Chapter 64 Oregon Laws 1999

Session Law

AN ACT

SB 63

Relating to collection of monetary obligations under criminal judgments; amending ORS 137.118.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 137.118 is amended to read:

137.118. (1) Judgments in criminal actions that impose monetary obligations, including judgments requiring the payment of fines, costs, assessments, compensatory fines, attorney fees, forfeitures or restitution, may be assigned by the state, by a municipal court or by a justice court for collection. An assignment by the state may be to the Department of Revenue or a private collection agency. An assignment by a municipal court or by a justice court may be to a private collection agency. Nothing in this section limits the right of a municipal court or a justice court to assign for collection judgments in matters other than criminal actions.

(2) [Whenever a judgment in a criminal action includes a monetary obligation and the court permits the defendant a period of time beyond the date of imposition of the sentence to pay the obligation, the court may add to the judgment, as an additional cost, an amount for the cost of collection.] The court may add to any judgment in a criminal action that includes a monetary obligation a fee for the cost of collection if the court gives the defendant a period of time to pay the obligation after the date of imposition of the sentence or after the date of the hearing or proceeding that results in the imposition of the financial obligation. [This amount] The fee may not exceed 25 percent of the monetary obligation imposed by the court without the addition of [this] the cost of collection, but shall not be more than $250. The [cost of collection] fee shall be waived or suspended by the court [upon payment of the monetary obligation in full on or before the time set by the court] if the defendant pays the monetary obligation in the manner required by the court.

(3) As used in this section, "criminal action" has the meaning given that term in ORS 131.005.

Approved by the Governor April 20, 1999

Filed in the office of Secretary of State April 20, 1999

Effective date October 23, 1999

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