Bill Text: OR HB2693 | 2011 | Regular Session | Enrolled
Bill Title: Relating to sheriffs; and prescribing an effective date.
Spectrum: Unknown
Status: (Passed) 2011-08-02 - Chapter 661, (2011 Laws): Effective date September 29, 2011. [HB2693 Detail]
Download: Oregon-2011-HB2693-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2693
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Sheriff's Civil Command Council)
CHAPTER ................
AN ACT
Relating to sheriffs; creating new provisions; amending ORS
40.460, 184.644, 314.430, 319.182, 319.742, 320.080, 321.570,
323.390, 323.610, 324.190, 657.396, 657.642 and 825.504; and
prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 184.644 is amended to read:
184.644. (1) For purposes of this section, a liquidated and
delinquent debt is a debt that meets one of the following
conditions:
(a) Judgment has been entered on the debt; or
(b) Liability for and the amount of the debt have been
established through an administrative proceeding.
(2) If a person fails to pay in full any liquidated and
delinquent debt due the Department of Transportation, the
department may issue a warrant { - under the department's
official seal directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and
personal property of the person found within that county, - }
for { - payment of - } the amount due, with the added
penalties or charges, interest and cost of executing the warrant
{ - , and to return the warrant to the department and pay to the
department the money collected from the sale by the time
specified in the warrant, not less than 60 days from the date of
the warrant - } . { + A copy of the warrant shall be mailed or
delivered to the debtor by the department at the debtor's
last-known address. + }
{ - (3) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy of the
warrant. The clerk shall enter in the County Clerk Lien Record
the name of the person mentioned in the warrant, the amount of
the debt for which the warrant is issued and the date when the
copy is recorded. The amount of the warrant shall become a lien
upon the title to and interest in property of the person against
whom the warrant is issued in the same manner as a judgment that
creates a judgment lien under ORS chapter 18. - }
{ - (4) The sheriff shall proceed upon the warrant in all
respects, with like effect and in the same manner prescribed by
law in respect to executions issued against property upon
judgment of a court of record, and shall be entitled to the same
Enrolled House Bill 2693 (HB 2693-B) Page 1
fees for services in executing the warrant, to be added to and
collected as a part of the warrant liability. - }
{ - (5) In the discretion of the Department of
Transportation, a warrant of like terms, force and effect to levy
upon funds of the person in possession of the Department of
Revenue may be issued and directed to any agent authorized by the
Department of Transportation to collect liquidated and delinquent
debts for the department, and in the execution thereof the agent
shall have all of the powers conferred by law upon sheriffs but
is entitled to no fee or compensation in excess of actual
expenses paid in the performance of such duty. - }
{ + (3) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the debtor found within that county, and
to levy upon any currency of the debtor found within that county,
for the application of the proceeds or currency against the
amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability.
(4) In the discretion of the department a warrant under this
section may be directed to any agent authorized by the department
to collect debts under this section, and in the execution of the
warrant the agent has all of the powers conferred by law upon
sheriffs, but is entitled to no fee or compensation in excess of
actual expenses paid in the performance of such duty. + }
{ - (6) - } { + (5) + } Nothing in this section affects any
provision of ORS 319.182, 319.742 or 825.504.
SECTION 2. ORS 314.430 is amended to read:
314.430. (1) If any tax imposed under ORS chapter 118, 316, 317
or 318 or any portion of the tax is not paid within 30 days after
the date that the written notice and demand for payment required
under ORS 305.895 is mailed (or within five days after the tax
becomes due, in the case of the termination of the tax year by
the Department of Revenue under the provisions of ORS 314.440)
and no provision is made to secure the payment thereof by bond,
deposit or otherwise, pursuant to regulations promulgated by the
department, the department may issue a warrant { - directed to
the sheriff of any county of the state commanding the sheriff to
levy upon and sell the real and personal property of the taxpayer
found within that county, - } for the payment of the amount of
the tax, with the added penalties, interest { - , - } { + and
any + } collection charge { + incurred. + } { - and the
sheriff's cost of executing the warrant, and to return such
warrant to the department and pay to it the money collected by
virtue thereof by a time to be therein specified, not less than
60 days from the date of the warrant. - } A copy of the warrant
shall be mailed or delivered to the taxpayer by the department at
the taxpayer's last-known address.
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy
thereof, and thereupon the clerk shall enter in the County Clerk
Lien Record the name of the taxpayer mentioned in the warrant,
Enrolled House Bill 2693 (HB 2693-B) Page 2
and the amount of the tax or portion thereof and penalties for
which the warrant is issued and the date when such copy is
recorded. Thereupon the amount of the warrant so recorded shall
become a lien upon the title to and interest in property of the
taxpayer against whom it is issued in the same manner as a
judgment duly recorded. The sheriff thereupon shall proceed upon
the same in all respects, with like effect and in the same manner
prescribed by law in respect to executions issued against
property upon judgment of a court of record, and shall be
entitled to the same fees for services in executing the warrant,
to be added to and collected as a part of the warrant
liability. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability. + }
(3) In the discretion of the department a warrant { - of like
terms, force and effect may be issued and - } { + under this
section may be + } directed to any agent authorized { + by the
department + } to collect taxes, and in the execution
{ - thereof - } { + of the warrant + } the agent
{ - shall have - } { + has + } all { + of + } the powers
conferred by law upon sheriffs, but is entitled to no fee or
compensation in excess of actual expenses paid in the performance
of such duty.
(4) { - If - } { + Until + }a warrant { + issued under
this section + } is
{ - returned not - } satisfied in full, the department
{ - shall have - } { + has + } the same remedies to enforce
the claim for taxes against the taxpayer as if { - the people
of - } the state had recovered judgment against the taxpayer for
the amount of the tax { - , and shall balance the assessment
record of the taxpayer by transferring the unpaid deficiency to
the taxpayer's delinquent record - } .
SECTION 3. ORS 319.182 is amended to read:
319.182. (1) If a person fails to pay in full any tax, interest
or penalty due under ORS 319.010 to 319.430, the Department of
Transportation may issue a warrant { - under the department's
official seal directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and
personal property of the person found within that county, - }
for
{ - payment of - } the amount due, with the added penalties or
charges, interest and the cost of executing the warrant { - ,
and to return the warrant to the department and pay to the
department the money collected from the sale by the time
specified in the warrant, not less than 60 days from the date of
the warrant - } . { + A copy of the warrant shall be mailed or
Enrolled House Bill 2693 (HB 2693-B) Page 3
delivered to the taxpayer by the department at the taxpayer's
last-known address. + }
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy of the
warrant. The clerk shall enter in the County Clerk Lien Record
the name of the person mentioned in the warrant, the amount of
the tax or portion of the tax and penalties or charges for which
the warrant is issued and the date when the copy is recorded. The
amount of the warrant shall become a lien upon the title to and
interest in property of the person against whom it is issued in
the same manner as a judgment that creates a judgment lien under
ORS chapter 18. - }
{ - (3) The sheriff shall proceed upon the warrant in all
respects, with like effect and in the same manner prescribed by
law in respect to executions issued against property upon
judgment of a court of record, and shall be entitled to the same
fees for services in executing the warrant, to be added to and
collected as a part of the warrant liability. - }
{ - (4) In the discretion of the Department of
Transportation, a warrant of like terms, force and effect to levy
upon funds of the person in possession of the Department of
Revenue may be issued and directed to any agent authorized by the
Department of Transportation to collect taxes payable under ORS
319.010 to 319.430, and in the execution thereof the agent shall
have all of the powers conferred by law upon sheriffs but is
entitled to no fee or compensation in excess of actual expenses
paid in the performance of such duty. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this
section may be directed to any agent authorized by the department
to collect taxes, and in the execution of the warrant the agent
has all of the powers conferred by law upon sheriffs, but is
entitled to no fee or compensation in excess of actual expenses
paid in the performance of such duty. + }
SECTION 4. ORS 319.742 is amended to read:
319.742. (1) If a person fails to pay in full any obligation
due under ORS 319.510 to 319.880, the Department of
Transportation may issue a warrant { - under the department's
official seal directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and
personal property of the person found within that county, - }
for { - payment of - } the amount of the obligation and the
cost of executing the warrant { - , and to return the warrant to
the department and pay to the department the money collected from
the sale by the time specified in the warrant, not less than 60
Enrolled House Bill 2693 (HB 2693-B) Page 4
days from the date of the warrant - } . { + A copy of the
warrant shall be mailed or delivered to the debtor by the
department at the debtor's last-known address. + }
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy of the
warrant. The clerk shall enter in the County Clerk Lien Record
the name of the person mentioned in the warrant, the amount of
the obligation for which the warrant is issued and the date when
the copy is recorded. The amount of the warrant shall become a
lien upon the title to and interest in property of the person
against whom it is issued in the same manner as a judgment that
creates a judgment lien under ORS chapter 18. - }
{ - (3) The sheriff shall proceed upon the warrant in all
respects, with like effect and in the same manner prescribed by
law in respect to executions issued against property upon
judgment of a court of record, and shall be entitled to the same
fees for services in executing the warrant, to be added to and
collected as a part of the warrant liability. - }
{ - (4) In the discretion of the Department of
Transportation, a warrant of like terms, force and effect to levy
upon funds of the person in possession of the Department of
Revenue may be issued and directed to any agent authorized by the
Department of Transportation to collect taxes payable under ORS
319.510 to 319.880, and in the execution thereof the agent shall
have all of the powers conferred by law upon sheriffs but is
entitled to no fee or compensation in excess of actual expenses
paid in the performance of such duty. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the debtor found within that county, and
to levy upon any currency of the debtor found within that county,
for the application of the proceeds or currency against the
amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this
section may be directed to any agent authorized by the department
to collect obligations under this section, and in the execution
of the warrant the agent has all of the powers conferred by law
upon sheriffs, but is entitled to no fee or compensation in
excess of actual expenses paid in the performance of such
duty. + }
SECTION 5. ORS 320.080 is amended to read:
320.080. (1) If any tax or penalty imposed by ORS 320.005 to
320.150 is not paid as required by ORS 320.005 to 320.150 within
30 days after the date that the written notice and demand for
payment required under ORS 305.895 is mailed, the Department of
Revenue shall issue a warrant { - directed to the sheriff of
any county of the state commanding the sheriff to levy upon and
sell the real and personal property of the person or persons
named in the warrant and liable for the tax found within the
county, - } for the payment of the amount { - thereof - }
Enrolled House Bill 2693 (HB 2693-B) Page 5
{ + of the tax, + } with the added penalty and the cost of
executing the warrant { - , and to return the warrant to the
department and pay to it the money collected by virtue thereof by
a time to be therein specified not more than 30 days from the
date of the warrant - } . A copy of the warrant shall be mailed
or delivered to the taxpayer by the department at the taxpayer's
last-known address.
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy
thereof. Thereupon the clerk shall enter in the County Clerk
Lien Record the names of the persons mentioned in the warrant,
and the amount of the tax and penalty for which the warrant is
issued and the date when such copy is recorded. Thereupon the
amount of the warrant so recorded shall become a lien upon the
title to any interest in real property or personal property of
the persons against whom it is issued in the same manner as a
judgment that creates a judgment lien under ORS chapter 18. The
sheriff shall thereupon proceed upon the same in all respects,
with like effect and in the manner prescribed by law in respect
to execution issued against property upon judgment of a court of
record, and the sheriff is entitled to the same fees for services
in executing the warrant to be collected in the same manner. If a
warrant is returned not satisfied in full, the department shall
have the same remedies to enforce the claim for taxes as if the
people of the state had recovered judgment for the amount of the
tax. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this
section may be directed to any agent authorized by the department
to collect taxes, and in the execution of the warrant the agent
has all of the powers conferred by law upon sheriffs, but is
entitled to no fee or compensation in excess of actual expenses
paid in the performance of such duty.
(4) Until a warrant issued under this section is satisfied in
full, the department has the same remedies to enforce the claim
for taxes against the taxpayer as if the state had recovered
judgment against the taxpayer for the amount of the tax. + }
SECTION 6. ORS 321.570 is amended to read:
321.570. (1) If any tax imposed by ORS 321.005 to 321.185,
321.560 to 321.600 or 321.700 to 321.754, or any portion of the
tax, is not paid within 30 days after the date that the written
notice and demand for payment required under ORS 305.895 is
mailed, the Department of Revenue may issue a warrant { - ,
directed to the sheriff of any county of the state, commanding
the sheriff to levy upon and sell the real and personal property
Enrolled House Bill 2693 (HB 2693-B) Page 6
of the taxpayer owning the same, found within that county, - }
for the payment of the amount of the tax, with the added
penalties, interest and cost of executing the warrant { - , and
to return the warrant to the department and to pay to it the
money collected from the sale, within 60 days after receipt of
the warrant - } . A copy of the warrant shall be mailed or
delivered to the taxpayer by the department at the taxpayer's
last-known address.
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record a copy with the county clerk, and the
clerk shall immediately enter in the County Clerk Lien Record the
name of the taxpayer mentioned in the warrant, and the amount of
the tax or portion of the tax and penalties for which the warrant
is issued and the date when the copy is recorded. The amount of
the warrant so recorded shall become a lien upon the title to and
interest in real property of the taxpayer against which it is
issued, in the same manner as a judgment that creates a judgment
lien under ORS chapter 18. The sheriff immediately shall proceed
upon the warrant in all respects, with like effect, and in the
same manner prescribed by law in respect to executions issued
against property upon judgments of a court of record, and shall
be entitled to the same fees for services in executing the
warrant, to be added to and collected as a part of the warrant
liability. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability. + }
(3) In the discretion of the department a warrant { - of like
terms, force and effect may be issued and - } { + under this
section may be + } directed to any agent authorized { + by the
department + } to collect this tax. In the execution of the
warrant { - , such - } { + the + } agent has the powers
conferred by law upon sheriffs, but is entitled to no fee or
compensation in excess of actual expenses paid in the performance
of such duty.
(4) { - If - } { + Until + } a warrant { + issued under
this section + } is
{ - returned not - } satisfied in full, the department
{ - shall have - } { + has + } the same remedies to enforce
the claim for taxes against the taxpayer as if the state had
{ - a recorded - } { + recovered + }judgment against the
taxpayer for the amount of the tax.
SECTION 7. ORS 323.390 is amended to read:
323.390. (1) If any tax imposed by ORS 323.005 to 323.482 or
any portion of such tax is not paid within 30 days after notice
of a deficiency determination is given pursuant to ORS 323.403 or
of a tax determined under ORS 323.385, and no provision is made
Enrolled House Bill 2693 (HB 2693-B) Page 7
to secure the payment thereof by bond, deposit or otherwise,
pursuant to regulations promulgated by the Department of Revenue,
the department shall:
(a) Assess a collection charge of $5 if the sum of the tax,
penalty and interest then due exceeds $10.
(b) Issue a warrant { - directed to the sheriff of any county
of the state commanding the sheriff to levy upon and sell the
real and personal property of the taxpayer found within that
county, - } for the payment of the amount of the tax, with the
added penalties, interest, collection charge and the sheriff's
cost of executing the warrant { - , and to return such warrant
to the department and pay to it the money collected by virtue
thereof by a time to be therein specified, not less than 60 days
from the date of the warrant - } . { + A copy of the warrant
shall be mailed or delivered to the taxpayer by the department at
the taxpayer's last-known address. + }
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy
thereof, and thereupon the clerk shall enter in the County Clerk
Lien Record the name of the taxpayer mentioned in the warrant,
and the amount of the tax or portion thereof and penalties and
interest for which the warrant is issued and the date when such
copy is recorded. Thereupon the amount of the warrant so recorded
shall become a lien upon the title to and interest in property of
the taxpayer against whom it is issued in the same manner as a
judgment that creates a judgment lien under ORS chapter 18. The
sheriff thereupon shall proceed upon the same in all respects,
with like effect and in the same manner prescribed by law in
respect to executions issued against property upon judgment of a
court of record, and shall be entitled to the same fees for
services in executing the warrant, to be added to and collected
as a part of the warrant liability. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability. + }
(3) In the discretion of the department a warrant { - of like
terms, force and effect may be issued and - } { + under this
section may be + } directed to any agent authorized { + by the
department + } to collect income taxes, and in the execution
{ - thereof - } { + of the warrant + } the agent { - shall
have - } { + has + } all { + of + } the powers conferred by
law upon sheriffs, but is entitled to no fee or compensation in
excess of actual expenses paid in the performance of such duty.
(4) { - If - } { + Until + } a warrant { + issued under
this section + } is
{ - returned not - } satisfied in full, the department
{ - shall have - } { + has + } the same remedies to enforce
Enrolled House Bill 2693 (HB 2693-B) Page 8
the claim for taxes against the taxpayer as if { - the people
of - } the state had recovered judgment against the taxpayer for
the amount of the tax.
SECTION 8. ORS 323.610 is amended to read:
323.610. (1) If any tax imposed under ORS 323.500 to 323.645,
or any portion of the tax, is not paid within the time provided
by law and no provision is made to secure the payment of the tax
by bond, deposit or otherwise, pursuant to rules adopted by the
Department of Revenue, the department may issue a warrant
{ - directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and
personal property of the taxpayer found within the county, - }
for the payment of the amount of the tax, with the added
penalties, interest and the sheriff's cost of executing the
warrant { - , and to return the warrant to the department and
pay to it the money collected from the sale, within 60 days after
the date of receipt of the warrant - } . { + A copy of the
warrant shall be mailed or delivered to the taxpayer by the
department at the taxpayer's last-known address. + }
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy of the
warrant, and the clerk shall immediately enter in the County
Clerk Lien Record the name of the taxpayer mentioned in the
warrant, the amount of the tax or portion of the tax and
penalties for which the warrant is issued and the date the copy
is recorded. The amount of the warrant so recorded shall become a
lien upon the title to and interest in real property of the
taxpayer against whom it is issued in the same manner as a
judgment that creates a judgment lien under ORS chapter 18. The
sheriff immediately shall proceed upon the warrant in all
respects, with like effect and in the same manner prescribed by
law in respect to executions issued against property upon
judgment of a court of record, and shall be entitled to the same
fees for services in executing the warrant, to be added to and
collected as a part of the warrant liability. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability. + }
(3) In the discretion of the department a warrant { - of like
terms, force and effect - } { + under this section + } may be
{ - issued and - } directed to any agent authorized { + by the
department + } to collect the taxes imposed by ORS 323.500 to
323.645. In the execution of the warrant { - , - } the agent
{ - shall have - } { + has + } all { + of + } the powers
conferred by law upon sheriffs, but is entitled to no fee or
compensation in excess of actual expenses paid in the performance
of such duty.
Enrolled House Bill 2693 (HB 2693-B) Page 9
(4) { - If - } { + Until + } a warrant { + issued under
this section + } is
{ - returned not - } satisfied in full, the department
{ - shall have - } { + has + } the same remedies to enforce
the claim for taxes against the taxpayer as if { - the people
of - } the state had recovered judgment against the taxpayer for
the amount of the tax.
SECTION 9. ORS 324.190 is amended to read:
324.190. (1) If any tax imposed by this chapter, or any portion
of such tax, is not paid within 30 days after the date that the
written notice and demand for payment required under ORS 305.895
is mailed, the Department of Revenue shall issue a warrant { - ,
directed to the sheriff of any county of the state, commanding
the sheriff to levy upon and sell the real and personal property
of the person owing the tax, found within that county, for the
payment in the amount thereof - } { + for the payment of the
amount of the tax + }, with the added penalties, interest and
cost of executing the warrant { - , and to return the warrant to
the department and to pay to it the money collected by virtue
thereof, within 60 days after receipt of the warrant - } . A copy
of the warrant shall be mailed or delivered to the taxpayer by
the department at the taxpayer's last-known address.
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record a copy with the county clerk, and
thereupon the clerk shall enter in the County Clerk Lien Record
the name of the person mentioned in the warrant, and the amount
of the tax or portion thereof and penalties for which the warrant
is issued and the date when the copy is recorded. Thereupon the
amount of the warrant so recorded shall become a lien upon the
title to and interest in real property of the person against
which it is issued, in the same manner as a judgment that creates
a judgment lien under ORS chapter 18. The sheriff thereupon shall
proceed upon the warrant in all respects, with like effect, and
in the same manner prescribed by law in respect to executions
issued against property upon judgments of a court of records, and
shall be entitled to the same fees for services in executing the
warrant, to be added to and collected as a part of the warrant
liability. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability. + }
(3) In the discretion of the department a warrant { - of like
terms, force and effect may be issued and - } { + under this
section may be + } directed to any agent { - of the
department - } authorized by { - it - } { + the
department + } to collect this tax. In the execution of the
warrant { - , such - } { + the + } agent has the powers
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conferred by law upon sheriffs, but is entitled to no fee or
compensation in excess of actual expenses paid in the performance
of such duty.
(4) { - If - } { + Until + } a warrant { + under this
section + } is { - returned not - } satisfied in full, the
department { - shall have - } { + has + } the same remedies
to enforce the claim for taxes against the { - owner - }
{ + taxpayer + } as if the state had a recorded judgment against
the
{ - owner - } { + taxpayer + } for the amount of the tax.
SECTION 10. ORS 657.396 is amended to read:
657.396. (1) In any case in which the Director of the
Employment Department may bring a civil action for the collection
of amounts liable to be repaid under ORS 657.310, interest on
those amounts or penalties, the { - director - }
{ + Employment Department + } may instead:
(a) Assess a collection charge of $5 if the amount liable to be
repaid, the interest then due or the penalty exceeds $10.
(b) Issue a warrant { - under official seal directed to the
sheriff of any county of the state commanding the sheriff to levy
upon and sell the real and personal property of the individual
found within that county, - } for { - the payment of - } the
amount liable to be repaid with the added interest, penalty,
collection charge and the sheriff's cost of executing the warrant
{ - , and to return the warrant to the director and pay to the
director the money collected by virtue of the warrant by a time
to be specified in the warrant, but not less than 60 days from
the date of the warrant - } . { + A copy of the warrant shall be
mailed or delivered to the debtor by the department at the
debtor's last-known address. + }
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy of the
warrant, and thereupon the clerk shall enter in the County Clerk
Lien Record the name of the individual mentioned in the warrant
and the amount liable to be repaid, interest, penalty and
collection charge for which the warrant is issued and the date
when the copy is recorded. Thereupon the amount of the warrant so
recorded shall become a lien upon the title to and interest in
property of the individual against whom it is issued in the same
manner as a judgment that creates a judgment lien under ORS
chapter 18. The sheriff thereupon shall proceed upon the same in
all respects, with like effect and in the same manner prescribed
by law in respect to executions issued against property upon the
judgment of a court of record, and shall be entitled to the same
fees for services in executing the warrant, to be added to and
collected as a part of the warrant liability. - }
{ - (3) In the discretion of the director, a warrant of like
terms, force and effect may be issued and directed to any agent
authorized by the director to collect amounts liable to be repaid
and in the execution of the warrant the agent shall have all the
powers conferred by law upon sheriffs, but is entitled to no fee
or compensation in excess of actual expenses paid in the
performance of the agent's duty. - }
{ - (4) If a warrant is returned not satisfied in full, the
director has the same remedies to enforce the claim for amounts
due, interest and penalty against the individual as if the
director had recovered judgment against the individual for the
amount liable to be repaid, interest and penalty. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
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Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the debtor found within that county, and
to levy upon any currency of the debtor found within that county,
for the application of the proceeds or currency against the
amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this
section may be directed to any agent authorized by the department
to collect amounts under this section, and in the execution of
the warrant the agent has all of the powers conferred by law upon
sheriffs, but is entitled to no fee or compensation in excess of
actual expenses paid in the performance of such duty. + }
{ - (5) - } { + (4) + } Interest upon the amounts liable to
be repaid and the penalty as set forth in the warrant shall be
paid and collected at the rate prescribed in ORS 657.310.
SECTION 11. ORS 657.642 is amended to read:
657.642. (1) In any case in which the Director of the
Employment Department may bring a civil action for the collection
of taxes, interest and penalties under this chapter, the
{ - director - } { + Employment Department + } may instead:
(a) Assess a collection charge of $5 if the sum of the tax,
penalty and interest then due exceeds $10.
(b) Issue a warrant { - under official seal directed to the
sheriff of any county of the state commanding the sheriff to levy
upon and sell the real and personal property of the employer
found within that county, - } for { - the payment of - } the
amount of the tax with the added penalties, interest, collection
charge and the sheriff's cost of executing the warrant { - , and
to return such warrant to the director and pay to the director
the money collected by virtue thereof by a time to be therein
specified, not less than 60 days from the date of the warrant - }
. { + A copy of the warrant shall be mailed or delivered to the
taxpayer by the department at the taxpayer's last-known
address. + }
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy
thereof, and thereupon the clerk shall enter in the County Clerk
Lien Record the name of the employer mentioned in the warrant,
and the amount of the tax, interest, penalties and collection
charge for which the warrant is issued and the date when such
copy is recorded. Thereupon the amount of the warrant so recorded
shall become a lien upon the title to and interest in property of
the employer against whom it is issued in the same manner as a
judgment that creates a judgment lien under ORS chapter 18. The
sheriff thereupon shall proceed upon the same in all respects,
with like effect and in the same manner prescribed by law in
respect to executions issued against property upon the judgment
of a court of record, and shall be entitled to the same fees for
services in executing the warrant, to be added to and collected
as a part of the warrant liability. - }
{ - (3) In the discretion of the director, a warrant of like
terms, force and effect may be issued and directed to any agent
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authorized by the director to collect taxes and in the execution
thereof the agent shall have all the powers conferred by law upon
sheriffs, but is entitled to no fee or compensation in excess of
actual expenses paid in the performance of such duty. - }
{ - (4) If a warrant is returned not satisfied in full, the
director shall have the same remedies to enforce the claim for
taxes, interest and penalties against the employer as if the
director had recovered judgment against the employer for the
amount of the taxes, interest and penalties. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this
section may be directed to any agent authorized by the department
to collect taxes under this section, and in the execution of the
warrant the agent has all of the powers conferred by law upon
sheriffs, but is entitled to no fee or compensation in excess of
actual expenses paid in the performance of such duty.
(4) Until a warrant issued under this section is satisfied in
full, the department has the same remedies to enforce the claim
for taxes, penalties and interest against the taxpayer as if the
state had recovered judgment against the taxpayer for the amount
of the tax, penalties and interest. + }
(5) Interest upon the taxes due as set forth in the warrant
shall be paid and collected at the rate prescribed in ORS 657.515
(2).
SECTION 12. ORS 825.504 is amended to read:
825.504. (1) If any tax, or fee in lieu of tax, reported due,
or any final assessment made by the Department of Transportation
under ORS 825.490, 825.494 and 825.496, including any penalties
or charges therein imposed, or any final penalty imposed under
ORS 825.950, 825.955 or 825.960, is not paid in full, the
department may issue a warrant { - under the department's
official seal directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and
personal property of the taxpayer found within that county, - }
for { - payment of - } the amount
{ - thereof - } { + of the tax, fee or assessment + }, with
the added penalties or charges, interest and the cost of
executing the warrant { - , and to return such warrant to the
department and pay to the department the money collected by
virtue thereof by a time to be specified therein, not less than
60 days from the date of the warrant - } . { + A copy of the
warrant shall be mailed or delivered to the taxpayer by the
department at the taxpayer's last-known address. + }
{ - (2) The sheriff shall, within five days after the receipt
of the warrant, record with the clerk of the county a copy
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thereof, and thereupon the clerk shall enter in the County Clerk
Lien Record the name of the taxpayer mentioned in the warrant,
and the amount of the tax or portion thereof and penalties or
charges for which the warrant is issued and the date when such
copy is recorded. Thereupon the amount of the warrant so recorded
shall become a lien upon the title to and interest in property of
the taxpayer against whom it is issued in the same manner as a
judgment that creates a judgment lien under ORS chapter 18. - }
{ - (3) The sheriff thereupon shall proceed upon the same in
all respects, with like effect and in the same manner prescribed
by law in respect to executions issued against property upon
judgment of a court of record, and shall be entitled to the same
fees for services in executing the warrant, to be added to and
collected as a part of the warrant liability. - }
{ - (4) In the discretion of the Department of
Transportation, a warrant of like terms, force and effect to levy
upon funds of the taxpayer in possession of the Department of
Revenue may be issued and directed to any agent authorized by the
Department of Transportation to collect taxes payable under this
chapter, and in the execution thereof the agent shall have all of
the powers conferred by law upon sheriffs but is entitled to no
fee or compensation in excess of actual expenses paid in the
performance of such duty. - }
{ + (2) At any time after issuing a warrant under this
section, the department may record the warrant in the County
Clerk Lien Record of any county of this state. Recording of the
warrant has the effect described in ORS 205.125. After recording
a warrant, the department may direct the sheriff for the county
in which the warrant is recorded to levy upon and sell the real
and personal property of the taxpayer found within that county,
and to levy upon any currency of the taxpayer found within that
county, for the application of the proceeds or currency against
the amount reflected in the warrant and the sheriff's cost of
executing the warrant. The sheriff shall proceed on the warrant
in the same manner prescribed by law for executions issued
against property pursuant to a judgment, and is entitled to the
same fees as provided for executions issued against property
pursuant to a judgment. The fees of the sheriff shall be added to
and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this
section may be directed to any agent authorized by the department
to collect amounts under this section, and in the execution of
the warrant the agent has all of the powers conferred by law upon
sheriffs, but is entitled to no fee or compensation in excess of
actual expenses paid in the performance of such duty.
(4) Until a warrant issued under this section is satisfied in
full, the department has the same remedies to enforce the claim
for the tax, fee or assessment as if the state had recovered
judgment against the taxpayer for the amount of the tax, fee or
assessment. + }
(5) The procedures authorized by this section may also be used
for collection of any fees and penalties imposed on persons
registering vehicles under ORS chapter 826.
SECTION 13. { + The amendments to ORS 184.644, 314.430,
319.182, 319.742, 320.080, 321.570, 323.390, 323.610, 324.190,
657.396, 657.642 and 825.504 by sections 1 to 12 of this 2011 Act
apply only to warrants issued on or after the effective date of
this 2011 Act. + }
SECTION 14. ORS 40.460 is amended to read:
Enrolled House Bill 2693 (HB 2693-B) Page 14
40.460. The following are not excluded by ORS 40.455, even
though the declarant is available as a witness:
(1) (Reserved.)
(2) A statement relating to a startling event or condition made
while the declarant was under the stress of excitement caused by
the event or condition.
(3) A statement of the declarant's then existing state of mind,
emotion, sensation or physical condition, such as intent, plan,
motive, design, mental feeling, pain or bodily health, but not
including a statement of memory or belief to prove the fact
remembered or believed unless it relates to the execution,
revocation, identification, or terms of the declarant's will.
(4) Statements made for purposes of medical diagnosis or
treatment and describing medical history, or past or present
symptoms, pain or sensations, or the inception or general
character of the cause or external source thereof insofar as
reasonably pertinent to diagnosis or treatment.
(5) A memorandum or record concerning a matter about which a
witness once had knowledge but now has insufficient recollection
to enable the witness to testify fully and accurately, shown to
have been made or adopted by the witness when the matter was
fresh in the memory of the witness and to reflect that knowledge
correctly. If admitted, the memorandum or record may be read into
evidence but may not itself be received as an exhibit unless
offered by an adverse party.
(6) A memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or diagnoses, made
at or near the time by, or from information transmitted by, a
person with knowledge, if kept in the course of a regularly
conducted business activity, and if it was the regular practice
of that business activity to make the memorandum, report, record,
or data compilation, all as shown by the testimony of the
custodian or other qualified witness, unless the source of
information or the method of circumstances of preparation
indicate lack of trustworthiness. The term 'business' as used in
this subsection includes business, institution, association,
profession, occupation, and calling of every kind, whether or not
conducted for profit.
(7) Evidence that a matter is not included in the memoranda,
reports, records, or data compilations, and in any form, kept in
accordance with the provisions of subsection (6) of this section,
to prove the nonoccurrence or nonexistence of the matter, if the
matter was of a kind of which a memorandum, report, record, or
data compilation was regularly made and preserved, unless the
sources of information or other circumstances indicate lack of
trustworthiness.
(8) Records, reports, statements or data compilations, in any
form, of public offices or agencies, including federally
recognized American Indian tribal governments, setting forth:
(a) The activities of the office or agency;
(b) Matters observed pursuant to duty imposed by law as to
which matters there was a duty to report, excluding, in criminal
cases, matters observed by police officers and other law
enforcement personnel; { - or - }
(c) In civil actions and proceedings and against the government
in criminal cases, factual findings, resulting from an
investigation made pursuant to authority granted by law, unless
the sources of information or other circumstances indicate lack
of trustworthiness { + ; or
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(d) In civil actions and criminal proceedings, a sheriff's
return of service + }.
(9) Records or data compilations, in any form, of births, fetal
deaths, deaths or marriages, if the report thereof was made to a
public office, including a federally recognized American Indian
tribal government, pursuant to requirements of law.
(10) To prove the absence of a record, report, statement or
data compilation, in any form, or the nonoccurrence or
nonexistence of a matter of which a record, report, statement or
data compilation, in any form, was regularly made and preserved
by a public office or agency, including a federally recognized
American Indian tribal government, evidence in the form of a
certification in accordance with ORS 40.510, or testimony, that
diligent search failed to disclose the record, report, statement
or data compilation, or entry.
(11) Statements of births, marriages, divorces, deaths,
legitimacy, ancestry, relationship by blood or marriage, or other
similar facts of personal or family history, contained in a
regularly kept record of a religious organization.
(12) A statement of fact contained in a certificate that the
maker performed a marriage or other ceremony or administered a
sacrament, made by a member of the clergy, a public official, an
official of a federally recognized American Indian tribal
government or any other person authorized by the rules or
practices of a religious organization or by law to perform the
act certified, and purporting to have been issued at the time of
the act or within a reasonable time thereafter.
(13) Statements of facts concerning personal or family history
contained in family bibles, genealogies, charts, engravings on
rings, inscriptions on family portraits, engravings on urns,
crypts, or tombstones, or the like.
(14) The record of a document purporting to establish or affect
an interest in property, as proof of content of the original
recorded document and its execution and delivery by each person
by whom it purports to have been executed, if the record is a
record of a public office, including a federally recognized
American Indian tribal government, and an applicable statute
authorizes the recording of documents of that kind in that
office.
(15) A statement contained in a document purporting to
establish or affect an interest in property if the matter stated
was relevant to the purpose of the document, unless dealings with
the property since the document was made have been inconsistent
with the truth of the statement or the purport of the document.
(16) Statements in a document in existence 20 years or more the
authenticity of which is established.
(17) Market quotations, tabulations, lists, directories, or
other published compilations, generally used and relied upon by
the public or by persons in particular occupations.
(18) (Reserved.)
(18a)(a) A complaint of sexual misconduct, complaint of abuse
as defined in ORS 107.705 or 419B.005, complaint of abuse of an
elderly person, as those terms are defined in ORS 124.050, or a
complaint relating to a violation of ORS 163.205 or 164.015 in
which a person 65 years of age or older is the victim, made by
the witness after the commission of the alleged misconduct or
abuse at issue. Except as provided in paragraph (b) of this
subsection, such evidence must be confined to the fact that the
complaint was made.
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(b) A statement made by a person concerning an act of abuse as
defined in ORS 107.705 or 419B.005, a statement made by a person
concerning an act of abuse of an elderly person, as those terms
are defined in ORS 124.050, or a statement made by a person
concerning a violation of ORS 163.205 or 164.015 in which a
person 65 years of age or older is the victim, is not excluded by
ORS 40.455 if the declarant either testifies at the proceeding
and is subject to cross-examination, or is unavailable as a
witness but was chronologically or mentally under 12 years of age
when the statement was made or was 65 years of age or older when
the statement was made. However, if a declarant is unavailable,
the statement may be admitted in evidence only if the proponent
establishes that the time, content and circumstances of the
statement provide indicia of reliability, and in a criminal trial
that there is corroborative evidence of the act of abuse and of
the alleged perpetrator's opportunity to participate in the
conduct and that the statement possesses indicia of reliability
as is constitutionally required to be admitted. No statement may
be admitted under this paragraph unless the proponent of the
statement makes known to the adverse party the proponent's
intention to offer the statement and the particulars of the
statement no later than 15 days before trial, except for good
cause shown. For purposes of this paragraph, in addition to those
situations described in ORS 40.465 (1), the declarant shall be
considered 'unavailable' if the declarant has a substantial lack
of memory of the subject matter of the statement, is presently
incompetent to testify, is unable to communicate about the abuse
or sexual conduct because of fear or other similar reason or is
substantially likely, as established by expert testimony, to
suffer lasting severe emotional trauma from testifying. Unless
otherwise agreed by the parties, the court shall examine the
declarant in chambers and on the record or outside the presence
of the jury and on the record. The examination shall be conducted
immediately prior to the commencement of the trial in the
presence of the attorney and the legal guardian or other suitable
person as designated by the court. If the declarant is found to
be unavailable, the court shall then determine the admissibility
of the evidence. The determinations shall be appealable under ORS
138.060 (1)(c) or (2)(a). The purpose of the examination shall be
to aid the court in making its findings regarding the
availability of the declarant as a witness and the reliability of
the statement of the declarant. In determining whether a
statement possesses indicia of reliability under this paragraph,
the court may consider, but is not limited to, the following
factors:
(A) The personal knowledge of the declarant of the event;
(B) The age and maturity of the declarant or extent of
disability if the declarant is a person with a developmental
disability;
(C) Certainty that the statement was made, including the
credibility of the person testifying about the statement and any
motive the person may have to falsify or distort the statement;
(D) Any apparent motive the declarant may have to falsify or
distort the event, including bias, corruption or coercion;
(E) The timing of the statement of the declarant;
(F) Whether more than one person heard the statement;
(G) Whether the declarant was suffering pain or distress when
making the statement;
(H) Whether the declarant's young age or disability makes it
unlikely that the declarant fabricated a statement that
Enrolled House Bill 2693 (HB 2693-B) Page 17
represents a graphic, detailed account beyond the knowledge and
experience of the declarant;
(I) Whether the statement has internal consistency or coherence
and uses terminology appropriate to the declarant's age or to the
extent of the declarant's disability if the declarant is a person
with a developmental disability;
(J) Whether the statement is spontaneous or directly responsive
to questions; and
(K) Whether the statement was elicited by leading questions.
(c) This subsection applies to all civil, criminal and juvenile
proceedings.
(d) This subsection applies to a child declarant, a declarant
who is an elderly person as defined in ORS 124.050 or an adult
declarant with a developmental disability. For the purposes of
this subsection, 'developmental disability' means any disability
attributable to mental retardation, autism, cerebral palsy,
epilepsy or other disabling neurological condition that requires
training or support similar to that required by persons with
mental retardation, if either of the following apply:
(A) The disability originates before the person attains 22
years of age, or if the disability is attributable to mental
retardation the condition is manifested before the person attains
18 years of age, the disability can be expected to continue
indefinitely, and the disability constitutes a substantial
handicap to the ability of the person to function in society.
(B) The disability results in a significant subaverage general
intellectual functioning with concurrent deficits in adaptive
behavior that are manifested during the developmental period.
(19) Reputation among members of a person's family by blood,
adoption or marriage, or among a person's associates, or in the
community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood or adoption or
marriage, ancestry, or other similar fact of a person's personal
or family history.
(20) Reputation in a community, arising before the controversy,
as to boundaries of or customs affecting lands in the community,
and reputation as to events of general history important to the
community or state or nation in which located.
(21) Reputation of a person's character among associates of the
person or in the community.
(22) Evidence of a final judgment, entered after a trial or
upon a plea of guilty, but not upon a plea of no contest,
adjudging a person guilty of a crime other than a traffic
offense, to prove any fact essential to sustain the judgment, but
not including, when offered by the government in a criminal
prosecution for purposes other than impeachment, judgments
against persons other than the accused. The pendency of an appeal
may be shown but does not affect admissibility.
(23) Judgments as proof of matters of personal, family or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.
(24) Notwithstanding the limits contained in subsection (18a)
of this section, in any proceeding in which a child under 12
years of age at the time of trial, or a person with a
developmental disability as described in subsection (18a)(d) of
this section, may be called as a witness to testify concerning an
act of abuse, as defined in ORS 419B.005, or sexual conduct
performed with or on the child or person with a developmental
disability by another, the testimony of the child or person with
a developmental disability taken by contemporaneous examination
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and cross-examination in another place under the supervision of
the trial judge and communicated to the courtroom by
closed-circuit television or other audiovisual means. Testimony
will be allowed as provided in this subsection only if the court
finds that there is a substantial likelihood, established by
expert testimony, that the child or person with a developmental
disability will suffer severe emotional or psychological harm if
required to testify in open court. If the court makes such a
finding, the court, on motion of a party, the child, the person
with a developmental disability or the court in a civil
proceeding, or on motion of the district attorney, the child or
the person with a developmental disability in a criminal or
juvenile proceeding, may order that the testimony of the child or
the person with a developmental disability be taken as described
in this subsection. Only the judge, the attorneys for the
parties, the parties, individuals necessary to operate the
equipment and any individual the court finds would contribute to
the welfare and well-being of the child or person with a
developmental disability may be present during the testimony of
the child or person with a developmental disability.
(25)(a) Any document containing data prepared or recorded by
the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E),
or pursuant to ORS 475.235 (4), if the document is produced by
data retrieval from the Law Enforcement Data System or other
computer system maintained and operated by the Oregon State
Police, and the person retrieving the data attests that the
information was retrieved directly from the system and that the
document accurately reflects the data retrieved.
(b) Any document containing data prepared or recorded by the
Oregon State Police that is produced by data retrieval from the
Law Enforcement Data System or other computer system maintained
and operated by the Oregon State Police and that is
electronically transmitted through public or private computer
networks under an electronic signature adopted by the Oregon
State Police if the person receiving the data attests that the
document accurately reflects the data received.
(c) Notwithstanding any statute or rule to the contrary, in any
criminal case in which documents are introduced under the
provisions of this subsection, the defendant may subpoena the
analyst, as defined in ORS 475.235 (6), or other person that
generated or keeps the original document for the purpose of
testifying at the preliminary hearing and trial of the issue.
Except as provided in ORS 44.550 to 44.566, no charge shall be
made to the defendant for the appearance of the analyst or other
person.
(26)(a) A statement that purports to narrate, describe, report
or explain an incident of domestic violence, as defined in ORS
135.230, made by a victim of the domestic violence within 24
hours after the incident occurred, if the statement:
(A) Was recorded, either electronically or in writing, or was
made to a peace officer as defined in ORS 161.015, corrections
officer, youth correction officer, parole and probation officer,
emergency medical technician or firefighter; and
(B) Has sufficient indicia of reliability.
(b) In determining whether a statement has sufficient indicia
of reliability under paragraph (a) of this subsection, the court
shall consider all circumstances surrounding the statement. The
court may consider, but is not limited to, the following factors
in determining whether a statement has sufficient indicia of
reliability:
Enrolled House Bill 2693 (HB 2693-B) Page 19
(A) The personal knowledge of the declarant.
(B) Whether the statement is corroborated by evidence other
than statements that are subject to admission only pursuant to
this subsection.
(C) The timing of the statement.
(D) Whether the statement was elicited by leading questions.
(E) Subsequent statements made by the declarant. Recantation by
a declarant is not sufficient reason for denying admission of a
statement under this subsection in the absence of other factors
indicating unreliability.
(27) A report prepared by a forensic scientist that contains
the results of a presumptive test conducted by the forensic
scientist as described in ORS 475.235, if the forensic scientist
attests that the report accurately reflects the results of the
presumptive test.
(28)(a) A statement not specifically covered by any of the
foregoing exceptions but having equivalent circumstantial
guarantees of trustworthiness, if the court determines that:
(A) The statement is relevant;
(B) The statement is more probative on the point for which it
is offered than any other evidence that the proponent can procure
through reasonable efforts; and
(C) The general purposes of the Oregon Evidence Code and the
interests of justice will best be served by admission of the
statement into evidence.
(b) A statement may not be admitted under this subsection
unless the proponent of it makes known to the adverse party the
intention to offer the statement and the particulars of it,
including the name and address of the declarant, sufficiently in
advance of the trial or hearing, or as soon as practicable after
it becomes apparent that such statement is probative of the
issues at hand, to provide the adverse party with a fair
opportunity to prepare to meet it.
SECTION 15. { + This 2011 Act takes effect on the 91st day
after the date on which the 2011 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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Passed by House May 10, 2011
Repassed by House June 17, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 15, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2693 (HB 2693-B) Page 20
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2693 (HB 2693-B) Page 21
