeanor if the
suspension or revocation is any of the following:
(a) A suspension under ORS 809.411 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
(b) A revocation under ORS 809.409 (4) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
(A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of a commercial driver license under ORS
809.413 (1) resulting from failure to perform the duties of a
driver under ORS 811.700 while driving a commercial motor
vehicle.
(e) A suspension of a commercial driver license under ORS
809.413 (12) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.
(f) A suspension of a commercial driver license under ORS
809.404.
(g) A revocation resulting from habitual offender status under
ORS 809.640.
(h) A suspension resulting from any crime punishable as a
felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection
(3) of this section.
(i) A suspension for failure to perform the duties of a driver
under ORS 811.705.
(j) A suspension for reckless driving under ORS 811.140.
(k) A suspension for fleeing or attempting to elude a police
officer under ORS 811.540.
(L) A suspension or revocation resulting from misdemeanor
driving while under the influence of intoxicants under ORS
813.010.
(m) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a
person is convicted of the offense described in this section and
the underlying suspension resulted from driving while under the
influence of intoxicants, the court shall impose a
{ + minimum + } fine of at least $1,000 if it is the person's
first conviction for criminal driving while suspended or revoked
and { + a minimum fine of + } at least $2,000 if it is the
person's second or subsequent conviction.
(6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category 6 of
the rules of the Oregon Criminal Justice Commission.
SECTION 98. ORS 811.590 is amended to read:
811.590. (1) A person commits the offense of unlawful parking
in a winter recreation parking area if the person parks a vehicle
in a location designated as a winter recreation parking area
under ORS 810.170 at any time from November 1 of any year to
April 30 of the next year and the vehicle is not displaying a
winter recreation parking permit issued under ORS 811.595.
(2) Unless the police officer issuing the citation witnesses
the parking of the vehicle, a rebuttable presumption exists that
a vehicle parked in violation of this section was parked by the
registered owner of the vehicle. If the parking of the vehicle is
witnessed by the police officer, the operator of the vehicle is
in violation of this section.
(3) In addition to those vehicles displaying a winter
recreation parking permit, the following vehicles are not subject
to the prohibition or penalty under this section:
(a) A vehicle owned and operated by the United States, another
state or a political subdivision thereof.
(b) A vehicle owned and operated by this state or by any city,
district or political subdivision thereof.
(c) A vehicle owned by a resident of another state if the
vehicle displays a winter area parking permit issued in
accordance with the laws of the state in which the owner of the
vehicle resides and that is similar to the winter recreation
parking permit issued under ORS 811.595. The exemption under this
paragraph is only granted to the extent that a similar exemption
or privilege is granted under the laws of the other state for
vehicles displaying a winter recreation parking permit issued
under ORS 811.595.
(4) The offense described in this section, unlawful parking in
a winter recreation parking area, is { - punishable by a fine
of $30 - } { + a specific fine traffic violation + }. { + The
presumptive fine for unlawful parking in a winter recreation
parking area is $30. + }
SECTION 99. ORS 811.615 is amended to read:
811.615. (1) A person commits the offense of unlawful parking
in a space reserved for persons with disabilities if:
(a) The person parks a vehicle in any parking space that is on
private or public property and that is marked or signed to
provide parking for persons with disabilities and the vehicle
does not conspicuously display a disabled person parking permit
described in ORS 811.602 or 811.606 or a disabled parking permit
issued by another jurisdiction;
(b) The person parks a vehicle in the aisle required by ORS
447.233 regardless of whether or not the vehicle displays a
disabled person parking permit; or
(c) The person parks a vehicle in a parking space that is on
private or public property and that is marked or signed '
Wheelchair User Only' as described in ORS 447.233 and the vehicle
does not conspicuously display a 'Wheelchair User ' placard or
decal issued under ORS 811.613.
(2) This section does not apply to any of the following:
(a) Momentarily parking a vehicle in a parking space marked or
signed for persons with disabilities for the purposes of allowing
a person with a disability to enter or leave the vehicle.
(b) Any parking space that is marked or signed to provide
parking for persons with disabilities and that is subject to
different provisions or requirements under city or county
ordinance if the different provisions or requirements are clearly
posted.
(3) Unless the police officer or other authorized person
issuing the citation witnesses the parking of the vehicle, a
rebuttable presumption exists that a vehicle parked in violation
of this section was parked by the registered owner of the vehicle
and the citation issued for the violation may be placed upon the
vehicle. If the parking of the vehicle is witnessed by the police
officer or other person authorized to issue a citation for the
offense, the operator of the vehicle is in violation of this
section.
(4) The penalties provided by this section shall be imposed
regardless of the text or symbol displayed on the marking or sign
reserving the space or aisle for persons with disabilities. The
penalties are in addition to the following:
(a) A vehicle parked on private property in violation of this
section is subject to removal under ORS 98.810 and to lien and
sale under ORS 98.812.
(b) A vehicle parked in violation of this section may be
removed and sold as provided under ORS 811.620.
{ - (5) The offense described in this section, unlawful
parking in a space reserved for persons with disabilities, is a
Class A traffic violation except that a person in violation of
this section shall pay a minimum fine of $190 for the first
offense and a minimum fine of $450 for each subsequent
offense. - }
{ + (5)(a) Except as provided in paragraph (b) of this
subsection, unlawful parking in a space reserved for persons with
disabilities is a Class C traffic violation.
(b) A second or subsequent conviction for unlawful parking in a
space reserved for persons with disabilities is a Class A traffic
violation. + }
{ - (6) Notwithstanding any other provision of law and except
as otherwise provided in subsection (7) of this section: - }
{ - (a) A court may not suspend imposition or execution of a
sentence to pay at least the minimum fine required by this
section for a person's first offense unless the court finds from
clear and convincing evidence that compelling circumstances
require a suspension of a portion of the fine in the interests of
justice. In no event shall a court suspend under this paragraph
more than $140 of the minimum $190 fine. - }
{ - (b) A court may not suspend imposition or execution of a
sentence to pay a fine for a second or subsequent offense. - }
{ - (7) If the court finds that the person who was issued a
citation for the offense described in this section lawfully held,
but failed to properly display, a valid permit at the time of
citation, then the court may suspend all but $20 of the fine. - }
SECTION 99a. ORS 811.617 is amended to read:
811.617. (1) A person commits the offense of blocking a parking
space reserved for persons with disabilities if the person:
(a) Stops or parks a vehicle in such a way as to block access
to a parking space that is on private or public property and that
is marked or signed to provide parking for persons with
disabilities; or
(b) Places an object or allows an object to be placed in such a
manner that it blocks access to a parking space that is on
private or public property and that is marked or signed to
provide parking for persons with disabilities.
(2)(a) Unless the police officer or other authorized person
issuing the citation witnesses the stopping or parking of a
vehicle in violation of subsection (1)(a) of this section, there
is a rebuttable presumption that the vehicle was stopped or
parked by the registered owner of the vehicle and a citation
issued for the violation may be placed upon the vehicle. If the
stopping or parking of the vehicle is witnessed by the police
officer or other person authorized to issue a citation for the
offense, or if the operator is in the vehicle, the operator of
the vehicle is in violation of this section.
(b) Unless the police officer or other authorized person
issuing the citation witnesses the blocking of a parking space in
violation of subsection (1)(b) of this section, there is a
rebuttable presumption that the owner or manager of the parking
lot placed or allowed placement of the object blocking access to
the parking space and a citation may be issued to the owner or
manager of the parking lot. If a police officer or other person
issuing the citation sees a person placing an object in violation
of subsection (1)(b) of this section, the officer or other person
may issue the citation to the person seen.
(3) For purposes of this section, a parking space includes any
adjacent access aisle as described in ORS 447.233.
(4) The offense described in this section, blocking a parking
space reserved for persons with disabilities, is a Class D
traffic violation { - except that a person in violation of this
section shall pay a minimum fine of $50 - } .
{ - Notwithstanding any other provision of law, a court may not
suspend imposition or execution of a sentence to pay at least the
minimum fine required by this section unless the court finds that
the defendant is indigent. - }
SECTION 100. ORS 811.625 is amended to read:
811.625. (1) A person commits the offense of unlawful use of a
disabled person parking permit if the person:
(a) Is not a person with a disability and is not transporting
the holder of a disabled person parking permit to or from the
parking location; and
(b) Uses a disabled person parking permit described under ORS
811.602 or 811.606 to exercise any privileges granted under ORS
811.635.
{ - (2) The offense described in this section, unlawful use
of a disabled person parking permit, is a Class A traffic
violation except that a person in violation of this section shall
pay a minimum fine of $450. Notwithstanding any other provision
of law, a court may not suspend imposition or execution of a
sentence to pay at least the minimum fine required by this
section. - }
{ + (2) Except as provided in subsection (3) of this section,
unlawful use of a disabled person parking permit is a Class C
traffic violation.
(3) A second or subsequent conviction for unlawful use of a
disabled person parking permit is a Class A traffic
violation. + }
SECTION 100a. ORS 811.627 is amended to read:
811.627. (1) A person commits the offense of use of an invalid
disabled person parking permit if the person uses a permit that
is not a valid permit from another jurisdiction, and that:
(a) Has been previously reported as lost or stolen;
(b) Has been altered;
(c) Was issued to a person who is deceased at the time of the
citation;
(d) Has not been issued under ORS 811.602;
(e) Is a photocopy or other reproduction of a permit,
regardless of the permit status; or
(f) Is mutilated or illegible.
(2) Unless the police officer or other authorized person
issuing the citation witnesses the parking of the vehicle, a
rebuttable presumption exists that a vehicle parked in violation
of this section was parked by the registered owner of the vehicle
and the citation issued for the violation may be placed upon the
vehicle. If the parking of the vehicle is witnessed by the police
officer or other person authorized to issue a citation for the
offense, the operator of the vehicle is in violation of this
section.
(3) The offense described in this section, use of an invalid
disabled person parking permit, is a Class A traffic violation
{ - except that a person in violation of this section shall pay
a minimum fine of $450 - } . { - Notwithstanding any other
provision of law and except as provided in subsection (5) of this
section, a court may not suspend imposition or execution of a
sentence to pay at least the minimum fine required by this
section. - }
(4) If the court finds that a person committed the offense
described in this section, the court shall collect the permit and
return it to the Department of Transportation for destruction
unless the person claims the permit was lost or destroyed, or the
police officer or other person authorized to issue a citation for
the offense collected the permit.
(5) If the court finds that a person committed the offense
described in this section by using a permit that was mutilated or
illegible, the court may assess any fine it deems appropriate up
to the maximum amount allowable for the offense. If the mutilated
or illegible permit has been replaced by the department, the
court may dismiss the citation.
SECTION 101. ORS 811.630 is amended to read:
811.630. (1) A person commits the offense of misuse of a
program placard if the person:
(a) Is the driver of a vehicle that is being used as part of a
program for the transportation of persons with disabilities; and
(b) Uses a program placard described under ORS 811.607 for any
purpose other than exercising privileges granted under ORS
811.637.
{ - (2) The offense described in this section, misuse of a
program placard, is a Class A traffic violation except that a
person in violation of this section shall pay a minimum fine of
$190 for a first offense and a minimum fine of $450 for each
subsequent offense. Notwithstanding any other provision of law, a
court may not suspend imposition or execution of a sentence to
pay at least the minimum fine required by this section. - }
{ + (2) Except as provided in subsection (3) of this section,
misuse of a program placard is a Class C traffic violation.
(3) A second or subsequent conviction for misuse of a program
placard is a Class A traffic violation. + }
SECTION 102. ORS 813.095 is amended to read:
813.095. (1) A person commits the offense of refusal to take a
test for intoxicants if the person refuses to:
(a) Take a breath test when requested to do so in accordance
with the provisions of ORS 813.100; or
(b) Take a urine test when requested to do so in accordance
with the provisions of ORS 813.131 and 813.132.
(2) The offense described in this section, refusal to take a
test for intoxicants, is a { + specific fine + } traffic
{ - offense punishable by a fine of at least $500 and not more
than $1,000 - } { + violation + }. { + The presumptive fine
for refusal to take a test for intoxicants is $650. + } The fine
described in this section is in addition to any other consequence
prescribed by law for refusal to take a test for intoxicants.
SECTION 103. ORS 814.485 is amended to read:
814.485. (1) A person commits the offense of failure of a
bicycle operator or rider to wear protective headgear if the
person is under 16 years of age, operates or rides on a bicycle
on a highway or on premises open to the public and is not wearing
protective headgear of a type approved under ORS 815.052.
(2) Exemptions from this section are as provided in ORS
814.487.
(3) The offense described in this section, failure of a bicycle
operator or rider to wear protective headgear, is a { +
specific fine + } traffic violation { - punishable by a maximum
fine of $25 - } . { + The presumptive fine for failure of a
bicycle operator or rider to wear protective headgear is $25. + }
SECTION 104. ORS 814.486 is amended to read:
814.486. (1) A person commits the offense of endangering a
bicycle operator or passenger if:
(a) The person is operating a bicycle on a highway or on
premises open to the public and the person carries another person
on the bicycle who is under 16 years of age and is not wearing
protective headgear of a type approved under ORS 815.052; or
(b) The person is the parent, legal guardian or person with
legal responsibility for the safety and welfare of a child under
16 years of age and the child operates or rides on a bicycle on a
highway or on premises open to the public without wearing
protective headgear of a type approved under ORS 815.052.
(2) Exemptions from this section are as provided in ORS
814.487.
(3) The offense described in this section, endangering a
bicycle operator or passenger, is a { + specific fine + }
traffic violation { - punishable by a maximum fine of $25 - }
. { + The presumptive fine for endangering a bicycle operator or
passenger is $25. + }
SECTION 105. ORS 814.534 is amended to read:
814.534. (1) A person commits the offense of failure of a motor
assisted scooter operator to wear protective headgear if the
person operates a motor assisted scooter on a highway or on
premises open to the public and is not wearing protective
headgear of a type approved under ORS 815.052.
(2) A person is exempt from the protective headgear requirement
of subsection (1) of this section if wearing the headgear would
violate a religious belief or practice of the person.
(3) The first time a person is convicted of an offense under
this section, the person may not be required to pay a fine if the
person proves to the satisfaction of the court that the person
has protective headgear of a type approved under ORS 815.052.
(4) The offense described in this section, failure of a motor
assisted scooter operator to wear protective headgear, is a { +
specific fine + } traffic violation { - punishable by a maximum
fine of $25 - } . { + The presumptive fine for failure of a
motor assisted scooter operator to wear protective headgear is
$25. + }
SECTION 106. ORS 814.536 is amended to read:
814.536. (1) A person commits the offense of endangering a
motor assisted scooter operator if the person is the parent,
legal guardian or person with legal responsibility for the safety
and welfare of a child under 16 years of age and authorizes or
knowingly permits the child to operate a motor assisted scooter
in violation of ORS 814.512 (1)(a).
(2) The offense described in this section, endangering a motor
assisted scooter operator, is a { + specific fine + } traffic
violation { - punishable by a maximum fine of $25 - } . { +
The presumptive fine for endangering a motor assisted scooter
operator is $25. + }
SECTION 107. ORS 814.600 is amended to read:
814.600. (1) A person commits the offense of failure of a
skateboarder, scooter rider or in-line skater to wear protective
headgear if the person is under 16 years of age, rides on a
skateboard or scooter or uses in-line skates on a highway or on
premises open to the public and is not wearing protective
headgear of a type approved under ORS 815.052.
(2) The offense described in this section, failure of a
skateboarder, scooter rider or in-line skater to wear protective
headgear, is a { + specific fine + } traffic violation
punishable by a maximum fine of $25. { + The presumptive fine
for failure of a skateboarder, scooter rider or in-line skater to
wear protective headgear is $25. + }
SECTION 108. ORS 818.430 is amended to read:
818.430. This section establishes schedules of
{ - penalties - } { + presumptive fines + } for violations of
maximum weight requirements under the vehicle code. The
particular schedule applicable is the schedule designated in the
section establishing the offense. Upon conviction, a person is
punishable by a fine and other penalty established in the
schedule. Fines are based upon the excess weight by which any
loaded weight exceeds the applicable loaded weight authorized in
the provision, permit, order or resolution the person violates.
The schedules are as follows:
(1) Except as provided in subsection (2) of this section, the
{ - penalties - } { + presumptive fines + } under Schedule I
are as provided in this subsection. If the excess weight is:
(a) One thousand pounds or less { + , + } { - by a fine of
$5 - } { + the presumptive fine is $__ + } .
(b) More than 1,000 pounds, but not in excess of 2,000 pounds,
{ - by a fine of not less than $30 - } { + the presumptive
fine is $__ + } .
(c) More than 2,000 pounds, but not in excess of 3,000 pounds,
{ - by a fine of not more than - } { + the presumptive fine is
an amount equal to + }three cents per pound for each pound of
the excess weight.
(d) More than 3,000 pounds, but not in excess of 5,000 pounds,
{ - the fine shall be - } { + the presumptive fine is an
amount equal to + }five cents per pound for each pound of the
excess weight.
(e) More than 5,000 pounds, but not in excess of 7,500 pounds,
{ - the fine shall be - } { + the presumptive fine is an
amount equal to + }13 cents per pound for each pound of the
excess weight.
(f) More than 7,500 pounds, but not in excess of 10,000 pounds,
{ - the fine shall be - } { + the presumptive fine is an
amount equal to + }15 cents per pound for each pound of the
excess weight.
(g) More than 10,000 pounds, but not in excess of 12,500
pounds, { - the fine shall be - } { + the presumptive fine is
an amount equal to + }19 cents for each pound of the excess
weight.
(h) More than 12,500 pounds over the allowable weight, { + the
presumptive fine is an amount equal to + }24 cents per pound for
each pound of excess weight.
(2) The { - penalties - } { + presumptive fines + } under
Schedule I for trucks that are described in this subsection shall
be one-half the amount stated in subsection (1) of this section
{ - , except that the penalty may not be less than $5 - } . This
subsection applies to trucks that are all of the following:
(a) Registered as farm vehicles under ORS 805.300;
(b) Transporting agricultural products;
(c) Loaded in the field without benefit of a scale; and
(d) Not more than 3,000 pounds over the maximum weight limit.
(3) The { - penalties - } { + presumptive fines + } under
Schedule II are as provided in this subsection. If the excess
weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds,
{ - the fine shall be - } { + the presumptive fine is an
amount equal to + } $100 plus 10 cents per pound of the excess
weight.
(b) More than 5,000 pounds, but not in excess of 10,000 pounds,
{ - the fine shall be - } { + the presumptive fine is an
amount equal to + } $250 plus 15 cents per pound of the excess
weight.
(c) More than 10,000 pounds, { - the fine shall be - }
{ + the presumptive fine is an amount equal to + } $500 plus 30
cents per pound of the excess weight.
(4) { - The per pound penalty in subsection (3) of this
section shall be waived by the court and the fine - } { +
Notwithstanding section 4 of this 2011 Act, the fine imposed
under subsection (3) of this section + }shall be not more than
$100 if a person charged with an offense punishable under
Schedule II produces in court a second valid variance permit
issued under ORS 818.200 authorizing a loaded weight equal to or
greater than the actual loaded weight of the vehicle, combination
of vehicles, axle, tandem axles or group of axles upon which the
citation was based.
(5) The penalties under Schedule III are as provided in this
subsection and are in addition to any suspension of operator's
license under ORS 809.120 or any suspension of vehicle
registration under ORS 809.120. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the
{ + presumptive + } fine shall be $100 plus 15 cents per pound
for each pound of the excess weight.
(b) More than 5,000 pounds but not in excess of 10,000 pounds,
the { + presumptive + } fine shall be $250 plus 20 cents per
pound for each pound of excess weight.
(c) More than 10,000 pounds, the { - penalty shall be a fine
of $500 plus 30 cents per pound for each pound of excess weight
or imprisonment in the county or municipal jail for not less than
30 days nor more than 60 days, or both - } { + operator commits
a Class C misdemeanor + }.
SECTION 109. ORS 824.992 is amended to read:
824.992. (1) Violation of ORS 824.062 is a Class D violation.
(2) Violation of ORS 824.064 is a { + Class A + } misdemeanor.
(3) Violation of ORS 824.082 (1), 824.084 or 824.088 by a
railroad is a Class A violation.
(4) Violation of ORS 824.082 (2) is a Class A violation.
(5) As used in subsection (3) of this section, 'railroad '
means a railroad as defined by ORS 824.020 and 824.022.
(6) Subject to ORS 153.022, violation of ORS 824.104 (1),
824.106 or 824.108 or any rule promulgated pursuant thereto is a
Class A violation { - , and upon conviction the court shall
impose a fine of not less than $100 - } .
(7) A person is subject to the penalties under subsection (8)
of this section if the person knowingly:
(a) Transports by railroad any hazardous waste listed under ORS
466.005 or rules adopted thereunder to a facility that does not
have appropriate authority to receive the waste under ORS 466.005
to 466.385 and 466.992.
(b) Disposes of any hazardous waste listed under ORS 466.005 or
rules adopted thereunder without appropriate authority under ORS
466.005 to 466.385 and 466.992.
(c) Materially violates any terms of permit or authority issued
to the person under ORS 466.005 to 466.385 and 466.992 in the
transporting or disposing of hazardous waste.
(d) Makes any false material statement or representation in any
application, label, manifest, record, report, permit or other
document filed, maintained or used for purposes of compliance
with requirements under ORS 824.050 to 824.110 for the safe
transportation of hazardous wastes.
(e) Violates any rules adopted by the Department of
Transportation concerning the transportation of hazardous wastes.
(8) Subject to ORS 153.022, violation of subsection (7) of this
section is { - subject to the penalty of a fine of not more
than $10,000 for each day of violation, imprisonment of not more
than six months, or both - } { + a Class B misdemeanor. Each
day's violation is a separate offense + }.
(9) Violation of ORS 824.300 or 824.302 is a Class D violation.
(10) Violation of ORS 824.304 is { - punishable, upon
conviction, by a fine of not less than $500 nor more than
$2,000 - } { + a Class A violation + }.
(11) Violation of ORS 824.306 by any railroad company or
officer or agent thereof, or any other person is a Class D
violation. Each day's violation is a separate offense.
SECTION 110. { + The amendments to ORS 163.575, 165.107,
167.808, 208.990, 308.990, 311.990, 433.855, 433.990, 468.936,
471.410, 475.860, 475.864, 498.993, 565.630, 565.990, 686.990,
757.990, 759.990, 777.990, 801.557, 811.109, 811.182, 811.590,
811.615, 811.617, 811.625, 811.627, 811.630, 813.095, 814.485,
814.486, 814.534, 814.536, 814.600, 818.430 and 824.992 by
sections 79 to 109 of this 2011 Act apply only to offenses
committed on or after the effective date of this 2011 Act. Any
offense committed before the effective date of this 2011 Act
shall continue to be governed by ORS 163.575, 165.107, 167.808,
208.990, 308.990, 311.990, 433.855, 433.990, 468.936, 471.410,
475.860, 475.864, 498.993, 565.630, 565.990, 686.990, 757.990,
759.990, 777.990, 811.109, 811.182, 811.590, 811.615, 811.625,
811.630, 813.095, 814.485, 814.486, 814.534, 814.536, 814.600,
818.430 and 824.992 as in effect immediately before the effective
date of this 2011 Act. + }
{ +
CONFORMING AMENDMENTS FOR PRESUMPTIVE FINE + }
SECTION 111. ORS 153.025 is amended to read:
153.025. (1) If a statute provides that violation of the
ordinances of a political subdivision of this state constitutes
an offense, as described in ORS 161.505, the political
subdivision may by ordinance specify that violation of a specific
ordinance of the political subdivision is subject to a specific
fine, or a specific maximum fine, that is less in amount than the
maximum fine for the offense specified by the statute. In
addition, the political subdivision may specify that violation of
the specific ordinance is a Class A, B, C or D violation under
the provisions of ORS 153.012 as long as the class specified in
the ordinance is lower than the statutory classification for the
offense.
(2) Nothing in this section requires a political subdivision to
use the classifications established by ORS 153.012 or to use the
{ - base fine amount calculated under ORS 153.125 to 153.145 - }
{ + presumptive fines established under sections 2 and 3 of
this 2011 Act + } for violations of ordinances adopted by the
political subdivision.
SECTION 112. { + ORS 801.145 is repealed. + }
SECTION 113. ORS 809.220 is amended to read:
809.220. This section establishes procedures that are
applicable if a person fails to appear on a citation for a
traffic offense or for a violation of ORS 471.430. All of the
following apply to this section:
(1) If a defendant fails to make any appearance required by the
court or by law in a proceeding charging the defendant with a
traffic offense or with a violation of ORS 471.430, the court:
(a) Shall issue notice to the Department of Transportation to
suspend for failure to appear if the defendant is charged with a
traffic crime or with a violation of ORS 471.430. If a court
issues notice under this paragraph, the department shall suspend
the driving privileges of the person as provided under ORS
809.280.
(b) Shall issue notice to the department to implement
procedures under ORS 809.416 if the defendant is charged with a
traffic violation. If a court issues notice under this paragraph,
the department shall implement procedures under ORS 809.416.
(2) In any notice to the department under this section, a court
shall certify that the defendant failed to appear in the
proceedings in the manner required by the court or by law.
(3) At any time within 10 years from the date of a notice to
suspend for failure to appear given to the department under this
section, a court shall give a second notice to the department to
terminate a suspension resulting from the original notice if any
of the following occur:
(a) The { - base fine amount or - } fine { - set by the
court - } { + for the offense + } is paid.
(b) The court finds the defendant not guilty or orders a
dismissal of the case.
(c) The court determines that the suspension for failure to pay
or appear should be terminated for good cause.
(4) Notifications by a court to the department under this
section shall be in a form prescribed by the department.
(5) A court shall not notify the department under this section
for failure to appear on any parking, pedestrian or bicyclist
offense.
SECTION 114. ORS 811.230 is amended to read:
811.230. (1) As used in ORS 811.230, 811.231, 811.232 and
811.233:
(a) 'Flagger' means a person who controls the movement of
vehicular traffic through construction projects using sign, hand
or flag signals.
(b) 'Highway work zone' means an area identified by advance
warning where road construction, repair or maintenance work is
being done by highway workers on or adjacent to a highway,
regardless of whether or not highway workers are actually
present. As used in this paragraph, 'road construction, repair
or maintenance work' includes, but is not limited to, the setting
up and dismantling of advance warning systems.
(c) 'Highway worker' means an employee of a government agency,
private contractor or utility company working in a highway work
zone.
(2)(a) { - The base fine amount for a person charged with an
offense that is listed in subsection (3)(a) or (b) of this
section and that is committed in a highway work zone shall be the
amount established under ORS 153.125 to 153.145 based on the
foundation amount calculated under ORS 153.131. - } The
{ - minimum - } { + presumptive + } fine for a person
convicted of an offense that is listed in subsection (3)(a) or
(b) of this section and that is committed in a highway work zone
is the { - base fine amount so calculated - } { + presumptive
fine for the offense established under section 3 of this 2011
Act + }.
(b) The minimum fine for a person convicted of a misdemeanor
offense that is listed in subsection (3)(c) to (g) of this
section and that is committed in a highway work zone is 20
percent of the maximum fine established for the offense.
(c) The minimum fine for a person convicted of a felony offense
that is listed in subsection (3)(c) to (g) of this section and
that is committed in a highway work zone is two percent of the
maximum fine established for the offense.
(3) This section applies to the following offenses if committed
in a highway work zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(g) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540.
{ - (4) A court shall not waive, reduce or suspend the base
fine amount or minimum fine required by this section. - }
{ - (5) - } { + (4) + } When a highway work zone is
created, the agency, contractor or company responsible for the
work may post signs designed to give motorists notice of the
provisions of this section.
SECTION 115. ORS 811.235 is amended to read:
811.235. (1)(a) If signs authorized by ORS 810.245 are posted,
the { - base - } { + presumptive + } fine { - amount - }
for a person charged with an offense that is listed in subsection
(2)(a) or (b) of this section and that is committed in a school
zone shall be the amount established under { - ORS 153.125 to
153.145 based on the foundation amount calculated under ORS
153.131 - } { + section 3 of this 2011 Act for the offense + }.
{ - The minimum fine for a person convicted of an offense that
is listed in subsection (2)(a) or (b) of this section and that is
committed in a school zone is the base fine amount so
calculated. - }
(b) If signs authorized by ORS 810.245 are posted, the minimum
fine for a person convicted of a misdemeanor offense that is
listed in subsection (2)(c) to (g) of this section and that is
committed in a school zone is 20 percent of the maximum fine
established for the offense.
(c) If signs authorized by ORS 810.245 are posted, the minimum
fine for a person convicted of a felony offense that is listed in
subsection (2)(c) to (g) of this section and that is committed in
a school zone is two percent of the maximum fine established for
the offense.
(2) This section applies to the following offenses if committed
in a school zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(g) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540.
{ - (3) A court shall not waive, reduce or suspend the base
fine amount or minimum fine required by this section. - }
{ - (4) - } { + (3) + } For purposes of this section, a
traffic offense occurs in a school zone if the offense occurs
while the motor vehicle is in a school zone, notice of the school
zone is indicated plainly by traffic control devices conforming
to the requirements established under ORS 810.200 and posted
under authority granted by ORS 810.210 and:
(a) Children are present as described in ORS 811.124; or
(b) A flashing light used as a traffic control device and
operated under ORS 811.106 indicates that children may be
arriving at or leaving school.
SECTION 116. ORS 811.483 is amended to read:
811.483. (1) The Department of Transportation shall post signs
in safety corridors chosen by the department indicating that
fines for traffic offenses committed in those safety corridors
will be doubled.
(2)(a) The { - base - } { + presumptive + } fine
{ - amount - } for a person charged with an offense that is
listed in subsection (3)(a) or (b) of this section and that is
committed in a safety corridor chosen by the department under
subsection (1) of this section shall be the amount established
under { - ORS 153.125 to 153.145, based on the foundation
amount calculated under ORS 153.131 - } { + section 3 of this
2011 Act + }. { - The minimum fine for a person convicted of an
offense that is listed in subsection (3)(a) or (b) of this
section and that is committed in a safety corridor is the base
fine amount so calculated. - }
(b) The minimum fine for a person convicted of a misdemeanor
offense that is listed in subsection (3)(c) to (g) of this
section and that is committed in a safety corridor is 20 percent
of the maximum fine established for the offense.
(c) The minimum fine for a person convicted of a felony offense
that is listed in subsection (3)(c) to (g) of this section and
that is committed in a safety corridor is two percent of the
maximum fine established for the offense.
(3) This section applies to the following offenses if committed
in the designated safety corridors:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(g) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540.
{ - (4) A court may not waive, reduce or suspend the base
fine amount or minimum fine required by this section. - }
SECTION 117. { + The amendments to ORS 811.230, 811.235 and
811.483 by sections 114, 115 and 116 of this 2011 Act apply only
to offenses committed on or after the effective date of this 2011
Act. Any offense committed before the effective date of this 2011
Act shall continue to be governed by ORS 811.230, 811.235 and
811.483 as in effect immediately before the effective date of
this 2011 Act. + }
{ +
REPEALS AND CONFORMING AMENDMENTS FOR + }
{ +
FINE DISTRIBUTION CHANGES + }
SECTION 118. { + ORS 30.450, 30.830, 137.290, 137.295,
137.301, 137.308, 137.309, 153.630, 153.635, 266.470, 376.385,
448.320, 471.670, 506.630, 530.900, 570.055, 570.365, 678.168 and
830.145 are repealed. + }
SECTION 119. ORS 33.075 is amended to read:
33.075. (1) If a person served with an order to appear under
ORS 33.055 fails to appear at the time and place specified in the
order, the court may issue any order or warrant necessary to
compel the appearance of the defendant.
(2) A person against whom a complaint has been issued under ORS
33.065 may be cited to appear in lieu of custody as provided in
ORS 133.055. If the person fails to appear at the time and place
specified in the citation, the court may issue any order or
warrant necessary to compel the appearance of the defendant.
(3) When the court issues a warrant for contempt, the court
shall specify a security amount. Unless the defendant pays the
security amount upon arrest, the sheriff shall keep the defendant
in custody until either a release decision is made by the court
or until disposition of the contempt proceedings.
(4) The defendant shall be discharged from the arrest upon
executing and delivering to the sheriff, at any time before the
return day of the warrant, a security release or a release
agreement as provided in ORS 135.230 to 135.290, to the effect
that the defendant will appear on the return day and abide by the
order or judgment of the court or officer or pay, as may be
directed, the sum specified in the warrant.
(5) The sheriff shall return the warrant and the security
deposit, if any, given to the sheriff by the defendant by the
return day specified in the warrant.
(6) When a warrant for contempt issued under subsection (2) of
this section has been returned after having been served and the
defendant does not appear on the return day, the court may do
either or both of the following:
(a) Issue another warrant.
(b) Proceed against the security deposited upon the arrest.
(7) If the court proceeds against the security under subsection
(6) of this section and the sum specified is recovered, the court
may award to any party to the action any or all of the money
recovered as remedial damages.
{ - (8) Security deposited under this section shall not be
subject to the assessments provided for in ORS 137.309 (1) to
(5). - }
SECTION 120. ORS 51.037 is amended to read:
51.037. Any city may enter into an agreement pursuant to ORS
190.010 with the county in which a justice of the peace district
is located for the provision of judicial services. A justice of
the peace providing services to a city pursuant to such an
agreement shall have all judicial jurisdiction, authority,
powers, functions and duties of the municipal court of the city
and the judges thereof with respect to all and any violations of
the charter or ordinances of the city. Unless the agreement
provides otherwise, and subject to the provisions of { - ORS
153.630 - } { + sections 47 to 50 of this 2011 Act + }, all
fines, costs and forfeited security deposits collected shall be
paid to the prosecuting city, and the city shall reimburse the
county providing judicial services for expenses incurred under
the agreement. The exercise of jurisdiction under such an
agreement by a justice of the peace shall not constitute the
holding of more than one office.
SECTION 121. 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 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 122. ORS 137.017 is amended to read:
137.017. Except as otherwise specifically provided by law, all
fines, costs and forfeited security deposits ordered paid in
criminal actions { - and proceedings, as defined in ORS
131.005, - } in the circuit court shall be accounted for and
distributed { - as provided in ORS 137.293 and 137.295, - } as
monetary obligations payable to the state.
SECTION 123. ORS 137.293 is amended to read:
137.293. 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 - } { +
divide + } the total obligation as provided in { - ORS
137.295 - } { + sections 33 to 38 of this 2011 Act, + }
{ - according to the various component - } { + based on the
different + } parts of the obligation { + , + } and shall credit
and distribute { - accordingly, among those subdivisions, - }
all moneys received { + in payment of the obligation in the
manner provided by sections 33 to 38 of this 2011 Act + }.
SECTION 124. ORS 137.533 is amended to read:
137.533. (1) Whenever a person pleads guilty to or is found
guilty of a misdemeanor other than driving while under the
influence of intoxicants or other than a misdemeanor involving
domestic violence as defined in ORS 135.230, the court may defer
further proceedings and place the person on probation, upon
motion of the district attorney and without entering a judgment
of guilt, if the person:
(a) Consents to the disposition;
(b) Has not previously been convicted of any offense in any
jurisdiction;
(c) Has not been placed on probation under ORS 475.245;
(d) Has not completed a diversion under ORS 135.881 to 135.901;
and
(e) Agrees to pay { - the unitary assessment for which the
person would have been liable under ORS 137.290 if the person had
been convicted - } { + an amount equal to the minimum fine for
a misdemeanor established by section 10 of this 2011 Act + }. The
person must pay the { - unitary assessment - } { + amount + }
within 90 days of imposition unless the court allows payment at a
later time. { - The person shall pay the unitary assessment
to - } The clerk of the court { - , who - } shall account for
and distribute the moneys as provided in { - ORS 137.293 and
137.295 - } { + sections 33 to 38 of this 2011 Act for
fines + }.
(2) A district attorney may submit a motion under subsection
(1) of this section if, after considering the factors listed in
subsection (3) of this section, the district attorney finds that
disposition under this section would be in the interests of
justice and of benefit to the person and the community.
(3) In determining whether disposition under this section is in
the interests of justice and of benefit to the person and the
community, the district attorney shall consider at least the
following factors:
(a) The nature of the offense. However, the offense must not
have involved injury to another person.
(b) Any special characteristics or difficulties of the person.
(c) Whether there is a probability that the person will
cooperate with and benefit from alternative treatment.
(d) Whether an available program is appropriate to the needs of
the person.
(e) The impact of the disposition upon the community.
(f) Recommendations, if any, of the involved law enforcement
agency.
(g) Recommendations, if any, of the victim.
(h) Provisions for restitution.
(i) Any mitigating circumstances.
(4) Upon violation of a term or condition of probation, the
court may enter an adjudication of guilt and proceed as otherwise
provided. Upon the person's fulfillment of the terms and
conditions of probation, the court shall discharge the person and
dismiss the proceedings against the person. A discharge and
dismissal under this section is without adjudication of guilt and
is not a conviction for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime. A person
may be discharged and have proceedings dismissed only once under
this section.
(5) Subsections (1) to (4) of this section do not affect any
domestic violence sentencing programs.
SECTION 125. { + The amendments to ORS 137.533 by section 124
of this 2011 Act apply only to motions filed under ORS 137.533 on
or after the effective date of this 2011 Act. + }
SECTION 126. ORS 147.227 is amended to read:
147.227. (1) The Attorney General shall disburse a portion of
the moneys that the Criminal Injuries Compensation Account
receives from the Criminal Fine { - and Assessment - } Account
to counties and cities where prosecuting attorneys maintain
victims' assistance programs approved by the Attorney General.
Upon receipt of the moneys, the counties and cities shall provide
the moneys to the prosecuting attorney therein to be used
exclusively for the approved victims' assistance program.
(2) To qualify for approval by the Attorney General under this
section, a victims' assistance program must:
(a) Be administered by the district attorney of the county or
city attorney of the city;
(b) Provide services to victims of all crimes;
(c) Give service priority to victims of serious crimes against
persons;
(d) Collaborate with community-based and government agencies to
benefit victims; and
(e) Provide the following core services to victims of crime:
(A) Inform victims, as soon as practicable, of the rights
granted to victims under Oregon law.
(B) Advocate for victims of serious person crimes as they move
through the criminal justice system and advocate, when requested,
for all other victims of crime.
(C) Involve victims, when practicable or legally required, in
the decision-making process in the criminal justice system.
(D) Ensure that victims are informed, upon request, of the
status of the criminal case involving the victim.
(E) Assist victims in preparing and submitting crime victims'
compensation program claims to the Department of Justice under
ORS 147.005 to 147.367.
(F) Assist victims in preparing restitution documentation for
purposes of obtaining a restitution order.
(G) Prepare victims for court hearings by informing them of the
procedures involved.
(H) Assist victims with the logistics related to court
appearances when practicable and requested.
(I) Accompany victims to court hearings when practicable and
requested.
(J) Encourage and facilitate victims' testimony.
(K) Inform victims of the processes necessary to request the
return of property held as evidence.
(3) If a victims' assistance program substantially complies
with subsection (2) of this section and the Attorney General
determines that it would be impracticable for the program to
achieve full compliance, the Attorney General may approve the
program on a temporary basis, subject to conditions the Attorney
General deems appropriate.
(4) The Attorney General shall adopt administrative rules:
(a) Establishing criteria for the equitable distribution of
moneys disbursed under subsection (1) of this section among
participating cities and counties; and
(b) Establishing an advisory committee to provide consultation
on the distribution of the moneys. The advisory committee shall
consist of at least the following members:
(A) A representative of the Department of Justice;
(B) A representative of the Oregon District Attorneys
Association; and
(C) A representative of a prosecuting attorney's victim
assistance program.
(5) As used in this section, 'Attorney General' includes a
designee of the Attorney General.
SECTION 127. ORS 153.624 is amended to read:
153.624. In addition to any other costs charged a person
convicted of a traffic offense, a court shall charge as costs and
collect from any person convicted of a traffic offense any actual
costs incurred in obtaining any driving records relating to the
person. { - All costs collected under this section shall be
paid as provided in ORS 153.630 (1). - }
SECTION 128. ORS 221.315 is amended to read:
221.315. (1) Prosecution of violations of the charter or
ordinances of a city in circuit or justice court shall be by the
city attorney and in the name of such city. An agreement may be
made between any city and, on behalf of the state, the presiding
judge for the judicial district in which all or part of such city
is located, that such violations be prosecuted for such city in
the circuit court by the district attorney in the name of the
State of Oregon. An agreement may be made, pursuant to ORS
190.010, between any city and the county in which all or part of
such city is located, that such violations be prosecuted for such
city in the justice court by the district attorney in the name of
the State of Oregon.
(2) Except as otherwise provided by an agreement made under
subsection (1) of this section in respect to the court, all fines
{ - , costs and forfeited security deposits - } collected by
the circuit or justice court having jurisdiction of a violation
of a city charter or ordinance shall be paid as follows:
(a) One-half of { - all fines and forfeited security
deposits - } { + the fine + } shall be credited and distributed
{ - under ORS 137.293 and 137.295 - } to the treasurer of the
city whose charter or ordinance was violated, as a monetary
obligation payable to the city.
(b) If collected by the circuit court, { - the costs and - }
one-half of the { - fines and forfeited security deposits - }
{ + fine + } shall be credited and distributed { - under ORS
137.293 and 137.295, - } as a monetary obligation payable to the
state.
(c) If collected by the justice court, { - the costs and - }
one-half of the { - fines and forfeited security deposits - }
{ + fine + } shall be credited and distributed { - under ORS
137.293 and 137.295 - } to the treasurer of the county in which
the court is located as a monetary obligation payable to the
county.
SECTION 129. ORS 221.355 is amended to read:
221.355. Any city may enter into an agreement pursuant to ORS
190.010 with another city for the provision of judicial services.
A municipal judge providing services to another city pursuant to
such an agreement shall have all judicial jurisdiction,
authority, powers, functions and duties of the municipal court of
the other city and the judges thereof with respect to all and any
violations of the charter or ordinances of the other city. Unless
the agreement provides otherwise, and subject to the provisions
of
{ - ORS 153.630 - } { + sections 47 to 50 of this 2011
Act + }, all fines, costs and forfeited security deposits
collected shall be paid to the prosecuting city, and that city
shall reimburse the city providing judicial services for expenses
incurred under the agreement. The exercise of jurisdiction under
such an agreement by a municipal judge shall not constitute the
holding of more than one office.
SECTION 130. ORS 221.357 is amended to read:
221.357. (1) A city having a population of 300,000 or less may
enter into an agreement with the State Court Administrator for
the provision of judicial services by the circuit court for the
county in which the city is located.
(2) A circuit court providing services to a city under an
agreement entered into under subsection (1) of this section shall
have all judicial jurisdiction, authority, powers, functions and
duties of the municipal court of the city and the municipal court
judges with respect to any violations of the charter or
ordinances of the city.
(3) Unless an agreement entered into under subsection (1) of
this section provides otherwise, and subject to the provisions of
{ - ORS 153.630 - } { + sections 47 to 50 of this 2011
Act + }, all fines, costs and forfeited security deposits
collected shall be paid to the city, and the city shall reimburse
the circuit court providing judicial services for expenses
incurred under the agreement.
(4) The exercise of jurisdiction under an agreement entered
into under subsection (1) of this section by a circuit court
judge shall not constitute the holding of more than one office.
SECTION 131. 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 - } { +
sections 48 and 49 of this 2011 Act + } 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 - } { + sections 48
and 49 of this 2011 Act + }.
(3) The Department of Revenue may retain from the funds
transferred under { - ORS 137.295 - } { + sections 48 and 49
of this 2011 Act + } 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 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 132. ORS 339.925 is amended to read:
339.925. (1) In addition to any other persons permitted to
enforce violations, the school district superintendent or
education service district superintendent, or any employee
specifically designated by either superintendent, may issue
citations for violations established under ORS 339.990 in the
manner provided by ORS chapter 153.
(2) Prior to issuing the citation described in subsection (3)
of this section to the parent or guardian of a student not
regularly attending full-time school, a school district
superintendent or education service district superintendent
shall:
(a) Provide a parent or guardian of the student and the student
with written notification that:
(A) States that the student is required to attend regularly a
full-time school;
(B) Explains that the failure to send the student and maintain
the student in regular attendance is a Class C violation;
(C) States that the superintendent may issue a citation;
(D) Requires the parent or guardian of the student and the
student to attend a conference with a designated official; and
(E) Is written in the native language of the parent or guardian
of the student.
(b) Schedule the conference described in paragraph (a)(D) of
this subsection.
(3) Notwithstanding ORS 1.525 or any provision of ORS chapter
153, the State Board of Education by rule shall establish the
citation form to be used by superintendents in citing violations
established under ORS 339.990. Notwithstanding ORS 153.045, each
of the parts of the citation shall contain the information
required by the state board.
{ - (4) All fines and court costs recovered from compulsory
school attendance violations shall be paid to the clerk of the
court involved. After deductions of court costs provided by law
for the proceeding, the clerk shall pay the remainder of the
money to the State Treasurer to be deposited in the Criminal Fine
and Assessment Account in the General Fund. - }
SECTION 133. ORS 352.360 is amended to read:
352.360. (1) The State Board of Higher Education may enact such
regulations as the board deems convenient or necessary to provide
for the policing, control and regulation of traffic and parking
of vehicles on the property of any institution of higher
education under the jurisdiction of the board. The regulations
may provide for the registration of vehicles, the designation of
parking areas, and the assessment and collection of reasonable
fees and charges for parking, and shall be filed in accordance
with the provisions of ORS chapter 183. The board may require
that before a quarterly or yearly parking privilege for any
vehicle is granted to any full-time or part-time student to use
board property, the student must show that the vehicle is
operated by a student holding a valid driver's license, that the
vehicle is currently registered and that the student driving the
vehicle is insured under a motor vehicle liability insurance
policy that meets the requirements described under ORS 806.080 or
that the student or owner of the vehicle has provided the
Department of Transportation with other satisfactory proof of
compliance with the financial responsibility requirements of this
state.
(2) The regulations enacted pursuant to subsection (1) of this
section shall be enforced administratively under procedures
adopted by the board for each institution of higher education
under the jurisdiction of the board. Administrative and
disciplinary sanctions may be imposed upon students, faculty and
staff for violation of the regulations, including but not limited
to, a reasonable monetary penalty which may be deducted from
student deposits, and faculty or staff salaries or other funds in
the possession of the institution. The board shall provide
opportunity for hearing for the determination of controversies in
connection with imposition of fines or penalties. The board may
prescribe procedures for such hearings despite the provisions of
ORS 183.413 to 183.470. Persons other than students, faculty or
staff may voluntarily submit to the hearing procedures prescribed
by the board, and shall be bound by the results of the hearing.
The powers granted to the board by this section are supplemental
to the existing powers of the board with respect to the
government of activities of students, faculty and staff and the
control and management of property under its jurisdiction.
(3) The regulations enacted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and
a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their
owners.
(4) All fees and charges for parking privileges and violations
are deposited in a designated account in the Oregon University
System Fund established by ORS 351.506 for the purpose of
defraying the costs of constructing bicycle racks and bicycle
lanes and of traffic control, enforcement of traffic and parking
regulations, and maintenance and operation of parking facilities
and for the purpose of acquiring and constructing additional
parking facilities for vehicles at the various institutions,
departments or activities under the control of the board. Fees
and charges may also be credited to the account in the Oregon
University System Fund designated by ORS 351.460. Parking fees
shall be established at levels no greater than those required to
finance the construction, operation and maintenance of parking
facilities on the same campus of the state institution of higher
education on which the parking is provided. Notwithstanding ORS
351.072, parking fees or changes in fees shall be adopted by rule
of the state board subject to the procedure for rules adopted in
ORS chapter 183.
(5) Every peace officer may enforce the regulations made by the
board under subsection (1) of this section. The board, for the
purpose of enforcing its rules and regulations governing traffic
control, may appoint peace officers who have the same authority
as other peace officers as defined in ORS 133.005.
(6) The board and any municipal corporation or any department,
agency or political subdivision of this state may enter into
agreements or contracts with each other for the purpose of
providing a uniform system of enforcement of the rules and
regulations of the board enacted pursuant to subsection (1) of
this section.
(7) In proceedings brought to enforce regulations enacted
pursuant to subsection (1) of this section, it shall be
sufficient to charge the defendant by an unsworn written notice
in accordance with the provisions of ORS 221.333. In any case in
which the defendant is not subject to and does not voluntarily
submit to the hearing procedures prescribed under subsection (2)
of this section, proceedings to enforce regulations enacted
pursuant to subsection (1) of this section shall be brought in
the name of the board in a circuit court, a justice court or a
city court for offenses committed within the territorial
jurisdiction of such court. Such courts shall have concurrent
jurisdiction over offenses committed within their respective
jurisdictions. All fines, penalties and court costs recovered
shall be paid to the clerk of the court involved and shall be
disposed of as provided in { - ORS 153.630 - } { + sections
47 to 50 of this 2011 Act + }.
SECTION 134. ORS 390.050 is amended to read:
390.050. { - (1) - } In addition to any other persons
permitted to enforce violations, the State Parks and Recreation
Department and any employee of the State Parks and Recreation
Department specifically designated by the State Parks and
Recreation Director may issue citations for park and recreation
violations established under this chapter in the manner provided
by ORS chapter 153.
{ - (2) All fines and court costs recovered from park and
recreation violations shall be paid to the clerk of the court
involved. Such moneys shall be credited and distributed under ORS
137.290 and 137.295 as monetary obligations payable to the
state. - }
SECTION 135. ORS 409.304 is amended to read:
409.304. Grants awarded through funding from the Criminal Fine
{ - and Assessment - } Account for domestic violence programs
shall be used to support direct services, with no more than five
percent of each grant to be spent for administration.
SECTION 136. ORS 419C.446 is amended to read:
419C.446. (1) When a court determines it would be in the best
interest and welfare of a youth offender, the court may place the
youth offender on probation. The court may direct that the youth
offender remain in the legal custody of the youth offender's
parents or other person with whom the youth offender is living,
or the court may direct that the youth offender be placed in the
legal custody of some relative or some person maintaining a
foster home approved by the court, or in a child care center or a
youth care center authorized to accept the youth offender.
(2) The court may specify particular requirements to be
observed during the probation consistent with recognized juvenile
court practice, including but not limited to restrictions on
visitation by the youth offender's parents, restrictions on the
youth offender's associates, occupation and activities,
restrictions on and requirements to be observed by the person
having the youth offender's legal custody, { - requirements
that the youth offender pay any assessment under ORS 137.290, - }
requirements for visitation by and consultation with a juvenile
counselor or other suitable counselor, requirements to make
restitution under ORS 419C.450, requirements of a period of
detention under ORS 419C.453, requirements to pay a fine under
ORS 419C.459, requirements to pay a supervision fee under ORS
419C.449, requirements to perform community service under ORS
419C.462, or service for the victim under ORS 419C.465, or
requirements to submit to blood or buccal testing under ORS
419C.473.
(3) If the youth offender is a sex offender, as defined in ORS
181.594, the juvenile department shall notify the chief of
police, if the youth offender is going to reside within a city,
and the county sheriff of the county in which the youth offender
is going to reside of the youth offender's release on probation
and the requirements imposed on the youth offender's probation
under subsection (2) of this section.
SECTION 137. ORS 419C.470 is amended to read:
419C.470. The Oregon Youth Authority and county juvenile
departments, respectively, and to the extent practicable, shall
create opportunities for youth offenders placed in the legal
custody of the youth authority or under the supervision of a
county juvenile department to pay restitution as ordered by the
court and { - the assessment under ORS 137.290, and - } to
perform any community service ordered by the court, as well as to
fulfill any other obligation imposed by the court.
SECTION 138. ORS 477.985 is amended to read:
477.985. { - (1) - } In addition to any other persons
permitted to enforce violations, the State Forestry Department
and the State Forester, or any employee specifically designated
by the department or by the State Forester, may issue citations
for violations established under ORS 477.993 in the manner
provided by ORS chapter 153.
{ - (2) All fines and court costs recovered from violations
established under ORS 477.993 shall be paid to the clerk of the
court involved. Such moneys shall be credited and distributed
under ORS 137.290 and 137.295 as monetary obligations payable to
the state. - }
SECTION 139. ORS 506.306 is amended to read:
506.306. { - (1) - } The State Fish and Wildlife Commission
shall collect all moneys to be paid to this state for the
protection, preservation, propagation and development of the
commercial fishing industry and arising under the commercial
fishing laws and deposit such moneys in the Commercial Fisheries
Fund.
{ - (2) Except as provided in ORS 506.630, all fines
collected for violation of the commercial fishing laws shall be
credited and distributed under ORS 137.293 and 137.295 as
monetary obligations payable to the state. - }
SECTION 140. ORS 675.330 is amended to read:
675.330. (1) The Occupational Therapy Licensing Board Account
is established in the State Treasury, separate and distinct from
the General Fund. All moneys received by the Occupational Therapy
Licensing Board under ORS 675.210 to 675.340 shall be deposited
into the account and are continuously appropriated to the board
to be used only for the administration and enforcement of ORS
675.210 to 675.340 and 675.990 (2). Any interest or other income
from moneys in the account shall be credited to the account.
(2) All civil penalties collected or received for violations of
or in prosecutions under ORS 675.210 to 675.340 shall be
deposited into the Occupational Therapy Licensing Board Account
and shall be used only for the administration and enforcement of
ORS 675.210 to 675.340.
{ - (3) All fines collected or received for violations of or
in prosecutions under ORS 675.210 to 675.340 and 675.990 (2)
shall be forwarded to the Department of Revenue for deposit in
the Criminal Fine and Assessment Account. - }
SECTION 141. ORS 683.290 is amended to read:
683.290. (1) All moneys received by the Oregon Board of
Optometry under ORS 683.010 to 683.340 shall be deposited into an
account established by the board as provided under ORS 182.470.
Moneys deposited into the account hereby are appropriated
continuously to the board and shall be used only for the
administration and enforcement of ORS 182.456 to 182.472 and
683.010 to 683.340.
(2) Notwithstanding subsection (1) of this section and ORS
182.470, all civil penalties collected or received for violations
of or in prosecutions under ORS 683.010 to 683.340 shall be paid
to the account described under subsection (1) of this section.
{ - (3) All fines collected or received for violations of or
in prosecutions under ORS 683.010 to 683.340 shall be paid to the
Criminal Fine and Assessment Account. - }
{ - (4) - } { + (3) + } In addition to making expenditures
for the administration and enforcement of ORS 683.010 to 683.340,
the Oregon Board of Optometry may make expenditures for
educational purposes out of funds available.
SECTION 142. ORS 689.135 is amended to read:
689.135. (1) The State Board of Pharmacy shall have such other
duties, powers and authority as may be necessary to the
enforcement of this chapter and to the enforcement of board rules
made pursuant thereto, which shall include, but are not limited
to, the following:
(a) Cause to have printed and circulated annually copies of any
changes in the laws relating to pharmacy, controlled substances,
drugs and poisons and the rules adopted to enforce such laws, and
set reasonable charges therefor.
(b) Appoint advisory committees.
(2) The board may join such professional organizations and
associations organized exclusively to promote the improvement of
the standards of the practice of pharmacy for the protection of
the health and welfare of the public and whose activities assist
and facilitate the work of the board.
(3) In addition to any statutory requirements, the board may
require such surety bonds as it deems necessary to guarantee the
performance and discharge of the duties of any officer or
employee receiving and disbursing funds.
(4) The executive director of the board shall keep the seal of
the board and shall affix it only in such manner as may be
prescribed by the board.
(5) The board shall determine within 30 days prior to the
beginning of each state fiscal year the fees to be collected for:
(a) Examinations and reexaminations, which fee shall not exceed
$400.
(b) Pharmacist licenses, which fee shall not exceed $250.
(c) Pharmacist licensing by reciprocity, which fee shall not
exceed $300.
(d) Intern license, which fee shall not exceed $50.
(e) Duplicate pharmacist certificate, which fee shall not
exceed $50.
(f) Pharmacist license, delinquent renewal fee, which fee shall
not exceed $50.
(g) Certification of approved providers of continuing education
courses, which fee shall not exceed $300.
(h) Registration of drug outlets other than pharmacies and
renewal of registration, which fee shall not exceed $500.
(i) Initial pharmacy or institutional drug outlet, which fee
shall not exceed $300.
(j) Annual pharmacy or institutional drug outlet, which fee
shall not exceed $300.
(k) Pharmacy or institutional drug outlet delinquent renewal
fee, which fee shall not exceed $200.
(L) Nonprescription drug outlets, which fee shall not exceed
$50.
(m) Nonprescription drug outlet delinquent renewal fee, which
fee shall not exceed $50.
(n) Reinspection fee, which fee shall not exceed $100.
(o) Drug outlets, other than pharmacies or institutional drug
outlets, delinquent renewal fee, which fee shall not exceed $100.
{ - (6) All moneys collected either as costs or fines under
ORS 435.010 to 435.130, 453.175, 453.185 and 453.990 and this
chapter shall be paid by the magistrate or other officer
receiving them to the treasurer of the county where the
prosecution is conducted. These moneys shall be applied, first,
to the payment of the costs of such prosecution. The remainder
shall be paid by the county treasurer into the State Treasury
and, in the case of: - }
{ - (a) All moneys except criminal fines, placed to the
credit of the State Board of Pharmacy Account established in ORS
689.139 to be used only for the administration and enforcement of
ORS 435.010 to 435.130 and this chapter. - }
{ - (b) Criminal fines, placed to the credit of the Criminal
Fine and Assessment Account. - }
{ - (7) - } { + (6) + } { - Except as provided in
subsection (6) of this section, - } All moneys received under
ORS 435.010 to 435.130 { - , - } { + and + } 453.185 { - and
453.990 - } and this chapter shall be paid into the State
Treasury and placed to the credit of the State Board of Pharmacy
Account to be used only for the administration and enforcement of
ORS 435.010 to 435.130 and this chapter.
{ - (8) - } { + (7) + } The board may receive and expend
funds, in addition to its biennial appropriation, from parties
other than the state, provided:
(a) Such moneys are awarded for the pursuit of a specific
objective which the board is authorized to accomplish by this
chapter, or which the board is qualified to accomplish by reason
of its jurisdiction or professional expertise;
(b) Such moneys are expended for the pursuit of the objective
for which they are awarded;
(c) Activities connected with or occasioned by the expenditures
of such funds do not interfere with or impair the performance of
the board's duties and responsibilities and do not conflict with
the exercise of the board's powers as specified by this chapter;
(d) Such moneys are kept in a separate, special state account;
and
(e) Periodic reports are made to the Governor concerning the
board's receipt and expenditure of such moneys.
{ - (9) - } { + (8) + } The board may assign to each drug
outlet under its jurisdiction, a uniform state number,
coordinated where possible with all other states which adopt the
same uniform numbering system.
{ - (10) - } { + (9) + } The board or its authorized
representatives shall also have power to investigate and gather
evidence concerning alleged violations of the provisions of this
chapter or of the rules of the board.
{ - (11) - } { + (10) + } The president and vice president
of the board may administer oaths in connection with the duties
of the board.
{ - (12) - } { + (11) + } The books, registers and records
of the board as made and kept by the executive director or under
the supervision of the executive director, subject to the
direction of the board, shall be prima facie evidence of the
matter recorded therein, in any court of law.
{ - (13) - } { + (12) + } The board may administer oaths,
issue notices and subpoenas in the name of the board, enforce
subpoenas in the manner authorized by ORS 183.440, hold hearings
and perform such other acts as are reasonably necessary to carry
out its duties under this chapter.
{ - (14)(a) - } { + (13)(a) + } Notwithstanding anything in
this chapter to the contrary, whenever a duly authorized
representative of the board finds or has probable cause to
believe that any drug or device is adulterated, misbranded or a
new drug, as defined in Section 201(p) of the Federal Food, Drug
and Cosmetic Act, for which there is no approval in effect
pursuant to Section 505(b) of the federal Act nor an approved
notice of claimed investigational exemption pursuant to Section
505(i) of the federal Act, or otherwise rendered unsafe for use
as a result of fire, flood or other natural disaster, the
representative shall affix to such drug or device a tag or other
appropriate marking giving notice that such article is or is
suspected of being adulterated, misbranded, or otherwise rendered
unsafe and has been detained or embargoed and warning all persons
not to remove or dispose of such article by sale or otherwise
until provision for removal or disposal is given by the board,
its agent or the court. No person shall remove or dispose of such
embargoed drug or device by sale or otherwise without the
permission of the board or its agent or, after summary
proceedings have been instituted, without permission from the
court.
(b) When a drug or device detained or embargoed under paragraph
(a) of this subsection has been declared by such representative
to be adulterated, misbranded or a new drug, or rendered unsafe,
the board shall, as soon as practical thereafter, petition the
judge of the circuit court in whose jurisdiction the article is
detained or embargoed for an order for condemnation of such
article. If the judge determines that the drug or device so
detained or embargoed is not adulterated or misbranded or
rendered unsafe, the board shall direct the immediate removal of
the tag or other marking.
(c) If the court finds the detained or embargoed drug or device
is adulterated or misbranded or rendered unsafe, such drug or
device, after entry of the judgment, shall be destroyed at the
expense of the owner under the supervision of a board
representative and all court costs and fees, storage and other
proper expense shall be borne by the owner of such drug or
device. When the adulteration or misbranding can be corrected by
proper labeling or processing of the drug or device, the court,
after entry of the judgment and after such costs, fees and
expenses have been paid and a good and sufficient bond has been
posted, may direct that such drug or device be delivered to the
owner thereof for such labeling or processing under the
supervision of a board representative. Expense of such
supervision shall be paid by the owner. Such bond shall be
returned to the owner of the drug or device on representation to
the court by the board that the drug or device is no longer in
violation of the embargo and the expense of supervision has been
paid.
(d) It is the duty of the Attorney General to whom the board
reports any violation of this subsection to cause appropriate
proceedings to be instituted in the proper court without delay
and to be prosecuted in the manner required by law. Nothing in
this subsection shall be construed to require the board to report
violations whenever the board believes the public's interest will
be adequately served in the circumstances by a suitable written
notice or warning.
{ - (15) - } { + (14) + } Except as otherwise provided to
the contrary, the board shall exercise all of its duties, powers
and authority in accordance with ORS chapter 183.
SECTION 143. ORS 689.995 is amended to read:
689.995. (1) Violation of any provision of this chapter or of
any rule of the State Board of Pharmacy is a misdemeanor.
(2) Failure to comply with any notice, citation or subpoena
issued by the board under ORS 689.135 { - (13) - } { +
(12) + } is a misdemeanor. Each day during which the violation
continues is a separate offense.
(3) Refusal to furnish information required under this chapter
or willfully furnishing false information, is a misdemeanor.
(4) Any attempt to secure or the securing of registration or
licensure for any person under any certificate, license or permit
authorized by this chapter by making or causing to be made any
false representations is a misdemeanor.
SECTION 144. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts and
commercial driver training schools as provided under ORS 336.805.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Passenger Rail
Transportation Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses incurred in administering passenger rail
programs.
(f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits { - or from moneys received under ORS 153.630 from
violation of the requirement to have the permit - } .
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits { - or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and - }
that is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits { - or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit - } , and
the interest on such moneys, shall be used to enforce the
requirement for winter recreation parking permits and to remove
snow from winter recreation parking locations designated under
ORS 810.170. Any remaining moneys shall, upon approval by the
Winter Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 may be used for development and maintenance of
multiuse trails within urban growth boundaries described in ORS
367.017 or for the development and maintenance of snowmobile
facilities, including the acquisition of land therefor by any
means other than the exercise of eminent domain. Moneys received
under ORS 802.120 may also be used for the enforcement of ORS
811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210
and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
SECTION 145. ORS 802.155 is amended to read:
802.155. (1) There is created the Safety Education Fund,
separate and distinct from the General Fund. Interest earned by
the fund shall be credited to the fund.
(2) Moneys deposited in the Safety Education Fund from the
Criminal Fine { - and Assessment - } Account are continuously
appropriated to the office of the administrator of the
Transportation Safety section of the Department of Transportation
to be used for safety education programs:
(a) That provide injury prevention education on traffic safety
issues for each age group in the kindergarten through college
ages;
(b) That have been recipients of funds under 23 U.S.C. 402 for
at least three years;
(c) That are found by the Transportation Safety section to be
effective, as measured by the three-year reporting cycle funded
under 23 U.S.C. 402; and
(d) That operate statewide.
SECTION 146. ORS 810.530 is amended to read:
810.530. (1) A weighmaster or motor carrier enforcement officer
in whose presence an offense described in this subsection is
committed may arrest or issue a citation for the offense in the
same manner as under ORS 810.410 as if the weighmaster or motor
carrier enforcement officer were a police officer. This
subsection applies to the following offenses:
(a) Violation of maximum weight limits under ORS 818.020.
(b) Violation of posted weight limits under ORS 818.040.
(c) Violation of administratively imposed weight or size limits
under ORS 818.060.
(d) Violation of maximum size limits under ORS 818.090.
(e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
(f) Violation of posted limits on use of road under ORS
818.130.
(g) Violation of towing safety requirements under ORS 818.160.
(h) Operating with sifting or leaking load under ORS 818.300.
(i) Dragging objects on highway under ORS 818.320.
(j) Unlawful use of devices without wheels under ORS 815.155.
(k) Unlawful use of metal objects on tires under ORS 815.160.
(L) Operation without pneumatic tires under ORS 815.170.
(m) Operation in violation of vehicle variance permit under ORS
818.340.
(n) Failure to carry and display permit under ORS 818.350.
(o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
(p) Violation of any provision of ORS chapter 825.
(q) Operation without proper fenders or mudguards under ORS
815.185.
(r) Operating a vehicle without driving privileges in violation
of ORS 807.010 if the person is operating a commercial motor
vehicle and the person does not have a commercial driver license
or does not have an appropriate permit.
(s) Violation driving while suspended or revoked in violation
of ORS 811.175 if the person is operating a commercial motor
vehicle while the person's commercial driver license is suspended
or revoked.
(t) Failure to use vehicle traction tires or chains in
violation of ORS 815.140 if the person is operating a motor
vehicle subject to ORS chapter 825 or 826.
(2) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed by
a person operating a commercial motor vehicle may issue a
citation for the offense. A weighmaster or motor carrier
enforcement officer who finds evidence that an offense described
in this subsection has been committed by a person operating a
commercial motor vehicle or by a motor carrier for which the
person is acting as an agent may issue a citation for the
offense. A weighmaster or motor carrier enforcement officer
issuing a citation under this subsection has the authority
granted a police officer issuing a citation under ORS 810.410. A
citation issued under this subsection to the operator of a
commercial motor vehicle shall be considered to have been issued
to the motor carrier that owns the commercial motor vehicle if
the operator is not the owner. This subsection applies to the
following offenses, all of which are Class A traffic violations
under ORS 825.990 (1):
(a) Repeatedly violating or avoiding any order or rule of the
Department of Transportation.
(b) Repeatedly refusing or repeatedly failing, after being
requested to do so, to furnish service authorized by certificate.
(c) Refusing or failing to file the annual report as required
by ORS 825.320.
(d) Refusing or failing to maintain records required by the
department or to produce such records for examination as required
by the department.
(e) Failing to appear for a hearing after notice that the
carrier's certificate or permit is under investigation.
(f) Filing with the department an application that is false
with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
(g) Delinquency in reporting or paying any fee, tax or penalty
due to the department under ORS chapter 825 or 826.
(h) Refusing or failing to file a deposit or bond as required
under ORS 825.506.
(i) Failing to comply with the applicable requirements for
attendance at a motor carrier education program as required by
ORS 825.402.
(3) A weighmaster or motor carrier enforcement officer who
finds evidence that a person operating a commercial motor vehicle
has committed the offense of failure to pay the appropriate
registration fee under ORS 803.315 may issue a citation for the
offense in the same manner as under ORS 810.410 as if the
weighmaster or motor carrier enforcement officer were a police
officer.
(4) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is
subject to ORS chapter 153.
(5)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
(b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier
enforcement officer by the Department of Transportation.
(6) A weighmaster or motor carrier enforcement officer may
accept security in the same manner as a police officer under ORS
810.440 and 810.450 and may take as security for the offenses, in
addition to other security permitted under this section, the sum
fixed as the { - base - } { + presumptive + } fine for the
offense.
(7) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear in a
violation proceeding under ORS 153.992 if the violation is based
upon a citation for any offense described in subsection (1) or
(3) of this section except those described in subsection (1)(p)
of this section.
(8) A weighmaster or motor carrier enforcement officer may
exercise the same authority as a police officer under ORS 810.490
to enforce vehicle requirements and detain vehicles. A person who
fails to comply with the authority of a weighmaster or motor
carrier enforcement officer under this subsection is subject to
penalty under ORS 818.400.
SECTION 147. ORS 813.030 is amended to read:
813.030. The fee required by ORS 471.432 and 813.020 (1) shall
be in the amount of $130, except that the court may waive all or
part of the fee in cases involving indigent defendants. The court
may make provision for payment of the fee on an installment
basis. { + The court shall deposit the fee in the Criminal Fine
Account. + } { - The fee shall be ordered paid as follows: - }
{ - (1) $105 to be credited and distributed under ORS 137.295
as an obligation payable to the state; and - }
{ - (2) $25 to be paid to the Director of the Oregon Health
Authority for deposit in the Intoxicated Driver Program Fund
created by ORS 813.270. - }
SECTION 148. ORS 837.100 is amended to read:
837.100. { - (1) - } In addition to any other persons
permitted to enforce violations, the Director of the Oregon
Department of Aviation and any employee specifically designated
by the director may issue citations for violations established
under ORS 837.990 in the manner provided by ORS chapter 153.
{ - (2) All fines and court costs recovered from violations
established under ORS 837.990 shall be paid to the clerk of the
court involved. The clerk, after deductions of court costs
provided by law for the proceeding, shall pay the remainder of
the money to the State Treasurer to be deposited in the Criminal
Fine and Assessment Account in the General Fund. - }
{ +
ELIMINATION OF VIOLATIONS BUREAUS + }
SECTION 149. { + ORS 153.800 is repealed. + }
{ +
ELIMINATION OF OFFENSE SURCHARGE + }
SECTION 150. Section 2, chapter 659, Oregon Laws 2009, as
amended by section 20, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 2. + } (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 fine, cost or
other monetary obligation imposed, an offense surcharge under
this section. Except when the person successfully asserts the
defense set forth in ORS 419C.522, the offense surcharge shall
also be imposed by the circuit court and county court in juvenile
cases under ORS 419C.005 (1). The offense surcharge is a penal
obligation in the nature of a fine and shall be in an amount as
follows:
(a) $35 in the case of a felony.
(b) $35 in the case of a misdemeanor.
(c) $45 in the case of a violation as described in ORS 153.008.
(2) A court may waive all or part of the offense surcharge
required by this section only if the court imposes no fine on the
defendant.
(3) The offense surcharge required by this section shall be
imposed only for offenses that are committed on or after October
1, 2009, and before July 1, 2011.
(4)(a) Offense surcharges imposed under this section are part
of the base fine for the purposes of ORS chapter 153.
(b) The provisions of ORS 153.093 do not affect the amount of
the offense surcharge imposed and collected under this section,
and the amount calculated under ORS 153.093 (1) includes the full
amount of the offense surcharge.
(5) Offense surcharges imposed in a circuit court under this
section are category 3 monetary obligations for the purposes of
ORS 137.295 and shall be collected as provided in ORS 137.295.
Offense surcharges imposed in a justice court, county court or
municipal court under this section are category 4 monetary
obligations for the purposes of ORS 137.295 and shall be
collected as provided in ORS 137.295. Amounts collected as
offense surcharges under this section { - may not be deposited
in the Criminal Fine and Assessment Account, or transferred to
the Department of Revenue, under ORS 137.295 (5), but - } must
be deposited or paid as follows:
(a) Offense surcharges imposed in circuit courts shall be
deposited by the Department of Revenue in the { - Judicial
System Surcharge - } { + Criminal Fine + }Account.
(b) Offense surcharges imposed in a justice court or county
court shall be paid to the county treasurer.
(c) Offense surcharges imposed in a municipal court shall be
paid to the city treasurer.
(6) The collections and revenue management program established
under ORS 1.204 may { - not - } be reimbursed under ORS 1.204
from amounts imposed as offense surcharges under this section.
{ +
NONSTANDARD OFFENSE PROVISIONS + }
SECTION 151. ORS 25.990 is amended to read:
25.990. (1) Violation of ORS 25.720 (3) is a Class A violation.
(2) Violation of ORS 25.260 is { - punishable, upon
conviction, by a fine of not more than $1,000 or by imprisonment
in the county jail for not more than 60 days, or by both - }
{ + a Class C misdemeanor + }.
(3) Violation of ORS 25.785 (3) is a Class A misdemeanor.
SECTION 152. ORS 45.900 is amended to read:
45.900. Violation of ORS 45.135 or 45.138 is a { + Class B + }
violation. { - A person violating ORS 45.135 or 45.138 is
subject to a fine of up to $500. - }
SECTION 153. ORS 83.990 is amended to read:
83.990. (1) Any person who violates any provision of ORS 83.510
to 83.680 commits a Class A violation.
(2) A willful violation of ORS 83.520 to 83.600 or 83.650 to
83.670 by any person shall bar recovery of any finance charge,
delinquency or collection charge or refinancing charge on the
retail installment contract involved.
(3) Notwithstanding the provisions of subsections (1) to (3) of
this section, any failure to comply with any provision of ORS
83.510 to 83.680 may be corrected within 10 days after the holder
is notified thereof in writing by the buyer, and, if so
corrected, neither the seller nor the holder shall be subject to
any penalty.
(4) Any person who willfully and intentionally violates any
provision of ORS 83.010 to 83.190 { - shall, upon conviction,
be punished by a fine of not more than $1,000 or by imprisonment
for not more than six months, or both - } { + commits a Class B
misdemeanor + }. Violation of any order or injunction issued
pursuant to ORS 83.010 to 83.190 shall constitute prima facie
proof of a violation of this subsection.
SECTION 154. ORS 86.990 is amended to read:
86.990. Violation of ORS 86.040 is { - punishable, upon
conviction, by a fine not exceeding $500 or imprisonment in the
county jail not exceeding six months, or both - } { + a Class B
misdemeanor + }.
SECTION 155. ORS 92.990 is amended to read:
92.990. (1) Violation of any provision of ORS 92.010 to 92.090,
92.100 and 92.120 to 92.170 or of any regulation or ordinance
adopted thereunder, is { - punishable, upon conviction, by a
fine of not less than $50 nor more than $500 or imprisonment in
the county jail for not less than 25 days nor more than 50 days,
or both - } { + a Class C misdemeanor + }.
(2) Any person who violates any of the provisions of ORS 92.325
(1), 92.345 to 92.365, 92.405 (1), (2) and (3), 92.425, 92.433,
92.460 to 92.475 and any alternative requirements of the Real
Estate Commissioner prescribed pursuant to ORS 92.425 (3), not
waived by the commissioner pursuant to ORS 92.395, or who
provides false information or omits to state material facts
pursuant to ORS 92.337, { - shall be punished by a fine not
exceeding $10,000, or by imprisonment in the custody of the
Department of Corrections for a period not exceeding three years,
or in the county jail not exceeding one year, or by both such
fine and imprisonment - } { + commits a Class C felony + }.
SECTION 156. ORS 97.990 is amended to read:
97.990. (1) Violation of ORS 97.160 is a { + Class A
+ }misdemeanor
{ - and upon conviction is punishable by a fine not exceeding
$100 - } .
(2) Every officer, agent or employee of this state or of any
county, city or any other municipal subdivision thereof who
willfully neglects to notify the Demonstrator of Anatomy of the
existence of a body as required by ORS 97.170 to 97.210 or who
refuses to deliver possession of such body according to the
provisions of ORS 97.170 to 97.210 or who mutilates or permits
any such body to be mutilated so that it is not valuable for
anatomical purposes or who refuses or neglects to perform any of
the duties enjoined upon the officer, agent or employee by ORS
97.170 to 97.210, { - is guilty of a misdemeanor and upon
conviction is punishable by a fine of not more than $50 for each
offense - } { + commits a Class A misdemeanor + }.
(3) Violation of ORS 97.520, 97.530 or 97.540 is a { + Class
A + } misdemeanor.
(4) Any person, association or corporation who operates a
cemetery, mausoleum or columbarium contrary to the provisions of
ORS 97.020 to 97.040, 97.110 to 97.130, 97.145, 97.150, 97.220,
97.310 to 97.360 (1), 97.440, 97.510 to 97.560, 97.710, 97.720,
97.810, 97.820, 97.830 and 97.840 to 97.860 { - is guilty of
maintaining a nuisance and, upon conviction, is punishable by a
fine not exceeding $500 or by imprisonment in the county jail for
not more than six months, or both - } { + commits a Class B
misdemeanor + }.
(5)(a) Violation of ORS 97.745 is a Class C felony.
(b) In addition to any other sentence provided by law for
criminal violations of ORS 97.745, the judge shall impose a
penalty not to exceed $10,000 on any person convicted of a
criminal violation of ORS 97.745.
(6) In addition to the penalty of subsection (5) of this
section, any native Indian artifacts or human remains taken by,
or in possession of, any person sentenced under subsection (5) of
this section and all equipment used in the violation may be
ordered forfeited by the court in which conviction occurs, and
may be disposed of as the court directs.
SECTION 157. ORS 97.992 is amended to read:
97.992. Violation of any of the provisions of ORS 97.937 is
{ - punishable, upon conviction, by a fine not exceeding
$1,000, or imprisonment in the county jail not exceeding one
year, or both - } { + a Class A misdemeanor + }.
SECTION 158. ORS 100.990 is amended to read:
100.990. Subject to ORS 153.022, any person who violates any of
the provisions of ORS 100.015, 100.635 to 100.730 and 100.740 to
100.780 or any rules adopted thereunder or any alternative
requirements of the Real Estate Commissioner prescribed pursuant
to ORS 100.720 (3), { - shall be punished by a fine not
exceeding $10,000, or by imprisonment in the custody of the
Department of Corrections for a period not exceeding three years,
or in the county jail not exceeding one year, or by both such
fine and imprisonment - } { + commits a Class C felony + }.
SECTION 159. ORS 105.590 is amended to read:
105.590. An intentional violation of a restraining order,
preliminary injunction or order of abatement under ORS 105.550 to
105.600 is { - punishable as a contempt of court by a fine of
not more than $1,000 which may not be waived, or by imprisonment
for not more than six months or by both - } { + a Class B
misdemeanor + }.
SECTION 160. ORS 106.990 is amended to read:
106.990. (1) Violation of ORS 106.041 (5) is { - punishable,
upon conviction, by a fine of not more than $100 or by
imprisonment in the county jail for not more than 30 days, or
both - } { + a Class C misdemeanor + }.
(2) Violation of ORS 106.110 or 106.140 is { - punishable
upon conviction by imprisonment in the custody of the Department
of Corrections or county jail for not more than one year, or by a
fine of not more than $500 nor less than $100 - } { + a Class A
misdemeanor + }.
(3) Refusal or neglect to comply with ORS 106.170 shall result
in the forfeiture of a penalty of not less than $10 nor more than
$50 to be recovered by action for every five days of such refusal
or neglect.
SECTION 161. ORS 165.990 is amended to read:
165.990. { - (1) Any officer, agent, operator or employee of
any telegraph company who refuses or willfully omits to transmit
communications in accordance with ORS 165.480, or designedly
alters or falsifies such communications, is liable to indictment
and, upon conviction, may be punished by fine or imprisonment, at
the discretion of the court. - }
{ - (2) Violation of ORS 165.485 or 165.490 is punishable,
upon conviction, by a fine of not exceeding $1,000 or
imprisonment in the county jail for not exceeding one year, or
both. - }
{ - (3) Violation of ORS 165.495 is punishable, upon
conviction, by a fine of not exceeding $500 or imprisonment in
the county jail for not exceeding six months, or both. - }
{ - (4)(a) - } Violation of ORS 165.692 is a Class C felony
{ - punishable as provided in ORS chapter 161 - } .
{ - (b) - } Criminal prosecution of violators of ORS 165.692
{ - shall - } { + must + } be commenced within five years
after the commission of the crime.
SECTION 162. ORS 166.180 is amended to read:
166.180. Any person who, as a result of failure to use ordinary
care under the circumstances, wounds any other person with a
bullet or shot from any firearm, or with an arrow from any bow,
{ - shall be punished by imprisonment in the county jail for a
period not to exceed six months, or by a fine not to exceed $500,
or both - } { + commits a Class B misdemeanor + }. In addition,
any person so convicted shall forfeit any license to hunt,
obtained under the laws of this state, and shall be ineligible to
obtain a license to hunt for a period of 10 years following the
date of conviction.
SECTION 163. ORS 166.300 is amended to read:
166.300. (1) Any person who has committed, with firearms of any
kind or description, murder in any degree, or manslaughter,
either voluntary or involuntary, or who in a careless or reckless
manner, kills or injures another with firearms, and who, at any
time after committing murder or manslaughter or after said
careless or reckless killing or injury of another, carries or
bears firearms of any kind or description within this state,
{ - shall be punished upon conviction by a fine of not more
than $500, or by imprisonment in the county jail not to exceed
one year, or both - } { + commits a Class A misdemeanor + }.
(2) Subsection (1) of this section does not deprive the people
of this state of the right to bear arms for the defense of
themselves and the state, and does not apply to any peace officer
in the discharge of official duties or to a member of any
regularly constituted military organization while on duty with
such military organization.
{ - (3) Justice courts, county courts and all other courts
having jurisdiction as justice courts, shall have concurrent
jurisdiction with the circuit courts of all prosecutions under
subsection (1) of this section. - }
SECTION 164. ORS 166.320 is amended to read:
166.320. (1) Any person who places or sets any loaded
springgun, setgun, or any gun, firearm or other device of any
kind designed for containing or firing explosives, in any place
where it may be fired, exploded or discharged by the contact of
any person or animal with any string, wire, rod, stick, spring or
other contrivance affixed to or connected with it, or with its
trigger, { - shall be punished upon conviction by a fine of not
less than $100 nor more than $500, or by imprisonment in the
county jail for not less than 30 days nor more than six months,
or both - } { + commits a Class B misdemeanor + }.
(2) Subsection (1) of this section does not apply to any loaded
springgun, setgun, firearm or other device placed for the purpose
of destroying gophers, moles or other burrowing rodents, and does
not prevent the use of a coyote getter by employees of county,
state or federal governments engaged in cooperative predatory
animal control work.
SECTION 165. ORS 166.330 is amended to read:
166.330. Any person who uses in any firearms discharged on
lands within this state, not owned by the person, anything other
than incombustible gun wadding, { - shall be punished upon
conviction by a fine of not less than $5 nor more than $100, or
by imprisonment in the county jail for not less than two days nor
more than 60 days - } { + commits a Class C misdemeanor + }.
SECTION 166. ORS 166.715 is amended to read:
166.715. As used in ORS 166.715 to 166.735, unless the context
requires otherwise:
(1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
(2) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(3) 'Investigative agency' means the Department of Justice or
any district attorney.
(4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
(5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
(6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to
commit:
(a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
(A) ORS 59.005 to 59.451, 59.710 to 59.830, 59.991 and 59.995,
relating to securities;
(B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
(C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355
and 162.365, relating to obstructing governmental administration;
(D) ORS 162.405 to 162.425, relating to abuse of public office;
(E) ORS 162.455, relating to interference with legislative
operation;
(F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
(G) ORS 163.160 to 163.205, relating to assault and related
offenses;
(H) ORS 163.225 and 163.235, relating to kidnapping;
(I) ORS 163.275, relating to coercion;
(J) ORS 163.670 to 163.693, relating to sexual conduct of
children;
(K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.098, 164.125, 164.135, 164.140, 164.215, 164.225 and
164.245 to 164.270, relating to theft, burglary, criminal
trespass and related offenses;
(L) ORS 164.315 to 164.335, relating to arson and related
offenses;
(M) ORS 164.345 to 164.365, relating to criminal mischief;
(N) ORS 164.395 to 164.415, relating to robbery;
(O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
(P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
(Q) ORS 165.080 to 165.109, relating to business and commercial
offenses;
(R) ORS { - 165.485 to 165.515, - } 165.540 and 165.555,
relating to communication crimes;
(S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
(T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, 167.054, 167.057, 167.062 to 167.080,
167.090, 167.122 to 167.137, 167.147, 167.164, 167.167, 167.212,
167.355, 167.365, 167.370, 167.428, 167.431 and 167.439, relating
to prostitution, obscenity, sexually explicit material, sexual
conduct, gambling, computer crimes involving the Oregon State
Lottery, animal fighting, forcible recovery of a fighting bird
and related offenses;
(U) ORS 171.990, relating to legislative witnesses;
(V) ORS 260.575 and 260.665, relating to election offenses;
(W) ORS 314.075, relating to income tax;
(X) ORS 180.440 (2) and 180.486 (2) and ORS chapter 323,
relating to cigarette and tobacco products taxes and the
directories developed under ORS 180.425 and 180.477;
(Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
(Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
(AA) ORS 463.995, relating to boxing, mixed martial arts and
entertainment wrestling, as defined in ORS 463.015;
(BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
(CC) ORS 475.005 to 475.285 and 475.840 to 475.980, relating to
controlled substances;
(DD) ORS 480.070, 480.210, 480.215, 480.235 and 480.265,
relating to explosives;
(EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
(FF) ORS 658.452 or 658.991 (2) to (4), relating to farm labor
contractors;
(GG) ORS chapter 706, relating to banking law administration;
(HH) ORS chapter 714, relating to branch banking;
(II) ORS chapter 716, relating to mutual savings banks;
(JJ) ORS chapter 723, relating to credit unions;
(KK) ORS chapter 726, relating to pawnbrokers;
(LL) ORS 166.382 and 166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 86A.095 to 86A.198, relating to mortgage bankers and
mortgage brokers;
(OO) ORS chapter 496, 497 or 498, relating to wildlife;
(PP) ORS 163.355 to 163.427, relating to sexual offenses;
(QQ) ORS 166.015, relating to riot;
(RR) ORS 166.155 and 166.165, relating to intimidation;
(SS) ORS chapter 696, relating to real estate and escrow;
(TT) ORS chapter 704, relating to outfitters and guides;
(UU) ORS 165.692, relating to making a false claim for health
care payment;
(VV) ORS 162.117, relating to public investment fraud;
(WW) ORS 164.170 or 164.172;
(XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting;
(YY) ORS 164.886;
(ZZ) ORS 167.312 and 167.388;
(AAA) ORS 164.889;
(BBB) ORS 165.800; or
(CCC) ORS 163.263, 163.264 or 163.266.
(b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
(7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(A) ORS chapter 462, relating to racing;
(B) ORS 167.108 to 167.164, relating to gambling; or
(C) ORS 82.010 to 82.170, relating to interest and usury.
(b) In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under federal or
state law.
(8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to
the statute.
SECTION 167. ORS 167.337 is amended to read:
167.337. (1) A person commits the crime of interfering with a
law enforcement animal if the person intentionally or knowingly
injures or attempts to injure an animal the person knows or
reasonably should know is a law enforcement animal while the law
enforcement animal is being used in the lawful discharge of its
duty.
(2) Interfering with a law enforcement animal is a Class A
misdemeanor.
{ - (3) When a person is convicted of interfering with a law
enforcement animal, in addition to any other sentence the court
may impose, the court shall impose a fine in the amount of
$500. - }
SECTION 168. ORS 167.339 is amended to read:
167.339. (1) A person commits the crime of assaulting a law
enforcement animal if:
(a) The person knowingly causes serious physical injury to or
the death of a law enforcement animal, knowing that the animal is
a law enforcement animal; and
(b) The injury or death occurs while the law enforcement animal
is being used in the lawful discharge of the animal's duties.
(2) Assaulting a law enforcement animal is a Class C felony.
{ - (3) When a person is convicted of assaulting a law
enforcement animal, in addition to any other sentence the court
may impose, the court shall impose a fine in the amount of
$1,000. - }
SECTION 169. ORS 192.990 is amended to read:
192.990. Violation of ORS 192.710 (1) is a { + Class D + }
violation
{ - punishable by a fine of $10 - } .
SECTION 170. ORS 198.600 is amended to read:
198.600. (1) If a penalty for a violation is not otherwise
provided, violation of any regulation adopted by a district board
under ORS 198.510 to 198.600 is { - punishable, upon
conviction, by a fine of not more than $250 or imprisonment of
not more than 30 days, or both - } { + a Class C
misdemeanor + }.
(2) Actions to impose punishment shall be brought in the name
of the district or county, as the case may be, in any court
having jurisdiction of misdemeanors under state laws. The action
shall be brought in the county in which the district, or the
greater portion of the area of the district, is located.
{ - Fines recovered shall be paid to the clerk of the court who,
after first deducting the court costs in such proceedings, shall
pay the remainder thereof to the treasurer of the district or
county initiating the action to go to and form a part of its
general fund. - }
(3) Any peace officer may enforce an ordinance adopted under
ORS 198.510 to 198.600. ORS 221.333 is applicable to the
enforcement of such ordinances.
SECTION 171. ORS 221.916 is amended to read:
221.916. (1) The mayor and alderpersons shall compose the
common council of any city organized under sections 1 to 6, pages
119 to 123, Oregon Laws 1893. At any regular council meeting, the
common council may:
(a) Provide for lighting the streets and furnishing such city
and its inhabitants with gas or other lights, and with pure and
wholesome water. For such purpose it may construct such water,
gas or other works, within or without the city limits, as may be
necessary or convenient therefor. It may allow the use of the
city streets and alleys to any person, company or corporation who
may desire to establish works for supplying the city and
inhabitants thereof with such water or lights upon such
reasonable terms and conditions as the common council may
prescribe.
(b) Permit, allow and regulate the laying down of tracks for
streetcars and other railroads upon such streets as the common
council may designate, and upon such terms and conditions as the
common council may prescribe.
(c) Allow and regulate the erection and maintenance of poles,
or poles and wires, for telegraph, telephone, electric light or
other purposes, upon or through the streets, alleys or public
grounds of such city.
(d) Permit and regulate the use of alleys, streets and public
grounds of the city for laying down or repairing gas and water
mains, for building and repairing sewers and for erecting gas or
other lights.
(e) Preserve the streets, lights, side and crosswalks, bridges
and public grounds from injury, prevent the unlawful use of the
same and regulate their use.
(f) Fix the maximum rate of wharfage, rates for gas or other
lights, rates for carrying passengers on street railways and
water rates. No city shall ever deprive itself of the right
through its common council of regulating and adjusting any such
rates, so that the same shall be reasonable for the service
rendered, at least once in any period of two years.
(g) License, tax, regulate, restrain and prohibit barrooms and
tippling houses, and all places where spirituous, vinous or malt
liquors are sold, or in any manner disposed of contrary to law.
No license shall be issued for a lesser sum than that provided by
law.
(h) Prevent and suppress gaming and gambling houses, and all
games of chance, including lotteries and pool selling.
(i) Prevent and suppress bawdyhouses, lewd and lascivious
cohabitation, opium-smoking houses and places occupied or kept
therefor.
(j) License, regulate and control any lawful business, trade,
occupation, profession or calling, carried on or conducted within
the corporate limits of any such city.
(k) Suppress and prohibit anything that is injurious to the
public morals, public safety or public health of the inhabitants
of any such city. The common council may define, suppress and
prohibit nuisances of every kind, including those arising out of
the receipt, sale or disposal of intoxicating liquor in violation
of law.
(L) Regulate, suppress and prohibit the running at large within
the corporate limits of any and all domestic animals, including
fowls, and provide for the impoundment and sale, after notice, of
such animals.
(m) Exercise any and all police regulations concerning the
public morals, public safety, public health and public
convenience of the inhabitants of any such city.
(n) Provide for the surveying of blocks and streets of the city
and for marking the boundary lines of such blocks and streets,
and the establishing of grades of the streets, sidewalks and
crosswalks.
(o) Prevent and punish trespass on real and personal property
within the corporate limits of such city.
(p) Make bylaws and ordinances not inconsistent with the laws
of the United States or of this state to carry into effect the
provisions of ORS 221.901 to 221.928.
(q) Provide, in addition to such action as may be appropriate
to carry into full effect the object to be achieved, for the
punishment of persons violating any bylaws or ordinances by fine
or imprisonment, or both, and the working of such persons on the
city streets or at any other work. { - No fine shall exceed the
sum of $50, nor shall any imprisonment exceed 20 days. - }
(2) Nothing contained in ORS 221.901 to 221.928 shall be so
construed as to oust the state courts of jurisdiction to indict
or punish persons for offenses against any law of the state
committed within the limits of any such city.
SECTION 172. ORS 240.990 is amended to read:
240.990. (1) Subject to ORS 153.022, any person who willfully
violates any provision of this chapter or of the rules thereunder
{ - is guilty of a - } { + commits a Class A + } misdemeanor
{ - and is punishable, upon conviction, by a fine of not more
than $500 or by imprisonment in the county jail for a term not
exceeding one year, or both - } .
(2) Any person who fails to appear in response to a subpoena or
to answer any question or produce any books or papers pertinent
to any investigation or hearing authorized by this chapter
{ - is guilty of a - } { + commits a Class A + } misdemeanor.
(3) A state officer or employee who fails to comply with any
provision of this chapter or of any rule, regulation or order
thereunder is subject to all penalties and remedies provided by
law for failure of a public officer or employee to do an act
required of a public officer or employee by law.
(4) Any person who is convicted of a { + Class A + }
misdemeanor under this chapter shall, for a period of five years,
be ineligible for appointment to or employment in a position in
the state service, and if the person is an officer or employee of
the state, shall be deemed guilty of malfeasance in office and
shall be subject to forfeit of the office or position.
SECTION 173. ORS 241.990 is amended to read:
241.990. (1) Except as otherwise provided in this section,
willful violation of any of the provisions of ORS 241.016 to
241.990 is a { + Class A + } misdemeanor { - and, upon
conviction, is punishable by a fine of not less than $25 nor more
than $1,000, or by imprisonment in the county jail for not longer
than one year, or both - } .
(2) Willful false swearing in any hearing or investigation
before the commission, or designated commissioner, is perjury and
punishable as such.
(3) Violation of ORS 241.525 is { - punishable, upon
conviction, by a fine of not less than $50 nor more than $1,000
or imprisonment of not less than 10 days nor more than two years,
or both - } { + a Class A misdemeanor + }. In addition, if the
person convicted is a public officer of the state or any civil
division thereof, including counties and cities, the person shall
be deprived of office.
{ - (4) The circuit court shall have jurisdiction of all
offenses defined by ORS 241.016 to 241.990. - }
SECTION 174. ORS 267.990 is amended to read:
267.990. Any person violating a police ordinance of a mass
transit district { - is guilty of a - } { + commits a Class
A + } misdemeanor
{ - and upon conviction shall be punished by a fine of not more
than $250 - } .
SECTION 175. ORS 268.990 is amended to read:
268.990. { - (1) - } Violation of any ordinance, rule or
regulation adopted by a district { - shall be punishable by a
fine of not more than $500 or by imprisonment in a county jail
for not more than 30 days or by both - } { + is a Class C
misdemeanor + }.
{ - (2) Any penalty for such a violation may be imposed or
enforced by the district in the circuit court of the state for
the county where the violation takes place. - }
SECTION 176. ORS 279A.990 is amended to read:
279A.990. (1) The provisions of ORS 291.990 apply to ORS
279A.140, 279A.280 and 279B.270. Any violation of ORS 279A.140,
279A.280 or 279B.270 shall be punished as described in ORS
291.990.
(2) Any contractor, subcontractor, agent or person in authority
or in charge who violates any provision of ORS 279C.520 or
279C.540 as to hours of labor { - shall be fined not less than
$50 nor more than $1,000 or imprisoned in the county jail for not
less than five days nor more than one year, or both - } { +
commits a Class A misdemeanor + }.
(3) Any contractor or subcontractor subject to ORS 279C.840 who
fails to pay the prevailing rate of wage as required by ORS
279C.840 { - shall be punished by a fine of not more than
$1,000 or by imprisonment in the county jail for not more than
six months, or both - } { + commits a Class B misdemeanor + }.
SECTION 177. ORS 291.990 is amended to read:
291.990. { - (1) A person who makes or orders or votes to
make an expenditure in violation of a provision of the statutes
listed in subsection (5) of this section, or who makes or
authorizes or causes to be made a disbursement of funds from the
State Treasury in violation of a provision of the statutes listed
in subsection (5) of this section, commits a violation and shall,
upon conviction, be punished by a fine of not less than $500 nor
more than $3,000. - }
{ - (2) - } { + (1) + } If a person incurs or orders or
votes to incur an obligation in violation of a provision of the
statutes listed in subsection { - (5) - } { + (4) + } of this
section, the person and the sureties on the person's bond are
jointly and severally liable for the violation to the person in
whose favor the obligation was incurred.
{ - (3) - } { + (2) + } Upon certification by the Oregon
Department of Administrative Services that a state officer or
employee of a state agency has failed or refused to comply with
an order, rule or regulation the department made in accordance
with the statutes listed in subsection { - (5) - } { +
(4) + } of this section, the salary of the officer or employee
may not be paid until the order, rule or regulation is complied
with.
{ - (4) - } { + (3) + } A violation of a provision of a
statute listed in subsection { - (5) - } { + (4) + } of this
section { - for which no other penalty is provided in this
section - } is a Class A violation.
{ - (5) - } { + (4) + } Subsections (1) to { - (4) - }
{ + (3) + } of this section apply to ORS 279A.140, 279A.280,
279B.270, 283.020, 283.110, 283.140, 283.143, 283.305 to 283.390,
291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260,
291.307, 292.220 and 292.230.
SECTION 178. ORS 293.990 is amended to read:
293.990. (1) Any person, official or state agent violating ORS
293.265 to 293.280 or failing to comply with any of the
requirements of those sections within the time provided shall be
liable on the official bond of the person, officer or state agent
and { - shall, upon conviction thereof, be punished by a fine
not exceeding $1,000 or by imprisonment in the county jail for a
period not exceeding one year, or both - } { + commits a Class
A misdemeanor + }.
(2) In addition to civil liability, violation of ORS 293.620 is
a Class A violation. { - Upon conviction, the defendant is
liable for all costs of the prosecution in accordance with ORS
151.505 or 161.665. - }
SECTION 179. ORS 305.990 is amended to read:
305.990. (1) Any person who willfully presents or furnishes to
the Department of Revenue any statement required under ORS
305.160, which statement is false or fraudulent, { - is guilty
of - } { + commits + } perjury and upon conviction shall be
punished as provided by law therefor.
(2) Any person who gives testimony before the Director of the
Department of Revenue which is false or fraudulent, { - is
guilty of - } { + commits + } perjury and upon conviction shall
be punished as provided by law therefor.
(3) Any public officer who neglects or refuses to perform any
of the duties imposed on the public officer by law as to the
assessment, levying or collection of taxes { - shall be
punished, upon conviction, by a fine not exceeding $500 or by
imprisonment in the county jail not exceeding one year - } { +
commits a Class A misdemeanor + }.
(4) Violation of ORS 305.815 is { - punishable, upon
conviction, by a fine of not more than $1,000 or by imprisonment
for not more than one year in the county jail, or both - } { +
a Class A misdemeanor + }.
(5) Violation of ORS 305.260 is { - punishable, upon
conviction, as - } a Class A misdemeanor { - , as provided in
ORS chapter 161 - } . If the offender is an officer or employee
of the state the offender shall be dismissed from office and
shall be incapable of holding any public office in this state for
a period of five years thereafter.
SECTION 180. ORS 307.990 is amended to read:
307.990. If any person shall willfully deliver any statement to
the officer charged with assessment of property for tax purposes
in the county of the person containing a false statement of a
material fact, whether it be an owner, shipper, the agent of the
person, or a storageman or warehouseman of the agent of the
person, the person { - shall be guilty of a - } { + commits a
Class B + } misdemeanor { - , and upon conviction shall be
punished by a fine of not more than $500 or by imprisonment in
the county jail for not more than six months - } .
SECTION 181. ORS 319.990 is amended to read:
319.990. (1) Any person who violates any of the provisions of
ORS 319.010 to 319.430, or any person who makes any false
statement in any statement required by ORS 319.010 to 319.430 for
the refund of any money or tax as provided in ORS 319.010 to
319.430, or who collects or causes to be repaid to the person or
any person any tax, without being entitled to it under the
provisions of ORS 319.010 to 319.430, { - shall, upon
conviction, be punished by a fine of not more than $1,000, or by
imprisonment in the county jail not more than six months, or
both - } { + commits a Class B misdemeanor + }.
(2) Violation of ORS 319.180 (6) or 319.694 (4) is theft of
public money and, upon conviction, is punishable as provided in
ORS 164.043 to 164.057.
(3) Violation of any provision of ORS 319.240 (4) and (5) is
{ - punishable, upon conviction, by a fine of not more than
$5,000, or by imprisonment in the county jail not exceeding six
months, or both - } { + a Class B misdemeanor + }.
(4) Violation of any provision of ORS 319.510 to 319.880 is a
{ + Class A + } misdemeanor.
{ - (5) Justice courts have concurrent jurisdiction with the
circuit court of all violations under the provisions of ORS
319.010 to 319.125 and 319.190 to 319.430, 319.510 to 319.880 or
this section. - }
SECTION 182. ORS 320.990 is amended to read:
320.990. Violation of any provision of ORS 320.005 to 320.150
{ - by any person is punishable, upon conviction, by a fine of
not more than $500, or by imprisonment in the county jail for not
more than six months, or by both - } { + is a Class B
misdemeanor + }. { - Justice courts have concurrent
jurisdiction with the circuit courts of any prosecution provided
for in this subsection. - }
SECTION 183. ORS 321.991 is amended to read:
321.991. Violation of any provision of ORS 321.005 to 321.185
and 321.560 to 321.600 is { - punishable, upon conviction, by a
fine not exceeding $1,000 or by imprisonment in the county jail
for not exceeding one year, or by both - } { + a Class A
misdemeanor + }.
SECTION 184. ORS 341.300 is amended to read:
341.300. (1) The board may adopt such regulations as it
considers necessary to provide for the policing, control and
regulations of traffic and parking of vehicles on property under
the jurisdiction of the board. Such regulations may provide for
the registration of vehicles, the designation and posting of
parking areas, and the assessment and collection of reasonable
fees and charges for parking and shall be filed in the board
business office on the campus and shall be available for public
inspection. The board may require that before a quarterly or
yearly parking privilege for any vehicle is granted to any
full-time or part-time student to use board property, the student
must show that the vehicle is operated by a student holding a
valid driver license, that the vehicle is currently registered
and that the student driving the vehicle is insured under a motor
vehicle liability insurance policy that meets the requirements
described under ORS 806.080 or that the student or owner of the
vehicle has provided the Department of Transportation with other
satisfactory proof of compliance with the financial
responsibility requirements of this state.
(2) The regulations adopted pursuant to subsection (1) of this
section may be enforced administratively under procedures adopted
by the board. Administrative and disciplinary sanctions may be
imposed upon students, faculty, and staff for violation of the
regulations. The board may establish hearing procedures for the
determination of controversies in connection with imposition of
{ - fines or - } penalties.
(3) Upon agreement between the board and a city or county in
which all or part of the community college campus is located,
proceedings to enforce regulations adopted pursuant to subsection
(1) of this section shall be brought in the name of the city or
county enforcing the regulation in the circuit, justice or
municipal court in the county in which the violation occurred.
{ - The fines, penalties and costs recovered shall be paid to
the clerk of the court involved in accordance with the agreement
between the board and the city or county with which the agreement
is made. - }
(4) The regulations adopted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and
a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their
owners.
(5) Every peace officer acting within the jurisdictional
authority of a governmental unit of the place where the violation
occurs shall enforce the regulations adopted by the board under
subsection (1) of this section if an agreement has been entered
into pursuant to subsection (3) of this section. The board, for
the purpose of enforcing its regulations governing traffic
control, may appoint peace officers who shall have the same
authority as other peace officers as defined in ORS 133.005.
(6) Issuance of traffic citations to enforce the regulations
adopted by the board under subsection (1) of this section shall
conform to the requirements of ORS chapter 153. However, in
proceedings brought to enforce parking regulations, it shall be
sufficient to charge the defendant by an unsworn written notice
in accordance with the provisions of ORS 221.333.
(7) Violation of any regulation adopted by the board pursuant
to subsection (1) of this section and enforced pursuant to
subsection (3) of this section is a { + Class A + } misdemeanor.
SECTION 185. ORS 346.991 is amended to read:
346.991. { - (1) - } Violation of ORS 346.167 { + , 346.620
(1) or (2), 346.650 or 346.660 or any of the provisions of ORS
346.680 to 346.690 + }is { - punishable, upon conviction, by a
fine of not more than $1,000 or by imprisonment in the county
jail for not more than 60 days, or both - } { + a Class C
misdemeanor + }.
{ - (2) Violation of ORS 346.620 (1) or (2) is a Class C
misdemeanor. - }
{ - (3) Violation of ORS 346.650 or 346.660 is a Class C
misdemeanor. - }
{ - (4) Violations of ORS 346.680 to 346.690 are subject to
the penalties provided in subsections (1) to (3) of this
section. - }
SECTION 186. ORS 368.990 is amended to read:
368.990. { - (1) - } Violation of ORS 368.251 { - or - }
{ + , + } 368.256 { + or 368.942 + } is { - punishable, upon
conviction, by a fine not exceeding $100 or by imprisonment in
the county jail not exceeding 60 days, or both - } { + a Class
C misdemeanor + }. { - Justice courts shall have concurrent
jurisdiction with the circuit courts of such offenses. - }
{ - (2) Violation of ORS 368.942 is punishable, upon
conviction, for each violation by a fine of not more than $100 or
imprisonment in the county jail for not more than 30 days or
both. - }
SECTION 187. ORS 376.990 is amended to read:
376.990. (1) Operation of a motor vehicle by any person over a
contract forest road in violation of the contract provisions as
to equipment, weight, width, length or height, is
{ - punishable, upon conviction, by a fine not exceeding $400 or
by imprisonment in the county jail not exceeding one year, or
both - } { + a Class A misdemeanor + }. The definitions in ORS
376.310 apply to this section.
(2) Violation by any person of any of the provisions of ORS
376.305 to 376.390 is { - punishable, upon conviction, by a
fine not exceeding $400 or by imprisonment in the county jail not
exceeding one year, or both - } { + a Class A misdemeanor + }.
SECTION 188. ORS 390.995 is amended to read:
390.995. (1) Violation of ORS 390.640 is a misdemeanor.
(2) Subject to ORS 153.022, any person who violates a rule
adopted under ORS 390.950 to 390.989 { - is guilty of a
misdemeanor, and may be punished by a fine of not more than $500,
or by imprisonment not exceeding six months, or both - } { +
commits a Class B misdemeanor + }.
(3) Subject to ORS 153.022, violation of any provision of ORS
390.640 or 390.705, or any rule adopted to carry out the purposes
of ORS 390.640 or 390.705, { - may be punished by a fine of not
more than $500, or by imprisonment not exceeding six months, or
both - } { + is a Class B misdemeanor + }. Each day that a
person violates ORS 390.640 or 390.705 shall be considered a
separate offense.
SECTION 189. ORS 398.224 is amended to read:
398.224. (1) Any person not subject to this chapter { - is
guilty of an offense against the state when - } { + commits a
Class B misdemeanor if + } the person:
(a) Has been duly subpoenaed to appear as a witness before a
court-martial, court of inquiry or any other military court or
board, or before any military or civil officer designated to take
a deposition to be read in evidence before such a court,
commission or board;
(b) Has been duly paid or tendered the fees and mileage of a
witness at the rates allowed to witnesses attending the circuit
court of the state in ORS 44.415 (2); and
(c) Willfully neglects or refuses to appear, or refuses to
qualify as a witness or to testify or to produce any evidence
which that person may have been legally subpoenaed to produce.
{ - (2) Any person who commits an offense described in
subsection (1) of this section shall be tried before the circuit
court or judge thereof of the county where the offense occurred,
and exclusive jurisdiction is conferred upon those courts for
such purpose. Upon conviction, such a person shall be punished by
a fine of not more than $2,500, or imprisonment for not more than
six months, or both. - }
{ - (3) - } { + (2) + } The district attorney of the county
in which the offense occurred, upon certification of the facts by
the military court, court of inquiry or board, shall prosecute
any person who commits the offense described in subsection (1) of
this section.
{ - The fine shall be deposited in the General Fund of the
State Treasury, to be available for general governmental
expenses. - }
SECTION 190. ORS 399.990 is amended to read:
399.990. Any person violating ORS 399.125 { - is guilty of a
misdemeanor punishable by imprisonment in the county jail not to
exceed six months and a fine not to exceed $500 - } { + commits
a Class B misdemeanor + }. { - The fine shall be recovered by
an action brought by the district attorney in the name of the
state and shall be deposited in the General Fund in the State
Treasury, to be available for general governmental expenses. - }
SECTION 191. ORS 411.990 is amended to read:
411.990. (1) Violation of ORS 411.320 or 411.335 is
{ - punishable, upon conviction, by a fine of not more than
$1,000 or by imprisonment in the county jail for not more than 60
days, or by both - } { + a Class C misdemeanor + }.
(2) Violation of any provision of ORS 411.630 or 411.840 is a
Class C felony which may be reduced to a Class A misdemeanor in
accordance with ORS 161.705.
(3) Violation of ORS 411.675 is a Class C felony.
(4) Criminal prosecution of violators of ORS 411.675 shall be
commenced in accordance with ORS 131.125 (6) and (7).
SECTION 192. ORS 418.215 is amended to read:
418.215. { - (1) - } No private child-caring agency shall
provide or engage in any care or service described in ORS 418.205
unless the agency is at the time:
{ - (a) - } { + (1) + } Duly incorporated under the
corporation laws of any state; and
{ - (b) - } { + (2) + } Licensed to provide or engage in
the care or service by the Department of Human Services under the
provisions of ORS 418.205 to 418.325.
{ - (2) The fine which may be imposed for violation of the
provisions of this section, as provided in ORS 412.991 and
418.990, may be assessed by any court of competent jurisdiction
upon presentation of evidence of such action. - }
SECTION 193. ORS 421.990 is amended to read:
421.990. (1) Violation of ORS 421.340 is { - punishable upon
conviction by a fine not exceeding $1,000 or by imprisonment in
the county jail for a term not exceeding one year, or both - }
{ + a Class A misdemeanor + }.
(2) Violation of ORS 421.105 (2) is punishable in the same
manner as if the individual injured unlawfully was not convicted
or sentenced.
SECTION 194. ORS 431.210 is amended to read:
431.210. (1) There is established in the General Fund the
Public Health Account, classified separately as to federal and
other moneys.
(2) All { - fines, - } fees, penalties, federal
apportionments or contributions and other moneys received by the
Oregon Health Authority relating to public health shall be turned
over to the State Treasurer not later than the 10th day of the
calendar month next succeeding their receipt by the authority and
shall be credited to the Public Health Account.
(3) All moneys credited to the Public Health Account are
continuously appropriated to the authority for the payment of
expenses of the authority.
SECTION 195. ORS 432.900 is amended to read:
432.900. (1) In addition to any other liability or penalty
provided by law, the Director of the Oregon Health Authority may
impose a civil penalty on any person for willful failure to
comply with any part of ORS 432.520. A civil penalty may be
imposed against a health care facility for each day compliance is
refused. The penalty shall be $50 per day for the first 30 days
and $500 per day thereafter. A civil penalty of $50 may be
imposed against a practitioner for each day compliance is
refused.
(2) Any { - fines - } { + amounts + } collected pursuant to
subsection (1) of this section shall be paid into the State
Treasury and deposited in the General Fund.
(3) Civil penalties described in subsection (1) of this section
shall be imposed in the manner provided in ORS 183.745.
SECTION 196. ORS 435.990 is amended to read:
435.990. (1) Violation of any of the provisions of ORS 435.010
to 435.130 is { - punishable, upon conviction, by a fine not to
exceed $200 or imprisonment in a county jail for not exceeding 60
days, or both - } { + a Class C misdemeanor + }.
(2) Sale at wholesale or retail of any goods of the class
specified in ORS 435.010 that do not comply with standards
promulgated under ORS 435.100 (1) is a Class C misdemeanor.
SECTION 197. ORS 441.990 is amended to read:
441.990. (1) Violation of ORS 441.015 (1) is a { + Class B + }
violation { - punishable, upon conviction, by a fine of not
more than $100 for the first violation and not more than $500 for
each subsequent violation - } . Each day of continuing violation
after a first conviction shall be considered a subsequent
violation.
(2) Any person who willfully prevents, interferes with, or
attempts to impede in any way the work of any duly authorized
representative of the Department of Human Services in the lawful
carrying out of the provisions of ORS 441.087 (1) { - is guilty
of - } { + commits + } a Class C misdemeanor.
(3) The removal of the notice required by ORS 441.030 (4) by
any person other than an official of the department is a Class C
misdemeanor.
(4) Any person who, after being excluded by a trustee pursuant
to ORS 441.289 (16), remains upon the premises of a facility or
returns to a facility violates ORS 164.245.
(5) In addition to the penalties under this section, the Oregon
Health Authority, the Department of Human Services or the
Department of Consumer and Business Services may assess civil
penalties against any health care facility or health maintenance
organization under ORS 441.030 or for a violation of ORS 441.015
(1). A civil penalty imposed under this section may not exceed
$5,000.
(6) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745.
(7) Civil penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund for
general governmental purposes.
SECTION 198. ORS 448.305 is amended to read:
448.305. (1) Subject to subsection (2) of this section, by
ordinance a city may prohibit or restrict access for purposes of
fishing, hunting, camping, hiking, picnicking, trapping of wild
animals or birds, harvesting of timber or mining or removal of
minerals or carrying on any other activity in its watershed area,
or by ordinance may permit any such activity in its watershed
area upon conditions specified in the ordinance. However, no
ordinance passed under authority of this section shall prohibit
the hunting or trapping of fur-bearing or predatory mammals doing
damage to public or private property or prohibit the hunting or
trapping of any bird or mammal for scientific purposes, as
defined in ORS 497.298 (3).
(2) Subsection (1) of this section applies only to cities with
respect to watershed areas which are the subject of an agreement
between the city and the United States or any department or
agency thereof, which agreement authorizes such action by the
city.
(3) { + Violation of + } an ordinance adopted by any city
pursuant to this section { - shall include a penalty clause
providing for a penalty upon conviction of a fine of not more
than $100 or imprisonment for not more than 30 days, or both such
fine and imprisonment - } { + is a Class C misdemeanor + }.
(4) After adoption of an ordinance pursuant to subsection (1)
of this section, a city shall post the area with suitable signs
setting forth the prohibition of access or the conditions of
limited access imposed by the ordinance. Failure to post the area
as required in this subsection shall be a defense in any
prosecution under an ordinance adopted by any city under
authority of this section.
SECTION 199. ORS 448.990 is amended to read:
448.990. (1) Violation of ORS 448.005 to 448.090 by any person,
firm or corporation, whether acting as principal or agent,
employer or employee, is { - punishable, upon conviction, by a
fine of not less than $25 nor more than $500 or by imprisonment
in the county jail not exceeding six months, or by both - } { +
a Class B misdemeanor + }. Each day that the violation continues
is a separate offense.
(2) Subject to ORS 153.022, violation of any of the following
is { - punishable as - } a Class A misdemeanor:
(a) Any rule of the Oregon Health Authority adopted pursuant to
ORS 448.115 to 448.330.
(b) Any order issued by the authority pursuant to ORS 448.175.
(c) ORS 448.265 or 448.315 (2)(a).
SECTION 200. ORS 448.992 is amended to read:
448.992. (1) { - Except as provided in subsection (2) of this
section, - } Any person who knowingly and willfully violates ORS
448.415 (2) { - shall upon conviction be punished by a fine of
not more than $500 per day of violation or imprisonment for not
more than six months, or both - } { + commits a Class B
misdemeanor + }.
(2) Any person who knowingly makes any false statement,
representation, or certification in any application, record,
report, plan or other document filed or required to be maintained
under ORS 448.410 to 448.430, or by any rule adopted under ORS
448.410 to 448.430, { - shall upon conviction, be punished by a
fine of not more than $500 or by imprisonment for not more than
six months, or both - } { + commits a Class B misdemeanor + }.
SECTION 201. ORS 448.994 is amended to read:
448.994. (1) { - Except as provided in subsection (2) of this
section, - } Any person who knowingly and willfully violates ORS
448.455 (2) { - shall upon conviction be punished by a fine of
not more than $500 per day of violation or imprisonment for not
more than six months, or both - } { + commits a Class B
misdemeanor + }.
(2) Subject to ORS 153.022, any person who knowingly makes any
false statement, representation, or certification in any
application, record, report, plan or other document filed or
required to be maintained under ORS 448.450 to 448.465 and
448.992, or by any rule adopted under ORS 448.450 to 448.465 and
448.992, { - shall upon conviction, be punished by a fine of
not more than $500 or by imprisonment for not more than six
months, or both - } { + commits a Class B misdemeanor + }.
SECTION 202. ORS 450.990 is amended to read:
450.990. Violation of any regulation or ordinance under ORS
450.085 is { - punishable, upon conviction, by a fine of not
more than $100 or imprisonment of not more than one month, or
both - } { + a Class C misdemeanor + }.
SECTION 203. ORS 460.370 is amended to read:
460.370. All moneys from fees collected by the Department of
Consumer and Business Services under ORS 460.310 to 460.370
{ - and 460.990 (2) - } shall be paid into the Consumer and
Business Services Fund created by ORS 705.145 and are
continuously appropriated to the department for use as provided
in ORS 455.022.
SECTION 204. ORS 460.990 is amended to read:
460.990. (1) Violation of any of the provisions of ORS 460.005
to 460.175 is { - punishable, upon conviction, by a fine not to
exceed $100 or by imprisonment in the county jail for not more
than 60 days, or both - } { + a Class C misdemeanor + }.
(2) Violation of any provisions of ORS 460.310 to 460.370 is a
Class B misdemeanor.
SECTION 205. ORS 462.405 is amended to read:
462.405. (1) The board of stewards appointed by the Oregon
Racing Commission for a race meet may, after an inquiry and
hearing, impose appropriate sanctions for failure to comply with
the laws and rules of racing and with the authorized commission
or board directives applicable to said race meet, subject to the
following limitations:
(a) { - No fine shall - } { + A civil penalty may not + }
exceed $500 per offense.
(b) { - No - } { + A + } license suspension { - shall - }
{ + may not + } be for a period longer than 365 calendar days
from the date of issuance of the order of the board of stewards.
(2) Any sanction imposed by the board of stewards shall take
effect on the date so indicated in the board's ruling unless the
effective date is stayed for good cause shown by specific order
of the executive director of the commission, or a member of the
commission, pending commission review.
(3) In lieu of the board of stewards conducting any inquiry and
hearing provided for by subsection (1) of this section, the board
of stewards may request the commission to appoint and designate a
person to conduct such inquiry and hearing who shall be known as
a hearings master. The hearings master shall have the same
authority and power as the board of stewards in conducting the
inquiry and hearing. Any person adversely affected by any
hearings master ruling has the right to appeal to the commission
as provided for in subsection (4) of this section. The hearings
master need not be an administrative law judge assigned from the
Office of Administrative Hearings established under ORS 183.605.
(4) The board of stewards may refer any matter before it to the
commission for appropriate review or action either before or
after a board hearing or ruling. A person adversely affected by
any board ruling has the right to appeal to the commission for a
review and hearing as provided in ORS chapter 183. Such review
shall be perfected by filing a written notice of appeal with the
executive director within 10 days after the board ruling is
issued. Hearings conducted by the commission under this
subsection shall be heard by an administrative law judge assigned
from the Office of Administrative Hearings established under ORS
183.605. The commission is not limited in its actions or in the
sanctions it may impose by any ruling of the board or by any
limitation imposed upon the board by commission rule or
regulation or by subsection (2) of this section.
SECTION 206. ORS 462.990 is amended to read:
462.990. (1) Except as { - hereinafter - } provided in this
section, violations of any provision of this chapter is a
{ + Class A + } misdemeanor.
(2) Any person violating the provisions of ORS 462.420,
462.430, 462.450, 462.460, 462.470 or 462.415 (2) { - shall,
upon conviction, be guilty of a felony and punished by
imprisonment in the custody of the Department of Corrections for
not more than two years or by a fine of not more than $5,000, or
by both - } { + commits a Class C felony + }.
(3) Any person who conspires or attempts to commit or commits
any act of touting as defined in ORS 462.510 { - shall, upon
conviction, be fined not more than $500 or be imprisoned for not
more than six months, or both - } { + commits a Class B
misdemeanor + }.
(4) Any person violating the provisions of ORS 462.140 (1)
{ - shall be punished upon conviction by imprisonment in the
county jail for not more than one year or by imprisonment in the
custody of the Department of Corrections for not more than five
years or by a fine of not more than $5,000, or both such fine and
imprisonment - } { + commits a Class A misdemeanor + }.
SECTION 207. ORS 466.913 is amended to read:
466.913. (1) The Fuel Tank Compliance and Corrective Action
Fund is established separate and distinct from the General Fund
in the State Treasury.
(2) The following moneys, as they pertain to a fuel tank
facility, shall be deposited into the State Treasury and credited
to the Fuel Tank Compliance and Corrective Action Fund:
(a) Moneys recovered or otherwise received from responsible
parties for corrective action related to a fuel tank facility;
(b) Moneys allocated to the fund from the Administrative
Services Economic Development Fund;
(c) Any penalty { - , fine - } or damages recovered under ORS
466.770 pertaining to a fuel tank facility; and
(d) Any moneys received pursuant to ORS 466.910.
(3) The State Treasurer may invest and reinvest moneys in the
fund in the manner provided by law.
(4) The moneys in the fund are appropriated continuously to the
Department of Environmental Quality to be used as provided in
subsection (5) of this section.
(5) Moneys in the fund may be used by the department for
administration and funding of the essential services grant
program established under ORS 466.903 and 466.905.
SECTION 208. ORS 466.995, as amended by section 7, chapter 267,
Oregon Laws 2009, is amended to read:
466.995. (1) Penalties provided in this section are in addition
to and not in lieu of any other remedy specified in ORS 459.005
to 459.105, 459.205 to 459.385, 466.005 to 466.385 or 466.992.
(2) Subject to ORS 153.022, violation by any person of a
provision of ORS 466.605 to 466.680 or of any rule or order
entered or adopted under ORS 466.605 to 466.680 is
{ - punishable, upon conviction, by a fine of not more than
$25,000 or by imprisonment in the county jail for not more than
one year or both - } { + Class A misdemeanor + }. { +
Notwithstanding ORS 161.635, the maximum fine for a violation is
$25,000. + } Each day of violation shall be considered a separate
offense.
(3) Subject to ORS 153.022, any person who knowingly violates
any provision of ORS 466.706 to 466.882 and 466.994 or the rules
adopted under ORS 466.706 to 466.882 and 466.994 { - shall be
subject to a criminal penalty not to exceed $25,000 or
imprisonment for not more than one year or both - } { + commits
a Class A misdemeanor + }. { + Notwithstanding ORS 161.635,
the maximum fine for a violation is $25,000. + } Each day of
violation shall be deemed a separate offense.
(4) Subject to ORS 153.022, any person who knowingly violates
any provision of ORS 465.200 to 465.545 or any rule or order
adopted or issued under ORS 465.200 to 465.545 { - shall, upon
conviction, be subject to a criminal penalty not to exceed
$25,000 or imprisonment for not more than one year, or both. - }
{ + commits a Class A misdemeanor. Notwithstanding ORS 161.635,
the maximum fine for a violation is $25,000. + } Each day of
violation shall be deemed a separate offense.
(5) Notwithstanding ORS 161.655, if a person incurring a fine
under this section is a corporation, the corporation shall pay
the fine provided for under this section.
SECTION 209. ORS 468.140, as amended by section 9, chapter 267,
Oregon Laws 2009, is amended to read:
468.140. (1) In addition to any other penalty provided by law,
any person who violates any of the following shall incur a civil
penalty for each day of violation in the amount prescribed by the
schedule adopted under ORS 468.130:
(a) The terms or conditions of any permit required or
authorized by law and issued by the Department of Environmental
Quality or a regional air quality control authority.
(b) Any provision of ORS 164.785, 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and
783.625 to 783.640 and ORS chapter 467 and ORS chapters 468, 468A
and 468B.
(c) Any rule or standard or order of the Environmental Quality
Commission adopted or issued pursuant to ORS 448.305, 454.010 to
454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to
454.755 and 783.625 to 783.640 and ORS chapter 467 and ORS
chapters 468, 468A and 468B.
(d) Any term or condition of a variance granted by the
commission or department pursuant to ORS 467.060.
(e) Any rule or standard or order of a regional authority
adopted or issued under authority of ORS 468A.135.
(f) The financial assurance requirement under ORS 468B.390 and
468B.485 or any rule related to the financial assurance
requirement under ORS 468B.390.
(2) Each day of violation under subsection (1) of this section
constitutes a separate offense.
(3)(a) In addition to any other penalty provided by law, any
person who intentionally or negligently causes or permits the
discharge of oil or hazardous material into the waters of the
state or intentionally or negligently fails to clean up a spill
or release of oil or hazardous material into the waters of the
state as required by ORS 466.645 shall incur a civil penalty not
to exceed the amount of $100,000 for each violation.
(b) In addition to any other penalty provided by law, the
following persons shall incur a civil penalty not to exceed the
amount of $25,000 for each day of violation:
(A) Any person who violates the terms or conditions of a permit
authorizing waste discharge into the air or waters of the state.
(B) Any person who violates any law, rule, order or standard in
ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and 783.625 to 783.640 and ORS
chapters 468, 468A and 468B relating to air or water pollution.
(C) Any person who violates the provisions of a rule adopted or
an order issued under ORS 459A.590.
(4) In addition to any other penalty provided by law, any
person who violates the provisions of ORS 468B.130 shall incur a
civil penalty not to exceed the amount of $1,000 for each day of
violation.
(5) Subsection (1)(c) and (e) of this section does not apply to
violations of motor vehicle emission standards which are not
violations of standards for control of noise emissions.
(6) Notwithstanding the limits of ORS 468.130 (1) and in
addition to any other penalty provided by law, any person who
intentionally or negligently causes or permits open field burning
contrary to the provisions of ORS 468A.555 to 468A.620 and
468A.992, 476.380 and 478.960 shall be assessed by the department
a civil penalty of at least $20 but not more than $40 for each
acre so burned. Any { - fines - } { + amounts + } collected
by the department pursuant to this subsection shall be deposited
with the State Treasurer to the credit of the General Fund and
shall be available for general governmental expense. As used in
this subsection, ' open field burning' does not include propane
flaming of mint stubble.
SECTION 210. ORS 468.943 is amended to read:
468.943. (1) A person commits the offense of unlawful water
pollution in the second degree if the person with criminal
negligence violates ORS chapter 468B or any rule, standard,
license, permit or order adopted or issued under ORS chapter
468B.
(2) Subject to ORS 153.022, unlawful water pollution in the
second degree is { - punishable by a fine of up to $25,000 or
imprisonment for not more than one year, or both - } { + a
Class A misdemeanor + }. { + Notwithstanding ORS 161.635, the
maximum fine for a violation is $25,000. + }
SECTION 211. ORS 468A.580 is amended to read:
468A.580. (1) Permits under ORS 468A.575 for open field burning
of cereal grain crops shall be issued in the counties listed in
ORS 468A.560 only if the person seeking the permit submits to the
issuing authority a signed statement under oath or affirmation
that the acreage to be burned will be planted to seed crops other
than cereal grains which require flame sanitation for proper
cultivation.
(2) The Department of Environmental Quality shall inspect
cereal grain crop acreage burned under subsection (1) of this
section after planting in the following spring to determine
compliance with subsection (1) of this section.
(3) Any person planting contrary to the restrictions of
subsection (1) of this section shall be assessed by the
department a civil penalty of $25 for each acre planted contrary
to the restrictions. Any { - fines - } { + amounts + }
collected by the department under this subsection shall be
deposited by the State Treasurer in the Department of Agriculture
Service Fund to be used in carrying out the smoke management
program in cooperation with the Oregon Seed Council and for
administration of this section.
(4) Any person planting seed crops after burning cereal grain
crops under subsection (1) of this section may apply to the
department for permission to plant contrary to the restrictions
of subsection (1) of this section if the seed crop fails to grow.
The department may allow planting contrary to the restrictions of
subsection (1) of this section if the crop failure occurred by
reasons other than the negligence or intentional act of the
person planting the crop or one under the control of the person
planting the crop.
SECTION 212. ORS 469.990 is amended to read:
469.990. (1) In addition to any penalties under subsection (2)
of this section, a person who discloses confidential information
in violation of ORS 469.090, willfully or with criminal
negligence, as defined by ORS 161.085, may be subject to removal
from office or immediate dismissal from public employment.
(2)(a) Willful disclosure of confidential information in
violation of ORS 469.090 is { - punishable upon conviction, by
a fine of not more than $10,000 or imprisonment for up to one
year, or both, for each offense - } { + a Class A
misdemeanor + }. { + Notwithstanding ORS 161.635, the maximum
fine for a violation is $10,000. + }
(b) Disclosure of confidential information in violation of ORS
469.090 with criminal negligence, as defined by ORS 161.085, is a
Class A violation.
(3) Any person who violates ORS 469.825 commits a Class A
misdemeanor.
SECTION 213. ORS 471.559 is amended to read:
471.559. (1) If no warning sign is posted:
(a) The Oregon Liquor Control Commission shall furnish a
warning sign.
(b) The retailer shall have five days from the receipt of the
warning sign to post it appropriately.
(2) If there is a violation of this section or of ORS 471.551,
the violator shall be subject to:
(a) A written warning from the commission for the first
violation accompanied by a copy of the sign.
(b) A { - fine - } { + civil penalty + } of not to exceed
$25 payable to the commission for a second violation.
(c) A { - fine - } { + civil penalty + } of not to exceed
$25 for the third and subsequent violations for each day the sign
is not posted.
(3) The { - fine - } { + civil penalty + } imposed under
subsection (2) of this section shall be separate from any other
sanction or penalty imposed by the commission and shall not be
used in any progressive violation schedule.
(4) The penalty provided by this section shall be the sole
penalty for violation of this section or ORS 471.551 or the rules
adopted under section 1, chapter 324, Oregon Laws 1991.
(5) Violation of this section or ORS 471.551 or the rules
adopted under section 1, chapter 324, Oregon Laws 1991, shall not
be grounds for refusal to issue a license, cancellation of a
license or suspension of a license issued under this chapter.
(6) Nothing in this section or ORS 471.551 or the rules adopted
under section 1, chapter 324, Oregon Laws 1991, creates any new
cause of action or any private right of any person.
SECTION 214. ORS 471.990 is amended to read:
471.990. (1) Except where other punishment is specifically
provided for, violation of any provision of this chapter and ORS
474.105 and 474.115 is a { + Class A + } misdemeanor.
{ - (2) Except as otherwise specifically provided, municipal,
justice and circuit courts have concurrent jurisdiction of all
violations of this chapter and ORS 474.105 and 474.115 committed
within their respective jurisdictions. - }
{ - (3) - } { + (2) + } A second or subsequent violation of
ORS 471.440 is
{ - punishable upon conviction by imprisonment in the custody
of the Department of Corrections for not more than three years
and by a fine of not more than $3,000 - } { + Class C
felony + }.
(4) Subject to ORS 153.022, violation of any regulation
promulgated under ORS 471.730 (5) is a Class C violation.
SECTION 215. ORS 473.990 is amended to read:
473.990. (1) Violation of ORS 473.170 (1) is { - punishable
upon conviction by a fine not exceeding $500 or by imprisonment
in the county jail not exceeding six months, or both - } { + a
Class B misdemeanor + }.
(2) Violation of ORS 473.170 (2) is { - punishable upon
conviction by a fine not exceeding $1,000 or by imprisonment in
the county jail not exceeding one year, or both - } { + a Class
A misdemeanor + }.
SECTION 216. ORS 473.992 is amended to read:
473.992. Failure to pay a tax under ORS 473.045 (5) is
{ - punishable, upon conviction, by a fine of not more than
$500, or by imprisonment in the county jail for not more than 90
days, or both - } { + a Class C misdemeanor + }.
SECTION 217. ORS 475.495 is amended to read:
475.495. (1) The Illegal Drug Cleanup Fund is established
separate and distinct from the General Fund in the State
Treasury.
(2) The following moneys shall be deposited into the State
Treasury and credited to the Illegal Drug Cleanup Fund:
(a) Moneys recovered or otherwise received from responsible
parties for cleanup costs;
(b) Moneys received from a state agency, local government unit
or any agency of a local government unit for cleanup of illegal
drug manufacturing sites, including moneys received from
forfeiture proceeds under the provisions of ORS 131A.360 and
131A.365;
(c) Moneys received from the federal government for cleanup of
illegal drug manufacturing sites; and
(d) Any penalty { - , fine - } or punitive damages recovered
under ORS 475.435, 475.455 or 475.485.
(3) The State Treasurer may invest and reinvest moneys in the
Illegal Drug Cleanup Fund in the manner provided by law. Interest
earned by the fund shall be credited to the fund.
(4) The moneys in the Illegal Drug Cleanup Fund are
appropriated continuously to the Department of Environmental
Quality to be used as provided for in subsection (5) of this
section.
(5) Moneys in the Illegal Drug Cleanup Fund may be used for the
following purposes:
(a) Payment of the state's cleanup costs; and
(b) Funding any action or activity authorized by ORS 475.415 to
475.455, 475.475 and 475.485.
(6) In addition to the purposes provided for in subsection (5)
of this section, moneys in the Illegal Drug Cleanup Fund received
from forfeiture proceeds under the provisions of ORS 131A.360 and
131A.365 may be transferred to the Department of Human Services
to support the administration of the illegal drug manufacturing
cleanup program provided for in ORS 453.855 to 453.912.
(7) The department may not expend more than $250,000 in each
biennium of the forfeiture proceeds that are paid into the
Illegal Drug Cleanup Fund by political subdivisions under the
provisions of ORS 131A.360. If at the end of a biennium more than
$250,000 has been paid into the Illegal Drug Cleanup Fund under
the provisions of ORS 131A.360, the department shall refund to
each political subdivision that made payments into the fund a pro
rata share of the excess amount, based on the amount of
forfeiture proceeds paid into the fund by the political
subdivision.
SECTION 218. ORS 475.565 is amended to read:
475.565. (1) In addition to any other penalty provided by law:
(a) A person who violates ORS 475.525 shall incur a civil
penalty in an amount of at least $2,000 and not more than
$10,000; and
(b) The court may order other equitable remedies including but
not limited to injunctive relief.
(2) Any { - fines - } { + amounts + } collected under this
section shall be forwarded to the State Treasurer for deposit in
the General Fund to the credit of the Oregon Health Authority.
The moneys shall be used for the development and implementation
of drug abuse prevention activities and adolescent treatment.
SECTION 219. ORS 476.990 is amended to read:
476.990. (1) Violation of ORS 476.150 (2) is a { + Class A + }
misdemeanor. { - All penalties, fees or forfeitures collected
under the provisions of this subsection, ORS 476.010 to 476.090,
476.155 to 476.170 and 476.210 to 476.270 shall be paid into the
State Treasury. - }
(2) Violation of ORS 476.380 (1) is a { + Class A + }
misdemeanor.
(3) Violation of ORS 476.410 to 476.440 is { - punishable,
upon conviction, by a fine of not less than $25 nor more than
$250, or by imprisonment in the county jail for not less than 10
or more than 60 days, or both - } { + a Class C
misdemeanor + }. { - Justices of the peace and district judges
shall have concurrent jurisdiction with the circuit courts over
prosecutions for such violations. - }
(4) Violation of any provision of ORS 476.510 to 476.610 is a
{ + Class A + } misdemeanor.
(5) Subject to ORS 153.022, violation of ORS 476.710 or 476.715
or of any rule or regulation of the State Parks and Recreation
Department promulgated thereunder is { - punishable, upon
conviction, by a fine not exceeding $500 or imprisonment in the
county jail not exceeding six months, or both - } { + a Class B
misdemeanor + }.
SECTION 220. ORS 479.520 is amended to read:
479.520. The purpose of the Electrical Safety Law is to protect
the health and safety of the people of Oregon from the danger of
electrically caused shocks, fires and explosions and to protect
property situated in Oregon from the hazard of electrically
caused fires and explosions. To accomplish this purpose the
Legislative Assembly intends to provide a procedure:
(1) For determining where and by whom electrical installations
are being made and where electrical products are sold in this
state.
(2) To assure the public that persons making electrical
installations in this state are qualified by experience and
training.
(3) To assure the public that electrical installations meet
minimum safety standards and that electrical products meet
electrical product safety standards.
(4) For the administration and enforcement of the Electrical
Safety Law by the Department of Consumer and Business Services
and the Electrical and Elevator Board.
(5) By which the cost of administering and enforcing the
Electrical Safety Law is defrayed by the collection of fees in
connection with the issuing of permits and electrical licenses
and the collection of { - fines and - } civil penalties.
SECTION 221. ORS 520.991 is amended to read:
520.991. Subject to ORS 153.022, violation of any provision of
this chapter, any rule adopted by the governing board of the
State Department of Geology and Mineral Industries under this
chapter or any order issued by the board or the State Department
of Geology and Mineral Industries under this chapter is
{ - punishable, upon conviction, by a fine not exceeding $2,500
or imprisonment in the county jail for a term not exceeding six
months, or both - } { + a Class B misdemeanor + }.
SECTION 222. ORS 522.990 is amended to read:
522.990. Subject to ORS 153.022, violation of any provision of
this chapter or of any rule or order of the governing board of
the State Department of Geology and Mineral Industries made
thereunder, excluding ORS 522.405 to 522.545 and any rule
promulgated thereunder, is { - punishable, upon conviction, by
a fine of not more than $2,500 or by imprisonment in the county
jail for not more than six months, or both - } { + a Class B
misdemeanor + }.
SECTION 223. ORS 527.990 is amended to read:
527.990. (1) Subject to ORS 153.022, violation of ORS 527.670,
527.676, 527.740, 527.750 or 527.755, or any rule promulgated
under ORS 527.710 is { - punishable, upon conviction, as - } a
{ + Class A + } misdemeanor. Each day of operation in violation
of an order issued under ORS 527.680 (3) shall be deemed to be a
separate offense.
(2) Violation of ORS 527.260 (1) is a { + Class A + }
misdemeanor. Violation of ORS 527.260 { - is punishable, upon
conviction, by a fine of not more than $250 or by imprisonment in
the county jail for not more than 60 days, or both - } { + (3)
is a Class C misdemeanor + }.
SECTION 224. ORS 532.990 is amended to read:
532.990. (1) Violation of any of the provisions of ORS 532.130
is { - punishable, upon conviction, by a fine of not less than
$500 nor more than $1,000 or by imprisonment in the county jail
for not less than 60 days nor more than 180 days, or both - }
{ + a Class B misdemeanor + }.
(2) Violation of any of the provisions of ORS 532.140 is a
{ + Class C + } felony { - and is punishable, upon
conviction, by a fine of not less than $1,000 nor more than
$5,000 or by imprisonment in the custody of the Department of
Corrections for a period not to exceed two years, or both - } .
SECTION 225. ORS 537.990 is amended to read:
537.990. (1) Violation of ORS 537.130 (2) is { - punishable,
upon conviction, by a fine of not less than $10 nor more than
$250, or by imprisonment in the county jail for not more than six
months, or both - } { + a Class B misdemeanor + }.
(2) Any person who willfully diverts or uses water to the
detriment of others without compliance with law shall be punished
as provided in subsection (1) of this section. The possession or
use of water, except when a right of use is acquired in
accordance with law, shall be prima facie evidence of the guilt
of the person using it.
(3) Violation of ORS 537.535 (1) { - is punishable, upon
conviction, by a fine of not less than $10 nor more than $250, or
by imprisonment in the county jail for not more than six months,
or both. Violation of ORS - } { + or + } 537.747 is a Class B
misdemeanor.
{ - (4) Justice courts shall have concurrent jurisdiction
with the circuit courts in the trial of all violations under this
section. - }
SECTION 226. ORS 540.990 is amended to read:
540.990. (1) Violation of any provision of ORS 540.440 is
{ - punishable, upon conviction, by a fine of not less than $25
nor more than $150, together with the costs and disbursements of
the action, and in default of the payment of the fine and costs,
by confinement in the county jail one day for each $2 thereof - }
{ + a Class C misdemeanor + }. { - Justice courts shall have
concurrent jurisdiction with the circuit courts in the trial of
all proceedings under this subsection. - }
(2) Violation of any provision of ORS 540.370 (2), 540.570 (5),
540.710, 540.720 or 540.730 is { - punishable, upon conviction,
by a fine of not less than $10 nor more than $250, or by
imprisonment in the county jail for not more than six months, or
both - } { + a Class B misdemeanor + }. { - Justice courts
shall have concurrent jurisdiction with the circuit courts in the
trial of all violations under this subsection. - }
SECTION 227. ORS 541.990 is amended to read:
541.990. (1) Any person, or any officer of any firm or
corporation who { - shall be - } { + is + } found guilty of
constructing any splash dam for the floating of logs or other
lumber products on any stream or other body of water in the State
of Oregon { - after August 20, 1957, shall be fined not more
than $1,000, or shall be imprisoned not more than one year in the
county jail in the county in which such conviction is entered, or
by both fine and imprisonment - } { + commits a Class A
misdemeanor + }.
(2) Violation of ORS 541.510 is a { + Class A + } misdemeanor.
(3) Violation of ORS 541.545 (1) is a { + Class A + }
misdemeanor.
SECTION 228. ORS 543.990 is amended to read:
543.990. (1) Violation of ORS 543.530 (3) is { - punishable,
upon conviction, by a fine of not more than $5,000, or by
imprisonment for not more than one year, or both - } { + a
Class A misdemeanor + }.
(2) Violation of any of the provisions of ORS 543.010 to
543.610, or any of the conditions made a part of any license
issued under ORS 543.010 to 543.610, or any subpoena of the Water
Resources Commission or of an administrative law judge or any
person designated by the commission to take testimony, any lawful
order or rule of the commission is a Class B misdemeanor.
(3) Any person who willfully and knowingly gives false
testimony concerning a material matter in any hearing before the
commission, an administrative law judge or any person designated
by the commission to take testimony, or in any deposition or
affidavit to be used in a matter pending before the commission or
administrative law judge, or willfully and knowingly verifies a
false statement or report filed with the commission, { - shall
be guilty of - } { + commits + } perjury and may be prosecuted
and punished as otherwise provided by law for the prosecution and
punishment of perjury.
SECTION 229. ORS 547.990 is amended to read:
547.990. Violation of ORS 547.425 is { - punishable, upon
conviction, by a fine of not less than $25 nor more than $500, or
by imprisonment in the county jail for not more than 100 days, or
both - } { + a Class C misdemeanor + }.
SECTION 230. ORS 549.990 is amended to read:
549.990. (1) Subject to ORS 153.022, violation of ORS 549.180
is a Class D violation, and the violator shall be compelled to
restore the drainage to the condition previously existing.
(2) Violation of ORS 549.400 is { - punishable, upon
conviction, by a fine of not less than $10 nor more than $25, or
by imprisonment in the county jail for not more than 10 days, or
both - } { + a Class C misdemeanor + }. { - Justice courts
shall have concurrent jurisdiction with the circuit court over
violations of ORS 549.400. - }
SECTION 231. ORS 561.150 is amended to read:
561.150. (1) All unexpended funds that are available to the
State Department of Agriculture for its use in carrying out its
duties as prescribed by law and for any other purpose shall be a
part of the General Fund of the state and shall be credited to a
fund to be known as the Department of Agriculture Account except
for:
(a) Funds to be expended for the extermination of predatory
animals under the provisions of ORS chapter 610;
(b) Moneys received by the department from the sale of skins of
predatory animals as provided in ORS 610.040; and
(c) Moneys received by the department that are subject to ORS
561.144.
(2) All appropriations, { - fines, - } fees, penalties and
other moneys received by the department or credited to its use
from the State Treasury, except the funds named in subsection
(1)(a) and (b) of this section and money required by law to be
placed therein, shall be placed in the General Fund and credited
to the Department of Agriculture Account.
(3) All { - fines, - } fees, penalties and other moneys
received by the department shall be turned over to the State
Treasurer not later than the 10th day of the calendar month next
succeeding their receipt by the department.
(4) All moneys without respect to their sources, credited to
either the Department of Agriculture Account or the Department of
Agriculture Service Fund shall be available for the payment of
any and all the expenses of the department, excepting those
incurred in connection with the extermination of predatory
animals.
(5) The Director of Agriculture shall keep a record of all
moneys deposited in the Department of Agriculture Account and the
Department of Agriculture Service Fund. Such record shall
indicate the source from which the moneys are derived and name
the individual departmental activity against which each
withdrawal is charged.
SECTION 232. ORS 561.990 is amended to read:
561.990. (1) Violation of ORS 561.170 is a Class C violation.
(2) Violation of ORS 561.200 is { - punishable, upon
conviction, by a fine of not to exceed $100 or by imprisonment
for not more than 30 days, or both - } { + a Class C
misdemeanor + }.
(3) Violation of ORS 561.220 or 561.230 is a { + Class A + }
misdemeanor.
(4) Violation of ORS 561.590 is { + a specific fine
violation + } punishable { - , upon conviction, - } by a fine
of not { - less than $500 nor - } more than $5,000.
SECTION 233. ORS 569.390 is amended to read:
569.390. { - (1) - } Each person, firm or corporation owning
or occupying land within the district shall destroy or prevent
the seeding on such land of any noxious weed within the meaning
of ORS 569.360 to 569.495 in accordance with the declaration of
the county court and by the use of the best means at hand and
within a time declared reasonable and set by the court, except
that no weed declared noxious shall be permitted to produce seed.
{ - (2) All moneys collected as fines for violation of ORS
569.360 to 569.495 in any county shall be paid into the county
treasury and shall become a part of the weed control fund. - }
SECTION 234. ORS 571.365 is amended to read:
571.365. (1) The State Department of Agriculture may revoke,
suspend, deny or refuse to renew any grower or dealer a license
if the department finds the person has violated any provision of
ORS 571.355 or 571.360 or any rule adopted pursuant thereto.
(2) In addition to any other liability or penalty provided by
law, the Director of Agriculture may impose a civil penalty on a
person for violation of any provision of ORS 571.355 or 571.360
or any rule adopted pursuant thereto. The civil penalty for a
first violation shall be { - a fine of - } not more than
$1,000. Upon a second violation, the department may impose a
{ - fine - } { + civil penalty + } of not more than $2,000.
(3) The department shall adopt by rule a schedule establishing
the amount of civil penalty that may be imposed for a particular
violation.
(4) All penalties recovered under this section shall be
deposited by the State Treasurer in the Department of Agriculture
Service Fund. The moneys are continuously appropriated to the
department for the purpose of carrying out ORS 571.355 and
571.360.
SECTION 235. ORS 576.053 is amended to read:
576.053. ORS 576.051 to 576.455 and 576.991 (2) { - and
(3) - } may be known and cited as the Commodity Commission Act.
SECTION 236. ORS 576.595 is amended to read:
576.595. Any sale of a commodity by a grower or producer is a
sale in commercial channels for the purposes of ORS 576.051 to
576.455 and 576.991 (2) { - and (3) - } .
SECTION 237. ORS 576.991 is amended to read:
576.991. (1) Violation of the provisions of ORS 576.024 is a
Class B violation.
(2) Violation of any provision of ORS 576.051 to 576.455 is
{ - punishable, upon conviction, by a fine of not more than
$500, or by imprisonment in the county jail for not more than 90
days, or both - } { + a Class C misdemeanor + }.
{ - (3) Justice courts shall have concurrent jurisdiction
with circuit courts in all prosecutions under ORS 576.051 to
576.455. - }
SECTION 238. ORS 577.990 is amended to read:
577.990. { - (1) - } Violation of ORS 577.520 is
{ - punishable, upon conviction, by a fine of not more than
$500, or by imprisonment in the county jail for not more than 90
days, or both - } { + a Class C misdemeanor + }.
{ - (2) Justice courts have concurrent jurisdiction with
circuit courts in all prosecutions under this section. - }
SECTION 239. ORS 578.990 is amended to read:
578.990. Violation of any of the provisions of this chapter is
{ - punishable, upon conviction, by a fine of not less than $25
nor more than $500, or by imprisonment in the county jail for not
less than 30 nor more than 90 days, or by both - } { + a Class
C misdemeanor + }. { - Justice courts have concurrent
jurisdiction with circuit courts in all prosecutions under this
chapter. - }
SECTION 240. ORS 585.190 is amended to read:
585.190. { - (1) - } Except for fees paid under ORS 585.050,
all fees received by the State Department of Agriculture pursuant
to the provisions of this chapter shall be paid to the State
Treasurer, who shall place the moneys in the General Fund of the
state to the credit of the Department of Agriculture Account. All
such funds paid to the State Treasurer, or so much thereof as is
necessary, shall be a continuing appropriation from the
Department of Agriculture Account and shall be used for the
purpose of carrying out the provisions of this chapter. The fees
paid to the department under ORS 585.050 shall be deposited into
the Department of Agriculture Service Fund, and such funds are
continuously appropriated to the department for the purpose of
administering and enforcing this chapter.
{ - (2) All fines collected pursuant to ORS 585.990 shall go
into the fruit inspection fund of the county where collected if
that county has a fruit inspection fund, otherwise the fines
shall go into the general fund of the county. - }
SECTION 241. ORS 585.990 is amended to read:
585.990. Violation of any provision of ORS 585.010 to 585.220
is { - punishable, upon conviction, by a fine of not more than
$1,000, or by confinement in the county jail for not more than
one year, or both - } { + a Class A misdemeanor + }.
SECTION 242. ORS 586.990 is amended to read:
586.990. (1) Violation of ORS 586.250 is { - punishable, upon
conviction, by a fine of not less than $1,000 nor more than
$3,000, or by imprisonment in the county jail for not less than
six months nor more than one year, or by both - } { + a Class B
misdemeanor + }.
(2) Violation of ORS 586.730 is { - punishable, upon
conviction, by a fine not exceeding $3,000, or by imprisonment in
the county jail for not more than one year, or by both - } { +
a Class A misdemeanor + }.
(3) Violation of any of the provisions of ORS 586.210 to
586.300, 586.315 to 586.380, 586.400, 586.410, 586.520, 586.525,
586.530, 586.550, 586.570 to 586.630 and 586.650 to 586.720, or
failure to comply with any order, rule, direction, demand or
requirement of the State Department of Agriculture made pursuant
to those sections, is { + a specific fine violation + }
punishable { - , upon conviction, - } by a fine not exceeding
$3,000 for each offense. Each violation is a separate and
continuing offense { - ; and - } { + . + } In case of a
continuing violation, every day's continuance of the violation is
a separate and distinct offense.
(4) Violation of ORS 586.382, 586.385 and 586.395 is a
{ + Class A + } misdemeanor.
SECTION 243. ORS 596.990 is amended to read:
596.990. (1) Violation of any of the provisions of ORS 596.075,
596.321, 596.331 (1) or (3), 596.351, 596.388, 596.392 (1) to (3)
or (6), 596.404 to 596.416 or 596.460, or of any lawful order of
the State Department of Agriculture issued pursuant to this
chapter, is a Class A violation.
(2) Violation of any of the quarantine provisions of ORS
596.331 (2), 596.355, 596.392 (4) or (5) or 596.394 to 596.402 is
{ + a specific fine violation + } punishable { - , upon
conviction, - } by a fine of not { - less than $500 nor - }
more than $5,000.
(3) Violation of any of the provisions of ORS 596.100 or
596.105 or rules adopted thereunder is a { + Class A + }
misdemeanor.
SECTION 244. ORS 600.990 is amended to read:
600.990. Subject to ORS 153.022, notwithstanding ORS 596.990,
violation of ORS 600.095, a quarantine imposed under ORS 600.105
or a rule or regulation of the State Department of Agriculture
relating to the feeding of swine is { - punishable, upon
conviction, by a fine of not less than $500 nor more than $5,000
or by imprisonment in the county jail not exceeding one year, or
both - } { + a Class A misdemeanor + }.
SECTION 245. ORS 602.990 is amended to read:
602.990. Subject to ORS 153.022, violation of any of the
provisions of ORS 602.090 or 602.190, or any rule adopted
pursuant thereto, is { - punishable, upon conviction, by a fine
not exceeding $500 or imprisonment in the county jail not
exceeding six months, or both - } { + a Class B
misdemeanor + }.
SECTION 246. ORS 607.365 is amended to read:
607.365. (1) No person, who is not the owner of such animal,
shall take or drive, cause to be taken or driven, or assist in
driving or taking away any horse, gelding, mare, foal, mule, ass,
jenny, bull, cow, heifer, steer, calf, sheep, hog or any other
domestic animal from the range or place where it is lawfully
grazing, pasturing or ranging, or in the habit of ranging, or
where it has been herded or placed by the owner thereof, for a
distance of more than 10 miles from such place.
(2) Persons violating this section shall be liable to the owner
of such animal for all damages sustained by reason of such
driving or taking away of such domestic animal.
{ - (3) All fines collected for violations of this section
shall be paid over to the county treasurer of the county in which
the offense was committed, and used for the support of common
schools within such county. - }
SECTION 247. ORS 608.990 is amended to read:
608.990. (1) Violation of ORS 608.330 is { - punishable, upon
conviction, by a fine not exceeding $50 or by imprisonment in the
county jail not exceeding 10 days, or both - } { + a Class C
misdemeanor + }.
(2) Violation of ORS 608.380 is a Class A violation.
(3) Violation of ORS 608.510 is a Class D violation.
SECTION 248. ORS 609.060 is amended to read:
609.060. (1) If a majority of all votes cast in the election
provided for by ORS 609.040 is against permitting dogs to run at
large, or if the governing body of the county by ordinance
prohibits dogs from running at large, the county shall give
notice, by publication in some newspaper having a general
circulation in the county, and in the election precinct if the
prohibition of dogs running at large affects any one precinct
only, for three consecutive weeks.
(2) After 60 days from the date of the notice, every person
keeping a dog shall prevent the dog from running at large in any
county, city or precinct where prohibited. A person who is the
keeper of a dog { - is guilty of - } { + commits + } a
{ + Class B + } violation if the dog runs at large in a county,
city or precinct where prohibited.
{ - (3) County license fees and the penalty for violation of
subsection (2) of this section or ORS 609.100, when collected,
shall be paid into the county treasury, and kept in a special
fund. - }
SECTION 249. ORS 609.990 is amended to read:
609.990. (1) Violation of ORS 609.060 (2), 609.100 or 609.169
is a Class B violation.
(2) Maintaining a public nuisance in violation of ORS 609.095
(2) or (3) is { - punishable by a fine of not more than
$250 - } { + a Class B violation + }.
(3)(a) Except as provided in paragraph (b) of this subsection,
violation of ORS 609.098 is a Class A misdemeanor.
(b) If a dog kills a person, violation of ORS 609.098 is a
Class C felony.
(c) If a keeper violates ORS 609.098, the court shall order the
dangerous dog killed in a humane manner.
(4) Violation of ORS 609.405 constitutes a Class C misdemeanor.
(5) In addition to any fine or sentence imposed under this
section, a court may order a person who violates ORS 609.060 (2),
609.095, 609.098, 609.100, 609.169 or 609.405 to pay restitution
for any physical injury, death or property damage caused by the
dog as a result of the keeper's violation of ORS 609.060 (2),
609.095, 609.098, 609.100, 609.169 or 609.405. The court may also
order the person to pay the cost of keeping the dog in
impoundment.
(6) In addition to any fine imposed or restitution ordered of a
keeper for a violation of ORS 609.060 (2), 609.095, 609.100,
609.169 or 609.405, the court may impose reasonable restrictions
on the keeping of the dog to ensure the safety or health of the
public. The keeper must pay the cost of complying with reasonable
restrictions. As used in this subsection, 'reasonable
restrictions' may include, but is not limited to, sterilization.
If the dog is a potentially dangerous dog, the court may order
the dog killed in a humane manner. In determining whether to have
the dog killed, the court shall give consideration to the factors
described in ORS 609.093 and issue written findings on those
factors.
(7) Notwithstanding ORS 19.270 and 19.330, subject to periodic
advance payment of the cost of keeping the dog in impoundment,
the killing of a dog pursuant to an order under subsection (3) or
(6) of this section may not be carried out during the period that
the order is subject to the appeal process. Unless otherwise
ordered by the Court of Appeals, the dog may be killed during the
appeal period if the keeper fails to maintain advance payment of
the cost of keeping the dog impounded.
(8) If a court orders a dog killed under subsection (6) of this
section and the keeper does not make the dog available for that
purpose, the court may issue a search warrant for a property upon
probable cause to believe that the dog is located at that
property.
SECTION 250. ORS 609.994 is amended to read:
609.994. (1) Violation of ORS 609.510, 609.515 or 609.520 is
{ + a specific fine violation + } punishable by a fine of not
{ - less than $500, nor - } more than $50,000.
(2) A person has a cause of action for the recovery of
compensatory damages from any person violating ORS 164.055
(1)(e), 164.085, 609.510, 609.515 or 609.520. In the action, the
minimum pecuniary value of any companion animal is $250.
(3) The circuit court for each county has the authority to
enjoin any violation of ORS 609.510, 609.515 or 609.520, to issue
warrants and to take such other actions as equity or justice may
require.
SECTION 251. ORS 610.990 is amended to read:
610.990. (1) Violation of ORS 610.045 is a Class A violation.
(2) Violation of ORS 610.050 is { - punishable upon
conviction by a fine of not more than $500, or by imprisonment in
the county jail not more than one year, or both - } { + a Class
A misdemeanor + }.
SECTION 252. ORS 618.991 is amended to read:
618.991. (1) Violation of ORS 618.086, 618.096, 618.121 or
618.201 is { + a Class B misdemeanor. + } { - punishable as
follows: - }
{ - (a) If the violator is an individual, by imprisonment for
not more than six months, or a fine not to exceed $500, or
both. - }
{ - (b) If the violator is a person other than an individual,
by a fine of not more than $2,500. - }
(2) For the purposes of this section, each day of violation of
ORS 618.086, 618.096, 618.121 or 618.201 is a separate offense
and the penalties provided in subsection (1) of this section
apply to each such offense.
SECTION 253. ORS 621.991 is amended to read:
621.991. Violation of any provision of ORS 621.056, 621.057,
621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117,
621.122, 621.124, 621.161, 621.166, 621.183, 621.198, 621.207,
621.226, 621.259, 621.335, 621.340, 621.345, 621.418, 621.445 or
621.730 or any rule or standard adopted under ORS 621.060,
621.083, 621.096, 621.224 or 621.261, or failure to pay a fee
assessed under ORS 621.166, is { - an unclassified misdemeanor
punishable by a fine of not more than $1,000, imprisonment for
not more than one year, or both - } { + a Class A
misdemeanor + }.
SECTION 254. ORS 628.990 is amended to read:
628.990. Violation of ORS 628.210 to 628.370 is
{ - punishable, upon conviction, by a fine of not less than $10
nor more than $1,000 or by imprisonment in the county jail for
not more than one year, or both - } { + a Class A
misdemeanor + }.
SECTION 255. ORS 632.990 is amended to read:
632.990. (1) Violation of ORS 632.216 or 632.226 is
{ - punishable, upon conviction, by a fine of not less than $10
or more than $100, or by imprisonment in the county jail for not
less than 10 days or more than 30 days, or both - } { + a Class
C misdemeanor + }.
(2) Violation of any provision of ORS 632.275 to 632.290 or of
any rule adopted under ORS 632.275 to 632.290 is a Class B
misdemeanor for a first offense, and a Class A misdemeanor for a
second or subsequent offense.
(3) Violation of any provision of ORS 632.410 to 632.430 is a
Class D violation.
(4) Violation of any provision of ORS 632.450 to 632.490 or of
any rule adopted under ORS 632.450 to 632.490 is a Class B
misdemeanor for a first offense, and a Class A misdemeanor for a
second or subsequent offense.
(5) Violation of ORS 632.625 is { - punishable, upon
conviction, by a fine of not less than $10 or more than $100, or
by imprisonment in the county jail for not less than 10 days or
more than 30 days, or both - } { + a Class C misdemeanor + }.
(6) Violation of any provision of ORS 632.705 to 632.815 is
{ - punishable, upon conviction, by a fine of not less than $10
or more than $100 - } { + a Class D violation + } for a first
offense, and { - by a fine of not less than $25 or more than
$200 - } { + a Class B violation + } for a second or subsequent
offense.
(7) Violation of any provision of ORS 632.900 to 632.985 or of
any rule adopted under ORS 632.900 to 632.985 is a Class B
misdemeanor for a first offense, and a Class A misdemeanor for a
second or subsequent offense.
SECTION 256. ORS 634.992 is amended to read:
634.992. Violation of any of the provisions of this chapter is
{ - an unclassified - } { + a Class A + } misdemeanor
{ - and is punishable, upon the first conviction, by a fine of
not more than $1,000, or by imprisonment in the county jail for
not more than one year, or both, and upon a second or additional
conviction, by a fine of not more than $2,000, or by imprisonment
in the county jail for not more than one year, or both - } .
SECTION 257. ORS 635.991 is amended to read:
635.991. Violation of any provision of this chapter is
{ - punishable, upon conviction, by a fine not exceeding $500
or by imprisonment in the county jail not exceeding six months,
or both - } { + a Class B misdemeanor + }.
SECTION 258. ORS 646.990 is amended to read:
646.990. (1) Each violation of any of the provisions of ORS
646.010 to 646.180 by any person, firm or corporation, whether as
principal, agent, officer or director, is { - punishable, upon
conviction, by a fine of not less than $100 nor more than $500,
or by imprisonment in the county jail not exceeding six months,
or by both - } { + a Class B misdemeanor + }.
(2) Violation of ORS 646.725 or 646.730 is a Class A
misdemeanor.
(3) Any person who willfully and intentionally violates any
provision of ORS 646A.220 to 646A.230 { - shall be punished by
a fine of not more than $1,000 or by imprisonment for not more
than six months or both - } { + commits a Class B
misdemeanor + }. Violation of any order or injunction issued
pursuant to ORS 646A.230 (1) shall constitute prima facie proof
of a violation of this subsection.
(4) Violation of ORS 646.910 is a Class D violation.
(5) Violation of ORS 646.915 is a Class D violation.
(6) Violation of ORS 646.920 is a Class D violation.
(7) A person violating ORS 646.930 commits a Class C
misdemeanor.
SECTION 259. ORS 646A.508 is amended to read:
646A.508. (1) A commercial user who willfully and knowingly
sells, leases or otherwise places in the stream of commerce an
unsafe baby crib as described in ORS 646A.506 (1) to (3) commits
a { + Class A + } violation { - punishable by a fine not
exceeding $1,000 - } .
(2) An individual who willfully and knowingly sells, leases or
otherwise places in the stream of commerce an unsafe baby crib as
described in ORS 646A.506 (1) to (3) commits a { + Class B + }
violation { - punishable by a fine not exceeding $200 - } .
SECTION 260. ORS 646A.765 is amended to read:
646A.765. Violation of a provision of ORS 646A.702 to 646A.720
or 646A.725 to 646A.750 is a { + Class A + } misdemeanor
{ - punishable by not more than one year's imprisonment, a fine
of not more than $10,000, or both - } .
SECTION 261. ORS 649.990 is amended to read:
649.990. (1) Violation of ORS 649.030 is a Class D violation.
{ - Default in the payment of a fine shall be dealt with as
provided in ORS 161.675. - }
(2) Intentional violation of ORS 649.070 is { - punishable,
upon conviction, by a fine not to exceed $500 or imprisonment not
to exceed six months - } { + a Class B misdemeanor + }.
(3) Violation of ORS 649.080 is { - punishable: - } { + a
Class C misdemeanor. + }
{ - (a) Upon conviction, by a fine of not more than $100 or
by imprisonment for not more than 10 days. - }
{ - (b) Upon a second such conviction within one year after
the first conviction, by a fine of not more than $200 or by
imprisonment for not more than 20 days, or both. - }
{ - (c) Upon a third or subsequent conviction within one year
after the first conviction, by a fine of not more than $500 or by
imprisonment for not more than six months, or both. - }
SECTION 262. ORS 651.990 is amended to read:
651.990. (1) Willful neglect or refusal by any person
subpoenaed under ORS 651.060 to attend or testify at the time and
place named in the subpoena is { - punishable, upon conviction,
by a fine of not less than $25 nor more than $100, or by
imprisonment in the county jail not exceeding 30 days - } { + a
Class C misdemeanor + }.
(2) Violation of ORS 651.120 (2) is { - punishable, upon
conviction, by a fine of not less than $25 nor more than $100, or
by imprisonment in the county jail not exceeding 90 days - }
{ + a Class C misdemeanor + }.
SECTION 263. ORS 652.400 is amended to read:
652.400. Subject to ORS 652.390, all moneys collected on
judgments pursuant to ORS 652.330, or as a result of
administrative proceedings pursuant to ORS 652.332,
{ - including fines, - } shall be paid to the Commissioner of
the Bureau of Labor and Industries and, together with all other
sums collected under ORS 652.310 to 652.414, be deposited in the
State Treasury to become part of a special trust account to be
known as the Wage Collection Account, which account is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the account shall be credited to
the account. All moneys in the Wage Collection Account are
appropriated continuously for the purpose of payment to the
persons entitled thereto.
SECTION 264. ORS 652.445 is amended to read:
652.445. Except as provided in ORS 652.440, all moneys
collected pursuant to ORS 652.420 to 652.445, including
{ - fines and - } costs, shall be paid to the Commissioner of
the Bureau of Labor and Industries and be deposited in the State
Treasury in the Wage Collection Account established by ORS
652.400.
SECTION 265. ORS 652.990 is amended to read:
652.990. (1) Violation of ORS 652.020 (2) is a Class A
violation. Every day's violation is deemed a separate offense.
(2) Any person, body corporate, general manager or employer who
violates ORS 652.040 or causes ORS 652.040 to be violated
{ - is punishable, upon conviction, by a fine of not less than
$50, nor more than $300, or by imprisonment in the county jail
for not less than 30 days, nor more than three months, or
both - } { + commits a Class C misdemeanor + }.
(3) Violation of ORS 652.110 or 652.120 is a Class A violation.
(4) Violation of ORS 652.130 by any employer is
{ - punishable, upon conviction, by a fine of not more than $500
or by imprisonment in the county jail for not more than 60 days,
or by both - } { + a Class C misdemeanor + }. { - Justice
courts and circuit courts shall have concurrent jurisdiction in
all cases arising under this subsection. - }
(5) In addition to the civil damages recoverable under ORS
652.230, violation of ORS 652.210 to 652.230 is a { + Class
A + } misdemeanor.
(6) The violation of ORS 652.240 is a { + Class A + }
misdemeanor.
(7) Violation of ORS 652.355 is a Class C misdemeanor.
(8) Violation of ORS 652.610 or 652.620 is a Class D violation.
(9) Willful violation of ORS 652.635 or 652.640 by a producer
or agent of the producer is a { + Class A + } misdemeanor.
(10) Violation of any of the provisions of ORS 652.710 or
652.720 by any employer is a Class A violation.
SECTION 266. ORS 654.991 is amended to read:
654.991. (1) Subject to ORS 153.022, any employer who willfully
violates any provision of, or any regulation, rule, standard or
order promulgated pursuant to, ORS 654.001 to 654.295, 654.412 to
654.423 and 654.750 to 654.780, and that violation is found to
have caused or materially contributed to the death of any
employee, { - shall, upon conviction, be punished by a fine of
not more than $10,000 or by imprisonment for not more than six
months, or by both; - } { + commits a Class B misdemeanor. + }
{ - Except that - } If the conviction is for a violation
committed after a first conviction of { - such person,
punishment shall be by a fine of not more than $20,000 or by
imprisonment for not more than one year, or by both - } { + the
employer, the violation is a Class A misdemeanor + }. For the
purposes of this subsection, a violation is willful if it is
committed knowingly by an employer or supervisory employee who,
having a free will or choice, intentionally or knowingly disobeys
or recklessly disregards the requirements of a regulation, rule,
standard or order. ORS 161.085 shall apply to terms used in this
section.
(2) Any person who gives advance notice of any inspection to be
conducted under ORS 654.001 to 654.295, 654.412 to 654.423 and
654.750 to 654.780, without authority from the Director of the
Department of Consumer and Business Services or the designees of
the director, { - shall, upon conviction, be punished by a fine
of not more than $1,000 or by imprisonment for not more than six
months, or by both - } { + commits a Class B misdemeanor + }.
(3) Whoever knowingly makes a false statement, representation,
or certification in any application, record, report, plan, or
other document filed or required to be maintained pursuant to ORS
654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780
{ - shall, upon conviction, be punished by a fine of not more
than $10,000 or by imprisonment for not more than six months, or
by both - } { + commits a Class B misdemeanor + }.
{ - (4) Punishment under this section does not affect or
lessen the civil liability of the offender. - }
SECTION 267. ORS 656.605 is amended to read:
656.605. (1) The Workers' Benefit Fund is created in the State
Treasury, separate and distinct from the General Fund. Moneys in
the fund shall be invested in the same manner as other state
moneys and investment earnings shall be credited to the fund. The
fund shall consist of the following:
(a) Moneys received pursuant to ORS 656.506.
(b) Moneys recovered under ORS 656.054.
(c) { - Fines and - } Penalties recovered under ORS 656.735.
(d) All moneys received by the Director of the Department of
Consumer and Business Services pursuant to law or from any other
source for purposes for which the fund may be expended.
(2) Moneys in the Workers' Benefit Fund may be expended for the
following purposes:
(a) Expenses of programs under ORS 656.445, 656.506, 656.622,
656.625, 656.628 and 656.630.
(b) Proceedings against noncomplying employers pursuant to ORS
656.054 and 656.735.
(c) Expenses of vocational assistance on claims, the cost of
which was imposed pursuant to section 15, chapter 600, Oregon
Laws 1985.
(d) Payment of supplemental temporary disability benefits for
workers employed in more than one job at the time of injury and
reimbursement of the costs of administering payments resulting
from elections by insurers and self-insured employers as provided
by ORS 656.210 (5).
(e) Payments made to injured workers pursuant to section 6a,
chapter 865, Oregon Laws 2001.
(f) Expenses of the Bureau of Labor and Industries for
enforcing ORS 659A.040, 659A.043, 659A.046, 659A.049 and
659A.052, subject to an agreement between the Director of the
Department of Consumer and Business Services and the Commissioner
of the Bureau of Labor and Industries. The agreement must
include, but is not limited to, the amount of funds to be
transferred to the bureau for enforcing ORS 659A.040, 659A.043,
659A.046, 659A.049 and 659A.052 and the information relating to
the enforcement of ORS 659A.040, 659A.043, 659A.046, 659A.049 and
659A.052 that the bureau must report to the director.
(g) Reimbursement to the insurer or self-insured employer for
the amount of permanent total disability benefits paid after the
date of the notice of closure that was upheld pursuant to ORS
656.206.
(h) Reimbursement of vocational benefit expenses as provided in
ORS 656.313.
(3) Subject to the following provisions, all moneys in the fund
are appropriated continuously to the Director of the Department
of Consumer and Business Services to carry out the activities for
which the fund may be expended:
(a) Moneys received pursuant to ORS 656.054 and 656.735 and
transfers made pursuant to ORS 705.148 may be expended only to
carry out the provisions of ORS 656.054 and 656.735 and section
15, chapter 600, Oregon Laws 1985.
(b) Moneys received pursuant to ORS 656.506 and the transfers
of unexpended and unobligated moneys in the Retroactive Reserve,
Reemployment Assistance Reserve, Reopened Claims Reserve and
Handicapped Workers Reserve referred to in ORS 656.506, 656.622,
656.625 and 656.628 (All 1993 Edition) may be expended only to
carry out the programs referred to in ORS 656.506, 656.622,
656.625, 656.628 and 656.630.
(4) Notwithstanding any other provision of this chapter, if the
director determines at any time that there are insufficient
moneys in the Workers' Benefit Fund to pay the expenses of
programs for which expenditure of the fund is authorized, the
director may reduce the level of benefits payable accordingly.
SECTION 268. ORS 656.990 is amended to read:
656.990. (1) Any person who knowingly makes any false statement
or representation to the Workers' Compensation Board or its
employees, the Workers' Compensation Board chairperson, the
Director of the Department of Consumer and Business Services or
employees of the director, the insurer or self-insured employer
for the purpose of obtaining any benefit or payment under this
chapter, either for self or any other person, or who knowingly
misrepresents to the board, the board chairperson, the director
or the corporation or any of their representatives the amount of
a payroll, or who knowingly submits a false payroll report to the
board, the board chairperson, the director or the corporation,
{ - is punishable, upon conviction, by imprisonment for a term
of not more than one year or by a fine of not more than $1,000,
or by both - } { + commits a Class A misdemeanor + }.
(2) Violation of ORS 656.052 is a Class D violation. Each day
during which an employer engages in any subject occupation in
violation of ORS 656.052 constitutes a separate offense.
(3) Violation of ORS 656.056 is a Class D violation.
(4) The individual refusing to keep the payroll in accordance
with ORS 656.726 or 656.758 when demanded by the director or
corporation { - , is punishable, upon conviction, by a fine of
not more than $100 or by imprisonment in the county jail for not
more than 90 days, or by both - } { + commits a Class C
misdemeanor + }. { - Circuit courts and justice courts shall
have concurrent jurisdiction of this offense. - }
(5) Failure on the part of an employer to send the signed
payroll statement required by ORS 656.504 within 30 days after
receipt of notice by the director or corporation is a { + Class
A + } misdemeanor.
(6) Violation of ORS 656.560 (4) is a Class D violation.
SECTION 269. ORS 657.515 is amended to read:
657.515. (1) If an employer defaults with respect to any
payment required to be made by the employer to the Unemployment
Compensation Trust Fund, the taxes at any time due, together with
interest thereon and penalties, shall be collected by the
Director of the Employment Department in a civil action against
such employer brought in the name of the director and judgment
rendered thereon shall bear interest at the rate provided in
subsection (2) of this section. Such employer's compliance with
this chapter, requiring payments to be made to the Unemployment
Compensation Trust Fund, shall date from the time said money was
collected. The amount of taxes collected shall be paid into the
Unemployment Compensation Trust Fund. The amount of interest
{ - , - } { + and + } penalties
{ - and fines - } collected pursuant to this subsection shall
be paid to the Employment Department Special Administrative Fund
in accordance with the provisions of ORS 657.830 (3).
(2) Interest upon the amount due from an employer shall be paid
and shall be collected, at the same time payment of taxes is
required to be made by such employer to the Unemployment
Compensation Trust Fund at the rate of one and one-half percent
per month from the date prescribed for the payment to the
Unemployment Compensation Trust Fund. In computing such interest,
a fraction of a month shall be counted as a full month.
(3) If any employer fails to make payment of taxes required by
this chapter at the time prescribed by the director for the
payment thereof, such employer shall be in default.
(4) If any employer who is in default with respect to payment
of any taxes fails to make payment thereof within 10 days after
written demand therefor has been made by the director, such
employer shall be subject, in the discretion of the director, to
a penalty of 10 percent of the amount of such taxes. A demand for
payment shall be deemed to have been made when deposited in the
mail addressed to such employer at the employer's last-known
address as shown by the records of the director.
(5) If any part of any deficiency is due to fraud with intent
to avoid payment of taxes to the Unemployment Compensation Trust
Fund, then 50 percent of the total amount of the deficiency, in
addition to such deficiency, shall be assessed, collected and
paid in the same manner as if it were a deficiency and shall be
paid into the Employment Department Special Administrative Fund
pursuant to this section and ORS 657.822.
(6) Civil actions brought in the name of the director under
this section to collect taxes, interest or penalties from an
employer, shall be entitled to preference upon the calendar over
all civil cases which involve only private parties.
(7) Notwithstanding the provisions of this section, if the
director finds that the total interest collectible on any
delinquent account is in excess of 25 percent of the principal
and that an employer or former employer, who no longer conducts
an active business, has insufficient net assets to pay the full
amount of all taxes, interest or penalties that may be due and
where such employer or former employer can pay some but not all
of such amount, the director may agree to accept any amount the
director finds reasonable under the circumstances, as
consideration for the settlement of the full amount of taxes,
interest or penalties due. Whenever such an agreement is made a
written record signed by the director shall be maintained in the
files of the director. Such records shall set forth:
(a) The name of the taxpayer against whom the liability was
assessed;
(b) The amount of the assessed liability;
(c) The amount of the liability paid;
(d) The amount of the liability canceled or waived;
(e) A sworn statement of the taxpayer or personal
representative setting forth the complete financial
responsibility of the taxpayer or the taxpayer's estate, and
containing a full disclosure of all matters bearing upon the
ability of the taxpayer or estate to pay the full amount of the
liability assessed; and
(f) The written recommendation of an assistant to the Attorney
General assigned to the director that the liability be reduced in
the amount shown by the record.
(8) A full and true copy of the record of each such agreement
and settlement as provided in subsection (7) of this section
shall be filed by the director with the Secretary of State as a
public record.
(9) The amount of any settlement reached pursuant to this
section shall be first credited to the taxes due from such
employer until the principal amount of taxes due has been
satisfied and shall be deposited in the Unemployment Compensation
Trust Fund.
SECTION 270. ORS 657.822 is amended to read:
657.822. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Employment
Department Special Administrative Fund. The Employment Department
Special Administrative Fund shall consist of moneys collected or
received by the Employment Department as follows:
(a) All interest collected under ORS 657.515.
(b) All { - fines and - } penalties collected pursuant to
this chapter, except as provided in ORS 657.400.
(c) All gifts to or interest on or profits earned by the
Employment Department Special Administrative Fund.
(2) The moneys in the Employment Department Special
Administrative Fund are continuously appropriated to the
department, and may not be transferred or otherwise made
available to any other state agency, to pay the expenses of the
Secretary of State incurred in performing the audit of the
department and such other expenses as may be included in the
biennial budget of the department and approved by the Legislative
Assembly for payment from the fund. On July 1 of every
odd-numbered year, any amounts in the Employment Department
Special Administrative Fund that have not been appropriated in
the biennial budget of the department approved by the Legislative
Assembly shall be transferred to the Unemployment Compensation
Trust Fund.
SECTION 271. ORS 657.990 is amended to read:
657.990. (1) Violation of ORS 657.295 is { - punishable for
each offense by a fine of not less than $50 nor more than $500,
or by imprisonment for not more than six months, or both - }
{ + a Class B misdemeanor + }.
(2) Violation of ORS 657.300 is a { + Class A + } misdemeanor.
(3) Violation of ORS 657.480 (3)(a) or (b) is a Class C felony.
(4) In addition to any penalties otherwise prescribed in this
chapter, violation of ORS 657.495, 657.565, 657.660 (2) or any
other provision of this chapter is a { + Class C + } misdemeanor
{ - and is punishable by a fine of not less than $100 nor more
than $500, or by imprisonment for not more than 90 days, or
both - } . If an offending employer or the employer of an
offending agent is a corporation, the president, secretary and
the treasurer, or officers exercising corresponding functions,
are subject to the penalties in this subsection in respect to any
duties of which they respectively had or, in the proper exercise
of their duties, ought to have had knowledge.
(5) Subject to ORS 153.022, willful violation of this chapter
or of any order issued or rule adopted under this chapter, the
violation of which is made unlawful or the observance of which is
required under this chapter, and for which a penalty neither is
prescribed in this section nor provided by any other applicable
statute, is { - punishable by a fine of not less than $20 nor
more than $200, or by imprisonment for not more than 60 days, or
both - } { + a Class C misdemeanor + }. Each day the violation
continues is considered a separate offense.
{ - (6) Circuit courts and justice courts have concurrent
jurisdiction of any offense under this section. - }
SECTION 272. ORS 658.991 is amended to read:
658.991. (1) Violation of ORS 658.005 to 658.245 or 658.250 is
{ - punishable, upon conviction, by a fine of not more than $250
or by imprisonment in the county jail for not more than 60 days,
or by both - } { + a Class C misdemeanor + }.
(2) Violation of ORS 658.452 is a Class A misdemeanor.
(3) Any person who intentionally defaces, alters or changes a
license or permit to act as a farm labor contractor, or who uses
the license or permit of another or knowingly permits that
person's license or permit to be used by another, or who acts as
a farm labor contractor without a valid license or permit under
ORS 658.405 to 658.503, { - is guilty of - } { + commits + }
a Class A misdemeanor.
(4) Any person who willfully swears or affirms falsely under
ORS 658.415 (1), (2) or (3) in regard to any matter concerning
which an oath or affirmation is required, or who solicits or
induces another person to do so, whether or not the matter sworn
to or affirmed is material, { - is guilty of - } { +
commits + } a Class A misdemeanor.
(5) Violation of ORS 658.440 (1)(f), (g) or (h), (2)(c) or
(3)(a), (b), (c), (e), (f) or (g) is a Class C misdemeanor.
(6) Any person who violates the provisions of ORS 658.410 (1)
or 658.417 (1) { - is guilty of - } { + commits + } a Class C
felony if:
(a) The person has previously been convicted of violating the
provisions of ORS 658.410 (1) or 658.417 (1);
(b) The person's license to act as a farm labor contractor has
been suspended, revoked or denied; or
(c) The person is acting in violation of an outstanding order
of any court of competent jurisdiction arising out of the
enforcement of ORS 658.405 to 658.503.
SECTION 273. ORS 659.990 is amended to read:
659.990. (1) Violation of ORS 659.815 is { - punishable, upon
conviction, by a fine of not more than $1,000 or imprisonment in
the county jail for not more than one year, or both - } { + a
Class A misdemeanor + }.
(2) Violation of ORS 659.805 by any officer or agent of a
corporation or any other person is { - punishable, upon
conviction, by a fine of not less than $50 nor more than $250, or
by imprisonment in the county jail not less than 30 nor more than
90 days, or both - } { + a Class C misdemeanor + }.
(3) Violation of ORS 659.800 is { - punishable, upon
conviction, by a fine of not less than $10 nor more than $200 or
by imprisonment in the county jail for not less than one month
nor more than six months - } { + a Class B misdemeanor + }.
(4) Violation of ORS 659.810 or 659.845 is { - punishable,
upon conviction, by a fine of not more than $100 or imprisonment
in the county jail for not more than 60 days, or both - } { + a
Class C misdemeanor + }.
(5) Any person who violates ORS 659.825, { + commits a Class A
misdemeanor and, + } upon conviction, shall be required to make
immediate restitution of delinquent payments to the fund or funds
mentioned in ORS 659.825 { - and shall be punished by a fine of
not more than $1,000 or imprisonment in the county jail for not
more than one year, or both - } .
(6) Violation of ORS 659.840 is { - punishable, upon
conviction, by a fine of not more than $500 or by imprisonment in
the county jail for not more than one year, or by both - } { +
a Class A misdemeanor + }.
SECTION 274. ORS 659A.990 is amended to read:
659A.990. Violation of ORS 659A.810 is { - punishable, upon
conviction, by imprisonment in the county jail for not more than
one year or by a fine of not more than $500, or by both - } { +
a Class A misdemeanor + }.
SECTION 275. ORS 661.990 is amended to read:
661.990. (1) Violation of ORS 661.040 is a { + Class A + }
misdemeanor.
(2) Violation of ORS 661.210 { + , 661.220 + } or 661.260 is
{ - punishable, upon conviction, by a fine of not more than
$500 or by imprisonment for not more than three months, or by
both - } { + a Class C misdemeanor + }.
{ - (3) Violation of ORS 661.220 is punishable, upon
conviction, by a fine of not more than $500 or by imprisonment in
the county jail for not more than three months. - }
SECTION 276. ORS 671.992 is amended to read:
671.992. { - A person who violates - } { + Violation of + }
any provision of ORS 671.310 to 671.459, or any rule of the State
Landscape Architect Board adopted thereunder, is { - guilty
of - } a { + Class A + } misdemeanor. { - Subject to ORS
161.655, a court may impose on the person a fine of not less than
$250 or more than $5,000, a term of imprisonment of not more than
six months, or both. - }
SECTION 277. ORS 675.337 is amended to read:
675.337. (1) After public hearing, the Occupational Therapy
Licensing Board by rule shall adopt a schedule establishing the
civil penalty that may be imposed under ORS 675.336. For a first
violation of the provisions of ORS 675.210 to 675.340, the board
shall issue a warning notice. The board may impose a
{ - fine - } { + civil penalty + } of not to exceed $200 on a
second violation and may impose a { - fine - } { + civil
penalty + } of not to exceed $1,000 upon third and subsequent
violations.
(2) In imposing a { + civil + } penalty pursuant to the
schedule adopted pursuant to subsection (1) of this section, the
board shall consider the following factors:
(a) The past history of the person incurring a penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
(b) Any prior violations of the statute or rule.
(c) The economic or financial conditions of the person
incurring the penalty.
(d) The immediacy and extent to which the violation threatens
the public health or safety.
(3) A civil penalty imposed under ORS 675.336 may be remitted
or reduced upon such terms or conditions as the board considers
proper and consistent with the public health and safety.
SECTION 278. ORS 676.990 is amended to read:
676.990. Violation of any of the provisions of ORS 676.110 to
676.130 is { - punishable, upon conviction, by a fine of not
more than $250, or by imprisonment in the county jail for not
more than 30 days, or by both - } { + a Class C
misdemeanor + }.
SECTION 279. ORS 679.260 is amended to read:
679.260. (1) The Oregon Board of Dentistry Account is
established in the State Treasury separate and distinct from the
General Fund.
(2) All moneys received by the Oregon Board of Dentistry under
this chapter shall be paid to the State Treasury and credited to
the Oregon Board of Dentistry Account. Any interest or other
income derived from moneys paid into the account shall be
credited monthly to the account.
(3) Moneys in the Oregon Board of Dentistry Account are
appropriated continuously and shall be used only for the
administration and enforcement of ORS 680.010 to 680.205 and this
chapter.
{ - (4) All fines imposed and collected under this chapter
shall be paid into the treasury of the county in which the suits,
actions or proceedings were commenced. All money thus paid into
the treasury, over and above the amount necessary to reimburse
the county for any expense incurred by the county, in any suit,
action or proceeding brought under this chapter, shall be paid
before January 1 of each year, into the State Treasury and placed
to the credit of the Oregon Board of Dentistry Account and such
moneys hereby are continuously appropriated and shall be used
only for the administration and enforcement of ORS 680.010 to
680.205 and this chapter. - }
{ - (5) - } { + (4) + } Ten percent of the annual license
fee to be paid by each licensee of the Oregon Board of Dentistry
shall be used by the board to ensure the continued professional
competence of licensees. Such activities shall include the
development of performance standards and professional peer
review.
SECTION 280. ORS 679.991 is amended to read:
679.991. (1) Violation of any provision of ORS 679.020 or
679.025 (1), is a Class A misdemeanor.
(2) Violation of ORS 679.170 or 679.176 is a Class B
misdemeanor.
(3) In the event of a second or subsequent conviction under
subsection (1) of this section, { - it is mandatory upon the
part of the court to sentence the convicted person to
imprisonment in the county jail for not less than 10 days in
addition to the maximum fine or imprisonment permitted - } { +
the court must impose a minimum sentence of 10 days of
imprisonment + }.
(4) In any prosecution for violation of subsection (1) or (2)
of this section, it shall be sufficient to sustain a conviction
to show a single act of conduct in violation of any of the
provisions of this chapter and it shall not be necessary to show
a general course of such conduct.
SECTION 281. ORS 688.715 is amended to read:
688.715. The Oregon Health Licensing Agency is granted
authority to carry out the following duties:
(1) Adopt rules that are necessary to conduct business, carry
out duties and administer the provisions of ORS 688.701 to
688.734.
(2) Issue registrations, including temporary registrations,
permits, waivers and other authorizations to practice athletic
training as determined by the Board of Athletic Trainers.
(3) Establish and collect fees and charges to carry out its
legal responsibilities.
(4) Authorize all necessary disbursements to carry out the
provisions of ORS 688.701 to 688.734, including but not limited
to payment for necessary supplies, office equipment, books and
expenses for the conduct of examinations, payment for legal and
investigative services rendered to the agency and such other
expenditures as are provided for in ORS 688.701 to 688.734.
(5) Employ inspectors, examiners, special agents,
investigators, clerical assistants and accountants as are
necessary for the investigation and prosecution of alleged
violations and the enforcement of ORS 688.701 to 688.734, and for
such other purposes as the agency may require. Nothing in ORS
688.701 to 688.734 shall be construed to prevent assistance being
rendered by an employee of the agency in any hearing called by
it. However, all obligations for salaries and expenses incurred
under ORS 688.701 to 688.734 shall be paid only from the fees
accruing to the agency under ORS 688.701 to 688.734.
(6) The agency shall provide the board with such administrative
services and employees as the board requires to carry out its
duties.
(7) Maintain an accurate record of all proceedings of the board
and of all its meetings, receipts and disbursements,
{ - fines - } { + civil penalties + } and orders for violation
of ORS 688.701 to 688.734, records for registration to practice
athletic training together with the addresses of those
registered, and the names of all persons whose registration has
been subject to disciplinary action.
(8) Investigate complaints, take disciplinary action, including
assessment of civil { - fines - } { + penalties + }, and
provide opportunity for hearing according to ORS 183.745.
(9) Administer oaths, issue notices and subpoenas in the name
of the board, enforce subpoenas in the manner authorized by ORS
183.440, hold hearings and perform such other acts as are
reasonably necessary to carry out duties of the board granted
under ORS 688.701 to 688.734.
SECTION 282. ORS 688.160 is amended to read:
688.160. (1) The Physical Therapist Licensing Board operates as
a semi-independent state agency subject to ORS 182.456 to
182.472, for purposes of carrying out the provisions of ORS
688.010 to 688.201 and 688.990 { - (1) - } . The Physical
Therapist Licensing Board consists of eight members appointed by
the Governor and subject to confirmation by the Senate in the
manner provided in ORS 171.562 and 171.565. All members of the
board must be residents of this state. Of the members of the
board:
(a) Five must be physical therapists who are Oregon residents,
possess unrestricted licenses to practice physical therapy in
this state, have been practicing in this state for at least two
years immediately preceding their appointments and have been
practicing in the field of physical therapy for at least five
years.
(b) One must be a licensed physical therapist assistant.
(c) Two must be public members who have an interest in consumer
rights and who are not:
(A) Otherwise eligible for appointment to the board; or
(B) The spouse, domestic partner, child, parent or sibling of a
physical therapist or physical therapist assistant.
(2)(a) Board members required to be physical therapists or
physical therapist assistants may be selected by the Governor
from a list of three to five nominees for each vacancy, submitted
by the Oregon Physical Therapy Association.
(b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
(A) Geographic areas of this state; and
(B) Ethnic group.
(3)(a) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than three terms end each year. A
member is eligible for reappointment.
(b) In the event of a vacancy in the office of a member of the
board other than by reason of the expiration of a term, the
Governor, not later than 90 days after the occurrence of the
vacancy, shall appoint a person to fill the vacancy for the
unexpired term.
(c) A board member shall be removed immediately from the board
if, during the member's term, the member:
(A) Is not a resident of this state;
(B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
(C) Is not a licensed physical therapist or a retired physical
therapist who was a licensed physical therapist in good standing
at the time of retirement, if the board member was appointed to
serve on the board as a physical therapist; or
(D) Is not a licensed physical therapist assistant or a retired
physical therapist assistant who was a licensed physical
therapist assistant in good standing at the time of retirement,
if the board member was appointed to serve on the board as a
retired physical therapist assistant.
(4) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
(5) A board member who acts within the scope of board duties,
without malice and in reasonable belief that the member's action
is warranted by law, is immune from civil liability.
(6) The board shall have power to:
(a) Establish matters of policy affecting administration of ORS
688.010 to 688.201;
(b) Provide for examinations for physical therapists and
physical therapist assistants and adopt passing scores for the
examinations;
(c) Adopt rules necessary to carry out and enforce the
provisions of ORS 688.010 to 688.201;
(d) Establish standards and tests to determine the
qualifications of applicants for licenses to practice physical
therapy in this state;
(e) Issue licenses to persons who meet the requirements of ORS
688.010 to 688.201;
(f) Adopt rules relating to the supervision and the duties of
physical therapist aides who assist in performing routine work
under supervision;
(g) Adopt rules establishing minimum continuing education
requirements for all licensees;
(h) Exercise general supervision over the practice of physical
therapy within this state;
(i) Establish and collect fees for the application or
examination for, or the renewal, reinstatement or duplication of,
a license under ORS 688.040, 688.080 or 688.100 or for the
issuance of a temporary permit under ORS 688.110; and
(j) Establish and collect fees to carry out and enforce the
provisions of ORS 688.010 to 688.201.
(7) The board shall meet as determined by the board and at any
other time at the call of the board chairperson, who shall be
elected by the members of the board. All members have equal
voting privileges.
(8) The board may appoint and fix the compensation of staff as
necessary to carry out the operations of the board.
(9) The board shall:
(a) Maintain a current list of all persons regulated under ORS
688.010 to 688.201, including the persons' names, current
business and residential addresses, telephone numbers, electronic
mail addresses and license numbers.
(b) Provide information to the public regarding the procedure
for filing a complaint against a physical therapist or physical
therapist assistant.
(c) Publish at least annually, and in a format or place
determined by the board, final disciplinary actions taken against
physical therapists and physical therapist assistants and other
information, including rules, in order to guide physical
therapists and physical therapist assistants regulated pursuant
to ORS 688.010 to 688.201.
SECTION 283. ORS 688.990 is amended to read:
688.990. { - (1) - } Violation of any provision of ORS
688.020
{ - or - } { + , + } 688.120 { + , 688.415 or 688.425 + } is a
{ + Class A + } misdemeanor.
{ - (2) Violation of ORS 688.415 or 688.425 is punishable by
a fine of not more than $500, or imprisonment for not more than
one year, or both. - }
SECTION 284. ORS 691.565 is amended to read:
691.565. { - (1) - } The Board of Examiners of Licensed
Dietitians Account is established in the State Treasury, separate
and distinct from the General Fund. All moneys received by the
Board of Examiners of Licensed Dietitians under ORS 691.405 to
691.585 shall be deposited into the account and are continuously
appropriated to the board to be used only for the administration
and enforcement of ORS 691.405 to 691.585. Any interest or other
income from moneys in the account shall be credited to the
account.
{ - (2) All fines collected or received for violations of or
prosecutions under ORS 691.405 to 691.585 shall be paid into the
account and used only for the administration and enforcement of
ORS 691.405 to 691.585. - }
SECTION 285. ORS 695.990 is amended to read:
695.990. Violation of any of the provisions of ORS 695.210 to
695.240 is { - punishable, upon conviction, by a fine of not
more than $500 or by imprisonment in the county jail for not more
than one year - } { + a Class A misdemeanor + }.
SECTION 286. ORS 705.165 is amended to read:
705.165. (1) Except as provided in ORS 59.255, 59.995, 86A.130,
86A.992 and 645.950, the net amount accruing to the Department of
Consumer and Business Services from all fees, charges, interest,
{ - fines, - } penalties and miscellaneous revenues from all
sources under ORS chapter 645 and ORS 59.005 to 59.451, 59.710 to
59.830, 59.991, 86A.095 to 86A.198, 650.005 to 650.100 and
705.350 shall, after deduction of refunds, be paid over to the
State Treasurer and deposited in a separate subaccount in the
Consumer and Business Services Fund created under ORS 705.145 at
least monthly and may be used only for the expenses of the
department in carrying out its functions and duties under ORS
chapter 645 and ORS 59.005 to 59.451, 59.710 to 59.830, 59.991,
59.995, 86A.095 to 86A.198, 650.005 to 650.100 and 705.350.
(2) Any amount deposited in the separate subaccount in the
Consumer and Business Services Fund as provided in subsection (1)
of this section that at the end of each quarter is determined by
the Director of the Department of Consumer and Business Services
to be in excess of the amount needed to administer ORS chapter
645 and ORS 59.005 to 59.451, 59.710 to 59.830, 59.991, 59.995,
86A.095 to 86A.198 and 650.005 to 650.100 shall be transferred to
the General Fund and shall become available for general
governmental expenses.
SECTION 287. ORS 705.642 is amended to read:
705.642. (1) Whenever the Director of the Department of
Consumer and Business Services determines that a person has
engaged, is engaging or is about to engage in an act or practice
constituting a violation of a provision of ORS 705.638, 707.005
or 707.010 or any rule or order of the director, the director may
bring suit in the name of or on behalf of the State of Oregon in
the circuit court of any county of this state to enjoin the acts
or practices and to enforce compliance with the provisions of ORS
705.638, 707.005 or 707.010 or the rule or order. Upon a proper
showing, the court shall grant a permanent or temporary
injunction, restraining order or writ of mandamus. The court may
{ - fine - } { + impose a penalty against + } the person
{ - against whom the order is entered - } { + of + } not more
than $20,000 for each violation, which shall be entered as a
judgment and paid to the General Fund of the State Treasury. Each
violation is a separate offense. In the case of a continuing
violation, each day's continuance is a separate violation, but
the maximum penalty for a continuing violation may not exceed
$100,000. If the court finds that the defendant has violated a
provision of ORS 705.638, 707.005 or 707.010 or a rule or order,
the court may appoint a receiver, who may be the director, for
the defendant or the defendant's assets. The court may not
require the director to post a bond. The court may award
reasonable attorney fees to the director if the director prevails
in an action under this section. The court may award reasonable
attorney fees to a defendant who prevails in an action under this
section if the court determines that the director had no
objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial
court.
(2) The director may include either of the following in any
action authorized by subsection (1) of this section:
(a) A claim for restitution or damages on behalf of the persons
injured by the act or practice constituting the subject matter of
the action. The court shall have jurisdiction to award
appropriate relief to such persons, if the court finds that
enforcement of the rights of such persons by private civil
action, whether by class action or otherwise, would be so
burdensome or expensive as to be impractical.
(b) A claim for disgorgement of illegal gains or profits
derived. Any recovery under this paragraph must be turned over to
the General Fund of the State Treasury unless the court requires
another disposition.
SECTION 288. ORS 707.145 is amended to read:
707.145. The Director of the Department of Consumer and
Business Services may disapprove an application for a permit to
organize or refuse to approve the articles of incorporation or to
grant a charter upon a finding that any person named in the
application to organize or in other documents submitted for
filing:
(1) Is insolvent, either in the sense that the person's
liabilities exceed the person's assets or that the person cannot
meet the person's obligations as they mature, or is in such
financial condition that the person cannot continue in business
with safety to the person's customers;
(2) Has engaged in dishonest, fraudulent or illegal practices
or conduct in any business or profession;
(3) Has willfully or repeatedly violated or failed to comply
with any provisions of the Bank Act or any rule or order of the
director;
(4) Has been convicted of a crime, an essential element of
which is fraud;
(5) Is not qualified to conduct a banking business on the basis
of such factors as training, experience and knowledge of the
business;
(6) Is permanently or temporarily enjoined by a court of
competent jurisdiction from engaging in or continuing any conduct
or practice involving any aspect of the banking business or other
business that may lawfully be conducted by an insured
institution;
(7) Is the subject of an order of the director subjecting the
person to { - a fine or - } a civil penalty, or removing the
person from an office in any entity regulated by the director; or
(8) Is the subject of an order entered within the past five
years, directing the person to cease and desist from any
fraudulent or unlawful business or banking practice, subjecting
the person to a { - fine or other - } civil penalty, or
removing the person from an office in a financial institution or
a consumer finance company issued by the banking supervisor of
another state or by the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System or by any other agency of
the federal government or another state with regulatory authority
over such financial institutions or consumer finance companies.
SECTION 289. ORS 717.235 is amended to read:
717.235. (1) Upon the filing of a complete application, the
Director of the Department of Consumer and Business Services
shall review the application and may investigate the financial
condition and responsibility, financial and business experience,
character and general fitness of the applicant. The director may
conduct an on-site investigation of the applicant, the reasonable
cost of which shall be paid by the applicant. The director may
disapprove an application if the director finds that the
applicant:
(a) Is insolvent, either in the sense that the person's
liabilities exceed the person's assets or that the person cannot
meet obligations as they mature, or that the person is in such
financial condition that the person cannot continue in business
with safety to the person's customers;
(b) Has engaged in dishonest, fraudulent or illegal practices
or conduct in any business or profession;
(c) Has willfully or repeatedly violated or failed to comply
with a provision of the Oregon Bank Act, Oregon Securities Law,
Oregon Credit Union Act, Oregon Consumer Finance Act or
Pawnbrokers Act or any rule or order of the director adopted
under those laws;
(d) Has been convicted of a crime, an essential element of
which is fraud;
(e) Is not qualified to engage in the business of money
transmission on the basis of such factors as training, experience
and knowledge of the business;
(f) Is permanently or temporarily enjoined by a court of
competent jurisdiction from engaging in or continuing any conduct
or practice involving an aspect of the banking business or of the
money transmission business;
(g) Is the subject of an order of the director subjecting the
person to a { - fine or other - } civil penalty or removing
the person from an office in any entity regulated by the
director; or
(h) Is the subject of an order entered within the past five
years, subjecting the person to a { - fine or other - } civil
penalty or removing the person from an office in a state or
federally chartered, licensed or regulated financial services
company.
(2) The director may also disapprove an application if the
director finds that a controlling person is subject to a
provision of subsection (1) of this section except subsection
(1)(a) or (e) of this section. If a controlling person is the
sole owner of the applicant, then the director may disapprove an
application if the director finds that the controlling person is
subject to a provision of subsection (1) of this section.
(3) If the director finds that the applicant's business will be
conducted honestly, fairly and in a manner commanding the
confidence and trust of the community, and that the applicant has
fulfilled the requirements imposed by ORS 717.200 to 717.320,
717.900 and 717.905 and has paid the required license fee, the
director shall issue a license to the applicant authorizing the
applicant to conduct money transmission business in this state
for a term of one year. If these requirements have not been met,
the director shall deny the application in writing and shall
describe the reasons for the denial.
(4) An order of the director denying an application under ORS
717.200 to 717.320, 717.900 and 717.905 shall state the grounds
upon which the order is based and shall not become effective for
at least 20 days after written notice of the order has been sent
by registered or certified mail to the applicant at the principal
place of business of the applicant.
(5) Appeals from an order of the director denying an
application may be taken to the courts of this state as provided
by ORS chapter 183.
SECTION 290. ORS 717.315 is amended to read:
717.315. All fees, charges, costs and { - fines - } { +
civil penalties + } collected by the Director of the Department
of Consumer and Business Services under ORS 717.200 to 717.320,
717.900 and 717.905 shall be paid to the State Treasurer and
credited as provided in ORS 705.145.
SECTION 291. ORS 723.014 is amended to read:
723.014. The Director of the Department of Consumer and
Business Services may not issue a certificate of approval under
ORS 723.012 if a person named in the articles of incorporation
submitted for approval:
(1) Is insolvent or bankrupt;
(2) Has engaged in dishonest, fraudulent or illegal practices
or conduct in any business or profession;
(3) Has willfully or repeatedly violated or failed to comply
with a provision of the Oregon Bank Act, the Oregon Credit Union
Act, the Oregon Consumer Finance Act, the Oregon Securities Law,
the Oregon Mortgage Lender Law or the Pawnbrokers Act, or an
administrative rule or order adopted under an Act identified in
this subsection;
(4) Has been convicted of a crime, an essential element of
which is fraud;
(5) Is not qualified to conduct a credit union business on the
basis of such factors as training, experience and knowledge of
the business;
(6) Is permanently or temporarily enjoined by a court of
competent jurisdiction from engaging in or continuing any conduct
or practice involving any aspect of the credit union business;
(7) Is the subject of an order of the director subjecting the
person to a { - fine or other - } civil penalty, or removing
the person from an office in any entity regulated by the
director; or
(8) Is the subject of an order that was issued by the
regulatory authority of another state, or of the federal
government, with authority over banking institutions, credit
unions, consumer finance companies, savings associations,
securities firms or mortgage lenders, that was entered within the
past five years and that subjects the person to a { - fine or
other - } civil penalty or removes the person from an office in a
state banking institution, a national bank, a state or federal
credit union, a state or federal savings association or a
consumer finance company, or from a position as a securities
broker or dealer, a state or federal investment adviser or a
mortgage lender.
SECTION 292. ORS 723.106 is amended to read:
723.106. (1) Credit unions shall report to the Director of the
Department of Consumer and Business Services annually by a date
established by the director on forms supplied and in the manner
specified by the director for that purpose. Additional reports
may be required.
(2) A { - fine - } { + civil penalty + } in an amount to be
established by rule of the director, but not to exceed $1,000 for
each day a report is in arrears shall be levied against the
offending credit union unless it is excused for cause by the
director.
SECTION 293. ORS 725.145 is amended to read:
725.145. The Director of the Department of Consumer and
Business Services may disapprove an application for a license if
a person named in the application submitted pursuant to ORS
725.120:
(1) Is insolvent, either in the sense that the person's
liabilities exceed the person's assets or that the person cannot
meet the person's obligations as they mature, or is in such
financial condition that the person cannot continue in business
with safety to the person's customers;
(2) Has engaged in dishonest, fraudulent or illegal practices
or conduct in any business or profession;
(3) Has knowingly or repeatedly violated or failed to comply
with any provision of the Oregon Bank Act, the Oregon Credit
Union Act, the Oregon Consumer Finance Act or the Pawnbrokers
Act, or any administrative rule or order adopted under an Act
identified in this subsection;
(4) Has been convicted of a crime, an essential element of
which is fraud;
(5) Is permanently or temporarily enjoined by a court of
competent jurisdiction from engaging in or continuing any conduct
or practice involving an aspect of the consumer finance business;
(6) Is the subject of an order of the director subjecting the
person to a { - fine or other - } civil penalty under the Bank
Act or ORS chapter 723 or this chapter, or removing the person
from an office in any entity regulated under the Bank Act or ORS
chapter 723 or this chapter; or
(7) Is the subject of an order that was issued by the
regulatory authority of another state or of the federal
government with authority over banking institutions, savings
associations, credit unions or consumer finance companies, that
was entered within the past five years and that subjects the
person to a { - fine or other - } civil penalty or removes the
person from an office in a state banking institution, a national
bank, a state or federal savings association, a state or federal
credit union or a consumer finance company.
SECTION 294. ORS 726.075 is amended to read:
726.075. The Director of the Department of Consumer and
Business Services may not grant a license to engage in the
business of pawnbroker to any person if any person named in the
application submitted pursuant to ORS 726.060:
(1) Is insolvent, either in the sense that the person's
liabilities exceed the person's assets or that the person cannot
meet obligations as they mature, or is in such financial
condition that the person cannot continue in business with safety
to the person's customers;
(2) Has engaged in dishonest, fraudulent or illegal practices
or conduct in any business or profession;
(3) Has willfully or repeatedly violated or failed to comply
with a provision of the Oregon Bank Act, the Oregon Credit Union
Act, the Oregon Consumer Finance Act or the Pawnbrokers Act, or
any administrative rule or order adopted under an Act identified
in this subsection;
(4) Has been convicted of a crime, an essential element of
which is fraud;
(5) Is not qualified to conduct a pawnbroker business on the
basis of such factors as training, experience and knowledge of
the business;
(6) Is permanently or temporarily enjoined by a court of
competent jurisdiction from engaging in or continuing any conduct
or practice involving an aspect of the pawnbroker business;
(7) Is the subject of an order of the director, subjecting the
person to a { - fine or other - } civil penalty, or removing
the person from an office in an entity regulated by either
director; or
(8) Is the subject of an order that was issued by the
regulatory authority of another state or of the federal
government with authority over such banking institutions, credit
unions, consumer finance companies or savings associations, that
was entered within the past five years and that subjects the
person to a { - fine or other - } civil penalty or removes the
person from an office in a state banking institution, a national
bank, a state or federal savings association, a state or federal
credit union or a consumer finance company.
SECTION 295. ORS 726.990 is amended to read:
726.990. (1) Violation, or participation in the violation, of
any provision of this chapter by any pawnbroker or any agent,
member, officer or employee thereof, or any other person is
{ - punishable, upon conviction, by a fine of not less than
$100 nor more than $500 or by imprisonment in the county jail for
not less than one month and not more than six months, or both - }
{ + a Class B misdemeanor + }.
(2) Upon conviction under subsection (1) of this section, no
license shall be granted to such person, nor to the husband or
wife of such person, nor to any partnership, association or
corporation of which the person is an agent or member, until two
years after the date of the conviction.
SECTION 296. ORS 731.292 is amended to read:
731.292. (1) Except as provided in subsections (2), (3) and (4)
of this section, all fees, charges and other moneys received by
the Department of Consumer and Business Services or the Director
of the Department of Consumer and Business Services under the
Insurance Code shall be deposited in the fund created by ORS
705.145 and are continuously appropriated to the department for
the payment of the expenses of the department in carrying out the
Insurance Code.
(2) All taxes { - , fines - } and penalties paid pursuant to
the Insurance Code shall be paid to the director and after
deductions of refunds shall be paid by the director to the State
Treasurer, at the end of every calendar month or more often in
the director's discretion, for deposit in the General Fund to
become available for general governmental expenses.
(3) All premium taxes received by the director pursuant to ORS
731.820 shall be paid by the director to the State Treasurer for
deposit in the State Fire Marshal Fund.
(4) Assessments received by the department under ORS 743.951
and 743.961 and penalties received by the department under ORS
743.990 and section 10, chapter 867, Oregon Laws 2009, shall be
paid into the State Treasury and credited to the Health System
Fund established in section 1, chapter 867, Oregon Laws 2009,
after deducting the following amounts:
(a) Amounts needed to reimburse the department for expenses in
administering ORS 743.951 to 743.965 and 743.990; and
(b) Amounts needed to reimburse the General Fund for reductions
in revenue caused by the effect of ORS 743.961 on the retaliatory
tax imposed under ORS 731.854 and 731.859.
SECTION 297. ORS 731.992 is amended to read:
731.992. (1) Violation of ORS 731.260 is { - punishable upon
conviction, in the case of an individual, by imprisonment in the
county jail for not more than one year or by a fine not exceeding
$1,000; or, in the case of a corporation, by a fine not exceeding
$10,000 - } { + a Class A misdemeanor + }.
(2) Violation of any provision of the Insurance Code for which
a greater penalty is not otherwise provided by the Insurance Code
or by other applicable laws of this state, in addition to any
applicable prescribed denial, suspension or revocation of any
certificate or license or any civil forfeiture, { - shall be
punishable upon conviction as for a - } { + is a Class A + }
misdemeanor.
SECTION 298. ORS 756.360 is amended to read:
756.360. All fees, { - fines, - } penalties and other moneys
collected by the Public Utility Commission under ORS 756.310,
756.320, 756.350, 758.015, 758.400 to 758.475 and ORS chapter 759
shall be paid by the commission into the State Treasury within 30
days after the collection thereof, and shall be placed by the
State Treasurer to the credit of the Public Utility Commission
Account and the fees, { - fines, - } penalties and other
moneys collected from:
(1) Public utilities shall be used only for the purpose of
paying the expenses of the commission in performing the duties
imposed by law upon the commission in respect to utilities, and
for the purpose of paying the expenses of the Office of the
Governor for its responsibilities in administering energy
conservation and allocation programs.
(2) Telecommunications providers shall be used only for the
purpose of paying the expenses of the commission in performing
the duties imposed by law upon the commission in respect to
telecommunications providers, and for the purpose of paying the
expenses of the Office of the Governor for its responsibilities
in administering energy conservation and allocation programs.
SECTION 299. ORS 756.990 is amended to read:
756.990. (1) Any public utility or telecommunications utility
that fails to comply with an order or subpoena issued pursuant to
ORS 756.090 shall forfeit, for each day it so fails, a sum of not
less than $50 nor more than $500.
(2) Except where a penalty is otherwise provided by law, any
public utility, telecommunications utility or other person
subject to the jurisdiction of the Public Utility Commission
shall forfeit a sum of not less than $100 nor more than $10,000
for each time that the person:
(a) Violates any statute administered by the commission;
(b) Does any act prohibited, or fails to perform any duty
enjoined upon the person;
(c) Fails to obey any lawful requirement or order made by the
commission; or
(d) Fails to obey any judgment made by any court upon the
application of the commission.
(3) Violation of ORS 756.115 is a Class A violation. { - A
penalty of not less than $500 nor more than $1,000 shall be
recovered from the public utility or telecommunications utility
for each such offense when such officer, agent or employee acted
in obedience to the direction, instruction or request of the
public utility, telecommunications utility or any general officer
thereof. - }
(4) Violation of ORS 756.125 is { - punishable, upon
conviction, by a fine of not more than $100 or imprisonment for
not more than 30 days, or both - } { + a Class C
misdemeanor + }. { - Any public utility or telecommunications
utility that knowingly permits the violation of ORS 756.125 shall
forfeit, upon conviction, not more than $1,000 for each
offense. - }
(5) Violation of ORS 756.543 (1) is { - punishable, upon
conviction, by a fine of not less than $100 nor more than $1,000,
or by imprisonment in the county jail for not more than one year,
or both - } { + a Class A misdemeanor + }.
(6) In construing and enforcing this section, the act, omission
or failure of any officer, agent or other person acting for or
employed by any public utility, telecommunications utility or
other person subject to the jurisdiction of the commission acting
within the scope of the person's employment shall in every case
be deemed to be the act, omission or failure of such public
utility, telecommunications utility or other person subject to
the jurisdiction of the commission. With respect to any violation
of any statute administered by the commission, any penalty
provision applying to such a violation by a public utility or
telecommunications utility shall apply to such a violation by any
other person.
(7) Except when provided by law that a penalty, { - fine, - }
forfeiture or other sum be paid to the aggrieved party, or as
provided in ORS 757.994 (1), all penalties { - , fines - } or
forfeitures or other sums collected or paid under the provisions
of any law administered by the commission shall be paid into the
General Fund and credited to the Public Utility Commission
Account.
SECTION 300. ORS 776.991 is amended to read:
776.991. { - (1) Except as provided in subsection (2) of this
section, any person violating - } { + Violation of + } any of
the provisions of this chapter is { - punishable, upon
conviction, by a fine not to exceed $500, or by imprisonment in
the county jail not to exceed six months, or both - } { + a
Class B misdemeanor + }. { + Notwithstanding ORS 161.635 and
section 10 of this 2011 Act, the minimum fine for a violation of
ORS 776.405 (1)(a) is $5,000 and the maximum fine is $50,000. + }
{ - (2) Any person violating the provisions of ORS 776.405
(1)(a) is punishable, upon conviction, by a fine of not less than
$5,000 nor more than $50,000, or by imprisonment in the county
jail not to exceed six months, or both. - }
SECTION 301. ORS 778.085 is amended to read:
778.085. (1) To the full extent the State of Oregon might
exercise control, or grant to the Port of Portland the right to
exercise control, the port has full control of the rivers,
harbors and waterways within its boundaries and between its
boundaries and the sea.
(2) The port may make, change or abolish wharf lines of, in and
for the rivers, harbors and waterways within its boundaries.
(3) As it considers convenient, requisite or necessary, or in
the best interests of the maritime shipping or commercial
interests of the port, the board may by ordinance make, modify or
abolish regulations:
(a) For the use or navigation of the rivers, harbors and
waterways mentioned in subsection (1) of this section; or
(b) For the placing of obstructions therein, or the removal of
obstructions therefrom.
(4) The port may enforce the regulations by { - fines and - }
penalties or seek other appropriate remedies as the port
considers necessary. { - Fines and - } Penalties are
recoverable in the name of the port in any court of this state
{ - having jurisdiction of actions for the recovery of fines or
penalties imposed by state laws. Fines recovered shall be paid to
the clerk of the court who, after deducting court costs in the
proceedings, shall pay the remainder thereof to the treasurer of
the port, to go to its general fund - } .
(5) This section does not authorize the port to cause the
removal of bridges or other obstructions existing under a grant
by this state. This section does not authorize the port to
exclude cities other than the City of Portland from free access
to the channel of either the Willamette or Columbia Rivers or the
Oregon and the Columbia Sloughs, or the free use of the rivers or
sloughs for navigation.
SECTION 302. ORS 778.990 is amended to read:
778.990. Any person who violates an ordinance adopted by the
board of the Port of Portland under ORS 778.085 or 778.260
{ - shall be guilty of a misdemeanor and, upon conviction, shall
be punished by a fine of not more than $250 - } { + commits a
Class A misdemeanor + }.
SECTION 303. ORS 783.610 is amended to read:
783.610. { - (1) - } No person shall moor any vessel of any
kind or any name, or any boat, skiff, barge, scow, raft, or part
of a raft, to any buoy or beacon placed in the navigable waters
of this state, or in any bay, river or arm of the sea bordering
upon this state, by the authority of the United States Coast
Guard or shall in any manner hang on with any vessel, boat,
barge, scow, raft, or part of a raft, to any such buoy or beacon,
or shall willfully remove, damage or destroy any such buoy or
beacon, or shall cut down, remove, damage or destroy any beacon
or beacons erected on land in this state by authority of the
United States Coast Guard.
{ - (2) All fines for violation of this section shall be paid
into the county school fund of the county in which the action is
tried. - }
SECTION 304. ORS 783.990 is amended to read:
783.990. (1) Violation of ORS 783.510 { + , 783.520 or 793.610
+ }is
{ - punishable, upon conviction, in a justice or circuit court,
by a fine of not less than $50 nor more than $200, or by
imprisonment in the county jail for not less than one nor more
than six months, or both - } { + a Class B misdemeanor + }.
{ - (2) Violation of ORS 783.520 is punishable, upon
conviction, in a justice or circuit court, by a fine of not less
than $50 nor more than $250, or by imprisonment in the county
jail for not less than 60 days nor more than six months. - }
{ - (3) - } { + (2) + } Violation of ORS 783.530 { + ,
793.550 or 783.560 + } is
{ - punishable, upon conviction, in a justice or circuit court,
by a fine of not less than $20 nor more than $200, or by
imprisonment in the county jail for not less than 10 nor more
than 100 days - } { + a Class C misdemeanor + }.
{ - (4) Violation of ORS 783.550 is punishable, upon
conviction, in a justice or circuit court, by a fine of not less
than $20 nor more than $100 or by imprisonment in the county jail
for not less than 10 nor more than 100 days, or both. - }
{ - (5) - } { + (3) + } Violation of ORS 783.560 by any
officer is a Class D violation.
{ - (6) Violation of ORS 783.580 is punishable, upon
conviction, by a fine of not less than $100 nor more than $250,
and by imprisonment in the county jail not less than 10 nor more
than 25 days. Justices of the peace have jurisdiction of
violations of ORS 783.580. - }
{ - (7) - } { + (4) + } Violation of ORS 783.590 and injury
or damage of any bridge across the Willamette River for want of
the appliances described in ORS 783.590 is a Class A violation.
{ - (8) - } { + (5) + } Violation of ORS 783.620 is
{ - punishable, upon conviction, by a fine of not less than $100
nor more than $500, or by imprisonment in the county jail for not
less than three months nor more than one year - } { + a Class A
misdemeanor + }.
{ - (9) Violation of ORS 783.610 is punishable, upon
conviction, by a fine of not less than $100 nor more than $200,
or by imprisonment in the county jail not less than one nor more
than six months, or both. - }
SECTION 305. ORS 811.172 is amended to read:
811.172. (1) A person commits the offense of improperly
disposing of human waste if the person is operating or riding in
a motor vehicle and the person throws, puts or otherwise leaves a
container of urine or other human waste on or beside the highway.
(2) The offense described in this section, improperly disposing
of human waste, is a { + Class A + } misdemeanor { - and is
punishable by a maximum fine of $250 - } .
SECTION 306. ORS 823.991 is amended to read:
823.991. (1) Any motor carrier or railroad that fails to comply
with an order or subpoena issued pursuant to ORS 823.025 shall
pay a civil penalty, for each day it so fails, of not less than
$50 nor more than $500.
(2) Except where a penalty is otherwise provided by law, any
motor carrier or railroad shall pay a civil penalty of not less
than $100 nor more than $10,000 for each time that the motor
carrier or railroad:
(a) Violates any statute regarding motor carriers or railroads,
as appropriate, administered by the Department of Transportation;
(b) Does any act prohibited, or fails to perform any duty
enjoined upon the motor carrier or railroad;
(c) Fails to obey any lawful requirement or order made by the
department; or
(d) Fails to obey any judgment made by any court upon the
application of the department.
(3) Violation of ORS 823.029 is punishable after issuance of a
final order by the department, by a civil penalty of not less
than $1,000 for each offense. A penalty of not less than $500 nor
more than $1,000 shall be recovered from the motor carrier or
railroad for each such offense when such officer, agent or
employee acted in obedience to the direction, instruction or
request of the motor carrier or railroad, or any general officer
thereof.
(4) Violation of ORS 823.029 is a Class A violation.
(5) Violation of ORS 823.051 is { - punishable, upon
conviction, by a fine of not more than $100 or imprisonment for
not more than 30 days, or both - } { + a Class C
misdemeanor + }. Any motor carrier or railroad that knowingly
permits the violation of ORS 823.051 shall forfeit, upon
conviction, not more than $1,000 for each offense.
(6) In construing and enforcing this section, the act, omission
or failure of any officer, agent or other person acting for or
employed by any motor carrier or railroad shall in every case be
deemed to be the act, omission or failure of such motor carrier
or railroad. With respect to any violation of any statute
administered by the department regarding motor carriers or
railroads, any penalty provision applying to such a violation by
a motor carrier or railroad shall apply to such a violation by
any other person.
(7) Except as provided in ORS 824.019 and 825.326, and except
when provided by law that a penalty, { - fine, - } forfeiture
or other sum be paid to the aggrieved party, all penalties { - ,
fines - } or forfeitures collected from persons subject to the
regulatory authority of the department under ORS chapters 823,
824, 825 and 826 shall be paid into the General Fund and credited
to the Motor Carrier Account if collected from a motor carrier
and to the Railroad Fund created under ORS 824.014 (1) if
collected from a railroad.
(8) Violation of ORS 823.105 is punishable, after issuance of a
final order by the department, by a civil penalty of not more
than $5,000 for each offense.
(9) Violation of ORS 823.105 is a { + specific fine + }
violation punishable by a fine of not more than $5,000 for each
offense.
(10) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745.
SECTION 307. ORS 824.014 is amended to read:
824.014. (1) The Railroad Fund is established separate and
distinct from the General Fund. Interest earned, if any, shall
inure to the benefit of the Railroad Fund.
(2) All fees, { - fines, - } penalties and other moneys
collected by the Department of Transportation under ORS 824.010
and 824.012 shall be paid by the department into the State
Treasury within 30 days after the collection thereof, and shall
be placed by the State Treasurer to the credit of the Railroad
Fund created by subsection (1) of this section. The fees,
{ - fines, - } penalties and other moneys collected from
railroads shall be used only for the purpose of paying the
expenses of the department in performing the duties imposed by
law upon the department in respect to railroads.
SECTION 308. ORS 825.990 is amended to read:
825.990. (1) Except as otherwise provided in subsection (2) of
this section, every person who violates or procures, aids or
abets violation of this chapter and any person who refuses or
fails to obey any order, decision or rule, made under or pursuant
to this chapter commits a Class A traffic violation.
(2) Knowingly violating an out-of-service notice issued under
authority of the Department of Transportation is a Class A
misdemeanor.
(3) A person is subject to the penalties under subsection (4)
of this section if the person knowingly:
(a) Transports any hazardous waste listed under ORS 466.005 or
rules adopted thereunder to a facility that does not have
appropriate authority to receive the waste under ORS 466.005 to
466.385 and 466.992.
(b) Disposes of any hazardous waste listed under ORS 466.005 or
rules adopted thereunder without appropriate authority under ORS
466.005 to 466.385 and 466.992.
(c) Materially violates terms of any permit or authority issued
to the person under this chapter or ORS 466.005 to 466.385 and
466.992 in the transporting or disposing of hazardous waste.
(d) Makes any false material statement or representation in any
application, label, manifest, record, report, permit or other
document filed, maintained or used for purposes of compliance
with requirements under this chapter for the safe transportation
of hazardous wastes.
(e) Fails to include material information required under rules
of the Department of Transportation in any application for any
permit or authority to transport hazardous waste under this
chapter.
(f) Violates any rules adopted by the Department of
Transportation concerning the transportation of hazardous wastes.
(4) Subject to ORS 153.022, violation of subsection (3) of this
section is { - subject to the penalty of a fine of not more
than $10,000 for each day of violation, imprisonment of not more
than six months, or both - } { + a Class B misdemeanor + }.
SECTION 309. { + ORS 165.475, 165.480, 165.485, 165.490,
165.495, 165.505, 165.510, 165.515, 165.520, 221.923 and 632.620
are repealed. + }
SECTION 310. { + The amendments to statutes by sections 151 to
308 of this 2011 Act and the repeal of statutes by section 309 of
this 2011 Act apply only to offenses committed on or after the
effective date of this 2011 Act. + }
{ +
CAPTIONS + }
SECTION 311. { + The unit and section captions used in this
2011 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 2011 Act. + }
{ +
EFFECTIVE DATE + }
SECTION 312. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect
July 1, 2011. + }
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