Chapter 1064 Oregon Laws 1999

Session Law

AN ACT

HB 2317

Relating to courts; creating new provisions; amending ORS 137.295; and appropriating money.

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

SECTION 1. ORS 137.295 is amended to read:

137.295. (1) When a defendant convicted of a crime, violation or infraction in the circuit, justice or municipal court, or allowed diversion in such a case, makes a payment of money to be credited against monetary obligations imposed as a result of that conviction or diversion, the clerk shall distribute the payment as provided in this section.

(2) There are four categories of monetary obligations. The categories are as follows:

(a) Category 1 consists of compensatory fines under ORS 137.101.

(b) Category 2 consists of restitution as defined in ORS 137.103 and restitution under ORS 419C.450 and a monetary obligation imposed under ORS 811.706.

(c) Category 3 consists of the unitary assessment imposed under ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those fines, costs, forfeited bail and other monetary obligations payable to the state or to the General Fund of the state in criminal and quasi-criminal cases for which moneys the law does not expressly provide other disposition.

(d) Category 4 consists of monetary obligations imposed upon the defendant as a result of the conviction, but which do not fall under category 1, category 2 or category 3 of the obligation categories. These include, but are not limited to, fines and other monetary obligations that the law expressly directs be paid to an agency, person or political subdivision of the state, and any other obligation to reimburse for payment of a reward under ORS 131.897.

(3) [So] As long as there remains unpaid any obligation under category 1, including any interest accrued on that obligation, the clerk shall credit toward category 1 all of each payment received.

(4) After the total obligation has been credited under category 1, then [so] as long as there remains unpaid any obligation under both categories 2 and 3, including any interest accrued on those obligations, the clerk shall credit toward each such category 50 percent of each payment received.

(5) The clerk shall monthly transfer the principal amount of the moneys credited under category 1 and under category 2, and all interest that has accrued on those principal amounts, to the victims for whose benefit moneys under that category were ordered paid. The clerk of a circuit court shall monthly transfer the principal amount of the moneys credited under category 3 as directed by the State Court Administrator for deposit in the State Treasury to the credit of the Criminal Fine and Assessment Account established under ORS 137.300. The clerk of a justice or municipal court shall monthly transfer the principal amount of the moneys credited under category 3 to the Department of Revenue as provided in ORS 305.830. The clerk shall transfer all interest on the principal amount of the moneys credited under category 3 to the State Court Administrator for deposit in the Court Facilities Account established under section 3 of this 1999 Act.

(6) When the entire amount owing for purposes of either category 2 or category 3 has been credited, including any interest that has accrued on the amount, further payments by the defendant shall be credited by the clerk entirely to the unpaid balance of whichever of those categories remains unpaid, until both category 2 and category 3 have been entirely paid.

(7) When category 1, category 2 and category 3 have been entirely paid and any obligation remains owing under category 4, the clerk shall credit further payments by the defendant to the obligations under category 4 and shall monthly transfer the principal amount of the moneys so received to the appropriate recipient, giving first priority to counties and cities entitled to revenues generated by prosecutions in justice and municipal courts and giving last priority to persons entitled to moneys as reimbursement for reward under ORS 131.897. The clerk shall transfer all interest on the principal amount of the moneys credited under category 4 to the agency, person or political subdivision of the state entitled to the principal amount. All interest on monetary obligations owing to the state under category 4 shall be transferred to the State Court Administrator for deposit in the Court Facilities Account established under section 3 of this 1999 Act.

SECTION 2. Judgments in criminal actions bear interest at the rate of nine percent per annum from the date of entry of the judgment. The clerk of the court shall calculate interest on each category of monetary obligation established by ORS 137.295 for the purpose of distribution of the interest in the manner provided in ORS 137.295. Interest shall accrue monthly on the first day of each month, beginning with the first day of the second full calendar month after the monetary obligation first becomes due.

SECTION 3. (1) There is established in the General Fund of the State Treasury the Court Facilities Account. The account shall consist of moneys deposited to the account under ORS 137.295 and such other moneys as may be appropriated to the account by law. Moneys in the account are continuously appropriated to the Oregon Department of Administrative Services, and may be used only for the purpose of assisting counties in paying the costs incurred by the counties in complying with the requirements of ORS 1.165 (1), including but not limited to maintaining, improving, replacing or expanding court facilities. The department shall divide and distribute the moneys in the account among the counties of this state in the manner provided by subsection (2) of this section.

(2) At least once every three months, the Oregon Department of Administrative Services shall allocate to each judicial district established under ORS 3.012 a proportion of the moneys in the Court Facilities Account that is equal to the proportion of circuit court judges specified for the judicial district under ORS 3.012 as compared to all circuit court judge positions established under ORS 3.012. If the judicial district consists of only one county, the moneys so allocated to the district shall be distributed to that county. If the judicial district consists of more than one county, the moneys so allocated to the district shall be divided among the counties based on the populations of those counties.

SECTION 4. Each county shall establish a Local Court Facilities Account within the general fund of the county. All amounts in the account shall be dedicated to, and expended for, the funding of maintenance, improvement, replacement or expansion of court facilities in the county. The account shall consist of moneys deposited by the counties, moneys appropriated by the Legislative Assembly to the counties for court facilities and all moneys distributed to the counties from the Court Facilities Account established under section 3 of this 1999 Act. Expenditures from the Local Court Facilities Account may only be made with the joint approval of the county governing body and the presiding judge of the circuit court for the county in which the court facilities are located.

SECTION 5. (1) Sections 2, 3 and 4 of this 1999 Act and the amendments to ORS 137.295 by section 1 of this 1999 Act become operative on July 1, 2003.

(2) Section 2 of this 1999 Act and the amendments to ORS 137.295 by section 1 of this 1999 Act apply only to judgments entered on or after July 1, 2003.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 2, 1999

Effective date October 23, 1999

__________