Bill Text: OR HB2562 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to courts; appropriating money; declaring an emergency; and providing for revenue raising that requires approval by a three-fifths majority.

Spectrum: Committee Bill

Status: (Passed) 2013-07-29 - Chapter 685, (2013 Laws): Effective date July 29, 2013. [HB2562 Detail]

Download: Oregon-2013-HB2562-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. HB 2562

LC 422/HB 2562-A8

                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2562

                    By COMMITTEE ON JUDICIARY

                             June 7

  On page 1 of the printed A-engrossed bill, line 3, delete ' and
21.345' and insert ', 21.345, 137.289, 137.291, 137.292, 137.294,
137.296, 137.297, 137.300, 153.633, 153.645 and 153.650'.
  On page 2, delete lines 20 through 22 and insert:
  ' (A) Served, delivered, received, filed, entered or retained
in any action or proceeding; or
  ' (B) Maintained under ORS 7.095.'.
  Delete lines 26 through 30 and insert:
  ' (B) Filing documents with a court; and
  ' (C) Providing certified electronic copies of court documents
and other Judicial Department records to another person or public
body.'.
  On page 9, after line 22, insert:

                                '
 { +  CRIMINAL FINE DISTRIBUTION + }

  '  { +  SECTION 9. + } ORS 153.633, as amended by section 15,
chapter 89, Oregon Laws 2012, is amended to read:
  ' 153.633. (1) In any criminal action in  { + a circuit court
in + } which a fine is imposed, the lesser of the following
amounts is payable to the state before any other distribution of
the fine is made:
  ' (a) $60; or
  ' (b) The amount of the fine if the fine is less than $60.
  '  { +  (2) In any criminal action in a justice or municipal
court in which a fine is imposed, the lesser of the following
amounts is payable to the state before any other distribution of
the fine is made:
  ' (a) $44; or
  ' (b) The amount of the fine if the fine is less than $44. + }
  '  { - (2) - }  { +  (3) + } A justice or municipal court shall
forward the amount prescribed under subsection   { - (1) - }
 { +  (2) + } of this section to the Department of Revenue for
deposit in the Criminal Fine Account.
  '  { - (3) - }  { +  (4) + } The provisions of  { + subsection
(2) of + } this section do not apply to fines imposed in justice
and municipal courts under ORS 811.590, 814.485, 814.486,
814.534, 814.536, 814.600 or 830.990 (1).
  '  { +  SECTION 10. + } ORS 153.645 is amended to read:
  ' 153.645. (1) If a justice court enters a judgment of
conviction for a traffic offense and the conviction resulted from
a prosecution arising out of an arrest or complaint made by an
officer of the Oregon State Police or by any other enforcement
officer employed by state government, as defined in ORS 174.111:
  ' (a) The amount prescribed by ORS 153.633   { - (1) - }  { +
(2) + } is payable to the state and must be forwarded to the
Department of Revenue for deposit in the Criminal Fine Account;
  ' (b)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the county in
which the justice court is located; and
  ' (c)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the state.
  ' (2) If a justice court enters a judgment of conviction for a
traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by a sheriff, deputy
sheriff or any other enforcement officer employed by the county:
  ' (a) The amount prescribed by ORS 153.633   { - (1) - }  { +
(2) + } is payable to the state and must be forwarded to the
Department of Revenue for deposit in the Criminal Fine Account;
and
  ' (b)  { + Subject to subsection (4) of this section, + } the
remaining amount of the fine is payable to the county in which
the court is located.
  ' (3) If a justice court enters a judgment of conviction for a
traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by an enforcement
officer employed by any other local government, as defined in ORS
174.116:
  ' (a) The amount prescribed by ORS 153.633   { - (1) - }  { +
(2) + } is payable to the state and must be forwarded to the
Department of Revenue for deposit in the Criminal Fine Account;
  ' (b)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the local
government that employs the enforcement officer; and
  ' (c)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the county in
which the court is located.
  '  { +  (4) If the full amount of the fine imposed by a justice
court is collected, the last $16 of the amount collected shall be
paid to the county treasurer for the county in which the court is
located and may be used only for the purposes specified in
section 13 of this 2013 Act. If the full amount of the fine
imposed is not collected, the $16 payment required by this
subsection shall be reduced by one dollar for every dollar of the
fine that is not collected. + }
  '  { +  SECTION 11. + } ORS 153.650 is amended to read:
  ' 153.650. (1) If a municipal court enters a judgment of
conviction for a traffic offense and the conviction resulted from
a prosecution arising out of an arrest or complaint made by an
officer of the Oregon State Police or by any other enforcement
officer employed by state government, as defined in ORS 174.111:
  ' (a) The amount prescribed by ORS 153.633   { - (1) - }  { +
(2) + } is payable to the state and must be forwarded to the
Department of Revenue for deposit in the Criminal Fine Account;
  ' (b)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the city in which
the municipal court is located; and
  ' (c)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the state.
  ' (2) If a municipal court enters a judgment of conviction for
a traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by a city police
officer or any other enforcement officer employed by the city:
  ' (a) The amount prescribed by ORS 153.633   { - (1) - }  { +
(2) + } is payable to the state and must be forwarded to the
Department of Revenue for deposit in the Criminal Fine Account;
and

  ' (b)  { + Subject to subsection (4) of this section, + } the
remaining amount of the fine is payable to the city in which the
court is located.
  ' (3) If a municipal court enters a judgment of conviction for
a traffic offense and the conviction resulted from a prosecution
arising out of an arrest or complaint made by an enforcement
officer employed by any other local government, as defined in ORS
174.116:
  ' (a) The amount prescribed by ORS 153.633   { - (1) - }  { +
(2) + } is payable to the state and must be forwarded to the
Department of Revenue for deposit in the Criminal Fine Account;
  ' (b)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the local
government that employs the enforcement officer; and
  ' (c)  { + Subject to subsection (4) of this section, + }
one-half of the amount remaining after any payment required by
paragraph (a) of this subsection is payable to the city in which
the court is located.
  '  { +  (4) If the full amount of the fine imposed by a
municipal court is collected, the last $16 of the amount
collected shall be paid to the county treasurer for the county in
which the court is located and may be used only for the purposes
specified in section 13 of this 2013 Act. If the full amount of
the fine imposed is not collected, the $16 payment required by
this subsection shall be reduced by one dollar for every dollar
of the fine that is not collected. + }
  '  { +  SECTION 12. + }  { + Section 13 of this 2013 Act is
added to and made a part of ORS 153.640 to 153.680. + }
  '  { +  SECTION 13. + }  { + (1) If a justice or municipal
court imposes a fine for any offense other than a traffic offense
and the full amount of the fine imposed is collected, the last
$16 of the amount collected shall be paid to the county treasurer
for the county in which the court is located and may be used only
for the purposes specified in this section. If the full amount of
the fine imposed is not collected, the $16 payment required by
this subsection shall be reduced by one dollar for every dollar
of the fine that is not collected.
  ' (2) Sixty percent of the amounts paid to the county treasurer
under this section and under ORS 153.645 (4) and 153.650 (4)
shall be deposited by the treasurer in the county treasury and
may be used only for drug and alcohol programs and for the costs
of planning, operating and maintaining county juvenile and adult
corrections programs and facilities.
  ' (3) Forty percent of the amounts paid to the county treasurer
under this section and under ORS 153.645 (4) and 153.650 (4)
shall be deposited by the treasurer in the court facilities
security account established under ORS 1.182 for the county in
which the court is located. + }
  '  { +  SECTION 14. + }  { + Sections 15 to 20 of this 2013 Act
are added to and made a part of ORS 137.289 to 137.297. + }
  '  { +  SECTION 15. + }  { + As used in ORS 137.289 to 137.297:
  ' (1) 'Criminal judgment' means a judgment of conviction in a
criminal action.
  ' (2) 'Local court' means a justice or municipal court. + }
  '  { +  SECTION 16. + }  { + (1) There are four levels of
priority for application of payments on criminal judgments
entered in local courts, with Level I obligations having the
highest priority and Level IV obligations having the lowest
priority. All payments on a criminal judgment entered in a local
court shall be applied first against the unpaid obligations in
the level with highest priority until those obligations have been
paid in full, and shall then be applied against the obligations
in the level with the next highest level of priority, until all
obligations under the judgment have been paid in full.

  ' (2) Except as provided in section 18 of this 2013 Act, if
there is more than one person or public body to whom an
obligation is payable under a level, a local court shall divide
each payment based on each person's or public body's
proportionate share of the total amount of obligations in that
level. + }
  '  { +  SECTION 17. + }  { + Level I obligations in criminal
judgments entered in local courts are compensatory fines imposed
pursuant to ORS 137.101. + }
  '  { +  SECTION 18. + }  { + (1) There are two types of Level
II obligations in criminal judgments entered in local courts:
  ' (a) Type 1 obligations include awards of restitution as
defined in ORS 137.103, awards of restitution under ORS 419C.450
and money awards made under ORS 811.706.
  ' (b) Type 2 obligations include all fines and other monetary
obligations payable to the state, a city or a county, after
payment of the amount provided for in ORS 153.633 (2).
  ' (2) If a criminal judgment entered in a local court contains
both types of Level II obligations, the court shall apply 50
percent of amounts creditable to Level II obligations to Type 1
obligations and 50 percent of the amounts to Type 2 obligations,
until all obligations in one of the two types have been paid in
full. All subsequent amounts creditable to Level II obligations
shall be applied against the other type of obligations until
those obligations have been paid in full.
  ' (3) If there is more than one person for whose benefit a Type
1 money award has been made, a local court shall pay the moneys
credited to Type 1 obligations in the following order of
priority:
  ' (a) If the judgment contains a money award payable to the
person or persons against whom the defendant committed the
offense, the court shall first pay all moneys credited to Type 1
obligations to those persons, and shall continue to do so until
all those obligations are paid in full. If there is more than one
person to whom an obligation is payable under this paragraph, the
court shall divide each payment under this paragraph based on
each person's proportionate share of the total amount of
obligations subject to payment under this paragraph.
  ' (b) If the judgment contains a money award payable to the
Criminal Injuries Compensation Account, the court shall
thereafter transfer moneys credited to Type 1 obligations to the
account until the award is paid in full.
  ' (c) If the judgment contains a money award payable to any
other victims, as defined in ORS 137.103, the court shall
thereafter pay the moneys credited to Type 1 obligations to those
victims until those victims are paid in full. + }
  '  { +  SECTION 19. + }  { + Level III obligations in criminal
judgments entered in local courts are amounts that the law
expressly directs be paid to a specific account or public body as
defined in ORS 174.109. + }
  '  { +  SECTION 20. + }  { + Level IV obligations in criminal
judgments entered in local courts are amounts payable for reward
reimbursement under ORS 131.897. + }
  '  { +  SECTION 21. + } ORS 137.289 is amended to read:
  ' 137.289. (1) There are five levels of priority for
application of payments on   { - judgments of conviction in
criminal actions - }  { +  criminal judgments entered in circuit
courts + }, with Level I obligations having the highest priority
and Level V  { + obligations + } having the lowest priority. All
payments on a   { - judgment of conviction in a criminal
action - }  { +  criminal judgment entered in a circuit court + }
shall be applied first against the unpaid obligations in the
level with highest priority until those obligations have been
paid in full, and shall then be applied against the obligations
in the level with the next highest level of priority, until all
obligations under the judgment have been paid in full.
  ' (2) Except as provided in ORS 137.292, if there is more than
one person or public body to whom an obligation is payable under
a level,   { - the - }  { +  a circuit + } court shall divide
each payment based on each person's or public body's
proportionate share of the total amount of obligations in that
level.
  '  { +  SECTION 22. + } ORS 137.291 is amended to read:
  ' 137.291.   { - Compensatory fines under ORS 137.101 are Level
I obligations - }  { +  Level I obligations in criminal judgments
entered in circuit courts are compensatory fines imposed pursuant
to ORS 137.101 + }.
  '  { +  SECTION 23. + } ORS 137.292 is amended to read:
  ' 137.292. (1) There are two types of Level II obligations { +
in criminal judgments entered in circuit courts + }:
  ' (a) Type 1 obligations include awards of restitution as
defined in ORS 137.103, awards of restitution under ORS 419C.450
and money awards made under ORS 811.706.
  ' (b) Type 2 obligations include all fines and other monetary
obligations payable to the state for which the law does not
expressly provide other disposition, including fines payable to
the state   { - by justice and municipal courts - }  under ORS
153.633, 153.645 and 153.650.
  ' (2) If a judgment contains both types of Level II
obligations, the  { + circuit + } court shall apply 50 percent of
amounts creditable to Level II obligations to Type 1 obligations
and 50 percent of the amounts to Type 2 obligations, until all
obligations in one of the two types have been paid in full. All
subsequent amounts creditable to Level II obligations shall be
applied against the other type of obligations until those
obligations have been paid in full.
  ' (3) If there is more than one person for whose benefit a Type
1 money award has been made, the   { - clerk - }  { +  circuit
court + } shall pay the moneys credited to Type 1 obligations in
the following order of priority:
  ' (a) If the judgment contains a money award payable to the
person or persons against whom the defendant committed the
offense, the   { - clerk - }  { +  court + } shall first pay all
moneys credited to Type 1 obligations to those persons, and shall
continue to do so until all those obligations are paid in full.
If there is more than one person to whom an obligation is payable
under this paragraph, the court shall divide each payment under
this paragraph based on each person's proportionate share of the
total amount of obligations subject to payment under this
paragraph.
  ' (b) If the judgment contains a money award payable to the
Criminal Injuries Compensation Account, the   { - clerk - }  { +
court + } shall thereafter transfer moneys credited to Type 1
obligations to the account until the award is paid in full.
  ' (c) If the judgment contains a money award payable to any
other victims, as defined in ORS 137.103, the   { - clerk - }
 { +  court + } shall thereafter pay the moneys credited to Type
1 obligations to those victims until those victims are paid in
full.
  '  { +  SECTION 24. + } ORS 137.294 is amended to read:
  ' 137.294. Level III obligations  { + in criminal judgments
entered in circuit courts  + }are fines payable to a county or
city.
  '  { +  SECTION 25. + } ORS 137.296 is amended to read:
  ' 137.296. Level IV obligations  { + in criminal judgments
entered in circuit courts  + }are amounts that the law expressly
directs be paid to a specific account or public body as defined
in ORS 174.109.
  '  { +  SECTION 26. + } ORS 137.297 is amended to read:
  ' 137.297. Level V obligations  { + in criminal judgments
entered in circuit courts + } are amounts payable for reward
reimbursement under ORS 131.897.
  '  { +  SECTION 27. + } ORS 137.300, as amended by section 14,
chapter 89, Oregon Laws 2012, and section 2, chapter 40, Oregon
Laws 2013, is amended to read:
  ' 137.300. (1) The Criminal Fine Account is established in the
General Fund. Except as otherwise provided by law, all amounts
collected in state courts as monetary obligations in criminal
actions shall be deposited by the courts in the account. All
moneys in the account are continuously appropriated to the
Department of Revenue to be distributed by the Department of
Revenue as provided in this section. The Department of Revenue
shall keep a record of moneys transferred into and out of the
account.
  ' (2) The Legislative Assembly shall first allocate moneys from
the Criminal Fine Account for the following purposes, in the
following order of priority:
  ' (a) Allocations for public safety standards, training and
facilities.
  ' (b) Allocations for criminal injuries compensation and
assistance to victims of crime and children reasonably suspected
of being victims of crime.
  ' (c) Allocations for the forensic services provided by the
Oregon State Police, including, but not limited to, services of
the State Medical Examiner.
  ' (d) Allocations for the maintenance and operation of the Law
Enforcement Data System.
  ' (3) After making allocations under subsection (2) of this
section, the Legislative Assembly shall allocate moneys from the
Criminal Fine Account for the following purposes:
  ' (a) Allocations to the Law Enforcement Medical Liability
Account established under ORS 414.815.
  ' (b) Allocations to the State Court Facilities and Security
Account established under ORS 1.178.
  ' (c) Allocations to the Department of Corrections for the
purpose of planning, operating and maintaining county juvenile
and adult corrections programs and facilities and drug and
alcohol programs.
  ' (d) Allocations to the Oregon Health Authority for the
purpose of grants under ORS 430.345 for the establishment,
operation and maintenance of alcohol and drug abuse prevention,
early intervention and treatment services provided through a
county.
  ' (e) Allocations to the Oregon State Police for the purpose of
the enforcement of the laws relating to driving under the
influence of intoxicants.
  ' (f) Allocations to the Arrest and Return Account established
under ORS 133.865.
  ' (g) Allocations to the Intoxicated Driver Program Fund
established under ORS 813.270.
  ' (4) It is the intent of the Legislative Assembly that
allocations from the Criminal Fine Account under subsection (3)
of this section be consistent with historical funding of the
entities, programs and accounts listed in subsection (3) of this
section from monetary obligations imposed in criminal
proceedings.  Amounts that are allocated under subsection
 { - (3)(c) and (d) - }  { +  (3)(d) + } of this section shall be
distributed to counties based on the amounts that were
transferred to counties by circuit, justice and municipal courts
during the 2009-2011 biennium under the provisions of ORS
137.308, as in effect January 1, 2011.
  ' (5) Moneys in the Criminal Fine Account may not be allocated
for the payment of debt service obligations.
  ' (6) The Department of Revenue shall deposit in the General
Fund all moneys remaining in the Criminal Fine Account after the
distributions listed in subsections (2) and (3) of this section
have been made.

  ' (7) The Department of Revenue shall establish by rule a
process for distributing moneys in the Criminal Fine Account. The
department may not distribute more than one-eighth of the total
biennial allocation to an entity during a calendar quarter.
  '  { +  SECTION 28. + }  { + Sections 13 and 15 to 20 of this
2013 Act and the amendments to ORS 137.289, 137.291, 137.292,
137.294, 137.296, 137.297, 153.633, 153.645 and 153.650 by
sections 9 to 11 and 21 to 26 of this 2013 Act apply to all
offenses committed on or after July 31, 2013. + } ' .
  In line 26, delete '9' and insert '29'.
  In line 32, delete '10' and insert '30'.
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