Bill Text: OR HB2548 | 2013 | Regular Session | Introduced
Bill Title: Relating to bail.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2548 Detail]
Download: Oregon-2013-HB2548-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 27
House Bill 2548
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes commercial bail system.
A BILL FOR AN ACT
Relating to bail; creating new provisions; and amending ORS
18.048, 25.715, 33.075, 40.015, 51.120, 131.405, 131.890,
133.450, 133.753, 133.803, 133.827, 133.843, 135.060, 135.067,
135.230, 135.245, 135.265, 135.280, 137.050, 138.250, 138.650,
157.050, 162.195, 162.205, 169.340, 181.637, 221.352, 703.430,
731.036, 731.186, 731.292, 742.350, 742.356, 744.052, 744.062
and 802.530.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 135.230 is amended to read:
135.230. As used in ORS 135.230 to 135.290, unless the context
requires otherwise:
(1) 'Abuse' means:
(a) Attempting to cause or intentionally, knowingly or
recklessly causing physical injury;
(b) Intentionally, knowingly or recklessly placing another in
fear of imminent serious physical injury; or
(c) Committing sexual abuse in any degree as defined in ORS
163.415, 163.425 and 163.427.
{ + (2) 'Bail agent' means a retail provider of pretrial
release services who is authorized by a surety insurer to execute
or countersign bail bonds as security for the pretrial release of
defendants in criminal judicial proceedings and who holds a
limited class license issued under section 34 of this 2013 Act in
the line of surety insurance.
(3) 'Bail bond' means a written instrument posted by a bail
agent and underwritten by a surety insurer that serves as
security for the pretrial release of a defendant and that
obligates the surety insurer to pay the security amount set by
the court at the time of the defendant's release.
(4) 'Bail recovery agent' means a person who is under contract
with a bail agent to receive compensation, reward or other form
of lawful consideration for locating, apprehending and
surrendering a fugitive criminal defendant for whom a bail bond
has been posted and who holds a private investigator's license
with an endorsement as a bail recovery agent issued under ORS
703.430. 'Bail recovery agent' does not mean a peace officer of
this state or a person who holds a license as a bail recovery
agent in another jurisdiction but does not hold a private
investigator's license with an endorsement as a bail recovery
agent issued under ORS 703.430. + }
{ - (2) - } { + (5) + } 'Conditional release' means a
nonsecurity release
{ - which - } { + that + } imposes regulations on the
activities and associations of the defendant.
{ - (3) - } { + (6) + } 'Domestic violence' means abuse
between family or household members.
{ - (4) - } { + (7) + } 'Family or household members' means
any of the following:
(a) Spouses.
(b) Former spouses.
(c) Adult persons related by blood or marriage.
(d) Persons cohabiting with each other.
(e) Persons who have cohabited with each other or who have been
involved in a sexually intimate relationship.
(f) Unmarried parents of a minor child.
{ - (5) - } { + (8) + } 'Magistrate' has the meaning
provided for this term in ORS 133.030.
{ - (6) - } { + (9) + } 'Personal recognizance' means the
release of a defendant upon the promise of the defendant to
appear in court at all appropriate times.
{ - (7) - } { + (10) + } 'Primary release criteria'
includes the following:
(a) The reasonable protection of the victim or public;
(b) The nature of the current charge;
(c) The defendant's prior criminal record, if any, and, if the
defendant previously has been released pending trial, whether the
defendant appeared as required;
(d) Any facts indicating the possibility of violations of law
if the defendant is released without regulations; and
(e) Any other facts tending to indicate that the defendant is
likely to appear.
{ - (8) - } { + (11) + } 'Release' means temporary or
partial freedom of a defendant from lawful custody before
judgment of conviction or after judgment of conviction if
defendant has appealed.
{ - (9) - } { + (12) + } 'Release agreement' means a sworn
writing by the defendant stating the terms of the release and, if
applicable, the amount of security.
{ - (10) - } { + (13) + } 'Release decision' means a
determination by a magistrate, using primary and secondary
release criteria, { - which - } { + that + } establishes the
form of the release most likely to ensure the safety of the
public and the victim, the defendant's court appearance and that
the defendant does not engage in domestic violence while on
release.
{ - (11) - } { + (14) + } 'Secondary release criteria'
{ - includes the following - } { + means + }:
(a) The defendant's employment status and history and financial
condition;
(b) The nature and extent of the family relationships of the
defendant;
(c) The past and present residences of the defendant;
(d) Names of persons who agree to assist the defendant in
attending court at the proper time; and
(e) Any facts tending to indicate that the defendant has strong
ties to the community.
{ - (12) - } { + (15) + } 'Security release' means a
release conditioned on a promise to appear in court at all
appropriate times { - which - } { + that + } is secured by
cash, stocks, bonds or real { + or personal + } property { + or
by a bail bond + }.
{ - (13) - } { + (16) + } 'Surety' { - is one who - }
{ + means a person that + } executes a security release
{ - and - } { + that + } binds { - oneself - } { + the
person + } to pay the security amount if the defendant fails to
comply with the release agreement.
{ + (17) 'Surety insurer' means an insurer authorized under
the Insurance Code to transact surety insurance, as defined in
ORS 731.186, in this state.
(18) 'Surrender' means the voluntary surrender, or the
delivery, of a defendant into the custody of the sheriff of the
county where an action against the defendant is pending. + }
SECTION 2. ORS 135.245 is amended to read:
135.245. (1) Except as provided in ORS 135.240, a person in
custody has the right to immediate security release or to be
taken before a magistrate without undue delay. If the person is
not released under ORS 135.270, or otherwise released before
arraignment, the magistrate shall advise the person of the right
of the person to a security release as provided in ORS 135.265.
(2) If a person in custody does not request a security release
at the time of arraignment, the magistrate shall make a release
decision regarding the person within 48 hours after the
arraignment.
(3) If the magistrate, having given priority to the primary
release criteria, decides to release a defendant or to set
security, the magistrate shall impose the least onerous condition
reasonably likely to ensure the safety of the public and the
victim and the person's later appearance and, if the person is
charged with an offense involving domestic violence, ensure that
the person does not engage in domestic violence while on release.
A person in custody, otherwise having a right to release, shall
be released upon the personal recognizance unless:
(a) Release criteria show to the satisfaction of the magistrate
that such a release is unwarranted; or
(b) Subsection (6) of this section applies to the person.
(4) Upon a finding that release of the person on personal
recognizance is unwarranted, the magistrate shall impose either
conditional release or security release.
(5) At the release hearing:
(a) The district attorney has a right to be heard in relation
to issues relevant to the release decision; and
(b) The victim has the right:
(A) Upon request made within the time period prescribed in the
notice required by ORS 147.417, to be notified by the district
attorney of the release hearing;
(B) To appear personally at the hearing; and
(C) If present, to reasonably express any views relevant to the
issues before the magistrate.
(6) If a person refuses to provide a true name under the
circumstances described in ORS 135.060 and 135.065, the
magistrate may not release the person on personal recognizance or
on conditional release. The magistrate may release the person on
security release under ORS 135.265 except that the magistrate
shall require the person to deposit the full security amount set
by the magistrate { + or to post a bail bond with a penal sum
equal to the security amount set by the magistrate + }.
{ - (7) This section shall be liberally construed to carry
out the purpose of relying upon criminal sanctions instead of
financial loss to assure the appearance of the defendant. - }
SECTION 3. ORS 135.265 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 { + or bail
bond + } in the amount set by the magistrate.
(2) { - The - } { + A + } defendant { + required to
deposit a security amount + } 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 $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 General Fund. 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) { + (a) + } Instead of { - the security deposit - }
{ + depositing the security amount as + } provided { - for - }
in subsection (2) of this section the defendant may { + :
(A) + } 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 { - , - }
{ + or + } 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.
{ + (B) Post a bail bond.
(b) A deposit made, or bail bond posted, under this subsection
is not subject to the retention of security release costs
described in subsection (2) of this section.
(4)(a) The clerk of the court may not accept a bail bond under
subsection (3) of this section unless the bail bond is
accompanied by a fee equal to one percent of the security amount.
(b) The fee required under this subsection shall be deposited
in the Judicial Department Operating Account established under
ORS 1.009. + }
SECTION 4. ORS 135.280 is amended to read:
135.280. (1) { + (a) + } Upon failure of a person to comply
with any condition of a release agreement or personal
recognizance { + including appearance in court + }, 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) - } { + (b) + } A warrant issued under
{ + this + } subsection { - (1) of this section - } by a
municipal judge may be executed by { - any - } { + a + }
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 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 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 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 Account, 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 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. - }
{ + (2)(a) Upon failure of a person released on bail to
comply with any condition of a release agreement including
appearance in court, the court having jurisdiction may, in
addition to any other action provided by law, issue a warrant for
the arrest of the person.
(b) Upon issuance of an arrest warrant under this subsection,
the court shall notify the bail agent that posted the bail bond
upon which the person is at liberty that the arrest warrant has
been issued.
(3) The court having jurisdiction over a person released on
bail shall issue an arrest warrant for the person if a bail agent
requests the warrant and shows that:
(a) The bail agent posted the bail bond upon which the person
is at liberty;
(b) The bail agent possesses a valid license issued pursuant to
section 34 of this 2013 Act; and
(c) There is probable cause to believe that the person:
(A) Intends to leave this state and not appear in court; or
(B) Has left this state in violation of a condition of the
person's bail. + }
SECTION 5. { + Sections 6 to 10 of this 2013 Act are added to
and made a part of ORS 135.230 to 135.290. + }
SECTION 6. { + (1) A bail agent may arrest a person at liberty
on a bail bond posted by the bail agent if:
(a) The bail agent has received notice of an arrest warrant
issued under ORS 135.280 (2); or
(b) The bail agent has obtained a warrant for the arrest of the
person under ORS 135.280 (3).
(2) A warrant issued under ORS 135.280 (3) may be executed by a
peace officer authorized to execute arrest warrants.
(3) A bail agent may authorize a bail recovery agent to execute
an arrest warrant issued under ORS 135.280 (2) or (3). + }
SECTION 7. { + (1) Before executing an arrest warrant issued
under ORS 135.280 (2) or (3), a bail agent shall notify the
county sheriff having jurisdiction over the intended arrest site
or, if the intended arrest site is within the jurisdiction of a
municipal police department, the municipal police department, and
the Oregon State Police that the bail agent intends to execute
the warrant.
(2) A bail agent, or a bail recovery agent authorized by the
bail agent under section 6 of this 2013 Act, may not enter a
dwelling to execute an arrest warrant issued under ORS 135.280
(2) or (3) without contemporaneous written consent by the person
lawfully in possession of the dwelling to enter the dwelling and
arrest the person subject to the arrest warrant.
(3) A bail agent, or a bail recovery agent authorized by the
bail agent under section 6 of this 2013 Act, shall notify in
advance the jail where the bail agent or bail recovery agent
intends to deliver the person arrested pursuant to an arrest
warrant issued under ORS 135.280 (2) or (3).
(4) As used in this section, 'dwelling' has the meaning given
that term in ORS 164.205. + }
SECTION 8. { + (1) If a defendant released on security release
as provided in ORS 135.265 (2) 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, mail or other means
reasonably calculated to provide notice of the order of
forfeiture to the defendant and, if applicable, the sureties. 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 a political
subdivision of the state, as applicable, against the defendant
and, if applicable, the sureties for the entire security amount
set under ORS 135.265 (2) 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 that
the court ordered to be applied to child support under subsection
(2) 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 (2) is
available for a reasonable period of time for disposition under
subsection (2) of this section.
(2) 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 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 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 (2); and
(c) Does not reduce the money award in the judgment entered
under subsection (1) of this section that is owed to the state.
(3) This section does not apply to a deposit made or bail bond
posted under ORS 135.265 (3). + }
SECTION 9. { + (1)(a) If a defendant released on a bail bond
under ORS 135.265 (3) does not comply with the conditions of the
release agreement relating to court appearances, the court having
jurisdiction shall enter an order declaring the entire security
amount to be forfeited.
(b) Within 30 days after the defendant's nonappearance, notice
of the order of forfeiture entered under this subsection shall be
given to the bail agent and surety insurer that posted the bail
bond on which the defendant was released, by personal service,
mail or other means reasonably calculated to provide notice of
the order of forfeiture to the bail agent and surety insurer.
(2) The court shall set aside an order of forfeiture entered
pursuant to subsection (1) of this section and discharge the
surety insurer of further obligation under the bail bond if:
(a) Within 60 days after entry of the order of forfeiture:
(A) The defendant appears in court on the underlying charge;
(B) The defendant is arrested and held by law enforcement in
this state or another state on the bench warrant issued under ORS
135.280 (2) or (3) in connection with the defendant's
nonappearance;
(C) The defendant is surrendered into the custody of law
enforcement in the county in which the underlying charge is
pending;
(D) The defendant dies; or
(E) The defendant is deported by the United States; or
(b) Within the time set forth in subsection (1)(b) of this
section, the clerk of the court fails to provide notice of the
order of forfeiture to the bail agent and surety insurer.
(3) If, within 60 days after entry of an order of forfeiture,
the court does not set aside the forfeiture and there is no
motion pending requesting that the forfeiture be set aside, the
court shall enter judgment upon the bail bond against the surety
insurer.
(4) If the court sets aside an order of forfeiture under
subsection (2)(a)(A) of this section, the court may, with the
consent of the surety insurer that posted the bail bond on which
the defendant was released, reinstate the bail bond and release
the defendant. + }
SECTION 10. { + (1)(a) When judgment is entered in favor of
the state or a political subdivision of the state on any security
given for a release under ORS 135.265, 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.
(b) The proceeds of any execution or collection shall be used
to satisfy the judgment and costs and:
(A) If the offense was defined by an ordinance of a political
subdivision of this state, paid into the treasury of the
municipal corporation in which the security was taken;
(B) If the offense was defined by a statute of this state and
the judgment was entered by a justice court, paid into the
treasury of the county in which the security was taken; or
(C) If the offense was defined by a statute of this state and
the judgment was entered by a circuit court, paid over as
directed by the State Court Administrator for deposit in the
Criminal Fine Account created under ORS 137.300.
(2) When a judgment of forfeiture is entered under section 8 of
this 2013 Act, the deposit or security amount 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 section
8 (2) of this 2013 Act, 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 of the
state entitled to receive the proceeds of execution under this
section.
(3)(a) Stocks, bonds, personal property and real property
deposited under ORS 135.265 (3)(a)(A) and subject to forfeiture
under section 8 of this 2013 Act shall be sold in the same manner
as in execution sales in civil actions and the proceeds of the
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:
(A) If the offense was defined by an ordinance of a political
subdivision of this state, paid into the treasury of the
municipal corporation in which the security was taken;
(B) If the offense was defined by a statute of this state and
the judgment was entered by a justice court, paid into the
treasury of the county in which the security was taken; or
(C) If the offense was defined by a statute of this state and
the judgment was entered by a circuit court, deposited in the
General Fund available for general governmental expenses.
(b) The balance of the proceeds of a sale conducted under this
subsection shall be returned to the owner.
(c) Real property sold under this subsection may be redeemed in
the same manner as after judicial or execution sales in civil
actions.
(4)(a) If the judgment entered under subsection (1) of this
section is on a bail bond, the clerk shall mail notice of the
judgment to the bail agent and the surety insurer that posted the
bail bond.
(b) Amounts received from a judgment of forfeiture on a bail
bond shall be deposited in the Judicial Department Operating
Account established under ORS 1.009.
(5) If the bail agent or the surety insurer does not make full
payment on the judgment within 30 days after mailing of the
notice required under subsection (4) of this section, the court
shall:
(a) Issue an order directing that further bail bonds may not be
accepted from the bail agent or the surety insurer within the
jurisdiction of the court until the judgment is paid in full; and
(b) Notify the Department of Consumer and Business Services
that the bail agent and the surety insurer have not made full
payment on the judgment.
(6) This section does not apply to presumptive fine amounts
deposited upon appearance under ORS 153.061. + }
SECTION 11. ORS 133.450 is amended to read:
133.450. (1) If the defendant is arrested in the county in
which the warrant issued, the defendant shall be taken before the
magistrate who issued the warrant, or, if the magistrate is
absent or unable to act, before the nearest or most accessible
magistrate in the same county; but if the defendant is arrested
in another county and the crime charged in the warrant is a
misdemeanor, the officer shall, upon being required by the
defendant, take the defendant before a magistrate of that county,
who shall make a release decision as provided in ORS 135.230 to
135.290. The officer shall at the same time deliver to the
magistrate the warrant with the return of the officer indorsed
and subscribed by the officer.
(2) After making the release decision, the magistrate shall
certify that fact on the warrant and return the warrant and
release agreement { + , + } { - or - } security release
{ + or terms of bail + } to the officer having charge of the
defendant. The officer shall then discharge the defendant from
arrest and without delay deliver the warrant and release
agreement { + , + } { - or - } security release { + or terms
of bail + } to the clerk of the court in the other county at
which the defendant is required to appear.
(3) If the defendant is to be released and does not agree to
the release agreement, or a security deposit is not forthwith
given { + or bail is not forthwith posted + }, the officer shall
take the defendant before the magistrate who issued the warrant
or some other magistrate in that county, as provided in this
section, together with the warrant.
SECTION 12. ORS 135.060 is amended to read:
135.060. (1) When the defendant is arraigned, the defendant
shall be informed that:
(a) If the name by which the defendant is charged in the
accusatory instrument is not the true name of the defendant the
defendant must then declare the true name; and
(b) If the defendant does not declare the true name as required
by paragraph (a) of this subsection, the defendant is ineligible
for any form of release other than a security release { + or
bail + } under ORS 135.265.
(2) The defendant or the attorney for the defendant may
acknowledge the true name of the defendant at arraignment and the
acknowledgment may not be used against the defendant at trial on
the underlying charge or any other criminal charge or fugitive
complaint except that:
(a) The use of different names can be used in determining the
defendant's release status if the defendant has used different
names in different proceedings; and
(b) A defendant who intentionally falsifies the defendant's
name under this section or ORS 135.065 while under oath or
affirmation is subject to prosecution under ORS 162.065.
(3) As used in this section and ORS 135.065, 'true name '
means:
(a) The name on the defendant's birth certificate;
(b) The defendant's birth name; or
(c) If the defendant's name has been changed by court order or
by operation of law, the name as changed by court order or
operation of law.
SECTION 13. ORS 135.067 is amended to read:
135.067. If a defendant, on or after August 12, 2003, fails to
provide the defendant's true name under ORS 135.060 or 135.065
and is on personal recognizance, conditional release { + , + }
{ - or - } security release { + or bail + } having deposited
less than the full security amount set by the magistrate, the
magistrate who released the defendant, upon a motion filed by the
district attorney and supported by probable cause, shall cause
the defendant to be brought before the magistrate. The magistrate
shall conduct a hearing to establish release according to ORS
135.245.
SECTION 14. 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 { + or posts bail + } 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 { + or bail bond + } 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 { + , or post the bail, + }
specified in the warrant.
(5) The sheriff shall return the warrant and the security
deposit { + or bail bond + }, 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 - } { + issue another
warrant and, or as an alternative + }:
{ - (a) Issue another warrant. - }
{ - (b) - } { + (a) + } Proceed against the security
deposited upon the arrest { + ; or
(b) Order forfeiture of the bail under section 9 of this 2013
Act + }.
(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.
SECTION 15. ORS 40.015 is amended to read:
40.015. (1) The Oregon Evidence Code applies to all courts in
this state except for:
(a) A hearing or mediation before a magistrate of the Oregon
Tax Court as provided by ORS 305.501;
(b) The small claims department of a circuit court as provided
by ORS 46.415; and
(c) The small claims department of a justice court as provided
by ORS 55.080.
(2) The Oregon Evidence Code applies generally to civil
actions, suits and proceedings, criminal actions and proceedings
and to contempt proceedings except those in which the court may
act summarily.
(3) ORS 40.225 to 40.295 relating to privileges apply at all
stages of all actions, suits and proceedings.
(4) ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply in
the following situations:
(a) The determination of questions of fact preliminary to
admissibility of evidence when the issue is to be determined by
the court under ORS 40.030.
(b) Proceedings before grand juries, except as required by ORS
132.320.
(c) Proceedings for extradition, except as required by ORS
133.743 to 133.857.
(d) Sentencing proceedings, except proceedings under ORS
138.012 and 163.150, as required by ORS 137.090 or proceedings
under ORS 136.765 to 136.785.
(e) Proceedings to revoke probation, except as required by ORS
137.090.
(f) Issuance of warrants of arrest, bench warrants or search
warrants.
(g) Proceedings under ORS chapter 135 relating to conditional
release, security release, { + bail, + } release on personal
recognizance, or preliminary hearings, subject to ORS 135.173.
(h) Proceedings to determine proper disposition of a child in
accordance with ORS 419B.325 (2) and 419C.400 (4).
(i) Proceedings under ORS 813.210, 813.215, 813.220, 813.230,
813.250 and 813.255 to determine whether a driving while under
the influence of intoxicants diversion agreement should be
allowed or terminated.
(j) Proceedings under ORS 147.530 relating to victims' rights,
except for the provisions of ORS 40.105 and 40.115.
SECTION 16. ORS 51.120 is amended to read:
51.120. (1) The docket of a justice of the peace is a record in
which the justice of the peace must enter:
(a) The title of every action or proceeding commenced in the
court of the justice of the peace or before the justice of the
peace, with the names of the parties thereto and the time of the
commencement thereof.
(b) The date of making or filing any pleading.
(c) An order allowing a provisional remedy, and the date of
issuing and returning the summons or other process.
(d) The time when the parties or either of them appears, or
their failure to do so.
(e) Every postponement of a trial or proceeding, and upon whose
application, and to what time.
(f) The demand for a jury, if any, and by whom made; the order
for a jury, and the time appointed for trial.
(g) The return of an order for a jury, the names of the persons
impaneled and sworn as a jury, and the names of all witnesses
sworn, and at whose request.
(h) The verdict of the jury, and when given; and if the jury
disagree and are discharged without giving a verdict, a statement
of such disagreement and discharge.
(i) The judgment of the court, and when given.
(j) The date on which any judgment is docketed in the docket.
(k) The fact of an appeal having been made and allowed, and the
date thereof, with a memorandum of the undertaking, and the
justification of the sureties.
(L) Satisfaction of the judgment or any part thereof.
(m) A memorandum of all orders relating to security release
{ + or bail + }.
(n) All other matters which may be material or specially
required by any statute.
(2) The docket of a justice court may be maintained in
electronic form.
SECTION 17. ORS 131.405 is amended to read:
131.405. (1) When the court has ordered a change of place of
trial, if the defendant has been released on security release,
{ + bail, + } conditional release or recognizance, the
defendant must, without further notice, appear at the time and
place appointed for trial and not depart therefrom without
permission of the court.
(2) A security deposit { + or bail bond + } is sufficient
therefor in all respects as if the action had proceeded to final
determination in the court where it was commenced.
SECTION 18. ORS 131.890 is amended to read:
131.890. (1) Any person providing information leading to the
apprehension of a person for whom a reward has been offered under
ORS 131.885 is entitled to and shall be paid the reward offered
under ORS 131.885 or a proportionate share thereof if more than
one claimant is entitled.
(2) No public money may be used to pay a reward to a bounty
hunter under this section. As used in this subsection, 'bounty
hunter' means a private person who is in the business of
apprehending persons who have forfeited security or broken the
terms of a security release { + or bail + }, fled from justice
or escaped from confinement.
SECTION 19. ORS 133.753 is amended to read:
133.753. No demand for the extradition of a person charged with
crime in another state shall be recognized by the Governor unless
in writing and accompanied by a copy of an indictment found or by
an information supported by affidavit in the state having
jurisdiction of the crime, or by a copy of an affidavit made
before a magistrate there, together with a copy of any warrant
which was issued thereupon; or by a copy of a judgment of
conviction or of a sentence imposed in execution thereof,
together with a statement by the executive authority of the
demanding state that the person claimed has escaped from
confinement or has broken the terms of security release,
{ + bail, + } probation or parole. The indictment, information,
or affidavit made before the magistrate must substantially charge
the person demanded with having committed a crime under the law
of that state; and the copy of indictment, information,
affidavit, judgment of conviction or sentence must be
authenticated by the executive authority making the demand.
SECTION 20. ORS 133.803 is amended to read:
133.803. Whenever any person within this state shall be charged
on the oath of any credible person before any judge or other
magistrate of this state with the commission of a crime in any
other state and, except in cases arising under ORS 133.767, with
having fled from justice, or with having been convicted of a
crime in that state and having escaped from confinement, or
having broken the terms of security release, { + bail, + }
probation or parole, or whenever complaint shall have been made
before any judge or other magistrate in this state setting forth
on the affidavit of any creditable person in another state that a
crime has been committed in such other state and that the accused
has been charged in such state with the commission of the crime,
and, except in cases arising under ORS 133.767, has fled
therefrom or has been convicted of a crime in that state and
escaped from confinement, or has broken the terms of security
release, { + bail, + } probation or parole, and is believed to
be in this state, the judge or magistrate shall issue a warrant
directed to any peace officer commanding the peace officer to
apprehend the person named therein, wherever the person may be
found in this state, and bring the person before the same or any
other judge, court or magistrate who may be convenient of access
to the place where the arrest may be made, to answer the charge
or complaint and affidavit, and a certified copy of the sworn
charge or complaint and affidavit upon which the warrant is
issued shall be attached to the warrant.
SECTION 21. ORS 133.827 is amended to read:
133.827. Whenever the Governor of this state shall demand a
person charged with crime or with escaping from confinement or
breaking the terms of security release, { + bail, + } probation
or parole in this state from the chief executive of any other
state, or from the Chief Justice or an Associate Justice of the
Supreme Court of the District of Columbia authorized to receive
such demand under the laws of the United States, the Governor
shall issue a warrant under the seal of this state to some agent
or agents, commanding the agent to receive the person so charged
if delivered to the agent and convey the person to the proper
officer of the county in this state in which the offense was
committed.
SECTION 22. ORS 133.843 is amended to read:
133.843. (1) Any person arrested in this state charged with
having committed any crime in another state or alleged to have
escaped from confinement, or broken the terms of security
release, { + bail, + } probation or parole may waive the
issuance and service of the warrant provided for in ORS 133.773
and 133.777 and all other procedure incidental to extradition
proceedings, by executing or subscribing in the presence of a
judge of any court of record within this state a writing which
states that the person consents to return to the demanding state;
provided, however, that before such waiver shall be executed or
subscribed by such person it shall be the duty of such judge to
inform such person of rights to the issuance and service of a
warrant of extradition and to apply for a writ of habeas corpus
as provided for in ORS 133.787.
(2)(a) If and when such consent has been duly executed it shall
forthwith be forwarded to the office of the Governor of this
state and filed therein. The judge shall direct the officer
having such person in custody to deliver forthwith such person to
the duly accredited agent or agents of the demanding state, and
shall deliver or cause to be delivered to such agent or agents a
copy of such consent.
(b) Nothing in this section shall be deemed to limit the right
of the accused person to submit voluntarily to the custody of
such agent or agents for return without formality to the
demanding state.
(c) The waiver procedure described in this section is not an
exclusive procedure, nor does it limit the powers, rights or
duties of the officers of the demanding state or of this state.
(3) Notwithstanding subsection (1) of this section, a law
enforcement or corrections agency in this state holding a person
who is alleged to have broken the terms of the person's security
release, { + bail, + } probation, parole or any other release in
the demanding state may deliver the person to the duly accredited
agent of the demanding state without the requirement of a warrant
if:
(a) The person has signed a prior waiver of extradition as a
term of the person's current security release, { + bail, + }
probation, parole or other release in the demanding state; and
(b) The law enforcement or corrections agency holding the
person has received an authenticated copy of the prior waiver of
extradition signed by the person and photographs, fingerprints or
other evidence properly identifying the person as the person who
signed the waiver.
SECTION 23. ORS 138.250 is amended to read:
138.250. When a new trial is ordered, it shall be directed to
be had in the court below; and if a judgment against a defendant
is reversed without ordering a new trial, the appellate court
shall direct, if the defendant is in custody, that the defendant
be discharged therefrom, or if the defendant has been released,
that the release agreement be exonerated, or if a security
release has been entered into { + or the defendant has posted
bail + }, that the security { + or bail + } be refunded to the
defendant or the sureties { + or bail agents + } of the
defendant.
SECTION 24. ORS 138.650 is amended to read:
138.650. (1) Either the petitioner or the defendant may appeal
to the Court of Appeals within 30 days after the entry of a
judgment on a petition pursuant to ORS 138.510 to 138.680. The
manner of taking the appeal and the scope of review by the Court
of Appeals and the Supreme Court shall be the same as that
provided by law for appeals in criminal actions, except that:
(a) The trial court may provide that the transcript contain
only such evidence as may be material to the decision of the
appeal; and
(b) With respect to ORS 138.081 (1), if petitioner appeals,
petitioner shall cause the notice of appeal to be served on the
attorney for defendant, and, if defendant appeals, defendant
shall cause the notice of appeal to be served on the attorney for
petitioner or, if petitioner has no attorney of record, on
petitioner.
(2)(a) Upon motion of the petitioner, the Court of Appeals
shall grant the petitioner leave to file a notice of appeal after
the time limit described in subsection (1) of this section if:
(A) The petitioner, by clear and convincing evidence, shows
that the failure to file a timely notice of appeal is not
attributable to the petitioner personally; and
(B) The petitioner shows a colorable claim of error in the
proceeding from which the appeal is taken.
(b) The request for leave to file a notice of appeal after the
time limit described in subsection (1) of this section shall be
filed no later than 90 days after entry of the judgment from
which the petitioner seeks to appeal and shall be accompanied by
the notice of appeal sought to be filed. A request for leave
under this subsection may be filed by mail. The date of filing
shall be the date of mailing if the request is mailed as provided
in ORS 19.260.
(c) The Court of Appeals may not grant relief under this
subsection unless the defendant has received notice of and an
opportunity to respond to the petitioner's request for relief.
(3) An appeal under this section taken by the defendant stays
the effect of the judgment. If the petitioner is incarcerated,
the trial court may stay the petitioner's sentence pending the
defendant's appeal and order conditional release { + , + }
{ - or - } security release { + or bail + }, in accordance
with ORS 135.230 to 135.290, only if:
(a) The post-conviction court's judgment vacates the judgment
of conviction or reduces the sentence or sentences imposed upon
conviction;
(b) The petitioner has completed any other sentence of
incarceration to which the petitioner is subject; and
(c) The petitioner otherwise would be entitled to immediate
release from incarceration under the court's judgment.
SECTION 25. ORS 157.050 is amended to read:
157.050. An allowance of an appeal does not stay the
proceedings on the judgment unless the defendant:
(1) Makes a release agreement or a security release deposit
{ + or posts bail + } as provided in ORS 135.230 to 135.290; or
(2) Gives the security required by ORS 810.300 to 810.330 as an
undertaking on appeal.
SECTION 26. ORS 162.195 is amended to read:
162.195. (1) A person commits the crime of failure to appear in
the second degree if the person knowingly fails to appear as
required after:
(a) Having by court order been released from custody or a
correctional facility under a release agreement { + , + }
{ - or - } security release { + or bail + } upon the condition
that the person will subsequently appear personally in connection
with a charge against the person of having committed a
misdemeanor; or
(b) Having been released from a correctional facility subject
to a forced release agreement under ORS 169.046 in connection
with a charge against the person of having committed a
misdemeanor.
(2) Failure to appear in the second degree is a Class A
misdemeanor.
SECTION 27. ORS 162.205 is amended to read:
162.205. (1) A person commits the crime of failure to appear in
the first degree if the person knowingly fails to appear as
required after:
(a) Having by court order been released from custody or a
correctional facility under a release agreement { + , + }
{ - or - } security release { + or bail + } upon the condition
that the person will subsequently appear personally in connection
with a charge against the person of having committed a felony; or
(b) Having been released from a correctional facility subject
to a forced release agreement under ORS 169.046 in connection
with a charge against the person of having committed a felony.
(2) Failure to appear in the first degree is a Class C felony.
SECTION 28. ORS 169.340 is amended to read:
169.340. (1) A sheriff who suffers the escape of a prisoner,
arrested or in a local correctional facility, without the consent
or connivance of the party on whose behalf the arrest or
imprisonment was made, is liable to an action by such party, as
follows:
(a) When the arrest is upon an order of arrest in a civil
action, suit or proceeding; when the presence of the defendant at
the return of the summons is necessary to enable the plaintiff to
proceed therein, and the defendant does not appear at the time
and place specified in the summons.
(b) When the arrest or imprisonment is upon an order of arrest
in any other civil action, suit or proceeding, or upon a
surrender in exoneration of the sheriff { + , + } { - or - }
security release { + or bail + }, and the defendant is not found
upon an execution against the person of the defendant issued to
the proper county on a judgment in such action, suit { - , - }
or proceeding.
(c) When the arrest is on an execution or commitment to enforce
the payment of money, and the party interested is not recaptured
or surrendered into custody at the expiration of the time limited
for the service thereof, or legally discharged therefrom.
(d) When a person is imprisoned on an execution or commitment
to enforce the payment of money, and the person escapes after the
time limited for the service, and is not recaptured or
surrendered before an action is commenced for the escape.
(2) The measure of damages in an action brought under
subsection (1) of this section { - , - } is as follows:
(a) For the escape mentioned in subsection (1)(a) of this
section, the actual damages sustained.
(b) In any other case, the amount expressed in the execution or
commitment.
SECTION 29. ORS 221.352 is amended to read:
221.352. (1) A municipal court of this state that registers
under ORS 221.344 must maintain a docket. A municipal judge must
enter the following information in the docket for the municipal
court:
(a) The title of every action or proceeding commenced in the
court, with the names of the parties thereto and the time of
commencement thereof.
(b) The date of making or filing any pleading.
(c) An order allowing a provisional remedy, and the date of
issuing and returning the summons or other process.
(d) The time when each party appears, or a party's failure to
do so.
(e) Every postponement of a trial or proceeding, upon whose
application and to what time.
(f) The demand for a jury, if any, and by whom made.
(g) The order for a jury and the time appointed for trial.
(h) The return of an order for a jury, the names of the persons
impaneled and sworn as a jury and the names of all witnesses
sworn and at whose request.
(i) The verdict of the jury and when given or, if the jury
disagrees and is discharged without giving a verdict, a statement
of such disagreement and discharge.
(j) The judgment of the court and when given.
(k) The date on which any judgment is docketed in the docket.
(L) The fact of an appeal having been made and allowed, and the
date thereof, with a memorandum of the undertaking, and the
justification of the sureties.
(m) Satisfaction of the judgment or any part thereof.
(n) A memorandum of all orders relating to security release
{ + or bail + }.
(o) All other matters that may be material or specially
required by any statute.
(2) The docket of a municipal court under this section may be
maintained in electronic form.
SECTION 30. ORS 802.530 is amended to read:
802.530. The Department of Transportation is authorized to
enter into bilateral or multilateral reciprocal agreements with
other jurisdictions to provide mutual assistance in the
disposition of traffic offenses committed by residents of one
jurisdiction while in another jurisdiction. Agreements authorized
by this section are subject to the following:
(1) An agreement may provide for the sharing of information
between and among jurisdictions concerning driving records,
vehicle registration records and records concerning the granting,
denial, revocation or suspension of driving privileges.
(2) An agreement may provide that a jurisdiction will suspend
the driving privileges of a resident of the jurisdiction if the
resident does not comply with the requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction.
(3) An agreement may provide that a jurisdiction will refuse to
issue or renew a driver license or permit or to issue a duplicate
or replacement license or permit for a resident of the
jurisdiction if the resident does not comply with the
requirements and responsibilities created by citation for or
conviction of a traffic offense in another jurisdiction.
(4) An agreement may be limited to certain traffic offenses.
(5) An agreement may provide for the establishment of fees for
and collection of fees from persons cited for traffic offenses or
convicted of traffic offenses who are subject to the terms of the
agreement. Any agency of this state that participates in a
program established by an agreement authorized by this section is
granted authority to establish fees for and collect fees from
persons subject to an agreement. Fees established for purposes of
this subsection must be established by rule. No fee established
for purposes of this subsection may exceed an amount necessary to
recover the actual cost incurred by participation in the program
established by the agreement.
(6) An agreement may provide that residents of one jurisdiction
who are issued citations for traffic offenses in another
jurisdiction will be released on recognizance without requirement
of security deposit or bail. Nothing in this subsection
authorizes an agreement that prohibits a court from releasing
{ + a person charged with a traffic crime + } on security
release { - , as defined in ORS 135.230, a person charged with a
traffic crime - } { + or bail pursuant to ORS 135.230 to
135.290 + }.
(7) An agreement may provide that one jurisdiction will act as
agent for another jurisdiction in the disposition of traffic
offenses committed in the other jurisdiction. No provision
described under this subsection may be established that requires
the participation of courts of this state unless the Oregon
Supreme Court establishes rules under ORS 1.002 to provide
procedures for court participation.
(8) No agreement may be established under this section to
provide for assistance in dealing with:
(a) Offenses other than traffic offenses.
(b) Parking offenses.
(c) Bicycle offenses.
(d) Pedestrian offenses.
(9) Any agreement established under this section must provide
that this state may withdraw from the agreement upon notice of
not more than 90 days.
(10) An agreement may include any other provision that the
department determines will assist in the disposition of traffic
offenses committed by residents of one jurisdiction while in
another jurisdiction or will increase the convenience for
residents of this state in complying with requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction.
(11) The department may adopt rules necessary to implement any
agreement established under this section.
(12) The department must submit a report on any agreement
proposed under this section to the presiding officers of each
house of the Oregon Legislative Assembly at least 30 days before
the agreement may take effect. An agreement described under this
section cannot take effect in this state unless the department
complies with this subsection.
SECTION 31. ORS 731.186 is amended to read:
731.186. 'Surety insurance' means { + :
(1) + } Insurance guaranteeing the fidelity of persons holding
places of trust, the performance of duties, contracts, bonds and
undertakings, including the signing thereof as surety { - ,
and - } { + ;
(2) + } Insuring the performance of obligations of employers
under workers' compensation laws by surety bond { + ; or
(3) The underwriting of a bail bond as defined in ORS
135.230 + }.
SECTION 32. ORS 744.052 is amended to read:
744.052. As used in ORS 744.052 to 744.089:
{ + (1) 'Bail agent' has the meaning given that term in ORS
135.230.
(2) 'Bail bond' or 'surety bail bond' means a written
instrument posted by a bail agent and underwritten by a surety
insurer that serves as security for the pretrial release of a
defendant and that obligates the surety insurer to pay the
security amount set by the court at the time of the defendant's
release.
(3) 'Bail recovery agent' has the meaning given that term in
ORS 135.230. + }
{ - (1) - } { + (4) + } 'Business entity' has the meaning
given that term in ORS 731.116.
{ - (2) - } { + (5) + } 'Home state' means any state,
district or territory of the United States, in which an insurance
producer maintains the insurance producer's principal place of
residence or principal place of business and is licensed to act
as an insurance producer.
{ - (3) - } { + (6) + } 'Limited class credit insurance'
includes but is not limited to credit life, credit disability,
credit property, credit unemployment, involuntary unemployment,
mortgage life, mortgage guaranty, mortgage disability, and
guaranteed automobile protection insurance, and any other form of
insurance offered in connection with an extension of credit that
is limited to partially or wholly extinguishing the credit
obligation that the Director of the Department of Consumer and
Business Services determines should be designated a form of
limited class credit insurance.
{ - (4) - } { + (7) + } 'Limited class credit insurance
producer' means a person required to be licensed to sell, solicit
or negotiate one or more forms of limited class credit insurance
coverage to individuals through a master, corporate, group or
individual policy.
{ - (5) - } { + (8) + } 'Limited class insurance' includes
but is not limited to credit, mortgage, automobile dealer
guaranteed automobile protection { + , surety bail bonds + } and
any other form of insurance designated by the director as a form
of limited class insurance.
{ - (6) - } { + (9) + } 'Limited class insurance producer'
means a person required to be licensed to sell, solicit or
negotiate one or more forms of limited class insurance coverage
to individuals through a master, corporate, group or individual
policy.
{ - (7) - } { + (10) + } 'Negotiate,' 'sell' and 'solicit'
have the meanings given those terms in ORS 731.104.
{ - (8) - } { + (11) + } 'Terminate' means to cancel the
relationship between an insurance producer and the insurer or to
revoke an insurance producer's authority to sell, solicit or
negotiate insurance.
{ - (9) - } { + (12) + } 'Uniform Application' means the
current version of the Uniform Application for resident and
nonresident insurance producer licensing, produced by the
National Association of Insurance Commissioners.
{ - (10) - } { + (13) + } 'Uniform Business Entity
Application' means the current version of the Uniform Business
Entity Application for resident and nonresident business
entities, produced by the National Association of Insurance
Commissioners.
SECTION 33. { + Sections 34 to 40 of this 2013 Act are added
to and made a part of ORS 744.052 to 744.089. + }
SECTION 34. { + The Department of Consumer and Business
Services shall issue a limited class license as a bail agent to
an individual who:
(1) Complies with the training requirements under sections 36
and 37 of this 2013 Act;
(2) Completes the insurance producer licensing requirements
under ORS 744.052 to 744.089;
(3) Shows that the individual has no conflict of interest in
acting as a bail agent;
(4) Submits the applicable fees established by rule by the
Director of the Department of Consumer and Business Services; and
(5) Files the bond or makes the deposit required under section
38 of this 2013 Act. + }
SECTION 35. { + (1) An application for a license issued under
section 34 of this 2013 Act must be filed with the Department of
Consumer and Business Services in the manner specified by the
department. The department may require any information and
documentation that reasonably relates to the applicant's fitness
to hold a license.
(2) The department may request a criminal records check under
ORS 181.534 of an applicant for issuance or renewal of a limited
class license as a bail agent. + }
SECTION 36. { + (1) An individual may not sell, solicit or
negotiate bail bonds unless the individual is licensed as a bail
agent under section 34 of this 2013 Act and completes:
(a) A one-time training course of not less than eight hours
before the individual first sells, solicits or negotiates any
bail bonds; and
(b) Ongoing training of not less than 16 hours in each 24-month
period following completion of the course described in paragraph
(a) of this subsection.
(2) The training required under this section:
(a) Must consist of topics related to bail bonds, the criminal
justice system and bail bonds programs of this state.
(b) May not include training that is specific to an insurer or
company product or that includes any sales or marketing
information, materials or training, unless the training is
required under state or federal law.
(3) A surety insurer must:
(a) Obtain verification that a bail agent completes the
training required under subsection (1) of this section before the
bail agent sells, solicits or negotiates the surety insurer's
bail bond products.
(b) Maintain records subject to the record retention
requirements of this state.
(c) Make the verification obtained under paragraph (a) of this
subsection available to the Director of the Department of
Consumer and Business Services upon request. + }
SECTION 37. { + (1) The Department of Consumer and Business
Services may adopt rules necessary to implement the provisions of
ORS 744.052 to 744.089 pertaining to bail agents, including
training and testing requirements. Rules adopted pursuant to this
section:
(a) Must include not less than eight hours of classes before
licensure under section 34 of this 2013 Act.
(b) May include continuing education requirements.
(c) Must include a schedule of fees payable by bail agents.
(2) The fees adopted under this section must be sufficient to
cover the department's costs of licensing, investigating and
examining bail agents and applicants for bail agent licenses and
of enforcing the provisions of ORS 744.052 to 744.089 pertaining
to the bail agent regulatory program. + }
SECTION 38. { + (1) The Department of Consumer and Business
Services may not issue a license under section 34 of this 2013
Act unless the applicant:
(a) Files with the department a bond, executed by a surety
insurer authorized to do business in this state, in the sum of
$25,000 made payable to the State of Oregon and conditioned to
recover against the bail agent by reason of any violation of ORS
744.052 to 744.089; or
(b) Deposits $25,000 in a federally insured interest-bearing
account.
(2)(a) A person injured by a bail agent may bring an action on
the bond or account required under subsection (1) of this section
in any county in which jurisdiction over the bail agent may be
obtained.
(b) An action under this section may be brought no later than
two years after the person first knew or reasonably should have
known of the injury.
(c) If valid claims against the bond or account exceed the
amount of the bond or account, the claims of all persons shall be
paid pro rata.
(3) The Director of the Department of Consumer and Business
Services shall immediately suspend the license of a bail agent
who fails to maintain a bond or account pursuant to this
section. + }
SECTION 39. { + (1) In addition to the requirements to
maintain a trust account under ORS 744.083, a bail agent shall:
(a) Maintain a trust account in a federally insured trust
account.
(b) Within 10 business days after receipt of written notice
that a court has exonerated a bail bond, return to the person on
whose behalf bail was posted all collateral or security on the
bail bond, less any amount owed to the bail agent or surety
insurer.
(2) A bail agent shall maintain records of all collateral and
security received, all trust accounts required by ORS 744.083 and
all bail bond transactions handled by the bail agent, for five
years. The records are open to inspection without notice by the
Director of the Department of Consumer and Business Services or
an authorized representative of the director.
(3) A bail agent shall maintain records of contracts with bail
recovery agents for the apprehension of fugitive criminal
defendants for three years. + }
SECTION 40. { + (1) A bail agent shall notify the Director of
the Department of Consumer and Business Services within 30 days
after the death or termination of employment of any employee who
is a licensed bail agent.
(2) A bail agent shall notify the director within 72 hours upon
receipt of information affecting the bail agent's eligibility to
hold a license. + }
SECTION 41. { + Sections 42 and 43 of this 2013 Act are added
to and made a part of ORS chapter 746. + }
SECTION 42. { + (1) As used in this section:
(a) 'Bail agent' has the meaning given that term in ORS
135.230.
(b) 'Bail recovery agent' has the meaning given that term in
ORS 135.230.
(2) A bail agent or other person may not commit or perform any
of the following acts of unprofessional conduct, which are unfair
trade practices:
(a) Violating laws governing the conduct of bail agents or
rules adopted under section 37 of this 2013 Act.
(b) Using the services of a bail agent who is not licensed
under section 34 of this 2013 Act.
(c) Misrepresenting or knowingly making a material misstatement
or omission in an application for a license under section 35 of
this 2013 Act.
(d) Knowingly committing or being a party to any material
fraud, misrepresentation, concealment, conspiracy, collusion,
trick, scheme or device whereby another person reasonably relies
on the word, representation or conduct of the bail agent. This
paragraph does not prevent a bail recovery agent from using a
pretext to locate or apprehend, or to gain information regarding,
a fugitive criminal defendant.
(e) Assigning or transferring a license issued under section 34
of this 2013 Act.
(f) Converting money or a contract, deed, note, mortgage or
other evidence of title, to the bail agent's own use or to the
use of the bail agent's principal or another person, when
delivered in trust or on condition, in violation of the trust or
before the occurrence of the condition. Failing to return money
or a contract, deed, note, mortgage or other evidence of title
within 30 days after the owner is entitled to possession and
makes demand for possession is prima facie evidence of conversion
under this paragraph.
(g) Failing to keep records, maintain a trust account or return
collateral or security, as required by law.
(h) Any conduct in a bail bond transaction that demonstrates
bad faith, dishonesty or untrustworthiness.
(i) Violating an order to cease and desist that is issued by
the Director of the Department of Consumer and Business Services
under ORS 731.252.
(j) Wearing, displaying, holding or using badges not approved
by the Department of Consumer and Business Services.
(k) Making any statement that would reasonably cause another
person to believe that a bail recovery agent is a sworn peace
officer.
(L) Using within the State of Oregon the services of a person
who is not licensed as a bail recovery agent.
(m) Performing the functions of a bail recovery agent, unless
licensed as a bail recovery agent.
(n) Using a dog in the apprehension of a criminal defendant.
(o) Acting or being employed in any manner that presents a
conflict of interest in carrying out the person's duties as a
bail agent. + }
SECTION 43. { + (1) Any person may submit a written complaint
to the Department of Consumer and Business Services charging a
person or a bail agent or applicant for a limited class license
as a bail agent with unprofessional conduct as described in
section 42 of this 2013 Act. The complaint must specify the
grounds for the charge.
(2) If the Director of the Department of Consumer and Business
Services determines that the complaint merits investigation, or
if the director has reason to believe, without a formal
complaint, that a licensed bail agent or applicant for a license
has engaged in unprofessional conduct, the director shall
investigate to determine if there has been unprofessional
conduct.
(3) A person who files a complaint under this section in good
faith is immune from suit in any civil action related to the
filing or contents of the complaint. + }
SECTION 44. { + Section 45 of this 2013 Act is added to and
made a part of ORS chapter 744. + }
SECTION 45. { + (1) For the purpose of paying the expenses of
providing additional training pursuant to ORS 181.610 to 181.712
in the relationship between law enforcement and the bail
industry, every surety insurer engaged in underwriting bail bonds
shall pay a tax to the Director of the Department of Consumer and
Business Services, on or before April 1 of each year, equal to
one percent of the gross amount of premiums received by the
surety insurer or the surety insurer's bail agents from executing
or countersigning bail bonds in the preceding calendar year.
(2) If the director, during the period in which the director
may collect taxes owing under this section, finds the amount of
the taxes paid by a surety insurer to be incorrect, the director
shall charge or credit the surety insurer with the difference
between the correct amount of tax and the amount actually paid.
(3) The director must commence an action for the recovery of
taxes payable under this section not later than five years after
the date the taxes are payable to the director. + }
SECTION 46. 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) { + (a) Except as provided in paragraph (b) of this
subsection, + } all taxes 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.
{ + (b) All taxes paid pursuant to section 45 of this 2013
Act 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 Police Standards and Training
Account established under ORS 181.690 for the purpose described
in section 45 (1) of this 2013 Act. + }
(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 47. ORS 731.036 is amended to read:
731.036. Except as provided in ORS 743.061 or as specifically
provided by law, the Insurance Code does not apply to any of the
following to the extent of the subject matter of the exemption:
{ - (1) A bail bondsman, other than a corporate surety and
its agents. - }
{ - (2) - } { + (1) + } A fraternal benefit society that
has maintained lodges in this state and other states for 50 years
prior to January 1, 1961, and for which a certificate of
authority was not required on that date.
{ - (3) - } { + (2) + } A religious organization providing
insurance benefits only to its employees, if the organization is
in existence and exempt from taxation under section 501(c)(3) of
the federal Internal Revenue Code on September 13, 1975.
{ - (4) - } { + (3) + } Public bodies, as defined in ORS
30.260, that either individually or jointly establish a
self-insurance program for tort liability in accordance with ORS
30.282.
{ - (5) - } { + (4) + } Public bodies, as defined in ORS
30.260, that either individually or jointly establish a
self-insurance program for property damage in accordance with ORS
30.282.
{ - (6) - } { + (5) + } Cities, counties, school districts,
community college districts, community college service districts
or districts, as defined in ORS 198.010 and 198.180, that either
individually or jointly insure for health insurance coverage,
excluding disability insurance, their employees or retired
employees, or their dependents, or students engaged in school
activities, or combination of employees and dependents, with or
without employee or student contributions, if all of the
following conditions are met:
(a) The individual or jointly self-insured program meets the
following minimum requirements:
(A) In the case of a school district, community college
district or community college service district, the number of
covered employees and dependents and retired employees and
dependents aggregates at least 500 individuals;
(B) In the case of an individual public body program other than
a school district, community college district or community
college service district, the number of covered employees and
dependents and retired employees and dependents aggregates at
least 500 individuals; and
(C) In the case of a joint program of two or more public
bodies, the number of covered employees and dependents and
retired employees and dependents aggregates at least 1,000
individuals;
(b) The individual or jointly self-insured health insurance
program includes all coverages and benefits required of group
health insurance policies under ORS chapters 743 and 743A;
(c) The individual or jointly self-insured program must have
program documents that define program benefits and
administration;
(d) Enrollees must be provided copies of summary plan
descriptions including:
(A) Written general information about services provided, access
to services, charges and scheduling applicable to each enrollee's
coverage;
(B) The program's grievance and appeal process; and
(C) Other group health plan enrollee rights, disclosure or
written procedure requirements established under ORS chapters 743
and 743A;
(e) The financial administration of an individual or jointly
self-insured program must include the following requirements:
(A) Program contributions and reserves must be held in separate
accounts and used for the exclusive benefit of the program;
(B) The program must maintain adequate reserves. Reserves may
be invested in accordance with the provisions of ORS chapter 293.
Reserve adequacy must be calculated annually with proper
actuarial calculations including the following:
(i) Known claims, paid and outstanding;
(ii) A history of incurred but not reported claims;
(iii) Claims handling expenses;
(iv) Unearned contributions; and
(v) A claims trend factor; and
(C) The program must maintain adequate reinsurance against the
risk of economic loss in accordance with the provisions of ORS
742.065 unless the program has received written approval for an
alternative arrangement for protection against economic loss from
the Director of the Department of Consumer and Business Services;
(f) The individual or jointly self-insured program must have
sufficient personnel to service the employee benefit program or
must contract with a third party administrator licensed under ORS
chapter 744 as a third party administrator to provide such
services;
(g) The individual or jointly self-insured program shall be
subject to assessment in accordance with ORS 735.614 and former
enrollees shall be eligible for portability coverage in
accordance with ORS 735.616;
(h) The public body, or the program administrator in the case
of a joint insurance program of two or more public bodies, files
with the Director of the Department of Consumer and Business
Services copies of all documents creating and governing the
program, all forms used to communicate the coverage to
beneficiaries, the schedule of payments established to support
the program and, annually, a financial report showing the total
incurred cost of the program for the preceding year. A copy of
the annual audit required by ORS 297.425 may be used to satisfy
the financial report filing requirement; and
(i) Each public body in a joint insurance program is liable
only to its own employees and no others for benefits under the
program in the event, and to the extent, that no further funds,
including funds from insurance policies obtained by the pool, are
available in the joint insurance pool.
{ - (7) - } { + (6) + } All ambulance services.
{ - (8) - } { + (7) + } A person providing any of the
services described in this subsection. The exemption under this
subsection does not apply to an authorized insurer providing such
services under an insurance policy. This subsection applies to
the following services:
(a) Towing service.
(b) Emergency road service, which means adjustment, repair or
replacement of the equipment, tires or mechanical parts of a
motor vehicle in order to permit the motor vehicle to be operated
under its own power.
(c) Transportation and arrangements for the transportation of
human remains, including all necessary and appropriate
preparations for and actual transportation provided to return a
decedent's remains from the decedent's place of death to a
location designated by a person with valid legal authority under
ORS 97.130.
{ - (9)(a) - } { + (8)(a) + } A person described in this
subsection who, in an agreement to lease or to finance the
purchase of a motor vehicle, agrees to waive for no additional
charge the amount specified in paragraph (b) of this subsection
upon total loss of the motor vehicle because of physical damage,
theft or other occurrence, as specified in the agreement. The
exemption established in this subsection applies to the following
persons:
(A) The seller of the motor vehicle, if the sale is made
pursuant to a motor vehicle retail installment contract.
(B) The lessor of the motor vehicle.
(C) The lender who finances the purchase of the motor vehicle.
(D) The assignee of a person described in this paragraph.
(b) The amount waived pursuant to the agreement shall be the
difference, or portion thereof, between the amount received by
the seller, lessor, lender or assignee, as applicable, that
represents the actual cash value of the motor vehicle at the date
of loss, and the amount owed under the agreement.
{ - (10) - } { + (9) + } A self-insurance program for tort
liability or property damage that is established by two or more
affordable housing entities and that complies with the same
requirements that public bodies must meet under ORS 30.282 (6).
As used in this subsection:
(a) 'Affordable housing' means housing projects in which some
of the dwelling units may be purchased or rented, with or without
government assistance, on a basis that is affordable to
individuals of low income.
(b) 'Affordable housing entity' means any of the following:
(A) A housing authority created under the laws of this state or
another jurisdiction and any agency or instrumentality of a
housing authority, including but not limited to a legal entity
created to conduct a self-insurance program for housing
authorities that complies with ORS 30.282 (6).
(B) A nonprofit corporation that is engaged in providing
affordable housing.
(C) A partnership or limited liability company that is engaged
in providing affordable housing and that is affiliated with a
housing authority described in subparagraph (A) of this paragraph
or a nonprofit corporation described in subparagraph (B) of this
paragraph if the housing authority or nonprofit corporation:
(i) Has, or has the right to acquire, a financial or ownership
interest in the partnership or limited liability company;
(ii) Has the power to direct the management or policies of the
partnership or limited liability company;
(iii) Has entered into a contract to lease, manage or operate
the affordable housing owned by the partnership or limited
liability company; or
(iv) Has any other material relationship with the partnership
or limited liability company.
{ - (11) - } { + (10) + } A community-based health care
initiative approved by the Administrator of the Office for Oregon
Health Policy and Research under ORS 735.723 operating a
community-based health care improvement program approved by the
administrator.
{ - (12) - } { + (11) + } Except as provided in ORS 735.500
and 735.510, a person certified by the Department of Consumer and
Business Services to operate a retainer medical practice.
SECTION 48. ORS 744.062 is amended to read:
744.062. (1) Unless the Director of the Department of Consumer
and Business Services refuses to issue or renew a license
pursuant to ORS 744.074, a person who has met the requirements of
ORS 744.058 and 744.059, or ORS 744.063, shall be issued an
insurance producer license. An insurance producer may receive
qualification for a license in one or more of the following
classes of insurance:
(a) Life insurance as defined in ORS 731.170.
(b) Health insurance as defined in ORS 731.162.
(c) Property insurance as defined in ORS 731.182.
(d) Casualty insurance as defined in ORS 731.158.
(e) Variable life insurance, including variable annuities.
(f) Property and casualty insurance coverage sold to
individuals and families for primarily noncommercial purposes.
(g) Limited class credit insurance.
(h) Any form of insurance designated by the director as a form
of limited class insurance.
(i) Title insurance as defined in ORS 731.190. A license for
the class of title insurance may be issued only to a resident
insurance producer.
{ + (j) Surety bail bonds. A limited class license for a bail
agent may be issued only to a resident insurance producer. + }
{ - (j) - } { + (k) + } Any other class of insurance
permitted under the Insurance Code or rules adopted thereunder.
(2) For assistance in performance of the director's duties, the
director may participate with the National Association of
Insurance Commissioners, or any affiliate or subsidiary that the
National Association of Insurance Commissioners oversees, in a
centralized producer licensing registry in which insurance
producer licenses and appointments are centrally or
simultaneously effected for all states that require an insurance
producer license. The director may adopt by rule any uniform
standards and procedures as are necessary to participate in the
registry, including the centralized collection of fees for
licenses or appointments that are processed through the registry.
(3) An insurance producer may apply to amend a license for the
purpose of adding or deleting a class of insurance on the license
in the manner prescribed for license application in ORS 744.059
or 744.063, or as otherwise prescribed by the director.
SECTION 49. ORS 742.350 is amended to read:
742.350. (1) Whenever any bond, { + bail bond, + }
undertaking, recognizance { - , - } or other obligation is by
law or the charter, ordinance, rules or regulations of any
municipality, board, body, organization, court, judge or public
officer required or permitted to be made, given, tendered or
filed with surety or sureties, and whenever the performance of
any act, duty or obligation { - , - } or the refraining from
any act is required or permitted to be guaranteed, such bond,
{ + bail bond, + } undertaking, obligation, recognizance or
guaranty may be executed by an authorized surety insurer.
(2) The execution by such an insurer of any such obligation is
in all respects a full and complete compliance with every
requirement that it be executed by one surety, or by one or more
sureties, or that such sureties be residents or householders, or
freeholders, or either or both, or possess any other
qualification.
(3) A surety insurer may be required to justify as surety. It
shall be sufficient justification for such surety insurer when
examined as to its qualifications to exhibit the certificate of
authority issued to it by the Director of the Department of
Consumer and Business Services or a certified copy thereof.
SECTION 50. ORS 742.356 is amended to read:
742.356. (1) Any surety insurer may contract for and receive
and hold on deposit and in trust property of any kind as
collateral security on any { + bail bond, + } policy of guaranty
or suretyship executed by { - it. The - } { + the surety
insurer. The surety + } insurer may manage, realize on and
dispose of the property so received and held on deposit as may be
agreed to between { - it - } { + the surety insurer + } and
the person making the deposit.
(2) Any receiver, assignee, guardian, conservator, trustee,
executor, administrator or other fiduciary or party from whom a
policy of guaranty or suretyship is by law required or permitted
may agree and arrange with the surety insurer for the deposit for
safekeeping of any or all moneys, assets and other property for
which the person is or may be responsible in a bank, savings
bank, safe deposit or trust company authorized by law to do
business as such, in such manner as to prevent the withdrawal or
alienation of such money, assets or other property, or any part
thereof, without the written consent of the surety insurer or an
order of a court of competent jurisdiction or a judge thereof
made on such notice to the surety insurer as the court or judge
may direct.
(3) Generally, it shall be lawful for a surety insurer to enter
into any contract of indemnity or security with any person if
such contract is not otherwise prohibited by law or against
public policy.
SECTION 51. ORS 703.430 is amended to read:
703.430. (1) The Department of Public Safety Standards and
Training shall issue:
(a) A private investigator's license if the applicant has
satisfied the requirements of ORS 703.415 and 703.425 and is in
compliance with the rules of the Board on Public Safety Standards
and Training and the department.
(b) A provisional investigator's license if the applicant has
satisfied the requirements of ORS 703.415 (1) to (6) and 703.425
and is in compliance with the rules of the board and department.
A person who has a provisional investigator's license may not
employ or supervise other investigators.
{ + (2) A person may not act as a bail recovery agent in this
state unless the person is issued a private investigator's
license under this section with an endorsement as a bail recovery
agent issued under this subsection. The board shall adopt rules
establishing requirements, procedures and fees for issuing an
endorsement as a bail recovery agent and the scope and duration
of the endorsement. The requirements must include training and
continuing education in the lawful location and apprehension of
fugitive criminal defendants. + }
{ - (2) - } { + (3) + } The department may issue:
(a) A temporary investigator's license to a person licensed as
an investigator by another jurisdiction. The board shall adopt
rules to carry out this paragraph including, but not limited to,
rules establishing requirements, procedures and fees for issuing
a temporary investigator's license and the scope and duration of
the license.
(b) An interim investigator's license to a person who:
(A) Has applied for a private investigator's license or a
provisional investigator's license and whose application has not
been granted or denied;
(B) Works only for a private investigator licensed under this
section, an attorney or another employer who has requested that
the person be issued an interim investigator's license;
(C) Has never been convicted of, pleaded guilty or no contest
to or forfeited security for a crime; and
(D) Meets all requirements established by the board by rule
including, but not limited to, rules establishing requirements,
procedures and fees for issuing an interim investigator's license
and the scope and duration of the license.
{ + (4) A person may not be issued an endorsement as a bail
recovery agent while the person holds a temporary investigator's
license or an interim investigator's license. + }
{ - (3) - } { + (5) + } A license issued under subsection
(1) of this section expires two years following the date of
issuance or on the assigned renewal date.
SECTION 52. ORS 181.637 is amended to read:
181.637. (1) The Board on Public Safety Standards and Training
shall establish the following policy committees:
(a) Corrections Policy Committee;
(b) Fire Policy Committee;
(c) Police Policy Committee;
(d) Telecommunications Policy Committee; and
(e) Private Security Policy Committee.
(2) The members of each policy committee shall select a
chairperson and vice chairperson for the policy committee. Only
members of the policy committee who are also members of the board
are eligible to serve as a chairperson or vice chairperson. The
vice chairperson may act as chairperson in the absence of the
chairperson.
(3) The Corrections Policy Committee consists of:
(a) All of the board members who represent the corrections
discipline;
(b) The chief administrative officer of the training division
of the Department of Corrections;
(c) A security manager from the Department of Corrections
recommended by the Director of the Department of Corrections; and
(d) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon State
Sheriffs' Association;
(B) Two persons recommended by and representing the Oregon
Sheriff's Jail Command Council;
(C) One person recommended by and representing a statewide
association of community corrections directors;
(D) One nonmanagement corrections officer employed by the
Department of Corrections;
(E) One corrections officer who is a female, who is employed by
the Department of Corrections at a women's correctional facility
and who is a member of a bargaining unit; and
(F) Two nonmanagement corrections officers.
(4) The Fire Policy Committee consists of:
(a) All of the board members who represent the fire service
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing a statewide
association of fire instructors;
(B) One person recommended by and representing a statewide
association of fire marshals;
(C) One person recommended by and representing community
college fire programs;
(D) One nonmanagement firefighter recommended by a statewide
organization of firefighters; and
(E) One person representing the forest protection agencies and
recommended by the State Forestry Department.
(5) The Police Policy Committee consists of:
(a) All of the board members who represent the law enforcement
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon
Association Chiefs of Police;
(B) Two persons recommended by and representing the Oregon
State Sheriffs' Association;
(C) One command officer recommended by and representing the
Oregon State Police; and
(D) Three nonmanagement law enforcement officers.
(6) The Telecommunications Policy Committee consists of:
(a) All of the board members who represent the
telecommunications discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) Two persons recommended by and representing a statewide
association of public safety communications officers;
(B) One person recommended by and representing the Oregon
Association Chiefs of Police;
(C) One person recommended by and representing the Oregon State
Police;
(D) Two persons representing telecommunicators;
(E) One person recommended by and representing the Oregon State
Sheriffs' Association;
(F) One person recommended by and representing the Oregon Fire
Chiefs Association;
(G) One person recommended by and representing the Emergency
Medical Services and Trauma Systems Program of the Oregon Health
Authority; and
(H) One person representing emergency medical services
providers and recommended by a statewide association dealing with
fire medical issues.
(7) The Private Security Policy Committee consists of:
(a) All of the board members who represent the private security
industry; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person representing unarmed private security
professionals;
(B) One person representing armed private security
professionals;
{ + (C) One person representing the bail industry; + }
{ - (C) - } { + (D) + } One person representing the health
care industry;
{ - (D) - } { + (E) + } One person representing the
manufacturing industry;
{ - (E) - } { + (F) + } One person representing the retail
industry;
{ - (F) - } { + (G) + } One person representing the
hospitality industry;
{ - (G) - } { + (H) + } One person representing private
business or a governmental entity that utilizes private security
services;
{ - (H) - } { + (I) + } One person representing persons who
monitor alarm systems;
{ - (I) - } { + (J) + } Two persons who are investigators
licensed under ORS 703.430, one of whom is recommended by the
Oregon State Bar and one of whom is in private practice; and
{ - (J) - } { + (K) + } One person who represents the
public at large and who is not related within the second degree
by affinity or consanguinity to a person who is employed or doing
business as a private security professional or executive manager,
as defined in ORS 181.870, or as an investigator, as defined in
ORS 703.401.
(8) In making appointments to the policy committees under this
section, the chairperson of the board shall seek to reflect the
diversity of the state's population. An appointment made by the
chairperson of the board must be ratified by the board before the
appointment is effective. The chairperson of the board may remove
an appointed member for just cause. An appointment to a policy
committee that is based on the member's employment is
automatically revoked if the member changes employment. The
chairperson of the board shall fill a vacancy in the same manner
as making an initial appointment. The term of an appointed member
is two years. An appointed member may be appointed to a second
term.
(9) A policy committee may meet at such times and places as
determined by the policy committee in consultation with the
Department of Public Safety Standards and Training. A majority of
a policy committee constitutes a quorum to conduct business. A
policy committee may create subcommittees if needed.
(10)(a) Each policy committee shall develop policies,
requirements, standards and rules relating to its specific
discipline. A policy committee shall submit its policies,
requirements, standards and rules to the board for the board's
consideration. When a policy committee submits a policy,
requirement, standard or rule to the board for the board's
consideration, the board shall:
(A) Approve the policy, requirement, standard or rule;
(B) Disapprove the policy, requirement, standard or rule; or
(C) Defer a decision and return the matter to the policy
committee for revision or reconsideration.
(b) The board may defer a decision and return a matter
submitted by a policy committee under paragraph (a) of this
subsection only once. If a policy, requirement, standard or rule
that was returned to a policy committee is resubmitted to the
board, the board shall take all actions necessary to implement
the policy, requirement, standard or rule unless the board
disapproves the policy, requirement, standard or rule.
(c) Disapproval of a policy, requirement, standard or rule
under paragraph (a) or (b) of this subsection requires a
two-thirds vote by the members of the board.
(11) At any time after submitting a matter to the board, the
chairperson of the policy committee may withdraw the matter from
the board's consideration.
SECTION 53. ORS 18.048 is amended to read:
18.048. (1) Except as provided in this section, the judgment
document in a criminal action that contains a money award,
whether by reason of a fine, restitution, forfeiture of security
under
{ - ORS 135.280 - } { + section 8 of this 2013 Act + }, a
fee, an assessment, costs and disbursements or any other monetary
obligation, must contain a separate section clearly labeled at
its beginning as a money award. The separate section must be
placed immediately above the judge's or court administrator's
signature. If the judgment includes an award of restitution, the
label of the separate section must so indicate.
(2) The separate money award section described by subsection
(1) of this section must contain the following information:
(a) A listing of the specific amounts awarded as fines,
assessments, costs, restitution and any other monetary
obligations imposed in the sentence as part of the money award.
If the court is unable to determine the full amount of
restitution at the time of sentencing, the court may include the
amount that can be determined or may establish a maximum amount.
(b) If restitution or a compensatory fine is ordered, the name
and address of the person to whom the court should disburse
payments, unless the victim requests that this information be
exempt from disclosure in the public record.
(c) A statement that, subject to amendment of a judgment under
ORS 137.107, money required to be paid as a condition of
probation remains payable after revocation of probation only if
the amount is included in the money award portion of the judgment
document, even if the amount is referred to in other parts of the
judgment document.
(d) Unless immediate payment is required, the specific terms of
payment imposed or allowed by the court.
(e) If payment of all or part of a monetary obligation is
suspended, a statement specifying the nature and amount of the
suspended obligations.
(3) The requirements of this section and ORS 18.038 do not
apply to a judgment document if the action was commenced by the
issuance of a uniform citation adopted under ORS 1.525 and the
court has used the space on the citation for the entry of a
judgment. The exemption provided by this subsection does not
apply if any indictment, information or complaint other than a
uniform citation is filed in the action.
(4) If a judgment is for conviction of a violation as described
in ORS 153.008, the judgment creates a lien only if the court so
orders. If a judgment does not create a lien under this
subsection, the judgment document need not contain the separate
money award section described by subsection (1) of this section.
(5) A judgment in a criminal action that contains a money award
is a judgment in favor of the state and may be enforced only by
the state.
(6) A judgment in a criminal action that includes a money
award, but does not contain a separate section clearly labeled as
a money award, does not create a judgment lien but may be
enforced by any other judgment remedy.
SECTION 54. 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 deposit
that is forfeited under { - ORS 135.280 - } { + section 8 of
this 2013 Act + } 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 - } { + section 8 of
this 2013 Act + }; and
(d) The court has determined that such an order is appropriate.
SECTION 55. ORS 137.050 is amended to read:
137.050. (1) If the defendant has been released on a release
agreement or security deposit and does not appear for judgment
when personal attendance is required by the court, the court may
order a forfeiture of the security deposit as provided in
{ - ORS 135.280 - } { + section 8 of this 2013 Act + }. In
addition, if the defendant fails to appear as required by the
release agreement or security deposit, the court may direct the
clerk to issue a bench warrant for the defendant's arrest.
(2) At any time after the making of the order for the bench
warrant, the clerk, on the application of the district attorney,
shall issue such warrant, as by the order directed, whether the
court is sitting or not.
SECTION 56. { + Sections 5 to 10 and 33 to 45 of this 2013 Act
and the amendments to ORS 18.048, 25.715, 33.075, 40.015, 51.120,
131.405, 131.890, 133.450, 133.753, 133.803, 133.827, 133.843,
135.060, 135.067, 135.230, 135.245, 135.265, 135.280, 137.050,
138.250, 138.650, 157.050, 162.195, 162.205, 169.340, 181.637,
221.352, 703.430, 731.036, 731.186, 731.292, 742.350, 742.356,
744.052, 744.062 and 802.530 by sections 1 to 4, 11 to 32 and 46
to 55 of this 2013 Act become operative on January 1, 2015. + }
SECTION 57. { + (1) The Department of Consumer and Business
Services may take any action before the operative date specified
in section 56 of this 2013 Act that is necessary for the
department to exercise, on and after the operative date specified
in section 56 of this 2013 Act, all of the duties, functions and
powers conferred on the department by sections 34 to 40, 42, 43
and 45 of this 2013 Act and the amendments to ORS 731.036,
731.186, 731.292, 742.350, 742.356, 744.052 and 744.062 by
sections 31, 32 and 46 to 50 of this 2013 Act.
(2) The Department of Public Safety Standards and Training and
the Board on Public Safety Standards and Training may take any
action before the operative date specified in section 56 of this
2013 Act that is necessary for the department or the board, as
applicable, to exercise, on and after the operative date
specified in section 56 of this 2013 Act, all of the duties,
functions and powers conferred on the department or the board by
the amendments to ORS 181.637 and 703.430 by sections 51 and 52
of this 2013 Act. + }
----------
