Chapter 943 Oregon Laws 1999

Session Law

AN ACT

SB 1202

Relating to sexual assault; creating new provisions; amending ORS 137.290 and 137.303; repealing sections 1 and 2, chapter 981, Oregon Laws 1999 (Enrolled House Bill 2391); appropriating money; and limiting expenditures.

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

SECTION 1. ORS 137.303 is amended to read:

137.303. (1) The Department of Revenue is responsible for [assuring] ensuring that moneys in the Criminal Fine and Assessment Account are properly distributed and shall distribute the moneys monthly according to the following formula:

(a) [15.6365] 15.5251 percent of moneys in the account shall be transferred to the Police Standards and Training Account established under ORS 181.690.

(b) [8.7570] 8.6946 percent of moneys in the account shall be transferred to the Criminal Injuries Compensation Account established under ORS 147.225.

(c) [4.2299] 4.1998 percent of moneys in the account shall be transferred to the Intoxicated Driver Program Fund established under ORS 813.270.

(d) [48.6727] 48.3259 percent of moneys in the account shall be transferred to the General Fund to be used for general governmental expenses.

(e) [2.3452] 2.3285 percent of the moneys in the account shall be reserved to be distributed as provided in ORS 137.305.

(f) [2.7608] 2.7411 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department.

(g) [0.7870] 0.7814 percent of moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of enhanced enforcement of traffic laws against drivers of commercial motor vehicles.

(h) [8.7570] 8.6946 percent of the moneys in the account shall be transferred to the Child Abuse Multidisciplinary Intervention Account established in ORS 418.746.

(i) [0.8820] 0.8757 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660.

(j) [3.4586] 3.4340 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of performing forensic laboratory analyses and maintaining the forensic services implied consent unit.

(k) [1.2015] 1.1929 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660 and is continuously appropriated for the purposes of ORS 108.620 (1)(a) to (c).

(L) [0.4508] 0.4476 percent of the moneys in the account shall be transferred to the Safety Education Fund created by ORS 802.155.

(m) [2.061] 2.0463 percent of the moneys in the account shall be transferred to the Children's Trust Endowment Fund established under ORS 418.198.

(n) 0.7125 percent of the moneys in the account shall be transferred to the Sexual Assault Victims Fund established under section 7 of this 1999 Act.

(2) The Department of Revenue shall report to the State Office for Services to Children and Families monthly on the amount of moneys transferred to the Child Abuse Multidisciplinary Intervention Account under subsection (1)(h) of this section. In making the report, the Department of Revenue shall specify the amount of moneys received from the state courts in each county and from each city court.

SECTION 1a. If House Bill 2391 becomes law and Senate Bill 911 does not become law, section 2, chapter 981, Oregon Laws 1999 (Enrolled House Bill 2391) (amending ORS 137.303), is repealed and ORS 137.303, as amended by section 1 of this 1999 Act, is amended to read:

137.303. (1) The Department of Revenue is responsible for ensuring that moneys in the Criminal Fine and Assessment Account are properly distributed and shall distribute the moneys monthly according to the following formula:

(a) [15.5251] 15.4153 percent of moneys in the account shall be transferred to the Police Standards and Training Account established under ORS 181.690.

(b) [8.6946] 8.6331 percent of moneys in the account shall be transferred to the Criminal Injuries Compensation Account established under ORS 147.225.

(c) [4.1998] 4.1701 percent of moneys in the account shall be transferred to the Intoxicated Driver Program Fund established under ORS 813.270.

(d) [48.3259] 47.9841 percent of moneys in the account shall be transferred to the General Fund to be used for general governmental expenses.

(e) [2.3285] 2.3120 percent of the moneys in the account shall be reserved to be distributed as provided in ORS 137.305.

(f) [2.7411] 2.7217 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department.

(g) [0.7814] 0.7759 percent of moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of enhanced enforcement of traffic laws against drivers of commercial motor vehicles.

(h) [8.6946] 8.6331 percent of the moneys in the account shall be transferred to the Child Abuse Multidisciplinary Intervention Account established in ORS 418.746.

(i) [0.8757] 0.8695 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660.

(j) [3.4340] 3.4097 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of performing forensic laboratory analyses and maintaining the forensic services implied consent unit.

(k) [1.1929] 1.1845 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660 and is continuously appropriated for the purposes of ORS 108.620 (1)(a) to (c).

(L) [0.4476] 0.4444 percent of the moneys in the account shall be transferred to the Safety Education Fund created by ORS 802.155.

(m) [2.0463] 2.0318 percent of the moneys in the account shall be transferred to the Children's Trust Endowment Fund established under ORS 418.198.

(n) [0.7125] 0.7074 percent of the moneys in the account shall be transferred to the Sexual Assault Victims Fund established under section 7 of this 1999 Act.

(o) 0.7074 percent of the moneys in the account shall be transferred to the Public Safety Memorial Fund established by section 3, chapter 981, Oregon Laws 1999 (Enrolled House Bill 2391).

SECTION 2. As used in sections 3 to 7 of this 1999 Act:

(1) "Assistant director" means the Assistant Director for Services to Children and Families.

(2) "Crisis line" means an emergency telephone service staffed by persons who are trained to provide emergency peer counseling, information, referral and advocacy to victims of sexual offenses and their families.

SECTION 3. (1) The Assistant Director for Services to Children and Families may make grants to and enter into contracts with private nonprofit organizations that provide intervention and support services to victims of sexual offenses and their families. Grants or contracts under this subsection may be:

(a) For the funding of sexual assault crisis centers; and

(b) For the funding of crisis lines providing services to victims of sexual offenses and their families.

(2) Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990:

(a) The assistant director may by rule provide that the locations of premises utilized for sexual assault crisis centers shall be kept confidential.

(b) All information maintained by the sexual assault crisis center or crisis line relating to clients is confidential. Except for the names of clients, necessary information may be disclosed to the assistant director.

SECTION 4. The Assistant Director for Services to Children and Families shall establish minimum standards for sexual assault crisis centers receiving grants or other financial assistance under section 3 of this 1999 Act.

SECTION 5. (1) A private nonprofit organization operating a sexual assault crisis center or crisis line may apply to the Assistant Director for Services to Children and Families for a grant under section 3 of this 1999 Act. The organization must submit to the assistant director, at the time of application:

(a) A statement of services provided;

(b) Proof of maintenance of accurate and complete financial records;

(c) Clearly defined written policies and procedures; and

(d) A list of members of the governing board.

(2) The assistant director shall approve or reject applications within 60 days after receipt. The assistant director shall mail written notification to the applicant no later than five working days following final action taken on the application.

(3) The assistant director shall consider the geographic area of the state from which an application is submitted to the end that all areas of the state develop programs to deal with the victims of sexual offenses.

SECTION 6. Services provided by sexual assault crisis centers and crisis lines receiving grants or other financial assistance under section 3 of this 1999 Act shall be made accessible and available to all persons who reside in the area served who may need the services. If a sexual assault crisis center or crisis line receiving funds under section 3 of this 1999 Act is unable to provide necessary services to a client, it shall refer the client to alternative community resources.

SECTION 7. (1) There is established the Sexual Assault Victims Fund in the Services to Children and Families Account of the General Fund established under ORS 409.260.

(2) All moneys credited to the Sexual Assault Victims Fund are continuously appropriated for the purposes of section 3 of this 1999 Act to be expended by the Assistant Director for Services to Children and Families as provided in section 3 of this 1999 Act. However, the assistant director shall expend not more than five percent of such moneys for administrative costs of the State Office for Services to Children and Families incurred under section 3 of this 1999 Act.

SECTION 8. ORS 137.290 is amended to read:

137.290. (1) In all cases of conviction for the commission of a crime, violation or infraction, excluding parking violations, the trial court, whether a circuit, justice or municipal court, shall impose upon the defendant, in addition to any other monetary obligation imposed, a unitary assessment under this section. The unitary assessment shall also be imposed by the circuit court and county court in juvenile cases under ORS 419C.005 (1). The unitary assessment is a penal obligation in the nature of a fine and shall be in an amount as follows:

(a) [$100] $101 in the case of a felony.

(b) [$60] $61 in the case of a misdemeanor.

(d) [$30] $31 in the case of any offense punishable only by a fine.

(2) The unitary assessment shall include, in addition to the amount in subsection (1) of this section:

(a) $40 if the defendant was driving a vehicle that requires a commercial driver license to operate and the conviction was for violating:

(A) ORS 811.100 by driving at a speed at least 10 miles per hour greater than is reasonable and prudent under the circumstances; or

(B) ORS 811.115 by driving at least 65 miles per hour; and

(b) $500 if the crime of conviction is a crime found in ORS chapter 163.

(3) The court in any case may waive payment of the unitary assessment, in whole or in part, if, upon consideration, the court finds that payment of the assessment or portion thereof would impose upon the defendant a total monetary obligation inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

(a) The financial resources of the defendant and the burden that payment of the unitary assessment will impose, with due regard to the other obligations of the defendant; and

(b) The extent to which such burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

SECTION 8a. If House Bill 2391 becomes law and Senate Bill 911 does not become law, section 1, chapter 981, Oregon Laws 1999 (Enrolled House Bill 2391) (amending ORS 137.290), and section 8 of this 1999 Act (amending ORS 137.290) are repealed and ORS 137.290 is amended to read:

(a) [$100] $102 in the case of a felony.

(b) [$60] $62 in the case of a misdemeanor.

(d) [$30] $32 in the case of any offense punishable only by a fine.

(2) The unitary assessment shall include, in addition to the amount in subsection (1) of this section:

(a) $40 if the defendant was driving a vehicle that requires a commercial driver license to operate and the conviction was for violating:

(A) ORS 811.100 by driving at a speed at least 10 miles per hour greater than is reasonable and prudent under the circumstances; or

(B) ORS 811.115 by driving at least 65 miles per hour; and

(b) $500 if the crime of conviction is a crime found in ORS chapter 163.

(a) The financial resources of the defendant and the burden that payment of the unitary assessment will impose, with due regard to the other obligations of the defendant; and

SECTION 9. Notwithstanding any other law limiting expenditures by the Department of Human Resources for the State Office for Services to Children and Families for the payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Human Resources for the State Office for Services to Children and Families for the biennium beginning July 1, 1999, the limitation on expenditures established by section 2 (1)(b), chapter [Vetoed], Oregon Laws 1999 (Enrolled House Bill 5029), is increased by the following amounts for the following purposes:

(1) Grants and assistance

from the Sexual Assault

Victims Fund.................................. $ 530,000

(2) Administrative costs of

the State Office for Services

to Children and Families

incurred under sections 3

to 7 of this 1999 Act....................... $ 30,000

Approved by the Governor August 16, 1999

Filed in the office of Secretary of State August 16, 1999

Effective date October 23, 1999

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