Bill Text: OR HB2710 | 2011 | Regular Session | Enrolled
Bill Title: Relating to courts; appropriating money; declaring an emergency; and providing for revenue raising that requires approval by a three-fifths majority.
Spectrum: Unknown
Status: (Passed) 2011-06-30 - Chapter 595, (2011 Laws): Effective date July 1, 2011. [HB2710 Detail]
Download: Oregon-2011-HB2710-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2710
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Joint Interim Committee on State Justice System Revenues)
CHAPTER ................
AN ACT
Relating to courts; creating new provisions; amending ORS 1.202,
2.560, 8.125, 9.572, 9.576, 9.820, 18.999, 20.190, 21.010,
21.125, 21.270, 21.615, 24.115, 24.135, 24.190, 34.340, 36.520,
36.522, 36.524, 36.610, 36.615, 46.405, 46.425, 46.455, 46.461,
46.465, 46.475, 46.488, 46.570, 51.080, 51.310, 52.635, 55.011,
55.095, 105.130, 105.938, 106.120, 107.434, 107.795, 109.100,
109.787, 110.426, 112.820, 114.515, 114.720, 125.060, 125.075,
125.605, 125.842, 125.845, 130.045, 130.355, 130.400, 133.055,
135.265, 135.921, 137.225, 137.540, 138.560, 166.274, 180.345,
181.823, 181.826, 182.040, 205.360, 305.490, 352.066, 417.825,
419B.529, 419B.555, 701.133, 813.210 and 813.240 and sections
2, 4, 6, 8, 10, 12, 13, 15, 17, 20, 22, 25, 26, 27, 29, 31, 32,
33, 35, 37 and 38, chapter 659, Oregon Laws 2009, section 37g,
chapter 885, Oregon Laws 2009, sections 35, 42, 45, 48 and 51,
chapter 107, Oregon Laws 2010, section 1, chapter 224, Oregon
Laws 2011 (Enrolled House Bill 2367), section 27, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), section 3, chapter
___, Oregon Laws 2011 (Enrolled House Bill 2104), and section
5, chapter ___, Oregon Laws 2011 (Enrolled House Bill 3075);
repealing ORS 1.204, 2.565, 9.574, 9.830, 9.840, 9.850, 21.040,
21.110, 21.111, 21.112, 21.114, 21.275, 21.310, 21.325, 21.335,
21.350, 21.420, 21.480, 21.580, 21.660, 21.670, 21.730, 21.990,
36.170, 108.130, 352.655, 458.350, 458.355, 458.360 and 458.365
and section 1, chapter 659, Oregon Laws 2009, sections 3 and 4,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408),
sections 2 and 5, chapter ___, Oregon Laws 2011 (Enrolled House
Bill 2104), and section 4, chapter ___, Oregon Laws 2011
(Enrolled House Bill 3075); appropriating money; declaring an
emergency; and providing for revenue raising that requires
approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
{ +
DEPOSIT OF COURT FEES AND CHARGES + }
SECTION 1. { + Transfers to General Fund. + } { + Except as
otherwise provided by law, all amounts collected as fees and
charges in the Supreme Court, the Court of Appeals, the Oregon
Tax Court and the circuit courts shall be transferred to the
State Court Administrator for deposit in the General Fund. + }
Enrolled House Bill 2710 (HB 2710-C) Page 1
SECTION 2. { + Section 1 of this 2011 Act applies to all fees
and charges collected in courts on or after the effective date of
this 2011 Act. + }
SECTION 3. { + Legislative intent relating to funding certain
programs, services and activities. It is the intent of the
Legislative Assembly that funding be provided to the following
entities by appropriations each biennium to fund programs,
services and activities that were funded through court fees
before the 2011-2013 biennium:
(1) To the counties of this state for the purposes of funding
mediation services, conciliation services and other services in
domestic relations cases.
(2) To the counties of this state for the purposes of funding
the operation of law libraries or of providing law library
services.
(3) To the Oregon University System to fund the programs and
expenses of the Mark O. Hatfield School of Government and the
University of Oregon School of Law under ORS 36.100 to 36.238 and
183.502.
(4) To the Housing and Community Services Department for the
purpose of funding programs that defray the cost of rent for
dwelling units for very low income households.
(5) To the Oregon University System to fund clinical legal
education programs at accredited institutions of higher education
that provide civil legal services to victims of domestic
violence, stalking or sexual assault.
(6) To the State Department of Agriculture for the purpose of
funding mediation programs established by the department, other
than individual farm credit mediations.
(7) To the Judicial Department for the purposes of funding the
appellate mediation program established under ORS 2.560.
(8) To the Department of Human Services for the funding of the
Office of Children's Advocate. + }
{ +
LEGAL AID + }
SECTION 3a. { + Legal Aid Account. (1) The Legal Aid Account
is established in the General Fund of the State Treasury. All
moneys in the account are continuously appropriated to the State
Court Administrator for the purpose of the distributions required
by this section. Interest earned by the account shall be credited
to the General Fund.
(2) Each month, the State Court Administrator shall transfer to
the Legal Aid Account, from amounts collected by the State Court
Administrator as fees and charges in the circuit courts, the
amounts necessary to make the distributions required by
subsection (3) of this section.
(3) Each biennium, the State Court Administrator shall
distribute to the Oregon State Bar $11.9 million from the Legal
Aid Account. Distributions under this section shall be made by
the State Court Administrator in eight quarterly installments of
equal amounts, with the first distribution to be made as soon as
possible after July 1, 2011. Amounts distributed to the Oregon
State Bar under this subsection may be used only for the funding
of the Legal Services Program established under ORS 9.572. + }
{ +
CIRCUIT COURT FILING FEES + }
Enrolled House Bill 2710 (HB 2710-C) Page 2
{ +
(Payment) + }
SECTION 4. { + Filing fees payable in advance. + } { + A
pleading or other document may be filed by the circuit court only
if the filing fee required by law is paid by the person filing
the document or a request for a fee waiver or deferral is granted
by the court. Filing fees are not refundable under any
circumstances. Unless otherwise specifically provided by
statute, the filing fee for an action or proceeding is the only
fee or charge that may be collected for the filing, whether by
the court or any other public body, as defined by ORS
174.109. + }
SECTION 5. { + Caption of pleading; amended pleadings. + }
{ + (1) The caption of any complaint or other document filed in
a circuit court for the purpose of commencing an action or other
civil proceeding must include a reference to the statute that
establishes the filing fee for the proceeding. If the proceeding
is subject to a filing fee established under section 15 of this
2011 Act, the caption must indicate the amount in controversy. If
the proceeding is subject to a filing fee established under
section 21 or 28 of this 2011 Act, the caption must indicate the
value of the estate.
(2) If at any time a party files an amended pleading in a
proceeding that is subject to a filing fee established under
section 15, 21 or 28 of this 2011 Act, and the pleading increases
the amount in controversy or the value of the estate in the
proceeding, the caption of the pleading must note that increased
amount. The court shall collect an additional filing fee from the
party filing the pleading that is equal to the difference between
the filing fee that was paid by the party when the original
pleading was filed and the filing fee that would have been
collected if the amount had been pleaded in the original
pleading.
(3) If at any time the court determines that a party has failed
to comply with the requirements of this section, the court may
require that the party pay all fees that should have been paid at
the time the document was filed. + }
SECTION 6. { + Section 5 of this 2011 Act applies only to
proceedings commenced on or after October 1, 2011. Any proceeding
commenced before October 1, 2011, shall continue to be governed
by the law in effect immediately before October 1, 2011. + }
{ +
(Standard Filing Fee) + }
SECTION 7. { + ORS 21.110 is repealed. + }
SECTION 7a. { + The repeal of ORS 21.110 by section 7 of this
2011 Act becomes operative immediately after the amendments to
ORS 21.110 by section 31, chapter 107, Oregon Laws 2010, become
operative under section 17, chapter 659, Oregon Laws 2009, as
amended by section 143 of this 2011 Act. + }
SECTION 8. { + Standard filing fee. (1) Unless a specific fee
is provided by other law for a proceeding, a circuit court shall
collect a filing fee of $240 when a complaint or other document
is filed for the purpose of commencing an action or other civil
proceeding and when an answer or other first appearance is filed
in the proceeding.
(2) The filing fee established by this section applies to:
(a) Proceedings in which only equitable remedies are sought.
Enrolled House Bill 2710 (HB 2710-C) Page 3
(b) Appeals from a conviction of a violation in justice or
municipal courts as provided in ORS 21.615.
(c) Interpleader actions.
(d) Adoptions under ORS chapter 109.
(e) Actions relating to a trust.
(f) Proceedings for judicial review of an agency order.
(g) Declaratory judgment actions.
(h) Any other action or proceeding that is statutorily made
subject to the fee established by this section and any other
civil proceeding for which a specific filing fee is not
provided. + }
SECTION 9. { + Section 8 of this 2011 Act applies only to
proceedings commenced on or after October 1, 2011. + }
{ +
(Domestic Relations Filing Fee) + }
SECTION 10. { + ORS 21.111 and 108.130 are repealed. + }
SECTION 11. { + Domestic relations filing fee. + } { + A
circuit court shall collect a filing fee of $260 when a complaint
or other document is filed for the purpose of commencing one of
the following proceedings and when an answer or other first
appearance is filed in the proceeding:
(1) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(2) Filiation proceedings under ORS 109.124 to 109.230.
(3) Proceedings under ORS 108.110, 109.100 and 109.103. + }
SECTION 12. { + Section 11 of this 2011 Act applies only to
proceedings commenced on or after October 1, 2011. + }
{ +
(Simple Proceeding Filing Fee) + }
SECTION 13. { + Simple proceeding filing fee. + } { + In the
following proceedings, a circuit court shall collect a filing fee
of $105 when a complaint or other document is filed for the
purpose of commencing an action or other proceeding and at the
time of filing an answer or other first appearance in the
proceeding:
(1) Applications for change of name under ORS 33.410.
(2) Applications for a legal change of sex under ORS 33.460.
(3) Guardianship proceedings under ORS chapter 125.
(4) Any other action or proceeding that is statutorily made
subject to the fee established by this section. + }
SECTION 14. { + Section 13 of this 2011 Act applies only to
proceedings commenced on or after October 1, 2011. + }
{ +
(Tort and Contract Actions) + }
SECTION 15. { + Filing fee for tort and contract actions. + }
{ + (1) A circuit court shall collect the following filing fees
when a complaint or other document is filed for the purpose of
commencing an action or other civil proceeding based on a tort or
contract and when an answer or other first appearance is filed in
the proceeding:
(a) If the amount claimed is $10,000 or less, the court shall
collect a filing fee of $150.
(b) If the amount claimed is more than $10,000 and less than
$50,000, the court shall collect a filing fee of $240.
Enrolled House Bill 2710 (HB 2710-C) Page 4
(c) If the amount claimed is more than $50,000, and less than
$1 million, the court shall collect a filing fee of $505.
(d) If the amount claimed is $1 million or more and less than
$10 million, the court shall collect a fee of $755.
(e) If the amount claimed is $10 million or more, the court
shall collect a filing fee of $1,005.
(2) The filing fees provided by this section apply to
proceedings for the foreclosure of a mortgage, lien or other
security interest. For the purposes of such proceedings, the
amount claimed is the amount of the debt secured by the mortgage,
lien or other security interest that is owing as of the date that
the proceeding is filed.
(3) The filing fees provided by this section apply to
proceedings for specific performance of a contract. For the
purposes of such proceedings, the amount claimed is the amount
owing under the contract on the date that the proceeding is
filed.
(4) A court shall collect the filing fees provided by this
section when an appeal from a justice court is filed under ORS
53.005 to 53.125 or a case is transferred from a justice court
under ORS 52.320.
(5) For purposes of this section, the amount claimed in a
proceeding does not include any amount claimed as attorney fees
or as costs and disbursements.
(6) For purposes of this section, the amount claimed in a
proceeding includes any penalty or forfeiture provided by statute
or arising out of contract. + }
SECTION 16. { + Section 15 of this 2011 Act applies only to
proceedings commenced on or after October 1, 2011. + }
{ +
(Filing Fees for Support Enforcement Cases) + }
SECTION 16a. { + The filing fees described sections 8, 11, 13
and 15 of this 2011 Act may not be charged to a district attorney
or to the Division of Child Support of the Department of Justice
for the filing of any proceeding related to the provision of
support enforcement services as described in ORS 25.080. + }
{ +
(Adoption and Change of Name) + }
SECTION 17. { + ORS 21.114 is repealed. + }
SECTION 18. ORS 419B.529 is amended to read:
419B.529. (1) Notwithstanding ORS 109.309, a prospective
adoptive parent is not required to file a petition for adoption
when:
(a) A juvenile court that is a circuit court has entered an
order of permanent commitment of a ward to the Department of
Human Services under ORS 419B.527 or the parent has signed and
the department has accepted a release and surrender to the
department and a certificate of irrevocability and waiver as
provided in ORS 418.270 regarding a child;
(b) The department has completed a home study as defined in ORS
109.304 that finds the prospective parent is suitable to adopt
the child or ward and the department consents to the adoption of
the child or ward by the prospective parent;
(c) A home study and a placement report requesting the juvenile
court to enter a judgment of adoption have been filed in the
juvenile court proceeding; and
Enrolled House Bill 2710 (HB 2710-C) Page 5
(d) At the time the placement report is filed under paragraph
(c) of this subsection, the prospective adoptive parent files the
adoption report form required under ORS 109.400.
(2) Notwithstanding { - ORS 21.114 - } { + section 8 of
this 2011 Act + }, the clerk of the juvenile court may not charge
or collect first appearance { - or hearing - } fees for a
proceeding under this section.
(3) After the filing of the home study and the placement report
requesting the court to enter a judgment of adoption, the
juvenile court that entered the order of permanent commitment may
proceed as provided in ORS 109.307 and 109.350 and may enter a
judgment of adoption.
(4) Records of adoptions filed and established under this
section shall be kept in accordance with, and are subject to, ORS
7.211.
SECTION 19. { + The amendments to ORS 419B.529 by section 18
of this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
{ +
(Probate) + }
SECTION 20. { + ORS 21.310 is repealed. + }
SECTION 21. { + Probate filing fees and accounting fees. + }
{ + (1) Except as provided in ORS 114.515, a probate court shall
collect the following filing fees for the filing of a petition
for the appointment of personal representative:
(a) If the value of the estate is less than $50,000, $240.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $505.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $755.
(d) If the value of the estate is $10 million or more, $1,005.
(2) A probate court shall collect the following fees for an
annual or final accounting filed in a probate proceeding:
(a) If the value of the estate is less than $50,000, $30.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $255.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $505.
(d) If the value of the estate is $10 million or more, $1,005.
(3) For the purpose of determining the value of the estate
under this section, the amount of a settlement in a wrongful
death action brought for the benefit of the decedent's surviving
spouse or dependents is not part of the estate.
(4) A person filing an appearance in a probate proceeding must
pay the fee established under section 8 of this 2011 Act.
(5) The fees established under this section apply to county
courts exercising probate jurisdiction. + }
SECTION 22. ORS 114.515 is amended to read:
114.515. (1) If the estate of a decedent meets the requirements
of subsection (2) of this section, any of the following persons
may file an affidavit with the clerk of the probate court in any
county where there is venue for a proceeding seeking the
appointment of a personal representative for the estate:
(a) One or more of the claiming successors of the decedent.
(b) If the decedent died testate, any person named as personal
representative in the decedent's will.
(c) The Director of Human Services, the Director of the Oregon
Health Authority or an attorney approved under ORS 114.517, if
Enrolled House Bill 2710 (HB 2710-C) Page 6
the decedent received public assistance pursuant to ORS chapter
411 or 414 or received care at an institution as defined in ORS
179.010, and it appears that the assistance or the cost of care
may be recovered from the estate of the decedent.
(2) An affidavit under this section may be filed only if:
(a) The fair market value of the estate is $275,000 or less;
(b) Not more than $75,000 of the fair market value of the
estate is attributable to personal property; and
(c) Not more than $200,000 of the fair market value of the
estate is attributable to real property.
(3) An affidavit under this section may not be filed until 30
days after the death of the decedent.
(4) An affidavit filed under the provisions of this section
must contain the information required in ORS 114.525 and shall be
made a part of the probate records. If the affiant is an attorney
approved by the Director of Human Services or the Director of the
Oregon Health Authority, a copy of the document approving the
attorney must be attached to the affidavit.
(5) In determining fair market value under this section, the
fair market value of the entire interest in the property included
in the estate shall be used without reduction for liens or other
debts.
(6) The clerk of the probate court shall charge and collect
{ - a fee of $23 - } { + the fee established under section 13
of this 2011 Act + } for the filing of any affidavit under this
section.
(7) Any error or omission in an affidavit filed under this
section may be corrected by filing an amended affidavit within
four months after the filing of the affidavit.
(8) One or more supplemental affidavits may be filed at any
time after the filing of an affidavit under this section for the
purpose of including property not described in the original
affidavit. Copies of all previously filed affidavits must be
attached to the supplemental affidavit and all information
required in ORS 114.525 must be reflected in the supplemental
affidavit. A supplemental affidavit may not be filed if by reason
of the additional property described in the supplemental
affidavit any limitation imposed by subsection (2) of this
section is exceeded.
SECTION 23. { + Section 21 of this 2011 Act and the amendments
to ORS 114.515 by section 22 of this 2011 Act apply only to
proceedings commenced on or after October 1, 2011. + }
SECTION 24. { + Section 25 of this 2011 Act is added to and
made a part of ORS 114.505 to 114.560. + }
SECTION 25. { + (1) A person filing a petition for summary
determination under ORS 114.540 or a petition for summary review
of administration of estate under ORS 114.550, or any other
appearance in a proceeding under ORS 114.505 to 114.560, must pay
the filing fee established under section 8 of this 2011 Act.
(2) If at any time after the filing of an affidavit under ORS
114.515 a petition for appointment of a personal representative
is filed for the same estate, the person filing the petition must
pay the fees established under section 21 of this 2011 Act. + }
SECTION 26. { + Section 25 of this 2011 Act applies only to
proceedings commenced on or after October 1, 2011. + }
{ +
(Protective Proceedings) + }
Enrolled House Bill 2710 (HB 2710-C) Page 7
SECTION 27. { + Guardianship filing fees. + } { + (1) A
circuit court shall collect the filing fee established under
section 13 of this 2011 Act for the filing of the initial
documents in a guardianship proceeding and for filing an
appearance in a guardianship proceeding.
(2) The fees established under this section apply to county
courts exercising probate jurisdiction. + }
SECTION 28. { + Conservatorship filing fees and accounting
fees. (1) The court shall collect the following filing fees for
the filing of the initial documents in a conservatorship
proceeding:
(a) If the value of the estate is less than $50,000, $240.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $505.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $755.
(d) If the value of the estate is $10 million or more, $1,005.
(2) The court shall collect the following fees for an annual or
final accounting filed in a conservatorship proceeding:
(a) If the value of the estate is less than $50,000, $30.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $255.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $505.
(d) If the value of the estate is $10 million or more, $1,005.
(3) For the purpose of determining the value of the estate
under this section, the amount of a settlement in a wrongful
death action brought for the benefit of the decedent's surviving
spouse or dependents is not part of the estate.
(4) Except as provided in subsection (1) of this section, at
the time of filing an appearance in a conservatorship proceeding
the party filing the appearance must pay the filing fee
established under section 8 of this 2011 Act.
(5) The fees established by this section apply to county courts
exercising probate jurisdiction. + }
SECTION 29. ORS 112.820 is amended to read:
112.820. (1) An attorney authorized to destroy a will under ORS
112.815 may proceed as follows:
(a) The attorney shall first publish a notice in a newspaper of
general circulation in the county of the last-known address of
the testator, if any, otherwise in the county of the principal
place of business of the attorney. The notice shall state the
name of the testator, the date of the will and the intent of the
attorney to destroy the will if the testator does not contact the
attorney within 90 days after the date of the notice.
(b) If the testator fails to contact the attorney within 90
days after the date of the notice, the attorney may destroy the
will.
(c) Within 30 days after destruction of the will, the attorney
shall file with the probate court in the county where the notice
was published an affidavit stating the name of the testator, the
name and relationship of each person named in the will whom the
testator identified as related to the testator by blood, adoption
or marriage, the date of the will, proof of the publication and
the date of destruction.
(d) The clerk of the probate court shall charge and collect
{ - a fee of $17 - } { + the fee established under section 13
of this 2011 Act + } for filing of the affidavit.
(2) If a will has not been admitted to probate within 40 years
following the death of the testator, an attorney having custody
Enrolled House Bill 2710 (HB 2710-C) Page 8
of the will may destroy the will without notice to any person or
court.
SECTION 30. ORS 130.045 is amended to read:
130.045. (1) For purposes of this section, 'interested persons'
means any settlor of a trust who is living, all beneficiaries of
the trust who have an interest in the subject of the agreement,
any acting trustee of the trust, and the Attorney General if the
trust is a charitable trust subject to the enforcement or
supervisory powers of the state or the Attorney General under the
provisions of ORS 128.610 to 128.750.
(2) Except as otherwise provided in subsection (3) of this
section, interested persons may enter into a binding nonjudicial
settlement agreement with respect to any matter involving a
trust.
(3) A nonjudicial settlement agreement is valid only to the
extent the agreement does not violate a material purpose of the
trust and includes terms and conditions that could be properly
approved by the court under this chapter or other applicable law.
(4) Matters that may be resolved by a nonjudicial settlement
agreement include:
(a) The interpretation or construction of the terms of the
trust or other writings that affect the trust.
(b) The approval of a trustee's report or accounting.
(c) Direction to a trustee to refrain from performing a
particular act or the grant to a trustee of any necessary or
desirable power.
(d) The resignation or appointment of a trustee and the
determination of a trustee's compensation.
(e) Transfer of a trust's principal place of administration.
(f) Liability of a trustee for an action or failure to act
relating to the trust.
(g) Determining classes of creditors, beneficiaries, heirs,
next of kin or other persons.
(h) Resolving disputes arising out of the administration or
distribution of the trust.
(i) Modifying the terms of the trust, including extending or
reducing the period during which the trust operates.
(5)(a) Any interested person may file a settlement agreement
entered into under this section, or a memorandum summarizing the
provisions of the agreement, with the circuit court for any
county where trust assets are located or where the trustee
administers the trust.
(b) After collecting the fee provided for in subsection (7)
{ - (a) - } of this section, the clerk shall enter the
agreement or memorandum of record in the court's register.
(c) Within five days after the filing of an agreement or
memorandum under this subsection, the person making the filing
must serve a notice of the filing and a copy of the agreement or
memorandum on each person interested in the trust whose address
is known at the time of the filing. Service may be made
personally, or by registered or certified mail, return receipt
requested. The notice of filing shall be substantially in the
following form:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled House Bill 2710 (HB 2710-C) Page 9
CAPTION NOTICE OF FILING OF
OF CASE SETTLEMENT AGREEMENT
OR MEMORANDUM OF
SETTLEMENT AGREEMENT
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
You are hereby notified that the attached document was filed by
the undersigned in the above entitled court on the ___ day of
____ , __. Unless you file objections to the agreement within 120
days after that date, the agreement will be approved and will be
binding on all persons interested in the trust.
If you file objections within the 120-day period, the court
will fix a time and place for a hearing. At least 10 days before
the date of that hearing, you must serve a copy of your
objections and give notice of the time and place of the hearing
to all persons interested in the trust. See ORS 130.045.
______________
Signature
_________________________________________________________________
(d) Proof of mailing of the notices required under this
subsection must be filed with the court. Proof of service may be
made by a certificate of service in the form provided by ORCP 7
F, by a signed acceptance of service or by a return receipt from
the postal authorities.
(e) If no objections are filed with the court within 120 days
after the filing of the agreement or memorandum, the agreement is
effective and binding on all persons interested in the trust.
(6)(a) If objections are filed with the court within 120 days
after the filing of a settlement agreement or memorandum under
this section, the clerk of the court shall collect the fee
provided in subsection (7) { - (a) - } of this section. Upon
the filing of objections, the court shall fix a time and place
for a hearing. The person filing the objections must serve a
copy of the objections on all persons interested in the trust and
give notice to those persons of the time and place fixed by the
court for a hearing. Service must be made at least 10 days before
the date set by the court for the hearing. Service of the
objections may be made personally or by registered or certified
mail, return receipt requested.
(b) Proof of mailing of objections must be filed with the
court. Proof of service may be made by a certificate of service
in the form provided by ORCP 7 F, by a signed acceptance of
service or by a return receipt from the postal authorities.
(c) The court shall approve an agreement entered into under
this section after a hearing upon objections filed under this
subsection unless:
(A) The agreement does not reflect the signatures of all
persons required by this section;
(B) The agreement is not authorized by this section; or
(C) Approval of the agreement would not be equitable.
(d) An agreement approved by the court after a hearing is
binding on all persons interested in the trust.
(e) Persons interested in the trust may waive the notice
required under subsection (5) of this section. If all persons
interested in the trust waive the notice, the agreement is
Enrolled House Bill 2710 (HB 2710-C) Page 10
effective and binding on all persons interested in the trust upon
filing of the agreement or memorandum with the court.
(7) { - (a) - } The clerk of the circuit court shall collect
in advance { - a fee of $65 - } { + the filing fees
established under section 8 of this 2011 Act + } for the filing
of an agreement or memorandum of agreement under subsection (5)
of this section { - , - } and { - a fee of $32.50 - } for
the filing of objections under subsection (6) of this section.
{ - (b) In addition to the filing fees provided for in
paragraph (a) of this subsection, the clerk shall charge and
collect in proceedings under this section all additional fees
authorized by law for civil actions, suits or proceedings in
circuit court. - }
{ - (c) A pleading or other document is not considered filed
unless the fees required by this subsection are paid. Filing fees
may not be refunded to any party. - }
SECTION 31. { + Sections 27 and 28 of this 2011 Act and the
amendments to ORS 112.820 and 130.045 by sections 29 and 30 of
this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
{ +
(Foreign Judgments) + }
SECTION 32. ORS 24.115 is amended to read:
24.115. (1) A copy of any foreign judgment authenticated in
accordance with the Act of Congress or the statutes of this state
may be filed in the office of the clerk of any circuit court of
any county of this state. { + Except as otherwise provided by
law, the person filing the copy of the foreign judgment must pay
the filing fee established under section 8 of this 2011 Act. + }
The clerk shall treat the foreign judgment in the same manner as
a judgment of the circuit court.
(2) A certified copy of any foreign judgment authenticated in
accordance with the Act of Congress or the statutes of this state
shall be recorded in the County Clerk Lien Record of any county
other than the county in which the judgment is originally filed,
in order to become a lien upon the real property of the judgment
debtor in that county as provided in ORS 18.152.
(3) A judgment so filed has the same effect and is subject to
the same procedures, defenses and proceedings for reopening,
vacating or staying as a judgment of the circuit court in which
the foreign judgment is filed, and may be enforced or satisfied
in like manner.
(4) A foreign judgment of a tribal court of a federally
recognized Indian tribe that is filed in a circuit court under
this section, and that otherwise complies with 26 U.S.C. 414(p)
as a domestic relations order as defined in 26 U.S.C. 414(p), is
a domestic relations order made pursuant to the domestic
relations laws of this state for the purposes of 26 U.S.C.
414(p).
SECTION 33. ORS 24.135 is amended to read:
24.135. (1) If the judgment debtor shows the court of any
county that an appeal from the foreign judgment is pending or
will be taken, or that a stay of execution has been granted, the
court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of
execution expires or is vacated, upon proof that the judgment
debtor has furnished the security for the satisfaction of the
judgment required by the state in which it was rendered.
Enrolled House Bill 2710 (HB 2710-C) Page 11
(2) If the judgment debtor shows the court of any county any
ground upon which enforcement of a judgment of any court of any
county of this state would be stayed, the court shall stay
enforcement of the foreign judgment for an appropriate period,
upon requiring the same security for satisfaction of the judgment
which is required in this state.
{ + (3) Any person making an appearance in proceedings
related to foreign judgments filed under ORS 24.115, including a
judgment debtor filing a proceeding seeking a stay of judgment
under this section or otherwise seeking relief from enforcement
of the judgment, must pay the filing fee established under
section 8 of this 2011 Act. + }
SECTION 34. ORS 109.787 is amended to read:
109.787. (1) A child custody determination issued by a court of
another state may be registered in this state, with or without a
simultaneous request for enforcement, by sending to any circuit
court in this state:
(a) A letter or other document requesting registration;
{ + (b) The filing fee established under section 13 of this
2011 Act; + }
{ - (b) - } { + (c) + } Two copies, including one certified
copy, of the determination sought to be registered and a
statement under penalty of perjury that to the best of the
knowledge and belief of the person seeking registration the order
has not been modified; and
{ - (c) - } { + (d) + } Except as otherwise provided in ORS
109.767, the name and address of the person seeking registration
and any parent or person acting as a parent who has been awarded
custody, parenting time or visitation in the child custody
determination sought to be registered.
(2) On receipt of the documents required by subsection (1) of
this section, the registering court shall cause the determination
to be filed as a foreign judgment, together with one copy of any
accompanying documents and information, regardless of their form.
(3) The person seeking registration of a child custody
determination shall serve notice upon the persons named under
subsection { - (1)(c) - } { + (1)(d) + } of this section
notifying them of the opportunity to contest the registration in
accordance with this section.
(4) The notice required by subsection (3) of this section must
state that:
(a) A registered determination is enforceable as of the date of
the registration in the same manner as a determination issued by
a court of this state;
(b) A hearing to contest the validity of the registered
determination must be requested within 21 days after service of
notice; and
(c) Failure to contest the registration will result in
confirmation of the child custody determination and preclude
further contest of that determination with respect to any matter
that could have been asserted.
(5) A person seeking to contest the validity of a registered
order must request a hearing within 21 days after service of the
notice { + and pay the filing fee established under section 13
of this 2011 Act + }. At that hearing, the court shall confirm
the registered order unless the person contesting registration
establishes that:
(a) The issuing court did not have jurisdiction under ORS
109.741 to 109.771;
Enrolled House Bill 2710 (HB 2710-C) Page 12
(b) The child custody determination sought to be registered has
been vacated, stayed or modified by a court having jurisdiction
to do so under ORS 109.741 to 109.771; or
(c) The person contesting registration was entitled to notice,
but notice was not given in accordance with the standards of ORS
109.724, in the proceedings before the court that issued the
order for which registration is sought.
(6) If a timely request for a hearing to contest the validity
of the registration is not made, the registration is confirmed as
a matter of law and the person requesting registration and all
persons served must be notified of the confirmation.
(7) Confirmation of a registered order, whether by operation of
law or after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted at
the time of registration.
SECTION 35. ORS 110.426 is amended to read:
110.426. A party or support enforcement agency seeking to
modify, or to modify and enforce, a child support order issued in
another state shall register that order in this state in the same
manner provided in ORS 110.405, 110.408 and 110.411 if the order
has not been registered. A petition for modification may be filed
at the same time as a request for registration, or later. The
pleading must specify the grounds for modification. { + The
person filing the request for registration, and any other person
making an appearance in the proceeding, must pay the filing fee
established under section 13 of this 2011 Act. + }
SECTION 36. ORS 125.842 is amended to read:
125.842. If a guardian has been appointed in another state and
a petition for the appointment of a guardian is not pending in
this state, the guardian appointed in the other state, after
giving notice to the appointing court of an intent to register,
may register the guardianship order in this state by filing as a
foreign judgment in a court, in any appropriate county of this
state, certified copies of the order and letters of office. { +
The person registering the order, and any other person making an
appearance in the proceeding, must pay the filing fee established
under section 13 of this 2011 Act. + }
SECTION 37. ORS 125.845 is amended to read:
125.845. If a conservator has been appointed in another state
and a petition for a conservatorship order is not pending in this
state, the conservator appointed in the other state, after giving
notice to the appointing court of an intent to register, may
register the conservatorship order in this state by filing as a
foreign judgment in a court of this state, in any county in which
property belonging to the protected person is located, certified
copies of the order and letters of office and of any bond. { +
The person registering the order, and any other person making an
appearance in the proceeding, must pay the filing fee established
under section 13 of this 2011 Act. + }
SECTION 38. { + The amendments to ORS 24.115, 24.135, 109.787,
110.426, 125.842 and 125.845 by sections 32 to 37 of this 2011
Act apply only to proceedings commenced on or after October 1,
2011. + }
{ +
(Habeas Corpus Proceedings) + }
SECTION 39. ORS 34.340 is amended to read:
34.340. The writ shall be allowed by the court or judge thereof
upon the petition of the party for whose relief it is intended,
Enrolled House Bill 2710 (HB 2710-C) Page 13
or of some other person in behalf of the party, signed and
verified by the oath of the plaintiff, to the effect that the
plaintiff believes it to be true. The petition must be
accompanied by { - a - } { + the + } filing fee { - of
$28 - } { + established under section 8 of this 2011 Act + }.
SECTION 40. { + The amendments to ORS 34.340 by section 39 of
this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
{ +
(Arbitration-Related Proceedings) + }
SECTION 41. ORS 36.520 is amended to read:
36.520. (1) Recourse to a court against an arbitral award may
only be by an application for setting aside in accordance with
subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the circuit court
only if:
(a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS
36.466 was under some incapacity or that the agreement is not
valid under the law to which the parties have subjected it or,
failing any indication thereon, under the laws of the State of
Oregon or the United States;
(B) The party making the application was not given proper
notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present the party's case;
(C) The award deals with a dispute not contemplated by or not
falling within the terms of the submission to arbitration or
contains decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters not
submitted to arbitration can be separated from those not so
submitted, only that part of the award which contains decisions
on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the
parties, unless such agreement was in conflict with a provision
of ORS 36.450 to 36.558 from which the parties cannot derogate,
or, failing such agreement, was not in accordance with ORS 36.450
to 36.558; or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of
settlement by arbitration under the laws of the State of Oregon
or of the United States; or
(B) The award is in conflict with the public policy of the
State of Oregon or of the United States.
(3) An application for setting aside may not be made after
three months have elapsed from the date on which the party making
that application had received the award or, if a request had been
made under ORS 36.518, from the date on which that request had
been disposed of by the arbitral tribunal.
(4) The circuit court, when asked to set aside an arbitral
award, may, where appropriate and so requested by a party,
suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such
other action as in the arbitral tribunal's opinion will eliminate
the grounds for setting aside.
(5) The clerk of the circuit court shall collect { + the
filing fees established under section 8 of this 2011 Act + } from
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the party making application for setting aside under subsection
(1) of this section { - a filing fee of $39 - } and from a
party filing an appearance in opposition to the
application { + . + } { - a filing fee of $39. However, if the
application relates to an arbitral award made following an
application or request to a circuit court under any section of
ORS 36.450 to 36.558 in respect to which the parties have paid
filing fees under ORS 21.110, filing fees shall not be collected
under this subsection. An application for setting aside or an
appearance in opposition thereto shall not be deemed filed unless
the fee required by this subsection is paid by the filing
party. - }
SECTION 42. ORS 36.522 is amended to read:
36.522. (1) An arbitral award, irrespective of the country in
which it was made, shall be recognized as binding and, upon
application in writing to the circuit court, shall be enforced
subject to the provisions of this section and ORS 36.524.
(2) The party relying on an award or applying for its
enforcement shall supply the authenticated original or a
certified copy of the award and the original or certified copy of
the arbitration agreement referred to in ORS 36.466. If the award
or agreement is not made in the English language, then the party
relying on the award or applying for its enforcement shall supply
a duly certified translation thereof into the English language.
(3) The party relying on an arbitral award or applying for its
enforcement shall deliver to the clerk of the circuit court the
documents specified in subsection (2) of this section along with
proof of the delivery of a copy of the arbitral award as required
by ORS 36.514 (4). The relying party shall pay to the clerk
{ - a - } { + the + } filing fee { - of $25 - } { +
established under section 8 of this 2011 Act + }, after which the
clerk shall enter the arbitral award of record in the office of
the clerk. If no application to set aside is filed against the
arbitral award as provided in ORS 36.520 within the time
specified in ORS 36.520 (3) or, if such an application is filed,
the relying party after the disposition of the application
indicates the intention to still rely on the award or to apply
for its enforcement, judgment shall be entered as upon the
verdict of a jury, and execution may issue thereon, and the same
proceedings may be had upon the award with like effect as upon a
verdict in a civil action.
SECTION 43. ORS 36.524 is amended to read:
36.524. (1) Recognition or enforcement of an arbitral award,
irrespective of the country in which it was made, may be refused
only:
(a) At the request of the party against whom it is invoked, if
that party pays the clerk of the circuit court { - a - } { +
the + } filing fee { - of $25 - } { + established under
section 8 of this 2011 Act + } and furnishes to the court where
recognition or enforcement is sought proof that:
(A) A party to the arbitration agreement referred to in ORS
36.466 was under some incapacity or that the agreement is not
valid under the law to which the parties have subjected it or
under the law of the country where the award was made;
(B) The party against whom the award is invoked was not given
proper notice of the appointment of an arbitrator or of the
arbitral proceedings or was otherwise unable to present the
party's case;
(C) The arbitral award deals with a dispute not contemplated by
or not falling within the terms of the submission to arbitration
Enrolled House Bill 2710 (HB 2710-C) Page 15
or the award contains decisions on matters beyond the scope of
the submission to arbitration, provided that, if the decisions on
matters submitted to arbitration can be separated from those not
so submitted, that part of the award which contains decisions on
matters submitted to arbitration may be recognized and enforced;
(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the parties
or, failing such agreement, was not in accordance with the law of
the country where the arbitration took place; or
(E) The award has not yet become binding on the parties or has
been set aside or suspended by a court of the country in which,
or under the law of which, that award was made; or
(b) If the court finds that:
(A) The subject matter of the dispute is not capable of
settlement by arbitration under the laws of the State of Oregon
or of the United States; or
(B) The recognition or enforcement of the arbitral award would
be contrary to the public policy of the State of Oregon or of the
United States.
(2) If an application for setting aside or suspension of an
award has been made to the court referred to in subsection
(1)(a)(E) of this section, and if it considers it proper, the
court where recognition or enforcement is sought may adjourn its
decision on application of the party claiming recognition or
enforcement of the award. The court may also order the other
party to provide appropriate security.
SECTION 44. ORS 36.615, as amended by sections 40 and 41,
chapter 107, Oregon Laws 2010, is amended to read:
36.615. (1) { - (a) - } Except as otherwise provided in ORS
36.730, an application for judicial relief under ORS 36.600 to
36.740 must be made by petition to the court. { + The petitioner
and the respondent must pay the filing fees established under
section 8 of this 2011 Act. + } { - Except as otherwise
provided in this subsection, a person filing the first petition
relating to an agreement to arbitrate or relating to an
arbitration proceeding must pay the filing fee provided by ORS
21.110 (1) for plaintiffs, and persons responding to the petition
must pay the filing fee provided by ORS 21.110 (1) for
defendants. If subsequent petitions are filed relating to the
same agreement to arbitrate or arbitration proceeding, no
additional filing fees shall be required of the parties. - }
{ - (b) If the first petition relating to an arbitration
proceeding is a petition to seek confirmation, vacation,
modification or correction of an award under ORS 36.700, 36.705
or 36.710, the person filing the petition must pay a fee of $39,
and a person filing an appearance in opposition to the petition
must pay a filing fee of $39. - }
{ - (c) If a civil action is pending relating to the same
dispute that is the subject of the arbitration, and filing fees
were paid for that action under ORS 21.110, filing fees may not
be charged under this subsection for the filing of any petition
under ORS 36.600 to 36.740. - }
(2) Unless a civil action involving the agreement to arbitrate
is pending, notice of a first petition to the court under ORS
36.600 to 36.740 { - , - } must be served in the manner
provided by ORCP 7 D. Otherwise, notice of the petition must be
given in the manner provided by ORCP 9.
SECTION 45. { + The amendments to ORS 36.520, 36.522, 36.524
and 36.615 by sections 41 to 44 of this 2011 Act apply only to
proceedings commenced on or after October 1, 2011. + }
Enrolled House Bill 2710 (HB 2710-C) Page 16
{ +
(Small Claims) + }
SECTION 46. ORS 46.570 is amended to read:
46.570. { - (1) In the small claims department of circuit
court there shall be charged and collected in civil cases by the
clerk of the court the following fees for the following purposes
and services: - }
{ - (a)(A) Plaintiff filing a claim, $26 when the amount or
value claimed does not exceed $1,500, and $55 when the amount or
value claimed exceeds $1,500; and - }
{ - (B) Defendant demanding a hearing, $24 when the amount or
value claimed by plaintiff does not exceed $1,500, and $50 when
the amount or value claimed by plaintiff exceeds $1,500. - }
{ - (b) Transcription of judgment from small claims
department, $7. - }
{ - (c) Transfer of cause to circuit court on counterclaim,
$12. - }
{ - (2) Except as otherwise provided in subsection (1) of
this section, fees provided for in this section shall be
collected in advance. A pleading or other document shall be filed
by the clerk only if the required fee is paid or if a request for
a fee waiver or deferral is granted by the court. Fees provided
for in this section may not be refunded. - } { + The small
claims department of a circuit court shall collect the following
filing fees from the plaintiff when a claim is filed in the
court, and from the defendant when the defendant demands a
hearing:
(1) $50, when the amount claimed is $2,500 or less; and
(2) $90, when the amount is more than $2,500. + }
SECTION 47. ORS 46.405 is amended to read:
46.405. (1) Except as provided in subsection (6) of this
section, each circuit court shall have a small claims department.
(2) Except as provided in this section, all actions for the
recovery of money, damages, specific personal property, or any
penalty or forfeiture must be commenced and prosecuted in the
small claims department if the amount or value claimed in the
action does not exceed $750.
(3) Except as provided in this section { - and ORS 46.455
(2)(c) - } , an action for the recovery of money, damages,
specific personal property, or any penalty or forfeiture may be
commenced and prosecuted in the small claims department if the
amount or value claimed in the action does not exceed
{ - $7,500 - } { + $10,000 + }.
(4) Class actions may not be commenced and prosecuted in the
small claims department.
(5) Actions providing for statutory attorney fees in which the
amount or value claimed does not exceed $750 may be commenced and
prosecuted in the small claims department or may be commenced and
prosecuted in the regular department of the circuit court. This
subsection does not apply to an action based on contract for
which attorney fees are authorized under ORS 20.082.
(6) If a circuit court is located in the same city as a justice
court, the circuit court need not have a small claims department
if the circuit court and the justice court enter into an
intergovernmental agreement that provides that only the justice
court will operate a small claims department. If an
intergovernmental agreement is entered into under this
subsection, the agreement must establish appropriate procedures
for referring small claims cases to the justice court.
Enrolled House Bill 2710 (HB 2710-C) Page 17
SECTION 48. ORS 46.425 is amended to read:
46.425. (1) An action in the small claims department shall be
commenced by the plaintiff's filing with the clerk of the court a
verified claim in the form prescribed by the court { - , and by
paying the fee prescribed by ORS 46.570 (1)(a) for each action
filed - } .
(2) The claim shall contain the name and address of the
plaintiff and of the defendant, followed by a plain and simple
statement of the claim, including the amount and the date the
claim allegedly accrued. The claim shall include an affidavit
signed by the plaintiff and stating that the plaintiff made a
bona fide effort to collect the claim from the defendant before
filing the claim with the clerk.
(3) Except in actions arising under ORS chapter 90, the
plaintiff must include in a claim all amounts claimed from the
defendant arising out of a single transaction or occurrence. Any
plaintiff alleging damages on a transaction requiring installment
payments need only claim the installment payments due and owing
as of the date of filing of the claim, and need not accelerate
the remaining payments. The plaintiff may include in a claim all
amounts claimed from a defendant on more than one transaction or
occurrence if the total amount of the claim does not exceed
{ - $7,500 - } { + $10,000 + }.
(4) Notwithstanding subsection (3) of this section, a plaintiff
bringing an action on assigned claims:
(a) Need bring an action only on those claims that have been
assigned as of the date the action is filed; and
(b) May bring separate actions for each person assigning claims
to the plaintiff.
SECTION 49. ORS 46.455 is amended to read:
46.455. Within 14 days after the date of service of the notice
and claim upon the defendant as provided in ORS 46.445:
(1) If the defendant admits the claim, the defendant may settle
it by:
(a) Paying to the plaintiff the amount of the claim plus the
amount of all filing fees and service expenses paid by the
plaintiff and mailing proof of that payment to the court.
(b) If the claim is for recovery of specific personal property,
delivering the property to the plaintiff and paying to the
plaintiff the amount of all filing fees and service expenses paid
by the plaintiff and mailing proof of that delivery and payment
to the court.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a
written request to the clerk in the form prescribed by the court,
accompanied by payment of the defendant's fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the
form provided by the court { - ; or - } { + . + }
{ - (c) - } { + (3) + } If the amount or value claimed
exceeds $750, { + the defendant + } has a constitutional right
to a jury trial and may claim that right in a written request to
the clerk in the form prescribed by the court, accompanied by
payment of the appearance fee required from defendants { - in
circuit court actions together with the amount of the circuit
court jury trial fee for the first day of trial - } { + under
section 15 of this 2011 Act + }. The request shall designate a
mailing address to which a summons and copy of the complaint may
be served by mail. Thereafter, the plaintiff's claim will not be
limited to the amount stated in the claim, though it must involve
the same controversy.
Enrolled House Bill 2710 (HB 2710-C) Page 18
SECTION 50. ORS 46.461 is amended to read:
46.461. (1) The defendant in an action in the small claims
department may assert as a counterclaim any claim that, on the
date of issuance of notice pursuant to ORS 46.445, the defendant
may have against the plaintiff and that arises out of the same
transaction or occurrence that is the subject matter of the claim
filed by the plaintiff.
(2) If the amount or value of the counterclaim exceeds
{ - $7,500 - } { + $10,000 + }, the court shall strike the
counterclaim and proceed to hear and dispose of the case as
though the counterclaim had not been asserted unless the
defendant files with the counterclaim a motion requesting that
the case be transferred from the small claims department to the
circuit court. After the transfer the plaintiff's claim will not
be limited to the amount stated in the claim filed with the small
claims department, though it must involve the same controversy.
(3)(a) If the amount or value of the counterclaim exceeds that
specified in subsection (2) of this section, and the defendant
files a motion requesting transfer as provided in subsection (2)
of this section, the case shall be transferred to the circuit
court. The clerk of the court shall notify the plaintiff and
defendant, by mail, of the transfer. The notice to the plaintiff
shall contain a copy of the counterclaim and shall instruct the
plaintiff to file with the court and serve by mail on the
defendant, within 20 days following the mailing of the notice, a
reply to the counterclaim and, if the plaintiff proposes to
increase the amount of the claim originally filed with the small
claims department, an amended claim for the increased amount.
Proof of service on the defendant of the plaintiff's reply and
amended claim may be made by certificate of the plaintiff or
plaintiff's attorney attached to the reply and amended claim
filed with the court. The defendant is not required to answer an
amended claim of the plaintiff.
(b) Upon filing the motion requesting transfer, the defendant
shall pay to the clerk of the court { - the transfer fee
required by ORS 46.570 (1)(c) and - } an amount equal to the
difference between the fee paid by the defendant as required by
ORS 46.570 { - (1)(a) - } and the fee required of a defendant
{ - by ORS 21.110 - } { + under section 15 of this 2011
Act + }. Upon filing a reply to the counterclaim, the plaintiff
shall pay to the clerk of the court an amount equal to the
difference between the fee paid by the plaintiff as required by
ORS 46.570 { - (1)(a) - } and the fee required of a plaintiff
{ - by ORS 21.110 - } { + under section 15 of this 2011
Act + }.
SECTION 51. ORS 46.465 is amended to read:
46.465. (1) If the defendant demands a hearing in the small
claims department, under the direction of the court the clerk
shall fix a day and time for the hearing and shall mail to the
parties a notice of the hearing time in the form prescribed by
the court, instructing them to bring witnesses, documents and
other evidence pertinent to the controversy.
(2) If the defendant asserts a counterclaim, the notice of the
hearing time shall contain a copy of the counterclaim.
(3)(a) If the defendant claims the right to a jury trial, the
clerk shall notify the plaintiff by mail of the requirements of
this paragraph. Within 20 days after the mailing of the notice,
the plaintiff must file a formal complaint with the court and
serve by mail a summons and copy of the complaint on the
defendant at the designated address of the defendant. Proof of
Enrolled House Bill 2710 (HB 2710-C) Page 19
service must be filed by the plaintiff with the court. Proof of
service may be made by filing a certificate of the plaintiff or
the plaintiff's attorney with the complaint.
(b) The plaintiff's claim in the formal complaint filed
pursuant to this subsection is not limited to the amount stated
in the claim filed in the small claims department, but the claim
in the formal complaint must relate to the same controversy.
(c) The defendant must file an appearance in the matter within
10 days after the date on which the summons and copy of the
complaint would be delivered to the defendant in due course of
mail. Thereafter the cause shall proceed as other causes in the
court, and costs and disbursements shall be allowed and taxed.
Fees not previously paid shall be charged and collected as
provided for other cases tried in the circuit court, except that
the { - appearance - } { + filing + } fee for the plaintiff
shall be an amount equal to the difference between the
{ + filing + } fee paid by the plaintiff as required by ORS
46.570 and the { + filing + } fee required of the plaintiff
under { - ORS 21.110 - } { + section 15 of this 2011 Act + }.
(4)(a) If the defendant claims the right to a jury trial and
does not prevail in the action, the court shall award to the
plaintiff reasonable attorney fees incurred by the plaintiff in
the action. Unless attorney fees are otherwise provided for in
the action by contract or statutory provision, attorney fees
awarded under this paragraph may not exceed $1,000.
(b) If the defendant asserts a counterclaim that requires
transfer of the matter under the provisions of ORS 46.461, and
the defendant does not prevail in the action, the court shall
award to the plaintiff reasonable attorney fees incurred by the
plaintiff in the action.
SECTION 52. ORS 46.475 is amended to read:
46.475. (1) Upon written request, the court may extend to the
parties additional time within which to make formal appearances
required in the small claims department of a circuit court.
(2) If the defendant fails to pay the claim, demand a hearing,
or demand a jury trial and comply with ORS 46.465 (3)(c), upon
written request from the plaintiff the clerk shall enter a
judgment against the defendant for the relief claimed plus the
amount of the small claims filing fees and service expenses paid
by the plaintiff and the prevailing party fee provided by ORS
20.190.
(3) If the plaintiff fails within the time provided to file a
formal complaint pursuant to ORS 46.465 (3)(a), the clerk shall
{ - : - }
{ - (a) - } dismiss the case without prejudice { + . + }
{ - ; and - }
{ - (b) If the defendant applies therefor in writing to the
clerk not later than 30 days after the expiration of the time
provided for the plaintiff to file a formal complaint, refund to
the defendant the amount of the jury trial fee paid by the
defendant under ORS 46.455 (2)(c). - }
(4) If the defendant appears at the time set for hearing but no
appearance is made by the plaintiff, the claim shall be dismissed
with prejudice. If neither party appears, the claim shall be
dismissed without prejudice.
(5) Upon good cause shown within 60 days, the court may set
aside a default judgment or dismissal and reset the claim for
hearing.
SECTION 52a. ORS 51.080 is amended to read:
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51.080. (1) A justice court has jurisdiction, but not
exclusive, of the following actions:
(a) For the recovery of money or damages only, when the amount
claimed does not exceed { - $7,500 - } { + $10,000 + }.
(b) For the recovery of specific personal property, when the
value of the property claimed and the damages for the detention
do not exceed { - $7,500 - } { + $10,000 + }.
(c) For the recovery of any penalty or forfeiture, whether
given by statute or arising out of contract, not exceeding
{ - $7,500 - } { + $10,000 + }.
(d) To give judgment without action, upon the confession of the
defendant for any of the causes specified in this section, except
for a penalty or forfeiture imposed by statute.
(2) For purposes of this section, the amount claimed, value of
property, damages or any amount in controversy does not include
any amount claimed as costs and disbursements or attorney fees as
defined by ORCP 68 A.
SECTION 52b. ORS 51.310 is amended to read:
51.310. (1) Except as provided in ORS 105.130, the justice of
the peace shall collect, in advance except in criminal cases, and
issue receipts for, the following fees:
(a) For the first appearance of the plaintiff, { - $30 - }
{ + $40 + }.
(b) For the first appearance of the defendant, { - $22.50 - }
{ + $40 + }.
(c) In the small claims department, for a plaintiff filing a
claim, { - $22.50 - } { + $28 + }; and for a defendant
requesting a hearing,
{ - $15 - } { + $28 + }.
(d) For transcript of judgment, $6.
(e) For transcript of judgment from the small claims
department, { - $5 - } { + $6 + }.
(f) For certified copy of judgment, { - $3.50 - } { +
$6 + }.
(g) For issuing writs of execution or writs of garnishment,
{ - $5 - } { + $6 + } for each writ.
(h) For taking an affidavit of a private party, $1.
(i) For taking depositions, for each folio, 70 cents.
(j) For supplying to private parties copies of records and
files, the same fees as provided or established for the county
clerk under ORS 205.320.
(k) For each official certificate, $1.
(L) For taking and certifying for a private party an
acknowledgment of proof of any instrument, $3.
(m) Costs in criminal cases, where there has been a conviction,
or upon forfeiture of security, $5.
(2) Not later than the last day of the month immediately
following the month in which fees set forth in subsection (1) of
this section are collected, the justice of the peace shall pay
all such fees, other than those for performing marriage
ceremonies, over to the county treasurer of the county wherein
the justice of the peace was elected or appointed, for crediting
to the general fund of the county, and shall take the receipt of
the treasurer therefor.
SECTION 53. ORS 55.011 is amended to read:
55.011. (1) Except as provided in subsection (8) of this
section, in each justice court created under any law of this
state there shall be a small claims department.
(2) Except as provided in this section, all actions for the
recovery of money, damages, specific personal property, or any
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penalty or forfeiture must be commenced and prosecuted in the
small claims department if the amount or value claimed in the
action does not exceed $750.
(3) Except as provided in this section { - and ORS 46.455
(2)(c) - } , an action for the recovery of money, damages,
specific personal property, or any penalty or forfeiture may be
commenced and prosecuted in the small claims department if the
amount or value claimed in the action does not exceed
{ - $7,500 - } { + $10,000 + }.
(4) Class actions may not be commenced and prosecuted in the
small claims department.
(5) Actions providing for statutory attorney fees in which the
amount or value claimed does not exceed $750 may be commenced and
prosecuted in the small claims department or may be commenced and
prosecuted in the regular department of the justice court. This
subsection does not apply to an action based on contract for
which attorney fees are authorized under ORS 20.082.
(6) Jurisdiction of the person of the defendant in an action
commenced in the small claims department shall be deemed acquired
as of the time of service of the notice and claim.
(7) Except as provided in ORS 55.065 (2)(c), the provisions of
ORS 55.020 to 55.140 shall apply with regard to proceedings in
the small claims department of any justice court.
(8) If a justice court is located in the same city as a circuit
court, the justice court need not have a small claims department
if the justice court and the circuit court enter into an
intergovernmental agreement that provides that only the circuit
court will operate a small claims department. If an
intergovernmental agreement is entered into under this
subsection, the agreement must establish appropriate procedures
for referring small claims cases to the circuit court.
SECTION 53a. ORS 55.095 is amended to read:
55.095. (1) The defendant in an action in the small claims
department may assert as a counterclaim any claim that, on the
date of issuance of notice pursuant to ORS 55.045, the defendant
may have against the plaintiff and that arises out of the same
transaction or occurrence that is the subject matter of the claim
filed by the plaintiff.
(2) If the amount of the counterclaim asserted by the defendant
exceeds { - $7,500 - } { + $10,000 + }, the justice of the
peace shall strike the counterclaim and proceed to hear and
dispose of the case as though the counterclaim had not been
asserted unless the defendant files with the counterclaim a
motion requesting that the case be transferred from the small
claims department to a court of appropriate jurisdiction and an
amount to pay the costs of the transfer. After the transfer the
plaintiff's claim will not be limited to the amount stated in the
claim filed with the justice of the peace, though it must involve
the same controversy.
(3)(a) If the amount or value of the counterclaim exceeds the
jurisdictional limit of the justice court for a counterclaim and
the defendant files a motion requesting transfer and an amount to
pay the costs of transfer as provided in subsection (2) of this
section, the case shall be transferred to the circuit court for
the county in which the justice court is located and be governed
as provided in ORS 52.320 for transfers to the circuit court. The
justice court shall notify the plaintiff and defendant, by mail
within 10 days following the order of transfer, of the transfer.
The notice to the plaintiff shall contain a copy of the
counterclaim and shall inform the plaintiff as to further
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pleading by the plaintiff in the court of appropriate
jurisdiction.
(b) Upon filing the motion requesting transfer, the defendant
shall pay to the court of appropriate jurisdiction an amount
equal to the difference between the fee paid by the defendant as
required by ORS 51.310 (1)(c) and the appearance fee for a
defendant in the court of appropriate jurisdiction.
SECTION 53b. ORS 133.055 is amended to read:
133.055. (1) A peace officer may issue a criminal citation to a
person if the peace officer has probable cause to believe that
the person has committed a misdemeanor or has committed any
felony that is subject to misdemeanor treatment under ORS
161.705. The peace officer shall deliver a copy of the criminal
citation to the person. The criminal citation shall require the
person to appear at the court of the magistrate before whom the
person would be taken pursuant to ORS 133.450 if the person were
arrested for the offense.
(2)(a) Notwithstanding the provisions of subsection (1) of this
section, when a peace officer responds to an incident of domestic
disturbance and has probable cause to believe that an assault has
occurred between family or household members, as defined in ORS
107.705, or to believe that one such person has placed the other
in fear of imminent serious physical injury, the officer shall
arrest and take into custody the alleged assailant or potential
assailant.
(b) When the peace officer makes an arrest under paragraph (a)
of this subsection, the peace officer is not required to arrest
both persons.
(c) When a peace officer makes an arrest under paragraph (a) of
this subsection, the peace officer shall make every effort to
determine who is the assailant or potential assailant by
considering, among other factors:
(A) The comparative extent of the injuries inflicted or the
seriousness of threats creating a fear of physical injury;
(B) If reasonably ascertainable, the history of domestic
violence between the persons involved;
(C) Whether any alleged crime was committed in self-defense;
and
(D) The potential for future assaults.
(3) Whenever any peace officer has reason to believe that a
family or household member, as defined in ORS 107.705, has been
abused as defined in ORS 107.705 or that an elderly person or a
person with a disability has been abused as defined in ORS
124.005, that officer shall use all reasonable means to prevent
further abuse, including advising each person of the availability
of a shelter or other services in the community and giving each
person immediate notice of the legal rights and remedies
available. The notice shall consist of handing each person a copy
of the following statement:
_________________________________________________________________
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can
ask the district attorney to file a criminal complaint. You also
have the right to go to the circuit court and file a petition
requesting any of the following orders for relief: (a) An order
restraining your attacker from abusing you; (b) an order
directing your attacker to leave your household; (c) an order
preventing your attacker from entering your residence, school,
business or place of employment; (d) an order awarding you or the
other parent custody of or parenting time with a minor child or
Enrolled House Bill 2710 (HB 2710-C) Page 23
children; (e) an order restraining your attacker from molesting
or interfering with minor children in your custody; (f) an order
awarding you other relief the court considers necessary to
provide for your or your children's safety, including emergency
monetary assistance. Such orders are enforceable in every state.
You may also request an order awarding support for minor
children in your care or for your support if the other party has
a legal obligation to support you or your children.
You also have the right to sue for losses suffered as a result
of the abuse, including medical and moving expenses, loss of
earnings or support, and other out-of-pocket expenses for
injuries sustained and damage to your property. This can be done
without an attorney in the small claims department of a court if
the total amount claimed is under { - $7,500 - } { +
$10,000 + }.
Similar relief may also be available in tribal courts.
For further information you may contact: ___.
_________________________________________________________________
SECTION 54. { + The amendments to ORS 46.405, 46.425, 46.455,
46.461, 46.465, 46.475, 46.570, 51.080, 51.310, 55.011, 55.095
and 133.055 by sections 46 to 53b of this 2011 Act apply only to
proceedings commenced on or after October 1, 2011. + }
{ +
(Forcible Entry or Wrongful Detainer) + }
SECTION 55. ORS 105.130 is amended to read:
105.130. (1) Except as provided in this section and ORS
105.135, 105.137 and 105.140 to 105.161, an action pursuant to
ORS 105.110 shall be conducted in all respects as other actions
in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to
which ORS chapter 90 applies, the clerk shall:
(a) Collect a { + + }filing fee of { - $13 - } { +
$75 + };
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the
plaintiff or an agent of the plaintiff sufficient copies of the
summons and complaint for service.
{ - (3) After a complaint is filed under subsection (2) of
this section, if the defendant demands a trial, the plaintiff
shall pay an additional filing fee of $29 and the defendant shall
pay a filing fee of $42. - }
{ + (3) The court shall collect a filing fee of $75 from a
defendant that demands a trial under this section. + }
(4) An action pursuant to ORS 105.110 shall be brought in the
name of a person entitled to possession as plaintiff. The
plaintiff may appear in person or through an attorney. In an
action to which ORS chapter 90 applies, the plaintiff may also
appear through a nonattorney who is an agent or employee of the
plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a
state agency may appear in an action brought pursuant to ORS
105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the
agency by an officer or employee in the particular action or in
the class of actions that includes the particular action; and
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(b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being
conducted.
{ - (6) In addition to the fees charged under subsection (2)
of this section, the clerk shall collect a surcharge from the
plaintiff at the time a complaint is filed that is subject to the
filing fees established by subsection (2) of this section and
from a defendant at the time a defendant demands a trial in the
action. The surcharge shall be deposited by the State Court
Administrator into the State Treasury to the credit of the
Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the
surcharge shall be $10. - }
{ - (7) A document or pleading shall be filed by the clerk
only if the fees and surcharges required under this section are
paid by the person filing the document or pleading or if an
application for a waiver or deferral of fees and court costs is
granted by the court under ORS 21.680 to 21.698. Fees and
surcharges provided for in this section may not be refunded. - }
{ - (8) - } { + (6) + } An action brought under ORS 105.110
by a person entitled to possession of premises on the basis of
circumstances described in ORS 105.115 (1)(d), (e) or (f) is
subject to the filing fees and other court or sheriff fees
applicable to an action concerning a dwelling unit that is
subject to ORS chapter 90. The procedure under ORS 105.105 to
105.168 that is applicable to an action concerning a dwelling
unit subject to ORS chapter 90 shall also apply to an action
brought under ORS 105.115 (1)(d), (e) or (f), except that the
complaint must be in the form prescribed in ORS 105.126.
SECTION 56. { + The amendments to ORS 105.130 by section 55 of
this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
{ +
(Post-Conviction Relief) + }
SECTION 57. ORS 138.560 is amended to read:
138.560. (1) A proceeding for post-conviction relief pursuant
to ORS 138.510 to 138.680 shall be commenced by filing a petition
and two copies thereof with the clerk of the circuit court for
the county in which the petitioner is imprisoned or, if the
petitioner is not imprisoned, with the clerk of the circuit court
for the county in which the petitioner's conviction and sentence
was rendered. Except as otherwise provided in ORS 138.590, the
petitioner { - shall - } { + must + } pay { - a $28 - }
{ + the + } filing fee { + established under section 8 of this
2011 Act + } at the time of filing a petition under this section.
If the petitioner prevails, the petitioner shall recover the fee
pursuant to the Oregon Rules of Civil Procedure. The clerk of the
court in which the petition is filed shall enter and file the
petition and bring it promptly to the attention of such court. A
copy of the petition need not be served by petitioner on the
defendant, but, in lieu thereof, the clerk of the court in which
the petition is filed shall immediately forward a copy of the
petition to the Attorney General or other attorney for the
defendant named in ORS 138.570.
(2) For the purposes of ORS 138.510 to 138.680, a person
released on parole or conditional pardon shall be deemed to be
imprisoned in the institution from which the person is so
released.
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(3) Except when petitioner's conviction was for a misdemeanor,
the release of the petitioner from imprisonment during the
pendency of proceedings instituted pursuant to ORS 138.510 to
138.680 shall not cause the proceedings to become moot. Such
release of petitioner shall not change the venue of the
proceedings out of the circuit court in which they were commenced
and shall not affect the power of such court to transfer the
proceedings as provided in subsection (4) of this section.
(4) Whenever the petitioner is imprisoned in a Department of
Corrections institution and the circuit court for the county in
which the petitioner is imprisoned finds that the hearing upon
the petition can be more expeditiously conducted in the county in
which the petitioner was convicted and sentenced, the circuit
court upon its own motion or the motion of a party may order the
petitioner's case to be transferred to the circuit court for the
county in which petitioner's conviction and sentence were
rendered. The court's order is not reviewable by any court of
this state.
(5) When a petitioner who is imprisoned in a Department of
Corrections institution is transferred to another Department of
Corrections institution, the circuit court in which a
post-conviction relief proceeding is pending may deny a motion
for a change of venue to the county where the petitioner is
transferred. The court's order is not reviewable by any court of
this state.
SECTION 58. { + The amendments to ORS 138.560 by section 57 of
this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
{ +
(Firearm Permits) + }
SECTION 59. ORS 166.274, as amended by section 19, chapter 826,
Oregon Laws 2009, and section 2, chapter 86, Oregon Laws 2010, is
amended to read:
166.274. (1) A person barred from possessing or purchasing a
firearm may file a petition for relief from the bar in accordance
with subsection (2) of this section if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(A) to (C) or 166.270; or
(b) The person is barred from purchasing a firearm under ORS
166.470 (1)(a) to (d) or (g).
(2) A petition for relief described in this section must be
filed in the circuit court in the petitioner's county of
residence.
(3) A person may apply once per calendar year for relief under
the provisions of this section.
(4)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(5)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
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entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
(6) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(7) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(8) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(9) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(10) { - Filing fees shall be as for any civil action filed
in the court. - } { + A person filing a petition under this
section must pay the filing fee established under section 8 of
this 2011 Act. + }
(11)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 60. ORS 166.274, as amended by sections 19 and 20,
chapter 826, Oregon Laws 2009, and section 3, chapter 86, Oregon
Laws 2010, is amended to read:
166.274. (1) A person barred from possessing a firearm under
ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from purchasing
a firearm under ORS 166.470 (1)(a) to (g) may file a petition for
relief from the bar in the circuit court in the petitioner's
county of residence.
(2) A person may apply once per calendar year for relief under
the provisions of this section.
(3)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
Enrolled House Bill 2710 (HB 2710-C) Page 27
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(4)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
(5) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(6) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(7) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(9) { - Filing fees shall be as for any civil action filed in
the court. - } { + A person filing a petition under this
section must pay the filing fee established under section 8 of
this 2011 Act. + }
(10)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 61. { + The amendments to ORS 166.274 by sections 59
and 60 of this 2011 Act apply only to proceedings commenced on or
after October 1, 2011. + }
{ +
(Tax Court) + }
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SECTION 62. ORS 305.490 is amended to read:
305.490. (1) Plaintiffs or petitioners filing a complaint or
petition in the tax court shall pay { - a - } { + the + }
filing fee { + established under section 8 of this 2011 Act + }
at the time of filing for each complaint or petition { + . + }
{ - as follows: - }
{ - (a) For a complaint or petition in the magistrate
division, $25. - }
{ - (b) For a complaint or petition in the regular division,
$50. - }
{ - (c) If a complaint or petition is specially designated
under ORS 305.501 for hearing in the regular division, a fee of
$50. - }
(2) Neither the State of Oregon, nor any county, school
district, municipal corporation or other public corporation
therein, nor any officer of any such public political division or
corporation, appearing in the representative capacity of the
officer of any public political division or corporation, shall be
required to pay the fee prescribed under this section. The party
entitled to costs and disbursements on such appeal shall recover
from the opponent of the party the amount so paid upon order of
the court, as in equity suits in the circuit court.
(3)(a) If, in any proceeding before the tax court judge
involving taxes upon or measured by net income in which an
individual taxpayer is a party, or involving inheritance taxes,
the court grants a refund claimed by the executor or taxpayer or
denies in part or wholly an additional assessment of taxes
claimed by the Department of Revenue to be due from the estate or
taxpayer, the court may allow the taxpayer, in addition to costs
and disbursements, the following:
(A) Reasonable attorney fees for the proceeding under this
subsection and for the prior proceeding in the matter, if any,
before the magistrate; and
(B) Reasonable expenses as determined by the court. Expenses
include accountant fees and fees of other experts incurred by the
executor or individual taxpayer in preparing for and conducting
the proceeding before the tax court judge and the prior
proceeding in the matter, if any, before the magistrate.
(b) Payment of attorney fees or reasonable expenses under this
subsection shall be made by the Department of Revenue in the
manner provided by ORS 305.790.
(4)(a) If, in any proceeding before the tax court judge
involving ad valorem property taxation, exemptions, special
assessments or omitted property, the court finds in favor of the
taxpayer, the court may allow the taxpayer, in addition to costs
and disbursements, the following:
(A) Reasonable attorney fees for the proceeding under this
subsection and for the prior proceeding in the matter, if any,
before the magistrate; and
(B) Reasonable expenses as determined by the court. Expenses
include fees of experts incurred by the individual taxpayer in
preparing for and conducting the proceeding before the tax court
judge and the prior proceeding in the matter, if any, before the
magistrate.
(b) Payment of attorney fees or reasonable expenses under this
subsection shall be made by the Department of Revenue in the
manner provided by ORS 305.790.
(5) All fees and other moneys received or collected by the
clerk by virtue of the office of the clerk shall be paid over to
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the State Treasurer and shall be held by the clerk in the General
Fund as miscellaneous receipts.
SECTION 63. { + The amendments to ORS 305.490 by section 62 of
this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
{ +
(Emancipation) + }
SECTION 64. ORS 419B.555 is amended to read:
419B.555. (1) The juvenile court shall conduct a preliminary
hearing on the minor's application for emancipation within 10
days of the date on which it is filed or as soon as possible
thereafter. At the time of the preliminary hearing, the court may
issue a temporary custody order, stay any pending proceedings or
enter any other temporary order appropriate to the circumstances.
No action of the court pursuant to this subsection may be
extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as
soon as possible after the date on which the application is
filed.
(3) Notice to the parent or parents of the applicant shall be
made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the
minor of the civil and criminal rights and civil and criminal
liabilities of an emancipated minor. This advice shall be recited
in the judgment of emancipation.
(5) The hearing mentioned in subsection (2) of this section may
be waived by the minor and parent or parents.
(6) { - A uniform - } { + The + } filing fee { - of
$77 - } { + established under section 8 of this 2011 Act + }
shall be charged and collected by the court for each application
for emancipation. { - In addition, the court shall collect any
other fees required by law. - }
SECTION 65. { + The amendments to ORS 419B.555 by section 64
of this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
{ +
APPELLATE COURT FILING FEES + }
SECTION 66. ORS 21.010, as amended by section 30, chapter 659,
Oregon Laws 2009, and section 37f, chapter 885, Oregon Laws 2009,
is amended to read:
21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
{ - $154 - } { + $355 + } in the manner prescribed by ORS
19.265. The respondent in such case and any other person
appearing in the appeal, upon entering first appearance or filing
first brief in the court, shall pay to the State Court
Administrator { - the sum - } { + a filing fee + } of
{ - $154 - } { + $355 + }. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
(2) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of persons determined to
be mentally ill under ORS 426.135 or persons determined to be
Enrolled House Bill 2710 (HB 2710-C) Page 30
mentally retarded under ORS 427.295, or on judicial review of
orders of the Psychiatric Security Review Board under ORS 161.385
(9) or orders of the State Board of Parole and Post-Prison
Supervision.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
{ + (5) The filing and appearance fees established by this
section apply to cases of original jurisdiction in the Supreme
Court. + }
SECTION 67. { + The amendments to ORS 21.010 by section 66 of
this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
SECTION 68. { + ORS 21.040 is repealed. + }
SECTION 68a. { + ORS 2.565 is repealed. + }
SECTION 68b. { + Any funds in the Appellate Mediation Program
Revolving Account on the effective date of this 2011 Act shall be
transferred by the State Treasurer to the General Fund. + }
{ +
OTHER COURT FEES + }
{ +
(Document Fee) + }
SECTION 69. { + ORS 21.325 and 21.580 are repealed. + }
SECTION 70. { + Document fee. (1) A circuit court shall
collect a fee of $15 for:
(a) Making or entering a transcript of a judgment.
(b) Preparing a certified copy of a satisfaction document under
ORS 18.225 (5).
(c) Issuing notices of restitution as provided in ORS 105.151.
(d) Any other service that is statutorily made subject to the
fee established in this section.
(2) A circuit court shall collect a fee of $35 for issuing a
writ of execution or a writ of garnishment. + }
SECTION 71. { + Section 70 of this 2011 Act applies to all
services described in section 70 of this 2011 Act that are
rendered on or after October 1, 2011. + }
{ +
(Other Court Services) + }
SECTION 72. { + Other court services. + } { + (1) A circuit
court may collect such fees as the Chief Justice of the Supreme
Court may establish or authorize for any service the court may be
required or authorized to perform and for which no fee is
provided by law.
(2) A fee may not be established under this section for
location or inspection of court records. + }
{ +
(Motion Fees in Circuit Court) + }
Enrolled House Bill 2710 (HB 2710-C) Page 31
SECTION 73. ORS 21.125 is amended to read:
21.125. { - (1) In any action, suit or proceeding subject to
a fee under ORS 21.110, or in any civil appeal or petition
subject to a fee under ORS 21.010, the Chief Justice of the
Supreme Court may require that a $50 fee be paid at the time of
filing a motion identified by the Chief Justice as being subject
to a fee under this section. If the Chief Justice has identified
a motion as being subject to a fee under this section, the
responding party must file a fee of $35 upon the filing of a
response to the motion. The Chief Justice by order shall identify
motions that are subject to fees under this section. - }
{ + (1) In any action or other proceeding subject to a fee
under sections 8, 13 or 15 of this 2011 Act, a $100 fee must be
paid by the party filing one of the following motions and by the
party responding to the motion:
(a) A motion for summary judgment under ORCP 47.
(b) A motion for judgment notwithstanding the verdict under
ORCP 63.
(c) A motion for new trial under ORCP 64.
(d) A motion for relief from judgment under ORCP 71.
(e) A motion for preliminary injunction under ORCP 79.
(f) A motion seeking remedies for contempt of court. + }
(2) The fees provided for in this section may not be collected
from the state, a county, a city or a school district.
{ - (3) The fees provided for in this section may not be
collected for motions for judgment by voluntary dismissal under
ORCP 54 A(1), for motions for judgment by written stipulation
under ORCP 67 F or for motions for entry of default judgment
under ORCP 69 B(1). - }
{ - (4) - } { + (3) + } The fees provided for in this
section may not be collected for motions made to an arbitrator or
mediator in an arbitration or mediation required or offered by a
court, or to any motion relating to an arbitration or mediation
required or offered by a court.
{ - (5) - } { + (4) + } The clerk shall file a motion or
response that is subject to a fee under this section only if the
fee required by this section is paid when the motion or response
is submitted for filing.
SECTION 74. { + Motion fees in domestic relation cases. + }
{ + (1) In any action or other proceeding subject to a fee under
section 11 of this 2011 Act, a $150 fee must be paid by the party
filing a motion that seeks entry of a supplemental judgment and
by a party responding to the motion.
(2) The fee provided for in subsection (1) of this section does
not apply to any motion under ORCP 68, 69 or 71.
(3) In any action or other proceeding subject to a fee under
section 11 of this 2011 Act, a $50 fee must be paid by the party
filing one of the following motions and by a party responding to
the motion:
(a) A motion filed under ORS 107.434; and
(b) A motion seeking remedies for contempt of court.
(4) Only the fees specified by subsection (1) of this section
may be collected if a party concurrently files a motion that
seeks entry of a supplemental judgment and a motion seeking
remedies for contempt of court. + }
SECTION 75. ORS 107.434 is amended to read:
107.434. (1) The presiding judge of each judicial district
shall establish an expedited parenting time enforcement procedure
that may or may not include a requirement for mediation. The
procedure must be easy to understand and initiate. Unless the
Enrolled House Bill 2710 (HB 2710-C) Page 32
parties otherwise agree, the court shall conduct a hearing no
later than 45 days after the filing of a motion seeking
enforcement of a parenting time order. { - The court shall
charge a filing fee of $50, subject to waiver or deferral of the
fee under ORS 21.680 to 21.698. - } The court shall provide
forms for:
(a) A motion filed by either party alleging a violation of
parenting time or substantial violations of the parenting plan.
When a person files this form, the person must include a copy of
the order establishing the parenting time.
(b) An order requiring the parties to appear and show cause why
parenting time should not be enforced in a specified manner. The
party filing the motion shall serve a copy of the motion and the
order on the other party. The order must include:
(A) A notice of the remedies imposable under subsection (2) of
this section and the availability of a waiver of any mediation
requirement; and
(B) A notice in substantially the following form:
_________________________________________________________________
When pleaded and shown in a separate legal action, violation of
court orders, including visitation and parenting time orders, may
also result in a finding of contempt, which can lead to fines,
imprisonment or other penalties, including compulsory community
service.
_________________________________________________________________
(c) A motion, affidavit and order that may be filed by either
party and providing for waiver of any mediation requirement on a
showing of good cause.
(2) In addition to any other remedy the court may impose to
enforce the provisions of a judgment relating to the parenting
plan, the court may:
(a) Modify the provisions relating to the parenting plan by:
(A) Specifying a detailed parenting time schedule;
(B) Imposing additional terms and conditions on the existing
parenting time schedule; or
(C) Ordering additional parenting time, in the best interests
of the child, to compensate for wrongful deprivation of parenting
time;
(b) Order the party who is violating the parenting plan
provisions to post bond or security;
(c) Order either or both parties to attend counseling or
educational sessions that focus on the impact of violation of the
parenting plan on children;
(d) Award the prevailing party expenses, including, but not
limited to, attorney fees, filing fees and court costs, incurred
in enforcing the party's parenting plan;
(e) Terminate, suspend or modify spousal support;
(f) Terminate, suspend or modify child support as provided in
ORS 107.431; or
(g) Schedule a hearing for modification of custody as provided
in ORS 107.135 (11).
{ +
(Motion Fees in Appellate Courts) + }
SECTION 76. { + Motion fees in appellate courts. + } { + In
any appeal or petition for review subject to a fee under ORS
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21.010, a $50 fee must be paid by the party filing one of the
following motions and by the party responding to the motion:
(1) A motion to dismiss filed by a respondent.
(2) A motion to determine jurisdiction.
(3) A motion for continuance.
(4) A motion for an extension of time for the filing of a brief
or other document in the proceeding. + }
SECTION 77. { + Sections 74 and 76 of this 2011 Act and the
amendments to ORS 21.125 and 107.434 by sections 73 and 75 of
this 2011 Act apply to all motions that are filed on or after
October 1, 2011. + }
{ +
(Hearing and Trial Fees) + }
SECTION 78. { + ORS 21.275 is repealed. + }
SECTION 79. ORS 21.270 is amended to read:
21.270. (1) In any civil action, suit or proceeding in the
circuit court, other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name proceeding,
trial fees shall be collected as provided in this section.
(2) The clerk of the circuit court shall collect from the
plaintiff, appellant or moving party, for a trial on the merits
without a jury, a trial fee of { - $77 - } { + $125 + } for
each full or partial day of the trial. The amount of the fee for
the first day of trial shall be collected in advance and is due
and payable when the action, suit or proceeding is set for trial.
The amount of the fee for subsequent days of trial shall be
collected on the day the trial concludes.
(3)(a) The clerk shall collect from the plaintiff or appellant,
for a trial by a jury of more than six persons, a jury trial fee
of { - $193 - } { + $225 + } for each full or partial day of
the trial. The clerk shall collect from the plaintiff or
appellant, for a trial by a jury of six persons, a jury trial fee
of { - $110 - } { + $150 + } for each full or partial day of
the trial. The amount of the fee for the first day of trial shall
be collected in advance and is due and payable when the action,
suit or proceeding is set for trial by jury. The amount of the
fee for subsequent days of trial shall be collected on the day
the trial concludes.
(b) If the plaintiff or appellant waives a trial by jury, and
the defendant or respondent desires a trial by jury, the clerk
shall collect the jury trial fee from the defendant or
respondent, and not from the plaintiff or appellant.
(c) A case in which the jury trial fee for the first day of
trial has not been paid shall be tried by the court without a
jury, unless the court otherwise orders. If a case in which the
jury trial fee for the first day of trial has not been paid is
tried by a jury, the clerk shall tax against the losing party the
total amount of the jury trial fee. The jury trial fee
constitutes a monetary obligation payable to the court, and may
be made part of the judgment in the case by the clerk without
further notice to the debtor or further order of the court.
(4) If a counterclaim, cross-claim or third party claim is
tried on any day other than a day on which the claim of the
plaintiff is tried, the clerk shall collect from the party
asserting the counterclaim, cross-claim or third party claim the
trial fee or jury trial fee, whichever is applicable, for that
day, and shall not collect the applicable fee for that day from
the plaintiff. If the party asserting a counterclaim, cross-claim
Enrolled House Bill 2710 (HB 2710-C) Page 34
or third party claim waives a trial by jury on the claim, and the
party defending against the claim desires a trial by jury on the
claim, the clerk shall collect the jury trial fee from the
defending party and not from the asserting party.
(5) The fees provided for in this section include any reporting
of the trial proceedings, but not the preparation of transcripts
of a report.
(6) Except as otherwise provided in subsection (3)(c) of this
section, the fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
(7) A court shall order that a trial fee paid under the
provisions of this section be refunded to the party that paid the
fee if all claims in the action or proceeding are decided without
the commencement of a trial and the party that paid the fee files
a motion and affidavit requesting refund of the fee not more than
15 days after entry of judgment disposing of the action or
proceeding.
SECTION 80. { + The amendments to ORS 21.270 by section 79 of
this 2011 Act apply to all trials conducted on or after October
1, 2011. + }
{ +
(Third-Party Complaints) + }
SECTION 81. Section 13, chapter 659, Oregon Laws 2009, as
amended by section 27, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 13. + } (1) Notwithstanding ORS 21.110 (11)(g), when
a person files a third-party complaint in a civil action, suit or
proceeding in circuit court, the clerk of the court shall collect
from the third-party plaintiff the same fees, charges and
surcharges that would be required of a plaintiff filing the same
complaint in an original action. Fees collected under this
section are subject to ORS 21.110 (9).
(2) When a third-party defendant files an appearance in a civil
action, suit or proceeding in circuit court, the clerk of the
court shall collect the same fees, charges and surcharges that
would be required of a defendant filing the same appearance in an
original action.
(3) This section applies only to third-party complaints and
appearances filed on or after October 1, 2009, and before
{ - July - } { + October + } 1, 2011.
{ - (4) All amounts imposed as fees under this section shall
be deposited in the Judicial System Surcharge Account. - }
{ - (5) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from amounts imposed under this section. - }
SECTION 81a. Section 13, chapter 659, Oregon Laws 2009, as
amended by section 27, chapter 107, Oregon Laws 2010, and section
81 of this 2011 Act, is amended to read:
{ + Sec. 13. + } (1) { - Notwithstanding ORS 21.110
(11)(g), - } When a person files a third-party complaint in a
civil action { - , suit - } or proceeding in circuit court { +
and the complaint names a defendant who has not already appeared
in the proceeding + }, the clerk of the court shall collect from
the third-party plaintiff the same { - fees, charges and
surcharges - } { + filing fee + } that would be required of a
plaintiff filing the same complaint in an original action.
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{ - Fees collected under this section are subject to ORS 21.110
(9). - }
(2) When a third-party defendant files an appearance in a civil
action { - , suit - } or proceeding in circuit court, the clerk
of the court shall collect the same { - fees, charges and
surcharges - } { + filing fee + } that would be required of a
defendant filing the same appearance in an original action.
{ - (3) This section applies only to third-party complaints
and appearances filed on or after October 1, 2009, and before
October 1, 2011. - }
SECTION 82. { + The amendments to section 13, chapter 659,
Oregon Laws 2009, by section 81a of this 2011 Act apply only to
proceedings commenced on or after October 1, 2011. + }
{ +
(Settlement Conference Fees) + }
SECTION 83. Section 32, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 32. + } (1) In any civil proceeding subject to a fee
under ORS 21.110, 21.111, 21.114 or 21.310 in which the parties
request a settlement conference before a judge, or in which a
settlement conference before a judge is required by law or by the
court, each party participating in the conference shall pay a $50
fee to the court before the conference is conducted.
(2) Notwithstanding ORS 3.428 (3), the fee required under
subsection (1) of this section must be paid when parties request
a settlement conference through a family law facilitation
program.
(3) The fee imposed under this section applies only to
settlement conferences conducted on or after October 1, 2009, and
before { - July - } { + October + } 1, 2011.
{ - (4) All fees imposed under this section shall be
deposited in the Judicial System Surcharge Account. - }
{ - (5) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under this section. - }
SECTION 83a. Section 32, chapter 659, Oregon Laws 2009, as
amended by section 83 of this 2011 Act, is amended to read:
{ + Sec. 32. + } (1) In any civil proceeding subject to a fee
under
{ - ORS 21.110, 21.111, 21.114 or 21.310 - } { + section 11
of this 2011 Act + } in which the parties request a settlement
conference before a judge, or in which a settlement conference
before a judge is required by law or by the court, each party
participating in the conference shall pay a { - $50 - } { +
$100 + } fee to the court { - before - } { + for each day or
partial day during which + } the conference is conducted.
(2) Notwithstanding ORS 3.428 (3), the fee required under
subsection (1) of this section must be paid when parties request
a settlement conference through a family law facilitation
program.
{ - (3) The fee imposed under this section applies only to
settlement conferences conducted on or after October 1, 2009, and
before October 1, 2011. - }
{ + (3) In civil proceedings other than those described in
subsection (1) of this section, if the parties request a
settlement conference before a judge, or a settlement conference
before a judge is required by law or by the court, each party
participating in the conference shall pay a $200 fee to the court
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for each day or partial day during which the conference is
conducted.
(4) The fees required by this section shall be collected in
advance, and are due and payable on the first day of the
settlement conference. + }
SECTION 84. { + The amendments to section 32, chapter 659,
Oregon Laws 2009, by section 83a of this 2011 Act apply to all
settlement conferences conducted on or after October 1, 2011. + }
SECTION 85. ORS 2.560 is amended to read:
2.560. (1) The Court of Appeals shall sit primarily in Salem,
but also may sit in other locations designated under ORS 1.085
(2).
(2) The Court of Appeals may make and enforce all rules
necessary for the prompt and orderly dispatch of the business of
the court, and the remanding of causes to the lower courts, and
not inconsistent with applicable rules made or orders issued by
the Chief Justice of the Supreme Court or the Chief Judge of the
Court of Appeals.
(3) The Court of Appeals shall establish an appellate mediation
program and make and enforce all rules necessary for the prompt
and orderly dispatch of the business of the program. { - The
parties to the appeal shall pay the fees of a mediator providing
services under the program, unless those fees are waived or
deferred by the Court of Appeals. - } { + The parties to the
appeal must pay the following fees for the mediator:
(a) $150 for an appeal related to workers' compensation under
ORS chapter 656; and
(b) $350 for all other appeals. + }
SECTION 86. { + The amendments to ORS 2.560 by section 85 of
this 2011 Act apply to all mediations conducted under ORS 2.560
on or after October 1, 2011. + }
{ +
(Motion for Order Setting Aside Conviction) + }
SECTION 87. ORS 137.225 is amended to read:
137.225. (1)(a) At any time after the lapse of three years from
the date of pronouncement of judgment, any defendant who has
fully complied with and performed the sentence of the court and
whose conviction is described in subsection (5) of this section
by motion may apply to the court where the conviction was entered
for entry of an order setting aside the conviction; or
(b) At any time after the lapse of one year from the date of
any arrest, if no accusatory instrument was filed, or at any time
after an acquittal or a dismissal of the charge, the arrested
person may apply to the court that would have jurisdiction over
the crime for which the person was arrested, for entry of an
order setting aside the record of the arrest. For the purpose of
computing the one-year period, time during which the arrested
person has secreted himself or herself within or without the
state is not included.
(2)(a) A copy of the motion and a full set of the defendant's
fingerprints shall be served upon the office of the prosecuting
attorney who prosecuted the crime or violation, or who had
authority to prosecute the charge if there was no accusatory
instrument filed, and opportunity shall be given to contest the
motion. The fingerprint card with the notation 'motion for
setting aside conviction,' or 'motion for setting aside arrest
record' as the case may be, shall be forwarded to the Department
of State Police bureau of criminal identification. Information
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resulting from the fingerprint search along with the fingerprint
card shall be returned to the prosecuting attorney.
(b) When a prosecuting attorney is served with a copy of a
motion to set aside a conviction under this section, the
prosecuting attorney shall provide a copy of the motion and
notice of the hearing date to the victim, if any, of the crime by
mailing a copy of the motion and notice to the victim's
last-known address.
(c) When a person makes a motion under subsection (1)(a) of
this section, the person must pay a fee of $80 { + to the
Department of State Police + }. The person shall attach a
certified check payable to the Department of State Police in the
amount of $80 to the fingerprint card that is served upon the
prosecuting attorney. The office of the prosecuting attorney
shall forward the check with the fingerprint card to the
Department of State Police bureau of criminal identification.
{ + (d) In addition to the fee established under paragraph
(c) of this subsection, when a person makes a motion under
subsection (1)(a) of this section the person must pay the filing
fee established under section 8 of this 2011 Act. + }
(3) Upon hearing the motion, the court may require the filing
of such affidavits and may require the taking of such proofs as
it deems proper. The court shall allow the victim to make a
statement at the hearing. Except as otherwise provided in
subsection (12) of this section, if the court determines that the
circumstances and behavior of the applicant from the date of
conviction, or from the date of arrest as the case may be, to the
date of the hearing on the motion warrant setting aside the
conviction, or the arrest record as the case may be, it shall
enter an appropriate order that shall state the original arrest
charge and the conviction charge, if any and if different from
the original, date of charge, submitting agency and disposition.
The order shall further state that positive identification has
been established by the bureau and further identified as to state
bureau number or submitting agency number. Upon the entry of the
order, the applicant for purposes of the law shall be deemed not
to have been previously convicted, or arrested as the case may
be, and the court shall issue an order sealing the record of
conviction and other official records in the case, including the
records of arrest whether or not the arrest resulted in a further
criminal proceeding.
(4) The clerk of the court shall forward a certified copy of
the order to such agencies as directed by the court. A certified
copy must be sent to the Department of Corrections when the
person has been in the custody of the Department of Corrections.
Upon entry of the order, the conviction, arrest or other
proceeding shall be deemed not to have occurred, and the
applicant may answer accordingly any questions relating to its
occurrence.
(5) The provisions of subsection (1)(a) of this section apply
to a conviction of:
(a) A Class C felony, except for criminal mistreatment in the
first degree under ORS 163.205 when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(b) The crime of possession of the narcotic drug marijuana when
that crime was punishable as a felony only.
(c) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for:
(A) Any sex crime; and
Enrolled House Bill 2710 (HB 2710-C) Page 38
(B) The following crimes when they would constitute child abuse
as defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(d) A misdemeanor, including a violation of a municipal
ordinance, for which a jail sentence may be imposed, except for
endangering the welfare of a minor under ORS 163.575 (1)(a) when
it would constitute child abuse, as defined in ORS 419B.005, or
any sex crime.
(e) A violation, whether under state law or local ordinance.
(f) An offense committed before January 1, 1972, that if
committed after that date would be:
(A) A Class C felony, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(B) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(C) A misdemeanor, except for endangering the welfare of a
minor under ORS 163.575 (1)(a) when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(D) A violation.
(6) Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not apply to:
(a) A conviction for a state or municipal traffic offense.
(b) A person convicted, within the 10-year period immediately
preceding the filing of the motion pursuant to subsection (1) of
this section, of any other offense, excluding motor vehicle
violations, whether or not the other conviction is for conduct
associated with the same criminal episode that caused the arrest
or conviction that is sought to be set aside. Notwithstanding
subsection (1) of this section, a conviction that has been set
aside under this section shall be considered for the purpose of
determining whether this paragraph is applicable.
(c) A person who at the time the motion authorized by
subsection (1) of this section is pending before the court is
under charge of commission of any crime.
(7) Notwithstanding subsection (5) of this section, the
provisions of subsection (1)(a) of this section do not apply to
criminally negligent homicide under ORS 163.145, when that
offense was punishable as a Class C felony.
(8) The provisions of subsection (1)(b) of this section do not
apply to:
(a) A person arrested within the three-year period immediately
preceding the filing of the motion for any offense, excluding
motor vehicle violations, and excluding arrests for conduct
associated with the same criminal episode that caused the arrest
that is sought to be set aside.
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(b) An arrest for driving while under the influence of
intoxicants if the charge is dismissed as a result of the
person's successful completion of a diversion agreement described
in ORS 813.200.
(9) The provisions of subsection (1) of this section apply to
convictions and arrests that occurred before, as well as those
that occurred after, September 9, 1971. There is no time limit
for making an application.
(10) For purposes of any civil action in which truth is an
element of a claim for relief or affirmative defense, the
provisions of subsection (3) of this section providing that the
conviction, arrest or other proceeding be deemed not to have
occurred do not apply and a party may apply to the court for an
order requiring disclosure of the official records in the case as
may be necessary in the interest of justice.
(11) Upon motion of any prosecutor or defendant in a case
involving records sealed under this section, supported by
affidavit showing good cause, the court with jurisdiction may
order the reopening and disclosure of any records sealed under
this section for the limited purpose of assisting the
investigation of the movant. However, such an order has no other
effect on the orders setting aside the conviction or the arrest
record.
(12) Unless the court makes written findings by clear and
convincing evidence that granting the motion would not be in the
best interests of justice, the court shall grant the motion and
enter an order as provided in subsection (3) of this section if
the defendant has been convicted of one of the following crimes
and is otherwise eligible for relief under this section:
(a) Abandonment of a child, ORS 163.535.
(b) Attempted assault in the second degree, ORS 163.175.
(c) Assault in the third degree, ORS 163.165.
(d) Coercion, ORS 163.275.
(e) Criminal mistreatment in the first degree, ORS 163.205.
(f) Attempted escape in the first degree, ORS 162.165.
(g) Incest, ORS 163.525, if the victim was at least 18 years of
age.
(h) Intimidation in the first degree, ORS 166.165.
(i) Attempted kidnapping in the second degree, ORS 163.225.
(j) Attempted robbery in the second degree, ORS 164.405.
(k) Robbery in the third degree, ORS 164.395.
(L) Supplying contraband, ORS 162.185.
(m) Unlawful use of a weapon, ORS 166.220.
(13) As used in this section, 'sex crime' has the meaning given
that term in ORS 181.594.
SECTION 88. { + The amendments to ORS 137.225 by section 87 of
this 2011 Act apply to all motions filed under ORS 137.225 on or
after October 1, 2011. + }
{ +
(Marriage Solemnization) + }
SECTION 89. ORS 106.120 is amended to read:
106.120. (1) As used in this section, 'judicial officer '
means:
(a) A judicial officer of this state as that term is defined in
ORS 1.210 and includes but is not limited to a judge of a
municipal court and a justice of the peace.
(b) An active judge of a federal court.
(c) An active United States magistrate judge.
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(2) Marriages may be solemnized by:
(a) A judicial officer;
(b) A county clerk;
(c) Religious congregations or organizations as indicated in
ORS 106.150 (2); or
(d) A clergyperson of any religious congregation or
organization who is authorized by the congregation or
organization to solemnize marriages.
(3) A person authorized to solemnize marriages under subsection
(2) of this section may solemnize a marriage anywhere in this
state.
(4)(a) When a marriage is solemnized by a tax, appellate or
circuit judge of this state, the clerk of the court or the county
clerk shall collect a fee of { - $25 - } { + $100 + } and
deposit the fee in the Judicial Department Operating Account
established in ORS 1.009.
(b) When a marriage is solemnized by a county clerk, the county
clerk shall collect a fee of { - $25 - } { + $100 + }, as
provided in ORS 205.320.
(c) The fee described in this subsection may be collected only
if:
(A) The marriage is solemnized during normal working hours,
excluding holidays;
(B) The marriage is solemnized in court facilities or a county
clerk's office; or
(C) More than a minimal amount of staff time or other court or
county clerk's office resources are used in connection with the
solemnization.
(d) The Chief Justice of the Supreme Court or the county clerk
may establish a written procedure for waiver of the fee required
under this subsection in exigent circumstances, including but not
limited to indigency of the parties to the marriage.
(5) In addition to any fee collected under subsection (4) of
this section, a judicial officer of this state and a county clerk
may charge and accept an agreed upon personal payment not to
exceed $100 plus actual costs for the solemnization of a marriage
if that solemnization is performed:
(a) At a place other than the courthouse where the judicial
officer or county clerk serves; or
(b) Outside of the judicial officer's or county clerk's normal
working hours.
(6) The charging and accepting of a personal payment by a
judicial officer of this state or a county clerk under subsection
(5) of this section does not constitute a violation of any of the
provisions of ORS chapter 244.
(7) The amount of actual costs charged by a judicial officer of
this state or a county clerk under subsection (5) of this section
may not exceed:
(a) Actual expenses for food and lodging as verified by
receipts.
(b) If travel is made by personal vehicle, the actual number of
round-trip miles from the judicial officer's or county clerk's
home or office, whichever is greater, compensated at the rate of
reimbursement then provided by the State of Oregon to its
employees or, if travel is made by a commercial carrier,
reimbursement shall be made of the actual costs thereof, verified
by receipts.
(8) A judicial officer of this state or a county clerk shall
maintain records of the amount of personal payments received for
Enrolled House Bill 2710 (HB 2710-C) Page 41
performing marriages, of actual costs and the supporting
documentation related thereto for a period of four years.
(9) The parties to a marriage solemnized by a tax, appellate or
circuit judge of this state shall show to the judge proof of
payment of the fee required under subsection (4)(a) of this
section before solemnization. Except as provided in subsection
(4)(d) of this section, the judge may not solemnize a marriage
without proof of payment of the fee.
SECTION 90. { + The amendments to ORS 106.120 by section 89 of
this 2011 Act apply to all marriages solemnized under ORS 106.120
on or after October 1, 2011. + }
{ +
(Collection Account Fees) + }
SECTION 91. Section 35, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 35. + } { - (1) - } The amendments to ORS 1.202
by section 34 { - of this 2009 Act - } { + , chapter 659,
Oregon Laws 2009, + } apply only to judgments entered on or after
October 1, 2009, and before { - July - } { + October + } 1,
2011.
{ - (2) Notwithstanding ORS 1.202 (1), all fees imposed under
ORS 1.202 (1) after October 1, 2009, and before July 1, 2011,
that are in excess of $100 shall be deposited in the Judicial
System Surcharge Account. - }
{ - (3) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under ORS 1.202 (1) that are in excess of $100
pursuant to the amendments to ORS 1.202 by section 34 of this
2009 Act. - }
SECTION 91a. Section 37, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 37. + } (1) The amendments to ORS 1.202 by section
36 { + , chapter 659, Oregon Laws 2009, + } { - of this 2009
Act - } become operative on { - July - } { + October + } 1,
2011.
(2) The amendments to ORS 1.202 by section 36 { + , chapter
659, Oregon Laws 2009, + } { - of this 2009 Act - } do not
affect any fee imposed before { - July - } { + October + } 1,
2011 { - , and all amounts added to judgments under the
amendments to ORS 1.202 by section 36 of this 2009 Act that are
collected on or after July 1, 2011, shall continue to be
deposited in the Judicial System Surcharge Account - } .
SECTION 92. ORS 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions in the
judicial branch of state government, shall add a fee of not less
than $50 and not more than $200 to any judgment that includes a
monetary obligation that the court or judicial branch is charged
with collecting. The fee shall cover the cost of establishing and
administering an account for the debtor and shall be added
without further notice to the debtor or further order of the
court. The fee shall be added only if the court gives the
defendant a period of time in which to pay the obligation after
the financial obligation is imposed. Fees under this subsection
shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and
all commissions, departments and divisions in the judicial branch
of state government, that use private collection agencies, the
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Department of Revenue or an offset of federal tax refunds
pursuant to an agreement entered into under ORS 1.196 shall add a
fee to any judgment referred for collection that includes a
monetary obligation that the state court or the commission,
department or division is charged with collecting. A fee to cover
the costs of collecting judgments referred to the private
collection agency, the Department of Revenue, the United States
Financial Management Service or the Internal Revenue Service
shall be added to the monetary obligation without further notice
to the debtor or further order of the court. The fee may not
exceed the actual costs of collecting the judgment. { - Fees
under this subsection shall be deposited in the Judicial
Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204. - }
(3) The Chief Justice of the Supreme Court may authorize courts
to waive or suspend the fees required to be added to judgments
under this section. Except to the extent authorized by the Chief
Justice, a court may not waive or suspend the fees required to be
added to judgments under this section.
SECTION 92a. ORS 1.202, as amended by section 36, chapter 659,
Oregon Laws 2009, is amended to read:
1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions in the
judicial branch of state government, shall add a fee of not less
than $50 and not more than { - $100 - } { + $200 + } to any
judgment that includes a monetary obligation that the court or
judicial branch is charged with collecting. The fee shall cover
the cost of establishing and administering an account for the
debtor and shall be added without further notice to the debtor or
further order of the court. The fee shall be added only if the
court gives the defendant a period of time in which to pay the
obligation after the financial obligation is imposed. Fees under
this subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and
all commissions, departments and divisions in the judicial branch
of state government, that use private collection agencies, the
Department of Revenue or an offset of federal tax refunds
pursuant to an agreement entered into under ORS 1.196 shall add a
fee to any judgment referred for collection that includes a
monetary obligation that the state court or the commission,
department or division is charged with collecting. A fee to cover
the costs of collecting judgments referred to the private
collection agency, the Department of Revenue, the United States
Financial Management Service or the Internal Revenue Service
shall be added to the monetary obligation without further notice
to the debtor or further order of the court. The fee may not
exceed the actual costs of collecting the judgment. { - Fees
under this subsection shall be deposited in the Judicial
Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204. - }
(3) The Chief Justice of the Supreme Court may authorize courts
to waive or suspend the fees required to be added to judgments
under this section. Except to the extent authorized by the Chief
Justice, a court may not waive or suspend the fees required to be
added to judgments under this section.
SECTION 93. { + The amendments to ORS 1.202 by section 92a of
this 2011 Act apply to all judgments entered on or after October
1, 2011. + }
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{ +
(Relief From Sex Offender Reporting) + }
SECTION 94. ORS 181.823 is amended to read:
181.823. (1)(a) No sooner than two years, but no later than
five years, after the termination of juvenile court jurisdiction
or, if the person was placed under the jurisdiction of the
Psychiatric Security Review Board under ORS 419C.529, board
jurisdiction over a person required to report under ORS 181.595,
181.596 or 181.597, the person may file a petition for relief
from the duty to report. The person must file the petition in the
juvenile court in which the person was adjudicated for the act
that requires reporting. { + The person must pay the filing fee
established under section 8 of this 2011 Act. + }
(b) The juvenile court in which a petition under this section
is filed may transfer the matter to the juvenile court of the
county that last supervised the person if the court determines
that the convenience of the parties, the victim and witnesses
require the transfer.
(c) The juvenile court has exclusive original jurisdiction in
any proceeding under this section.
(d) The person, the district attorney and the juvenile
department are parties to a hearing on a petition filed under
this section.
(2) When a person files a petition under this section and the
petition was filed:
(a) No later than three years after the termination of juvenile
court jurisdiction or, if the person was placed under the
jurisdiction of the Psychiatric Security Review Board under ORS
419C.529, board jurisdiction, the state has the burden of proving
by clear and convincing evidence that the person is not
rehabilitated and continues to pose a threat to the safety of the
public.
(b) More than three years, but no later than five years, after
the termination of juvenile court jurisdiction or, if the person
was placed under the jurisdiction of the Psychiatric Security
Review Board under ORS 419C.529, board jurisdiction, the person
has the burden of proving by clear and convincing evidence that
the person is rehabilitated and does not pose a threat to the
safety of the public.
(3) In determining whether the state or the person has met the
burden of proof established in subsection (2) of this section,
the juvenile court may consider but need not be limited to
considering:
(a) The extent and impact of any physical or emotional injury
to the victim;
(b) The nature of the act that subjected the person to the duty
of reporting as a sex offender;
(c) Whether the person used or threatened to use force in
committing the act;
(d) Whether the act was premeditated;
(e) Whether the person took advantage of a position of
authority or trust in committing the act;
(f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
(g) The vulnerability of the victim;
(h) Other acts committed by the person that would be crimes if
committed by an adult and criminal activities engaged in by the
person before and after the adjudication;
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(i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
(j) The person's willingness to accept personal responsibility
for the act and personal accountability for the consequences of
the act;
(k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
(L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
(A) The availability, duration and extent of the treatment
activities;
(B) Reports and recommendations from the providers of the
treatment;
(C) The person's compliance with court, board or supervision
requirements regarding treatment; and
(D) The quality and thoroughness of the treatment program;
(m) The person's academic and employment history;
(n) The person's use of drugs or alcohol before and after the
adjudication;
(o) The person's history of public or private indecency;
(p) The person's compliance with and success in completing the
terms of supervision;
(q) The results of psychological examinations of the person;
(r) The protection afforded the public by the continued
existence of the records; and
(s) Any other relevant factors.
(4) In a hearing under this section, the juvenile court may
receive testimony, reports and other evidence without regard to
whether the evidence is admissible under ORS 40.010 to 40.210 and
40.310 to 40.585 if the evidence is relevant to the determination
and findings required under this section. As used in this
subsection, 'relevant evidence' has the meaning given that term
in ORS 40.150.
(5) When a petition is filed under this section, the state has
the right to have a psychosexual evaluation of the person
conducted. The state shall file notice with the juvenile court of
its intention to have the person evaluated. If the person objects
to the evaluator chosen by the state, the juvenile court for good
cause shown may direct the state to select a different evaluator.
(6) As soon as practicable after a petition has been filed
under this section, the district attorney or juvenile department
shall make a reasonable effort to notify the victim of the crime
that the person has filed a petition seeking relief under this
section and, if the victim has requested, to inform the victim of
the date, time and place of a hearing on the petition in advance
of the hearing.
(7)(a) When a petition has been filed under this section and
the petition was filed:
(A) No later than three years after the termination of juvenile
court jurisdiction or, if the person was placed under the
jurisdiction of the Psychiatric Security Review Board under ORS
419C.529, board jurisdiction, the court shall hold a hearing on
the petition no sooner than 60 days and no later than 120 days
after the date of filing.
(B) More than three years, but no later than five years, after
the termination of juvenile court jurisdiction or, if the person
was placed under the jurisdiction of the Psychiatric Security
Review Board under ORS 419C.529, board jurisdiction, the court
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shall hold a hearing no sooner than 90 days and no later than 150
days after the date of filing.
(b) Notwithstanding paragraph (a) of this subsection, upon a
showing of good cause, the court may extend the period of time in
which a hearing on the petition must be held.
(8) When the state has the burden of proof under subsection (2)
of this section and proves by clear and convincing evidence that
the person is not rehabilitated and continues to pose a threat to
the safety of the public, the court shall deny the petition. When
the person has the burden of proof under subsection (2) of this
section and proves by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public, the court shall grant the petition.
(9) When a juvenile court enters an order relieving a person of
the requirement to report under ORS 181.595, 181.596 or 181.597,
the person shall send a certified copy of the juvenile court
order to the Department of State Police.
(10) If a person commits an act that could be charged as a sex
crime listed in ORS 137.707 and the person is 15, 16 or 17 years
of age at the time the act is committed, the state and the person
may stipulate that the person may not petition for relief under
this section as part of an agreement that the person be subject
to the jurisdiction of the juvenile court rather than being
prosecuted as an adult under ORS 137.707.
SECTION 95. ORS 181.826 is amended to read:
181.826. (1) Except as provided in subsection (6) of this
section, when a person is required to report under ORS 181.595,
181.596 or 181.597 as a result of having been found in a juvenile
adjudication in another United States court to have committed an
act while the person was under 18 years of age that would
constitute a sex crime if committed in this state by an adult,
the person may file a petition in the circuit court of the county
in which the person resides for an order relieving the person of
the duty to report { + . The person must pay the filing fee
established under section 8 of this 2011 Act. A petition may be
filed under this section only + } if:
(a) The person has been registered as a sex offender in this
state for at least two years;
(b) At least two years, but not more than five years, have
elapsed since the termination of supervision on probation or
parole; and
(c) The person submits with the petition all releases and
waivers necessary to allow the district attorney for the county
in which the petition is filed to obtain the following documents
from the jurisdiction in which the person was adjudicated for the
act for which reporting is required:
(A) The juvenile court petition;
(B) The dispositional report to the court;
(C) The order of adjudication or jurisdiction;
(D) Any other relevant court documents;
(E) The police report relating to the act for which reporting
is required;
(F) The order terminating jurisdiction for the act for which
reporting is required; and
(G) The evaluation and treatment records or reports of the
person that are related to the act for which reporting is
required.
(2) A person filing a petition under this section has the
burden of proving by clear and convincing evidence that the
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person is rehabilitated and does not pose a threat to the safety
of the public.
(3) Unless the court finds good cause for a continuance, the
court shall hold a hearing on the petition no sooner than 90 days
and no later than 150 days after the date the petition is filed.
(4) Notwithstanding subsection (1)(b) of this section, if a
person has not been registered as a sex offender in this state
for two years until more than five years have elapsed since the
termination of supervision on probation or parole, the person may
file a petition seeking relief under this section if the person
files the petition no later than 90 days after the date on which
the person has been registered as a sex offender in this state
for two years.
(5) If a person who files a petition under this section is
required to report as a sex offender for having committed an act
that if committed in this state could have subjected the person
to prosecution as an adult under ORS 137.707, the court may not
grant the petition notwithstanding the fact that the person has
met the burden of proof established in subsection (2) of this
section unless the court determines that to do so is in the
interest of public safety.
(6) This section does not apply to a person who is required to
register as a sex offender for life in the jurisdiction in which
the offense occurred.
(7) In a hearing under this section, the court may receive
testimony, reports and other evidence without regard to whether
the evidence is admissible under ORS 40.010 to 40.210 and 40.310
to 40.585 if the evidence is relevant to the determination and
findings required under this section. As used in this subsection,
' relevant evidence' has the meaning given that term in ORS
40.150.
(8) If the court is satisfied by clear and convincing evidence
that the person is rehabilitated and that the person does not
pose a threat to the safety of the public, the court shall enter
an order relieving the person of the duty to report. When the
court enters an order under this subsection, the person shall
send a certified copy of the court order to the Department of
State Police.
SECTION 96. { + The amendments to ORS 181.823 and 181.826 by
sections 94 and 95 of this 2011 Act apply only to proceedings
commenced on or after October 1, 2011. + }
{ +
' ADD-ONS' + }
{ +
(Generally) + }
SECTION 97. { + (1) Notwithstanding any other provision of
law, during the period commencing on July 1, 2011, and ending
September 30, 2011, all fees, charges and surcharges under ORS
21.111 (4), 21.112, 21.350, 21.480, 36.170, 105.130 (6) and
417.825 (1)(c) shall continue to be collected and shall be paid
into the General Fund and be available for general governmental
purposes.
(2) Notwithstanding any other provision of law, an ordinance,
resolution or other provision increasing the fee established
under ORS 21.112 that takes effect on or after July 1, 2011, is
void. The amount of the fee established under ORS 21.112 that is
in effect on June 30, 2011, for the county shall continue in
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effect for the period commencing on July 1, 2011, and ending
September 30, 2011. + }
{ +
(Legal Aid) + }
SECTION 97a. { + ORS 9.574 and 21.480 are repealed. + }
SECTION 97b. { + The repeal of ORS 21.480 by section 97a of
this 2011 Act becomes operative immediately after the amendments
to ORS 21.480 by section 34, chapter 107, Oregon Laws 2010,
become operative under section 35, chapter 107, Oregon Laws 2010,
as amended by section 151 of this 2011 Act. + }
{ + NOTE: + } Section 98 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 99. ORS 9.572 is amended to read:
9.572. (1) The Oregon State Bar shall by rule establish a Legal
Services Program. The program shall provide standards and
guidelines for legal service providers receiving funding from
{ - fees collected under ORS 21.480 - } { + the program + }.
The rules shall also provide methods for evaluating legal service
providers. Funding received under the program may be used only
for the provision of legal services to the poor without charge
and for expenses incurred by the Oregon State Bar in the
administration of the Legal Services Program.
(2) The Oregon State Bar shall appoint a director of the Legal
Services Program established under this section. The bar shall
prescribe the duties of the director and fix the salary of the
director.
(3) The Oregon State Bar may establish any advisory or
technical committees it deems necessary to advise the bar in
establishing and operating the Legal Services Program.
SECTION 100. ORS 9.576 is amended to read:
' 9.576. (1) The director of the Legal Services Program
appointed under ORS 9.572 shall periodically review legal service
providers who receive funding from { - fees collected under ORS
21.480 - } { + the program + }. If the director determines that
there are reasonable grounds to believe that a provider is not in
substantial compliance with the standards and guidelines adopted
under ORS 9.572, the director shall negotiate with the provider
in an attempt to bring the program into compliance.
(2) If the director of the Legal Services Program is unable to
negotiate satisfactory compliance with the standards and
guidelines of the program established by the Oregon State Bar
under ORS 9.572, the director shall give the provider 30 days in
which to bring the program into compliance. If the director
concludes that the program is not in compliance at the end of the
30-day period, the matter shall be submitted to mediation. The
director and the provider shall jointly select a mediator. If the
director and provider are unable to select a mediator within 15
days after the expiration of the 30-day period, any presiding
judge for a judicial district may appoint a mediator upon the
petition of the director.
(3) If mediation under subsection (2) of this section fails to
produce a resolution of the matter, the director shall give the
provider notice that a hearing will be held not sooner than 30
days after the date the notice is given. If, after hearing, the
director determines that the provider is not in compliance with
the standards and guidelines of the program and that the provider
has failed to show satisfactory progress towards achieving
compliance, the director shall suspend further funding of the
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program until such time as the provider makes a showing of
compliance.
SECTION 101. ORS 21.615 is amended to read:
21.615. (1) In an appeal to a circuit court from a justice
court or municipal court in an action for commission of a state
violation or an action for violation of a city charter or
ordinance, but not in an action for commission of a state
crime { + , + } { - : - }
{ - (a) - } the filing { - , - } { + and + } trial
{ - and law library - } fees required by { + section 8 of this
2011 Act and + } ORS { - 21.110, - } 21.270 { - and
21.350 - } are required of the appellant and respondent.
{ - (b) The legal aid fee required by ORS 21.480 is required
of the appellant. - }
(2) Payment of fees required by subsection (1) of this section
is subject to ORS 20.140.
(3) Fees required by subsection (1) of this section may be
waived or deferred by a judge of the circuit court for the reason
and in the manner provided in ORS 21.680 to 21.698.
SECTION 102. ORS 180.345 is amended to read:
180.345. (1) The Department of Justice is responsible for the
administration, supervision and operation of the program
authorized by Title IV-D of the Social Security Act (42 U.S.C.
651 et seq.), hereinafter the Child Support Program. The
Administrator of the Division of Child Support of the Department
of Justice is the Child Support Program Director for the State of
Oregon.
(2) The Department of Justice, by and through the director,
may:
(a) Enter into cooperative agreements with appropriate courts,
law enforcement officials, district attorneys, Indian tribes or
tribal organizations and state agencies to provide assistance in
carrying out Child Support Program services and any other matters
of common concern;
(b) Provide billing, receipting, record keeping, accounting and
distribution services for child and spousal support cases that
receive services required under state and federal law;
(c) Maintain the state plan required under federal law and act
as the liaison for the Child Support Program with the United
States Department of Health and Human Services;
(d) Establish policy and adopt rules for the operation of the
Child Support Program by the Department of Justice and by
entities entering into cooperative agreements under this section;
(e) Conduct performance and program audits of entities entering
into cooperative agreements under this section; and
(f) Perform any other act necessary or desirable to ensure the
effective administration of the Child Support Program under state
and federal law.
(3) The Department of Justice shall accept and disburse federal
funds made available to the state for provision of the Child
Support Program and all related functions in a manner consistent
with federal law. The department may retain the state share of
moneys recovered under child support assignments for the
administration of the Child Support Program as allowed under
federal regulations.
(4) It is the policy of the Child Support Program to inform
persons served by the program, in a manner consistent with
federal law, of resources not provided by the program that are
available for assistance in family law matters including, but not
limited to, services provided through the courts of this state,
Enrolled House Bill 2710 (HB 2710-C) Page 49
the Oregon State Bar, law schools and legal service providers
that receive funding from { - fees collected under ORS
21.480 - } { + the Legal Services Program established under ORS
9.572 + }. The program shall consult with the local family law
advisory committees established under ORS 3.434 to ensure that
eligible individuals are aware of the services offered by the
program. The policy described in this subsection shall be
incorporated into staff training and is applicable to all
entities that have entered into cooperative agreements with the
Department of Justice under this section.
(5) The director shall ensure that Child Support Program policy
and rules, to the maximum extent practicable, meet the needs of
the majority of families served by the program. The director
shall guide program staff regarding implementation of the policy
and rules.
SECTION 103. ORS 352.066 is amended to read:
352.066. (1) Pursuant to ORS 351.870, there is created within
the Oregon University System the Mark O. Hatfield School of
Government. The Mark O. Hatfield School of Government shall be
administered by Portland State University. The president of
Portland State University shall appoint the director of the Mark
O. Hatfield School of Government.
(2) The purposes of the Mark O. Hatfield School of Government
are:
(a) To prepare students for careers in political service,
public administration and the administration of justice;
(b) To perform the duties required of the school under ORS
{ - 21.480, - } 36.179, 183.502 and 390.240; and
(c) To assist the Criminal Justice Research and Policy
Institute in carrying out the duties under subsection (3) of this
section.
(3) There is created within the Mark O. Hatfield School of
Government the Criminal Justice Research and Policy Institute.
The institute may assist the Legislative Assembly and state and
local governments in developing policies to reduce crime and
delinquency by:
(a) Providing the Legislative Assembly with objective,
nonpartisan analyses of existing or proposed state criminal
justice policies, which analyses may not be inconsistent with
state or federal law or the Oregon or United States Constitution;
(b) Evaluating programs, including but not limited to programs
dealing with public safety professionalism, ethics in leadership
and childhood development, funded directly or indirectly by the
State of Oregon that are intended to reduce criminal and
delinquent behavior or to improve professionalism in public
safety careers;
(c) Managing reviews and evaluations relating to major
long-term issues confronting the state involving criminal and
juvenile justice, public safety professionalism, ethics in
leadership and early childhood development programs;
(d) Initiating, sponsoring, conducting and publishing research
on criminal and juvenile justice, public safety professionalism,
ethics in leadership and early childhood development that is peer
reviewed and directly useful to policymakers;
(e) Organizing conferences on current state issues that bring
together policymakers, public agencies and leading academicians;
and
(f) Seeking to strengthen the links among the Legislative
Assembly, state and local governments, the Oregon Criminal
Justice Commission, the Department of Public Safety Standards and
Enrolled House Bill 2710 (HB 2710-C) Page 50
Training and the academic community in the interest of more
informed policymaking, the application of best practices and more
relevant academic research.
(4) The Governor, the Chief Justice of the Supreme Court, the
President of the Senate, the Speaker of the House of
Representatives or the chairperson of a legislative committee
with responsibility over criminal or juvenile justice systems or
childhood development programs may request the assistance of the
Criminal Justice Research and Policy Institute in evaluating
criminal or juvenile justice programs developed for, but not
necessarily limited to, preventing delinquency, reducing crime
and improving professionalism in public safety careers.
(5) Agencies, departments and officers of state and local
governments may assist the Criminal Justice Research and Policy
Institute in the performance of its functions and furnish
information, data and advice as requested by the institute.
{ +
(Law Libraries) + }
SECTION 104. { + ORS 9.830, 9.840, 9.850 and 21.350 are
repealed. + }
SECTION 105. ORS 9.820 is amended to read:
9.820. In all counties containing more than 400,000
inhabitants, according to the latest federal decennial census,
the { + governing body of the + }county { - court or board
of county commissioners - } may contract with any law library
association or corporation owning and maintaining a law library
in the county at or convenient to the courthouse, for the use of
the library by the judges of the circuit and county courts,
county commissioners, district attorney and all members of the
bar { - , and shall, if the association permits the use of its
library by all members of the bar without charge, pay therefor
all library fees collected pursuant to ORS 21.350 (1) to the
library association or corporation for the use of the library - }
.
SECTION 106. ORS 8.125 is amended to read:
8.125. The State Court Administrator shall, to the extent
directed by the Chief Justice of the Supreme Court:
(1) Assist the Chief Justice in exercising administrative
authority and supervision under ORS 1.002.
(2) Consistent with applicable provisions of law and rules made
thereunder:
(a) Supervise the personnel plan for officers, other than
judges, and employees of the courts of this state who are state
officers or employees.
(b) Prescribe the form and content and supervise the
preparation of consolidated budgets, for submission to the
Legislative Assembly, applicable to expenditures made and
revenues received by the state in respect to the courts of this
state.
(c) Supervise an accounting system for the recording,
monitoring and auditing of expenditures made and revenues
received by the state in respect to the courts of this state.
(d) Establish and maintain inventory records of property of the
state in the custody or control of the courts of this state or
any judge, other officer or employee thereof.
(3) Conduct a continuing survey of the administrative methods
and activities, records, business and facilities of the courts of
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this state and make recommendations to the Chief Justice based on
the survey.
(4) Collect and compile statistical and other data relating to
the courts of this state and municipal courts, including the
caseload, workload, performance, status, management, expenses and
revenues of those courts, and make reports on the business and
condition of those courts.
(5) Establish and supervise a statewide public information
service concerning the courts of this state.
(6) Establish and supervise education programs for judges,
other officers and employees of the courts of this state and
municipal courts pertinent to the performance of the functions of
those judges, other officers and employees.
(7) Provide to the judges, other officers and employees of the
courts of this state, to attorneys and to the public appropriate
assistance services relating to the administration and management
of the courts of this state.
(8) Prepare and maintain a continuing long-range plan for
improvement and future needs of the courts of this state.
(9) Supervise and maintain the law libraries of the judicial
department of government of this state, including the State of
Oregon Law Library, and excluding county law libraries
{ - established under ORS 9.820 and 9.840 - } .
(10) Enter into contracts on behalf of the Judicial Department,
including but not limited to financing agreements entered into
pursuant to ORS 283.087.
(11) Prescribe minimum retention schedules and standards for
all records of the state courts and the administrative offices of
the state courts, including but not limited to minimum retention
schedules and standards for registers, dockets, indexes, files,
citations, notes, audio records, video records, stenographic
records, exhibits, jury records and fiscal and administrative
documents, whether maintained in paper, micrographic, electronic
or other storage form. The State Court Administrator shall ensure
that the minimum record retention schedules and standards
prescribed under this subsection conform with policies and
standards established by the State Archivist under ORS 192.105,
357.825 and 357.835 (1) for public records valued for legal,
administrative or research purposes.
{ +
(Dispute Resolution Programs) + }
SECTION 107. { + ORS 36.170 is repealed. + }
SECTION 107a. { + The repeal of ORS 36.170 by section 107 of
this 2011 Act becomes operative immediately after the amendments
to ORS 36.170 by section 38, chapter 107, Oregon Laws 2010,
become operative under section 20, chapter 659, Oregon Laws 2009,
as amended by section 144 of this 2011 Act. + }
{ +
(Domestic Relations Services) + }
SECTION 108. { + ORS 21.112 is repealed. + }
SECTION 109. ORS 107.795 is amended to read:
107.795. Nothing in ORS { - 21.112, - } 107.615 and 107.755
to 107.795 shall preclude a party from obtaining any orders
available under ORS 107.700 to 107.735 or ORS 124.005 to 124.040
before or during mediation.
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{ + NOTE: + } Section 110 was deleted by amendment.
Subsequent sections were not renumbered.
{ +
(Office of Children's Advocate) + }
SECTION 111. ORS 417.825 is amended to read:
417.825. (1) In addition to any other fees provided by law, the
appropriate agency:
(a) When birth certificates are registered with the state,
shall pay a $1 fee on each birth certificate registered with the
agency.
(b) That issues birth certificates for the state or a county,
shall collect a $1 fee on each birth certificate issued by the
agency.
{ - (c) When adoptions and divorces are filed with the court,
shall collect a $1 fee on each adoption and divorce filed with
the agency. - }
(2) The agencies paying or collecting the fees described in
subsection (1) of this section shall transfer moneys from the
fees imposed by this section to the State Treasurer for deposit
in the Department of Human Services Account established under ORS
409.060. The moneys deposited under this section are appropriated
continuously to the Department of Human Services for use by the
Office of Children's Advocate for the administration of ORS
417.805, 417.810 and 417.815.
{ +
(Domestic Violence Clinical Programs) + }
SECTION 112. { + ORS 352.655 is repealed. + }
SECTION 112a. { + Any funds in the Domestic Violence Clinical
Legal Education Account on the effective date of this 2011 Act
shall be transferred by the State Treasurer to the General
Fund. + }
{ +
(Low Income Housing) + }
SECTION 113. { + ORS 458.350, 458.355, 458.360 and 458.365 are
repealed. + }
SECTION 113a. { + Any funds in the Housing and Community
Services Department Low Income Rental Housing Fund on the
effective date of this 2011 Act shall be transferred by the State
Treasurer to the General Fund. + }
{ +
MISCELLANEOUS + }
SECTION 114. { + ORS 21.335, 21.420, 21.660, 21.670, 21.730
and 21.990 are repealed. + }
SECTION 114a. Section 8, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 8. + } (1) The amendments to ORS 18.999 by section
7 { + , chapter 659, Oregon Laws 2009, + } { - of this 2009
Act - } become operative
{ - July - } { + October + } 1, 2011.
(2) The amendments to ORS 18.999 by section 7 { + , chapter
659, Oregon Laws 2009, + } { - of this 2009 Act - } do not
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affect the amount that may be recovered under ORS 18.999, as in
effect immediately before
{ - July - } { + October + } 1, 2011, for writs of
garnishment issued on or after October 1, 2009, and before
{ - July - } { + October + } 1, 2011.
SECTION 114b. Section 6, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 6. + } The amendments to ORS 18.999 by section
5 { + , chapter 659, Oregon Laws 2009, + } { - of this 2009
Act - } become operative October 1, 2009, and apply only to
writs of garnishment issued on or after October 1, 2009, and
before { - July - } { + October + } 1, 2011.
SECTION 115. ORS 18.999, as amended by section 7, chapter 659,
Oregon Laws 2009, is amended to read:
18.999. This section establishes the right of a plaintiff to
recover certain moneys the plaintiff has expended to recover a
debt under ORS 18.854 or to enforce a judgment and establishes
procedures for that recovery. The following apply to this
section:
(1) When a plaintiff receives moneys under a garnishment,
attachment or payment, the plaintiff may proceed as follows:
(a) Before crediting the total amount of moneys received
against the judgment or debt, the plaintiff may recover and keep
from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of
this subsection, the plaintiff shall credit the remainder of the
moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section
shall not be considered moneys paid on and to be credited against
the original judgment or debt sought to be enforced. No
additional judgment is necessary to recover moneys in the manner
provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection
(1)(a) of this section are those described in subsection (4) of
this section that the plaintiff has paid to enforce the existing
specific judgment or debt that the specific garnishment or
attachment was issued to enforce or upon which the payment was
received. Moneys recoverable under subsection (1)(a) of this
section remain recoverable and, except as provided under
subsection (8) of this section, may be recovered from moneys
received by the plaintiff under subsequent garnishments,
attachments or payments on the same specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements
under subsection (3) of this section, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under { - ORS 21.325 - }
{ + sections 70 and 72 of this 2011 Act + }.
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an
amount not to exceed { - $12 - } { + $35 + } for each
garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 for motions and responses to
motions filed after entry of a judgment.
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(b) Interest on the amounts specified in paragraph (a) of this
subsection at the rate provided for judgments in ORS 82.010 for
the period of time beginning with the expenditure of the amount
and ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the
following:
(a) Maintaining a precise accounting of moneys recovered under
subsection (1)(a) of this section and making the accounting
available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the
plaintiff recovers under subsection (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section
remain subject to all other provisions of law relating to
payments, or garnished or attached moneys including, but not
limited to, those relating to exemption, claim of exemption,
overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to
recover moneys described in this section or other moneys in any
manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued
solely to recover moneys recoverable under subsection (1)(a) of
this section unless the right to collect the moneys is first
reduced to a judgment or to a debt enforceable under ORS 18.854.
SECTION 116. { + (1) The amendments to ORS 18.999 (4)(a)(C) by
section 115 of this 2011 Act apply only to circuit court fees
paid on or after October 1, 2011. Any circuit court fee paid
under ORS 21.325, as in effect immediately before October 1,
2011, may continue to be collected in the manner provided by ORS
18.999 on and after October 1, 2011.
(2) The amendments to ORS 18.999 (4)(a)(H) by section 115 of
this 2011 Act apply only to writs of garnishment issued on or
after October 1, 2011. + }
SECTION 117. ORS 24.190 is amended to read:
24.190. (1) For the purposes of this section:
(a) 'Foreign restraining order' means a restraining order that
is a foreign judgment as defined by ORS 24.105.
(b)(A) 'Restraining order' means an injunction or other order
issued for the purpose of preventing:
(i) Violent or threatening acts or harassment against another
person;
(ii) Contact or communication with another person; or
(iii) Physical proximity to another person.
(B) 'Restraining order' includes temporary and final orders,
other than support or child custody orders, issued by a civil or
criminal court regardless of whether the order was obtained by
filing an independent action or as a pendente lite order in
another proceeding. However, for a civil order to be considered a
restraining order, the civil order must have been issued in
response to a complaint, petition or motion filed by or on behalf
of a person seeking protection.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, immediately upon the arrival in this state of a
person protected by a foreign restraining order, the foreign
restraining order is enforceable as an Oregon order without the
necessity of filing and continues to be enforceable as an Oregon
order without any further action by the protected person.
(b) A foreign restraining order is not enforceable as an Oregon
order if:
(A) The person restrained by the order shows that:
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(i) The court that issued the order lacked jurisdiction over
the subject matter or lacked personal jurisdiction over the
person restrained by the order; or
(ii) The person restrained by the order was not given
reasonable notice and an opportunity to be heard under the law of
the jurisdiction in which the order was issued; or
(B) The foreign restraining order was issued against a person
who had petitioned for a restraining order unless:
(i) The person protected by the foreign restraining order filed
a separate petition seeking the restraining order; and
(ii) The court issuing the foreign restraining order made
specific findings that the person was entitled to the order.
(3)(a) A person protected by a foreign restraining order may
present a true copy of the order to a county sheriff for entry
into the Law Enforcement Data System maintained by the Department
of State Police. Subject to paragraph (b) of this subsection, the
county sheriff shall enter the order into the Law Enforcement
Data System if the person certifies that the order is the most
recent order in effect between the parties and provides proof of
service or other written certification that the person restrained
by the order has been personally served with a copy of the order
or has actual notice of the order. Entry into the Law Enforcement
Data System constitutes notice to all law enforcement agencies of
the existence of the restraining order. Law enforcement agencies
shall establish procedures adequate to ensure that an officer at
the scene of an alleged violation of the order may be informed of
the existence and terms of the order. The order is fully
enforceable as an Oregon order in any county or tribal land in
this state.
(b) The Department of State Police shall specify information
that is required for a foreign restraining order to be entered
into the Law Enforcement Data System.
(c) At the time a county sheriff enters an order into the Law
Enforcement Data System under paragraph (a) of this subsection,
the sheriff shall also enter the order into the databases of the
National Crime Information Center of the United States Department
of Justice.
(4) Pending a contempt hearing for alleged violation of a
foreign restraining order, a person arrested and taken into
custody pursuant to ORS 133.310 may be released as provided in
ORS 135.230 to 135.290. Unless the order provides otherwise, the
security amount for release is $5,000.
(5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and
24.155 do not apply to a foreign restraining order.
(6) A person protected by a foreign restraining order may file
a certified copy of the order and proof of service in the office
of the clerk of any circuit court of any county of this state. A
judgment so filed has the same effect and is subject to the same
procedures, defenses and proceedings for reopening, vacating or
staying as a judgment of the circuit court in which the foreign
judgment is filed, and may be enforced or satisfied in like
manner. The { + court may not collect a + } filing fee
{ - provided for in ORS 21.325 (3) shall not apply to - } { +
for + } a filing under this section.
SECTION 118. ORS 36.610 is amended to read:
36.610. (1) Except as otherwise provided in this section, a
party to an agreement to arbitrate or to an arbitration
proceeding may waive, or the parties may vary the effect of, the
requirements of ORS 36.600 to 36.740 to the extent permitted by
law.
Enrolled House Bill 2710 (HB 2710-C) Page 56
(2) Before a controversy arises that is subject to an agreement
to arbitrate, a party to the agreement may not:
(a) Waive or agree to vary the effect of the requirements of
this section or ORS 36.615 { - (1) - } , 36.620 (1), 36.630,
36.675 (1) or (2), 36.720 or 36.730;
(b) Agree to unreasonably restrict the right under ORS 36.635
to notice of the initiation of an arbitration proceeding;
(c) Agree to unreasonably restrict the right under ORS 36.650
to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under ORS 36.670 of a party to an agreement
to arbitrate to be represented by a lawyer at any proceeding or
hearing under ORS 36.600 to 36.740, but an employer and a labor
organization may waive the right to representation by a lawyer in
a labor arbitration.
(3) A party to an agreement to arbitrate or arbitration
proceeding may not waive, or the parties may not vary the effect
of, the requirements of this section or ORS 36.625, 36.660,
36.680, 36.690 (4) or (5), 36.700, 36.705, 36.710, 36.715 (1) or
(2), 36.735 or 36.740 or section 3 (1) or (3) or 31, chapter 598,
Oregon Laws 2003.
(4) Subsections (2) and (3) of this section do not apply to
agreements to arbitrate entered into by two or more insurers, as
defined by ORS 731.106, or self-insured persons for the purpose
of arbitration of disputes arising out of the provision of
insurance.
SECTION 119. ORS 46.488 is amended to read:
46.488. (1) A judgment creditor may not create a judgment lien
for a judgment entered in the small claims department of a
circuit court if the money award is less than $10, exclusive of
costs and disbursements. A judgment creditor may create a
judgment lien for a judgment entered in the small claims
department of a circuit court in an amount of $10 or more and
less than $3,000, exclusive of costs and disbursements, only as
provided in subsection (3) of this section.
(2) If a judgment is rendered in the small claims department in
an amount of $3,000 or more, the clerk shall note in the register
of the circuit court that the judgment creates a judgment lien if
the judgment otherwise complies with the requirements of ORS
chapter 18 for creating a judgment lien. A judgment creditor may
create a lien for the judgment in other counties in the manner
provided by ORS 18.152.
(3) When a judgment is entered in the small claims department
in an amount of $10 or more and less than $3,000, exclusive of
costs or disbursements, a judgment creditor may at any time
before expiration of judgment remedies for the judgment under ORS
18.180 create a judgment lien for the judgment by paying to the
clerk of the court that entered the judgment the fees established
{ - by ORS 21.325 (1) and (2) - } { + under section 70 (1)(a)
of this 2011 Act + } and requesting that the clerk of the court
note in the register and in the judgment lien record that the
judgment creates a judgment lien. Upon receipt of the fees and
request for creating a judgment lien, the clerk shall note in the
register that the judgment creates a judgment lien. Upon entry of
the notation in the register, the judgment creates a lien as
described in ORS 18.150, and a judgment creditor may create a
lien for the judgment in other counties in the manner provided by
ORS 18.152.
SECTION 120. ORS 52.635 is amended to read:
52.635. (1) After a judgment that includes a money award is
docketed in a justice court, a certified copy of the judgment or
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a lien record abstract for the judgment may be recorded in the
County Clerk Lien Record for the county that contains the justice
court that rendered the judgment. The certified copy or lien
record abstract may be recorded by the judgment creditor or by
the agent of the judgment creditor at any time after the judgment
is rendered and before the judgment expires under ORS 18.194 or
is fully satisfied. From the time the certified copy of the
judgment or the lien record abstract is recorded in the County
Clerk Lien Record, the judgment is a lien upon the real property
of the defendant in the county.
(2) In lieu of recording a certified copy of a judgment or a
lien record abstract for a judgment under subsection (1) of this
section, a judgment that includes a money award rendered by a
justice court in a civil action may be transcribed to the circuit
court for the county that contains the justice court that
rendered the judgment. The judgment may be transcribed by the
filing of a certified transcript of the judgment with the clerk
of the circuit court. The transcript must contain a copy of all
the docket entries made in the case and the judgment as rendered
by the justice court, certified to be a true and correct
transcript from the original entries by the justice court. Upon
filing of the certified transcript, the clerk shall enter the
transcribed judgment in the register of the circuit court and in
the judgment lien record. The clerk shall note in the register
that the transcribed judgment creates a judgment lien. A judgment
in a criminal action may not be transcribed to circuit court
under the provisions of this subsection.
(3) A certified copy of a judgment docketed in a justice court,
or a lien record abstract for the judgment, may be recorded in
any County Clerk Lien Record. The judgment or lien record
abstract may be recorded in a county other than the county that
contains the justice court that rendered the judgment without
transcribing the justice court judgment to the circuit court for
the county that contains the justice court that rendered the
judgment, or recording a certified copy of the judgment or a lien
record abstract for the judgment in the County Clerk Lien Record
for the county that contains the justice court. If the judgment
has been transcribed to circuit court, or a certified copy of the
judgment or a lien record abstract for the judgment has been
recorded in any County Clerk Lien Record, a lien record abstract
for the judgment in the form provided by ORS 18.170 may be
recorded in the County Clerk Lien Record for any other county.
From the time the certified copy of the judgment or lien record
abstract for the judgment is recorded in the County Clerk Lien
Record of another county, the judgment is a lien upon the real
property of the defendant in that county.
(4) A certified copy of a certificate of extension filed under
ORS 18.194, or a lien record abstract for the certificate of
extension, may be transcribed to circuit court or recorded in a
County Clerk Lien Record in the same manner as provided for
judgments under this section and with like effect.
(5) The transcribing of a justice court judgment to circuit
court under this section, or the recording of a certified copy of
a justice court judgment or a lien record abstract under this
section, does not extend the lien of the judgment more than 10
years from the original entry of the judgment in the justice
court.
(6) The fee for filing a transcript with the clerk of the
circuit court under subsection (2) of this section shall be as
provided in { - ORS 21.325 (2) - } { + section 70 (1) of this
Enrolled House Bill 2710 (HB 2710-C) Page 58
2011 Act + }. The fee for recording a certified copy of a justice
court judgment or a lien record abstract under this section shall
be as provided in ORS 205.320.
(7) A justice court and circuit court may enter into an
agreement to allow for electronic transcription of justice court
judgments under this section. A justice court and county clerk
may enter into an agreement to allow for electronic recording of
judgments and lien record abstracts under this section.
SECTION 121. { + The amendments to ORS 52.635 by section 120
of this 2011 Act apply only to transcripts filed in circuit
courts on or after October 1, 2011. + }
SECTION 122. ORS 105.938 is amended to read:
105.938. (1) Upon petition of an insurer, a court may order
that data from a motor vehicle event data recorder be retrieved
or used without the consent of the owner of the motor vehicle
after an accident if the court determines that:
(a) The owner has a policy of insurance for the vehicle issued
by the insurer;
(b) The data is necessary to reconstruct the facts of the
accident and to allow the insurer to determine the obligations of
the insurer under the insurance policy; and
(c) An accurate and timely determination of the facts of the
accident cannot occur without the data.
(2) A petition under this section must be filed in the circuit
court for the county in which the owner of the motor vehicle
resides. The petition must be served on the owner in the manner
provided by ORCP 7 not less than 30 days before a hearing on the
petition. An insurer filing a petition under this section must
pay the filing fee specified by { - ORS 21.110 - } { +
section 8 of this 2011 Act + }.
SECTION 123. { + The amendments to ORS 105.938 by section 122
of this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
SECTION 124. ORS 109.100 is amended to read:
109.100. (1) Any minor child or the administrator may, in
accordance with ORCP 27 A, apply to the circuit court in the
county in which the child resides, or in which the natural or
adoptive father or mother of the child may be found, for an order
upon the child's father or mother, or both, to provide for the
child's support. The child or the administrator may apply for the
order by filing in the county a petition setting forth the facts
and circumstances relied upon for the order. If satisfied that a
just cause exists, the court shall direct that the father or
mother appear at a time set by the court to show cause why an
order of support should not be entered in the matter.
(2) The petitioner shall state in the petition, to the extent
known:
(a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the minor
child, including a proceeding brought under ORS 25.287, 107.085,
107.135, 107.431, 108.110, 109.103, 109.165, 125.025, 416.400 to
416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(b) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the minor child.
(3) The petitioner shall include with the petition a
certificate regarding any pending support proceeding and any
existing support order. The petitioner shall use a certificate
that is in a form established by court rule and include
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information required by court rule and subsection (2) of this
section.
(4) The judgment of a court under subsection (1) of this
section is final as to any installment or payment of money that
has accrued up to the time either party makes a motion to set
aside, alter or modify the judgment, and the court may not set
aside, alter or modify the judgment, or any portion thereof, that
provides for any payment of money that has accrued prior to the
filing of the motion.
(5) The provisions of ORS 108.120 { - and 108.130 - } apply
to proceedings under subsection (1) of this section.
(6) In any proceeding under this section, both the child's
physical and legal custodians are parties to the action.
SECTION 125. ORS 114.720 is amended to read:
114.720. (1) A surviving spouse may claim the elective share by
filing a petition for the exercise of the election in a circuit
court within the time allowed by ORS 114.610 (1)(c). Venue for
the proceeding is as provided in ORS 113.015. A copy of the
petition must be served on all persons who would be entitled to
receive information under ORS 113.145 and on all distributees and
recipients of portions of the augmented estate known to the
surviving spouse who can be located with reasonable efforts. The
fee for filing a petition under this subsection shall be the
amount prescribed in { - ORS 21.310 - } { + section 21 of
this 2011 Act + }, based on the value of the nonprobate estate.
The Oregon Rules of Civil Procedure apply to proceedings under
this section. Any party to a proceeding under this section may
request that the pleadings and records in the proceeding be
sealed.
(2) A surviving spouse may withdraw a petition filed under this
section at any time before entry of a judgment on the petition.
(3) If a probate proceeding is commenced for the estate of the
deceased spouse under ORS 113.035 either before or after a
petition is filed under this section, the court shall consolidate
the proceedings under this section with the probate proceedings.
SECTION 126. { + The amendments to ORS 114.720 by section 125
of this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
SECTION 127. ORS 125.060 is amended to read:
125.060. (1) The notices required by this section must be given
to all persons whose identities and addresses can be ascertained
in the exercise of reasonable diligence by the person required to
give the notice.
(2) Notice of the filing of a petition for the appointment of a
fiduciary or entry of other protective order must be given by the
petitioner to the following persons:
(a) The respondent, if the respondent has attained 14 years of
age.
(b) The spouse, parents and adult children of the respondent.
(c) If the respondent does not have a spouse, parent or adult
child, the person or persons most closely related to the
respondent.
(d) Any person who is cohabiting with the respondent and who is
interested in the affairs or welfare of the respondent.
(e) Any person who has been nominated as fiduciary or appointed
to act as fiduciary for the respondent by a court of any state,
any trustee for a trust established by or for the respondent, any
person appointed as a health care representative under the
provisions of ORS 127.505 to 127.660 and any person acting as
attorney-in-fact for the respondent under a power of attorney.
Enrolled House Bill 2710 (HB 2710-C) Page 60
(f) If the respondent is a minor, the person who has exercised
principal responsibility for the care and custody of the
respondent during the 60-day period before the filing of the
petition.
(g) If the respondent is a minor and has no living parents, any
person nominated to act as fiduciary for the minor in a will or
other written instrument prepared by a parent of the minor.
(h) If the respondent is receiving moneys paid or payable by
the United States through the Department of Veterans Affairs, a
representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(i) If the respondent is receiving moneys paid or payable for
public assistance provided under ORS chapter 411 by the State of
Oregon through the Department of Human Services, a representative
of the department.
(j) If the respondent is receiving moneys paid or payable for
medical assistance provided under ORS chapter 414 by the State of
Oregon through the Oregon Health Authority, a representative of
the authority.
(k) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
and the superintendent or other officer in charge of the facility
in which the respondent is confined.
(L) If the respondent is a foreign national, the consulate for
the respondent's country.
(m) Any other person that the court requires.
(3) Notice of a motion for the termination of the protective
proceedings, for removal of a fiduciary, for modification of the
powers or authority of a fiduciary, for approval of a fiduciary's
actions or for protective orders in addition to those sought in
the petition must be given by the person making the motion to the
following persons:
(a) The protected person, if the protected person has attained
14 years of age.
(b) Any person who has filed a request for notice in the
proceedings.
(c) Except for a fiduciary who is making a motion, any
fiduciary who has been appointed for the protected person.
(d) If the protected person is receiving moneys paid or payable
by the United States through the Department of Veterans Affairs,
a representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(e) If the protected person is committed to the legal and
physical custody of the Department of Corrections, the Attorney
General and the superintendent or other officer in charge of the
facility in which the protected person is confined.
(f) Any other person that the court requires.
(4) A request for notice under subsection (3)(b) of this
section must be in writing and include the name, address and
phone number of the person requesting notice. A copy of the
request must be mailed by the person making the request to the
petitioner or to the fiduciary if a fiduciary has been appointed.
The original request must be filed with the court. The person
filing the request must pay the fee specified by { - ORS 21.310
(5) - } { + section 8 of this 2011 Act + }.
(5) A person who files a request for notice in the proceedings
in the manner provided by subsection (4) of this section is
entitled to receive notice from the fiduciary of any motion
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specified in subsection (3) of this section and of any other
matter to which a person listed in subsection (2) of this section
is entitled to receive notice under a specific provision of this
chapter.
(6) If the Department of Human Services is nominated as
guardian for the purpose of consenting to the adoption of a
minor, the notice provided for in this section must also be given
to the minor's brothers, sisters, aunts, uncles and grandparents.
(7) In addition to the requirements of subsection (2) of this
section, notice of the filing of a petition for the appointment
of a guardian for a person who is alleged to be incapacitated
must be given by the petitioner to the following persons:
(a) Any attorney who is representing the respondent in any
capacity.
(b) If the respondent is a resident of a nursing home or
residential facility, or if the person nominated to act as
fiduciary intends to place the respondent in a nursing home or
residential facility, the office of the Long Term Care Ombudsman.
(c) If the respondent is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the person nominated to act as
fiduciary intends to place the respondent in such a facility, the
system described in ORS 192.517 (1).
(8) In addition to the requirements of subsection (3) of this
section, in a protective proceeding in which a guardian has been
appointed, notice of the motions specified in subsection (3) of
this section must be given by the person making the motion to the
following persons:
(a) Any attorney who represented the protected person at any
time during the protective proceeding.
(b) If the protected person is a resident of a nursing home or
residential facility, or if the motion seeks authority to place
the protected person in a nursing home or residential facility,
the office of the Long Term Care Ombudsman.
(c) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the motion seeks authority to
place the protected person in such a facility, the system
described in ORS 192.517 (1).
(9) A respondent or protected person may not waive the notice
required under this section.
(10) The requirement that notice be served on an attorney for a
respondent or protected person under subsection (7)(a) or (8)(a)
of this section does not impose any responsibility on the
attorney receiving the notice to represent the respondent or
protected person in the protective proceeding.
SECTION 128. { + The amendments to ORS 125.060 by section 127
of this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
SECTION 129. ORS 125.075 is amended to read:
125.075. (1) Any person who is interested in the affairs or
welfare of a respondent or protected person may present
objections to a petition or to a motion in a protective
proceeding, including but not limited to:
(a) Any person entitled to receive notice under ORS 125.060.
(b) Any stepparent or stepchild of the respondent or protected
person.
(c) Any other person the court may allow.
(2) Objections to a petition may be either written or oral.
Objections to a motion must be in writing. Objections to a
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petition or to a motion must be made or filed with the court
within 15 days after notice of the petition or motion is served
or mailed in the manner prescribed by ORS 125.065. The court
shall designate a place where oral objections may be made. If a
person appears within the time allowed at the place designated by
the court for the purpose of making oral objections, the clerk of
the court shall provide a means of reducing the oral objections
to a signed writing for the purpose of filing the objection.
(3) If objections are presented by any of the persons listed in
subsection (1) of this section, the court shall schedule a
hearing on the objections. The petitioner or person making the
motion shall give notice to all persons entitled to notice under
ORS 125.060 (3) of the date, time and place of the scheduled
hearing at least 15 days before the date set for hearing. Notice
shall be given in the manner prescribed by ORS 125.065.
(4) Notwithstanding { - ORS 21.310 - } { + section 21 of
this 2011 Act + }, the court shall not charge or collect any fee
from a respondent or protected person for the filing of
objections under the provisions of this section or for the filing
of any motion by a respondent or protected person.
(5) The court for good cause shown may provide for a different
method or time of giving notice under subsection (3) of this
section.
SECTION 130. ORS 125.605 is amended to read:
125.605. (1) In addition to the requirements of ORS 125.055, a
petition for the appointment of a temporary fiduciary must
contain allegations of the conditions required under ORS 125.600.
(2) Notice of a petition for the appointment of a temporary
fiduciary must be given to the persons specified in ORS 125.060
(2) in the manner provided by ORS 125.065 at least two days
before the appointment of a temporary fiduciary. The court may
waive the requirement that notice be given before appointment if
the court finds that the immediate and serious danger requires an
immediate appointment. In no event may the notice required by ORS
125.060 be given more than two days after the appointment is
made.
(3) Notice of a motion for the extension of a temporary
fiduciary's authority beyond 30 days under ORS 125.600 (3) must
be given to the persons specified in ORS 125.060 (2) in the
manner provided by ORS 125.065 at least two days before the entry
of an order granting the extension.
(4) The court shall appoint a visitor if the petition seeks
appointment of a temporary guardian. A visitor may be appointed
by the court if a petition seeks appointment of a temporary
conservator. Within three days after the appointment of the
temporary fiduciary, the visitor shall conduct an interview of
the respondent. The visitor shall report to the court within five
days after the appointment of a temporary fiduciary is made. The
report of the visitor shall be limited to the conditions alleged
to support the appointment of a temporary fiduciary.
(5) If objections are made to the appointment of a temporary
fiduciary or to the extension of a temporary fiduciary's
authority under ORS 125.600 (3), the court shall hear the
objections within two judicial days after the date on which the
objections are filed. Notwithstanding { - ORS 21.310 - } { +
section 21 of this 2011 Act + }, no fee shall be charged to any
person filing an objection to the appointment of a temporary
fiduciary or to the extension of a temporary fiduciary's
authority under ORS 125.600 (3).
Enrolled House Bill 2710 (HB 2710-C) Page 63
SECTION 131. ORS 130.355, as amended by sections 43 and 44,
chapter 107, Oregon Laws 2010, is amended to read:
130.355. (1) At any time after the death of a settlor of a
trust described in ORS 130.350 (2), a trustee of the trust may
petition the probate court to determine the claims of creditors
of the settlor. A petition under this section must include all of
the following information to the extent known by the trustee:
(a) The settlor's name, the settlor's date of birth, the
settlor's date and place of death and the last four digits of the
settlor's Social Security number.
(b) The name of the trustee.
(c) The address at which claims must be presented.
(d) The name of the trust, if any, and the date of the trust,
including the dates of any amendments.
(e) The facts establishing venue in the county where the
petition is being filed.
(2) The clerk of the court shall charge and collect in advance
from the trustee the filing fee required from a plaintiff under
{ - ORS 21.110 (1) - } { + section 8 of this 2011 Act + }.
(3) A proceeding under this section may be brought only:
(a) In the county where the settlor had domicile or a place of
abode at the time of death;
(b) In any county where assets of the trust were located at the
time of death or are located at the time the proceeding is
commenced; or
(c) In the county where the settlor died.
(4) The court has personal jurisdiction over a trustee that
files a petition under this section, whether the trustee is a
resident or nonresident of this state, for the purposes of any
proceeding relating to the trust that may be instituted by an
interested person.
SECTION 132. { + The amendments to ORS 130.355 by section 131
of this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
SECTION 133. ORS 130.400, as amended by sections 46 and 47,
chapter 107, Oregon Laws 2010, is amended to read:
130.400. (1) The trustee may compromise a claim against the
trust estate.
(2) A claim presented to a trustee under ORS 130.350 to 130.450
shall be considered allowed as presented unless within 60 days
after the date of presentment of the claim the trustee mails or
delivers a notice of disallowance of the claim in whole or in
part to the claimant and to the attorney of the claimant if the
claimant has an attorney.
(3) A notice of disallowance of a claim shall inform the
claimant that the claim has been disallowed in whole or in part
and, to the extent disallowed, will be barred unless the claimant
requests a summary determination or brings an action in the
manner provided by subsection (4) of this section.
(4) If a trustee disallows a claim submitted under ORS 130.350
to 130.450 in whole or in part, the claimant, within 30 days
after the date of mailing or delivery of the notice of
disallowance, may:
(a) File a request for summary determination of the claim in
the probate court, with proof of service of a copy of the request
upon the trustee or the attorney of the trustee; or
(b) Commence a separate action against the trustee on the claim
in the probate court.
(5) If the claimant fails either to request a summary
determination or commence a separate action as provided in
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subsection (4) of this section, the claim is barred to the extent
the claim has been disallowed by the trustee.
(6) If a claimant prevails in a proceeding or action under
subsection (4) of this section, the claim shall be allowed or
judgment entered in the full amount determined to be due to the
claimant. The claim or judgment shall be paid from the assets of
the trust estate only to the extent that funds are available
after payment of other claims with higher priority under ORS
130.425.
(7) If the claimant files a request for summary determination
of a claim under subsection (4) of this section, the trustee may
notify the claimant in writing that the claimant must commence a
separate action against the trustee on the claim within 60 days
after the claimant receives the notice. Notice under this
subsection must be given by the trustee within 30 days after the
request for summary determination is served on the trustee or the
attorney of the trustee. If the claimant fails to commence a
separate action within the time allowed, the claim is barred to
the extent the claim has been disallowed by the trustee.
(8) In a proceeding for summary determination under this
section:
(a) The trustee shall make response to the claim as though the
claim were a complaint filed in an action.
(b) The court shall hear the matter without a jury, after
notice to the claimant and trustee. The court shall determine the
claim in a summary manner, and shall make an order allowing or
disallowing the claim in whole or in part.
(c) No appeal may be taken from the order of the court made in
a proceeding for summary determination under this section.
(9) If a civil action is commenced under subsection (4) of this
section, a trustee, or beneficiary, may petition the court to
approve a proposed disposition of claims or to provide
instructions on the treatment of claims.
(10) A claimant filing a request for summary determination of a
claim under subsection (4) of this section must pay the filing
fee required of a defendant or respondent under { - ORS 21.110
(1) - } { + section 8 of this 2011 Act + } and other fees
applicable to civil actions in circuit court.
SECTION 134. { + The amendments to ORS 130.400 by section 133
of this 2011 Act apply only to proceedings commenced on or after
October 1, 2011. + }
SECTION 135. ORS 182.040 is amended to read:
182.040. (1) All state boards and commissions that are
supported by fees, fines, licenses or taxes or other forms of
income not derived from a direct tax on tangible property shall
pay the various counties of the State of Oregon the same fees
required of others for services rendered.
(2) ORS 182.040 to 182.060 do not apply to:
(a) Except for those fees required in ORS 205.320, services
rendered for the Bureau of Labor and Industries on wage claims
assigned to it for collection.
(b) Any of the provisions or requirements of ORS
{ - 21.310, - } 52.410 to 52.440, 156.160, 205.360 and
205.370 { + and section 21 of this 2011 Act + }.
SECTION 136. ORS 205.360 is amended to read:
205.360. The clerk of the county court shall receive and
receipt for fees prescribed in { - ORS 21.310 - } { + section
21 of this 2011 Act + } that are collected by the clerk, stating
in the receipt the amount so received, from whom received and on
what account the amount was received, specifying the cause or
Enrolled House Bill 2710 (HB 2710-C) Page 65
proceeding. If it is ascertained at any time that the clerk has
received any such fees not so accounted for, or done service
without collecting fees therefor as provided in { - ORS
21.310 - } { + section 21 of this 2011 Act + }, or neglected
duty in any other respect, the payment of salary of the clerk
shall be withheld until the matter is fully rectified.
SECTION 137. ORS 701.133, as amended by sections 49 and 50,
chapter 107, Oregon Laws 2010, is amended to read:
701.133. (1) Unless otherwise provided by the Construction
Contractors Board by rule, before filing a complaint under ORS
701.139, a person must send notice to the contractor that the
person intends to file the complaint. The person must send the
notice at least 30 days before filing the complaint. The notice
must be mailed by certified mail to the last known address of the
contractor as shown in board records. The board by rule may:
(a) Specify the manner in which the person may show compliance
with this subsection at the time of filing the complaint.
(b) Provide that all or part of the requirements for sending a
notice under this subsection may be waived if the contractor, by
other means, has actual notice of the dispute with the person
filing the complaint.
(2) If the notice described in subsection (1) of this section
is mailed to the contractor fewer than 45 days before expiration
of the time limitation under ORS 701.143 for the board to receive
the complaint, the time limitation for the board to receive the
complaint does not expire until 60 days after the notice is
mailed.
(3) The board by rule may impose a processing fee for
complaints filed under ORS 701.139. The fee amount may not exceed
{ - the amount of the filing fee provided by ORS 21.110 (1) for
a plaintiff filing a civil action in circuit court - } { +
$100 + }. The board may impose different processing fees for
complaints processed under ORS 701.145 than for complaints
processed under ORS 701.146.
(4) If the board adopts rules under subsection (3) of this
section, the rules:
(a) Except as provided in paragraphs (b) and (c) of this
subsection, must provide that a prevailing complainant recover
processing fees as damages in the final order of the board.
(b) Must provide that the board may waive or defer all or part
of the processing fee upon application by the person filing the
complaint that shows the person is unable to pay all or part of
the fee. The application must be made under oath and notarized.
The application must show the average monthly income and expenses
of the complainant, assets and liabilities of the complainant and
any other information required by board rule.
(c) May provide for the processing fee to be waived for all
complaints that are based on the furnishing of labor by a
complainant to a contractor. The board may provide for processing
fee waiver under this paragraph only if, in the opinion of the
board, a majority of complainants who file complaints based on
the furnishing of labor to contractors are eligible for fee
waivers as described in paragraph (b) of this subsection.
{ +
CHAPTER 659, OREGON LAWS 2009 + }
{ +
(ENROLLED HOUSE BILL 2287 (2009)), + }
{ +
SURCHARGES + }
Enrolled House Bill 2710 (HB 2710-C) Page 66
{ +
(Elimination of Judicial System Surcharge Account) + }
SECTION 138. { + Section 1, chapter 659, Oregon Laws 2009, is
repealed. + }
SECTION 139. { + Any funds in the Judicial System Surcharge
Account on the effective date of this 2011 Act shall be
transferred by the State Treasurer to the General Fund. + }
{ +
(Offense Surcharge) + }
SECTION 140. Section 2, chapter 659, Oregon Laws 2009, as
amended by section 20, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 2. + } (1) In all cases of conviction for the
commission of a crime or violation, excluding parking violations,
the trial court, whether a circuit, justice or municipal court,
shall impose upon the defendant, in addition to any fine, cost or
other monetary obligation imposed, an offense surcharge under
this section. Except when the person successfully asserts the
defense set forth in ORS 419C.522, the offense surcharge shall
also be imposed by the circuit court and county court in juvenile
cases under ORS 419C.005 (1). The offense surcharge is a penal
obligation in the nature of a fine and shall be in an amount as
follows:
(a) $35 in the case of a felony.
(b) $35 in the case of a misdemeanor.
(c) $45 in the case of a violation as described in ORS 153.008.
(2) A court may waive all or part of the offense surcharge
required by this section only if the court imposes no fine on the
defendant.
(3) The offense surcharge required by this section shall be
imposed only for offenses that are committed on or after October
1, 2009, and before July 1, 2011.
(4)(a) Offense surcharges imposed under this section are part
of the base fine for the purposes of ORS chapter 153.
(b) The provisions of ORS 153.093 do not affect the amount of
the offense surcharge imposed and collected under this section,
and the amount calculated under ORS 153.093 (1) includes the full
amount of the offense surcharge.
(5) Offense surcharges imposed in a circuit court under this
section are category 3 monetary obligations for the purposes of
ORS 137.295 and shall be collected as provided in ORS 137.295.
Offense surcharges imposed in a justice court, county court or
municipal court under this section are category 4 monetary
obligations for the purposes of ORS 137.295 and shall be
collected as provided in ORS 137.295. Amounts collected as
offense surcharges under this section { - may not be deposited
in the Criminal Fine and Assessment Account, or transferred to
the Department of Revenue, under ORS 137.295 (5), but - } must
be deposited or paid as follows:
(a) Offense surcharges imposed in circuit courts shall be
deposited by the Department of Revenue in the { - Judicial
System Surcharge Account - } { + General Fund + }.
(b) Offense surcharges imposed in a justice court or county
court shall be paid to the county treasurer.
(c) Offense surcharges imposed in a municipal court shall be
paid to the city treasurer.
Enrolled House Bill 2710 (HB 2710-C) Page 67
{ - (6) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from amounts imposed as offense surcharges under this
section. - }
{ +
(Filing Fee Surcharges and Temporary Fees) + }
SECTION 141. Section 4, chapter 659, Oregon Laws 2009, as
amended by section 25, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 4. + } (1) In addition to the fees provided for in
ORS 21.010 (1), for the period commencing October 1, 2009, and
ending
{ - June 30 - } { + September 30 + }, 2011, at the time of
filing a response in the Court of Appeals or the Supreme Court,
the State Court Administrator shall collect a surcharge of $8.
(2)(a) In addition to the fees provided for in ORS 21.111 (1),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, in the proceedings specified
in ORS 21.111 (2) the clerk of the circuit court shall collect a
surcharge of $5 from the petitioner at the time the petition is
filed, and shall collect a surcharge of $3 from the respondent
upon the respondent making an appearance.
(b) In addition to the fees provided for in ORS 21.111 (3), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the circuit
court shall collect from the moving party a surcharge of $3 at
the time of the filing of a motion for the modification of a
decree of marital annulment, dissolution or separation, if the
motion is filed more than one year after the entry of the decree
in the register of the court.
(3) In addition to the fees provided for ORS 21.114 (1), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the court shall
collect:
(a) In an adoption proceeding, a surcharge of $2 from the party
filing the petition for adoption and a surcharge of $1 from an
objecting party appearing separately or objecting parties
appearing jointly.
(b) In a change of name proceeding, a surcharge of $61 from the
party filing the application for change of name and a surcharge
of $61 from an objecting party appearing separately or objecting
parties appearing jointly.
(4) In addition to the fee provided for in ORS 21.114 (3), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, in any adoption or change of
name proceeding in a court having jurisdiction, the clerk of the
court shall collect from the party having the affirmative of the
issue, at the time the proceeding comes on for trial or hearing
upon the issues of fact or law involved therein, a surcharge of
$2.
(5)(a) In addition to the trial fee provided for in ORS 21.270
(2), for the period commencing October 1, 2009, and ending
{ - June 30 - } { + September 30 + }, 2011, the clerk of the
circuit court shall collect from the plaintiff, appellant or
moving party, for a trial on the merits without a jury, a
surcharge on the trial fee of $33 for each full or partial day of
the trial.
Enrolled House Bill 2710 (HB 2710-C) Page 68
(b) In addition to the jury trial fee provided for in ORS
21.270 (3), for the period commencing October 1, 2009, and ending
{ - June 30 - } { + September 30 + }, 2011, the clerk shall
collect from the plaintiff or appellant, for a trial by a jury of
more than six persons, a surcharge on the jury trial fee of $32
for each full or partial day of the trial. The clerk shall
collect from the plaintiff or appellant, for a trial by a jury of
six persons, a surcharge on the jury trial fee of $40 for each
full or partial day of the trial.
(6) In addition to the hearing fee provided for in ORS 21.275
(3), for the period commencing October 1, 2009, and ending
{ - June 30 - } { + September 30 + }, 2011, the clerk of the
circuit court shall collect a surcharge on the hearing fee of $12
if the hearing period is not more than three hours or $33 if the
hearing period is more than three hours.
(7)(a) In addition to the fees provided for in ORS 21.310 (1),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the court shall
collect the following surcharges for the filing of the initial
papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and
contest of wills, or in any conservatorship proceeding:
________________________________________________________________
Where the amount of the estate is:
1. Not more than $10,000--a surcharge of $1.
2. More than $10,000 and not more than $25,000--a surcharge of
$4.
3. More than $25,000 and not more than $50,000--a surcharge of
$8.
4. More than $50,000 and not more than $100,000--a surcharge of
$12.
5. More than $100,000 and not more than $500,000--a surcharge
of $15.
6. More than $500,000 and not more than $1,000,000--a surcharge
of $19.
7. More than $1,000,000--a surcharge of $23.
________________________________________________________________
(b) In addition to the fee provided for in ORS 21.310 (3), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk shall collect a
surcharge of $1 for the filing of the initial papers in any
guardianship proceeding.
(c) In addition to the fee provided for in ORS 21.310 (5), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, at the time of filing any
answer, motion or objection in a probate proceeding or protective
proceeding under ORS chapter 125, the party filing the answer,
motion or objection shall pay a surcharge of $1 to the clerk.
(d) In addition to the fee provided for in ORS 21.310 (7), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk shall collect from
the party having the affirmative of the issue, at the time the
proceeding comes on for trial or hearing upon the issues of fact
or law involved therein, a surcharge on the trial or hearing fee
of $2.
(8) In addition to the fees provided for in ORS 21.325 (3), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the court shall
Enrolled House Bill 2710 (HB 2710-C) Page 69
collect a surcharge of $2 for the filing of a copy of foreign
judgment and affidavit filed as provided in ORS 24.115 and 24.125
or the filing of a copy of child custody determination of another
state filed as provided in ORS 109.787.
(9) In addition to the fees provided for in ORS 21.325 (4), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the court shall
collect a surcharge of $6 for issuing a writ of execution or a
writ of garnishment.
(10) In addition to the fee provided for in ORS 34.340, for the
period commencing October 1, 2009, and ending { - June 30 - }
{ + September 30 + }, 2011, the clerk of the court shall
collect a surcharge of $1 upon the filing of a petition for a
writ of habeas corpus.
(11) In addition to the fees provided for in ORS 36.520 (5),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the circuit
court shall collect from the party making application for setting
aside under ORS 36.520 (1) a surcharge of $2 and from a party
filing an appearance in opposition to the application a surcharge
of $1.
(12) In addition to the fee provided for in ORS 36.522 (3), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the circuit
court shall collect a surcharge of $1 for the filing of an
arbitral award or application for enforcement of an arbitral
award under ORS 36.522.
(13) In addition to the fee provided for in ORS 36.524 (1), for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the circuit
court shall collect a surcharge of $1 for the filing under ORS
36.524 (1).
(14) In addition to the fee provided for in ORS 36.615 (1)(b),
for the period commencing October 1, 2009, and ending
{ - June 30 - } { + September 30 + }, 2011, the clerk of the
circuit court shall collect a surcharge of $2 upon the filing of
a petition to seek confirmation, vacation, modification or
correction of an award under ORS 36.700, 36.705 or 36.710, and a
surcharge of $1 from a person filing an appearance in opposition
to the petition.
(15) In addition to the fees provided for in ORS 46.570 (1),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, in the small claims
department of a circuit court the clerk of the court shall
collect:
(a) A $24 surcharge when a defendant demands a hearing and the
amount or value claimed by the plaintiff does not exceed $1,500;
and
(b) A $50 surcharge when a defendant demands a hearing and the
amount or value claimed by the plaintiff exceeds $1,500.
(16)(a) In addition to the fees provided for in ORS 105.130
(2), for the period commencing October 1, 2009, and ending
{ - June 30 - } { + September 30 + }, 2011, upon filing a
complaint in the case of a dwelling unit to which ORS chapter 90
applies, the clerk of the court shall collect a surcharge of $12.
(b) In addition to the fees provided for in ORS 105.130 (3),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, if the defendant demands a
trial after a complaint is filed under ORS 105.130 (2), the
plaintiff shall pay a surcharge of $2.
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(17) In addition to the fee provided for in ORS 107.434 (1),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the court shall
collect a surcharge of $3 upon the filing of a motion seeking
enforcement of a parenting time order or a substantial violation
of a parenting plan.
(18) In addition to the fee provided for in ORS 112.820 (1)(d),
for the period commencing October 1, 2009, and ending
{ - June 30 - } { + September 30 + }, 2011, the clerk of the
probate court shall collect a surcharge of $1 for filing of an
affidavit under ORS 112.820 (1).
(19) In addition to the fee provided for in ORS 114.515 (6),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the probate
court shall collect a surcharge of $1 upon the filing of an
affidavit under ORS 114.515.
(20) In addition to the fee provided for in ORS 130.045 (7),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the circuit
court shall collect a surcharge of $3 for the filing of an
agreement or memorandum of agreement under ORS 130.045 (5) and a
surcharge of $2 for the filing of objections under ORS 130.045
(6).
(21) In addition to the fee provided for in ORS 138.560, for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, a petitioner shall pay a
surcharge of $1 at the time of filing a petition under ORS
138.560.
(22) In addition to the fee provided for in ORS 166.274, for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the court shall
collect a surcharge of $5 for the filing of a petition for relief
under ORS 166.274.
(23) In addition to the fees provided for in ORS 305.490, for
the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the tax court
shall collect the following surcharges:
(a) For a complaint or petition in the magistrate division,
$50.
(b) For a complaint or petition in the regular division, $100.
(c) If a complaint or petition is specially designated under
ORS 305.501 for hearing in the regular division, a fee of $100.
(24) In addition to the fee provided for in ORS 419B.555 (6),
for the period commencing October 1, 2009, and ending { - June
30 - } { + September 30 + }, 2011, the clerk of the court shall
collect a surcharge of $4 for each application for emancipation
under ORS 419B.555.
{ - (25) Except as provided in subsection (26) of this
section, surcharges imposed under this section shall be deposited
in the Judicial System Surcharge Account. The collections and
revenue management program established under ORS 1.204 may not be
reimbursed under ORS 1.204 from surcharges imposed under this
section. - }
{ - (26) - } { + (25) + } A surcharge imposed by a county
court under subsection (7) of this section or by a justice court
under subsection (16) of this section shall be paid to the county
treasurer.
SECTION 142. Section 15, chapter 659, Oregon Laws 2009, as
amended by section 30a, chapter 107, Oregon Laws 2010, is amended
to read:
Enrolled House Bill 2710 (HB 2710-C) Page 71
{ + Sec. 15. + } (1) The amendments to ORS 21.110 by section
14, chapter 659, Oregon Laws 2009, apply only to civil actions,
suits and proceedings filed on or after October 1, 2009, and
before
{ - July - } { + October + } 1, 2011.
(2) The amendments to ORS 21.110 by sections 28 and 29 { + ,
chapter 107, Oregon Laws 2010, + } { - of this 2010 Act - }
apply only to civil actions, suits and proceedings filed on or
after May 1, 2010, and before { - July - } { + October + } 1,
2011.
{ - (3) All fees imposed pursuant to the amendments to ORS
21.110 by section 14, chapter 659, Oregon Laws 2009, and by
sections 28 and 29 of this 2010 Act shall be deposited in the
Judicial System Surcharge Account. - }
{ - (4) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed pursuant to the amendments to ORS 21.110 by
section 14, chapter 659, Oregon Laws 2009, and by sections 28 and
29 of this 2010 Act. - }
SECTION 143. Section 17, chapter 659, Oregon Laws 2009, as
amended by section 32, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 17. + } The amendments to ORS 21.110 by section
31 { + , chapter 107, Oregon Laws 2010, + } { - of this 2010
Act - } become operative { - July - } { + October + } 1,
2011.
SECTION 144. Section 20, chapter 659, Oregon Laws 2009, as
amended by section 39, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 20. + } { - (1) The amendments to ORS 36.170 by
section 18, chapter 659, Oregon Laws 2009, become operative
October 1, 2009. - }
{ - (2) - } The amendments to ORS 36.170 by section 38 { + ,
chapter 107, Oregon Laws 2010, + } { - of this 2010 Act - }
become operative { - July - } { + October + } 1, 2011.
SECTION 145. Section 25, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 25. + } (1) In a court with probate jurisdiction,
the clerk shall charge and collect the following fees for an
annual or final accounting filed in a probate proceeding or a
conservatorship proceeding on or after October 1, 2009, and
before { - July - } { + October + } 1, 2011:
(a) If the amount of the estate is not more than $500,000, a
fee of $100.
(b) If the amount of the estate is more than $500,000 and not
more than $1 million, a fee of $200.
(c) If the amount of the estate is more than $1 million, a fee
of $300.
(2) In determining fees under subsection (1) of this section in
a probate proceeding, the amount of a settlement in a wrongful
death action brought for the benefit of the decedent's surviving
spouse or dependents is not part of the estate.
(3) All fees imposed under this section in a circuit court
shall be deposited in the { - Judicial System Surcharge
Account - } { + General Fund + }. All fees imposed by a county
court under this section shall be paid to the county treasurer.
{ - (4) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under this section. - }
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SECTION 146. Section 27, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 27. + } (1) In addition to the fee provided in ORS
137.225, upon the filing of an application under ORS 137.225 (1),
the court shall order the defendant to pay a fee of $250 to the
court.
(2) This section applies only to applications filed under ORS
137.225 (1) on or after October 1, 2009, and before
{ - July - } { + October + } 1, 2011.
(3) Fees imposed under this section in the circuit court shall
be deposited by the clerk of the court in the { - Judicial
System Surcharge Account - } { + General Fund + }. Fees imposed
in a justice court under this section shall be paid to the county
treasurer. Fees imposed in a municipal court under this section
shall be paid to the city treasurer.
{ - (4) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from amounts imposed under this section. - }
SECTION 147. Section 29, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 29. + } { - (1) - } The amendments to ORS 21.010
by section 28 { - of this 2009 Act - } { + , chapter 659,
Oregon Laws 2009, + } apply only to filings and appearances made
on or after October 1, 2009, and before { - July - } { +
October + } 1, 2011.
{ - (2) All fees imposed under the amendments to ORS 21.010
by section 28 of this 2009 Act shall be deposited in the Judicial
System Surcharge Account. - }
{ - (3) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under the amendments to ORS 21.010 by section
28 of this 2009 Act. - }
SECTION 147a. Section 37g, chapter 885, Oregon Laws 2009, is
amended to read:
{ + Sec. 37g. + } The amendments to ORS 21.010 by section
37f { + , chapter 885, Oregon Laws 2009, + } { - of this 2009
Act - } become operative
{ - July - } { + October + } 1, 2011.
SECTION 147b. Section 31, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 31. + } The amendments to ORS 21.010 by section
30 { + , chapter 659, Oregon Laws 2009, + } { - of this 2009
Act - } become operative { - July - } { + October + } 1,
2011.
SECTION 148. Section 33, chapter 659, Oregon Laws 2009, as
amended by section 37i, chapter 885, Oregon Laws 2009, is amended
to read:
{ + Sec. 33. + } (1) In any appeal or petition for review
subject to a fee under ORS 21.010, the clerk of the court shall
collect a fee of $50 from any party filing a motion for
continuance or a motion for an extension of time for the filing
of a brief or other document in the proceeding.
(2) The fee imposed under this section applies only to motions
filed on or after October 1, 2009, and before { - July - }
{ + October + } 1, 2011.
{ - (3) All fees imposed under this section shall be
deposited in the Judicial System Surcharge Account. - }
{ - (4) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under this section. - }
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SECTION 149. Section 38, chapter 659, Oregon Laws 2009, as
amended by section 37h, chapter 885, Oregon Laws 2009, is amended
to read:
{ + Sec. 38. + } (1) In any civil proceeding subject to a fee
under ORS 21.110, 21.111, 21.114 or 21.310, the clerk of a
circuit court shall collect the sum of $10 for filing or
submission of an ex parte order or judgment for the purpose of
signature by the judge and entry.
(2) The fee established under this section may not be collected
for filings or submissions in small claims actions. The Chief
Justice by order may provide for exemptions from the fees
established by this section if exemptions are needed for the
equitable imposition of those fees.
(3) The fee imposed under this section applies only to ex parte
orders or judgments filed or submitted on or after October 1,
2009, and before { - July - } { + October + } 1, 2011.
{ - (4) All fees imposed under this section shall be
deposited in the Judicial System Surcharge Account. - }
{ - (5) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under this section. - }
{ + NOTE: + } Section 150 was deleted by amendment.
Subsequent sections were not renumbered.
SECTION 151. Section 35, chapter 107, Oregon Laws 2010, is
amended to read:
{ + Sec. 35. + } The amendments to ORS 21.480 by section
34 { + , chapter 107, Oregon Laws 2010, + } { - of this 2010
Act - } become operative { - July - } { + October + } 1,
2011.
SECTION 152. Section 42, chapter 107, Oregon Laws 2010, is
amended to read:
{ + Sec. 42. + } The amendments to ORS 36.615 by section
41 { + , chapter 107, Oregon Laws 2010, + } { - of this 2010
Act - } become operative { - July - } { + October + } 1,
2011.
SECTION 153. Section 45, chapter 107, Oregon Laws 2010, is
amended to read:
{ + Sec. 45. + } The amendments to ORS 130.355 by section
44 { + , chapter 107, Oregon Laws 2010, + } { - of this 2010
Act - } become operative { - July - } { + October + } 1,
2011.
SECTION 154. Section 48, chapter 107, Oregon Laws 2010, is
amended to read:
{ + Sec. 48. + } The amendments to ORS 130.400 by section
47 { + , chapter 107, Oregon Laws 2010, + } { - of this 2010
Act - } become operative { - July - } { + October + } 1,
2011.
SECTION 155. Section 51, chapter 107, Oregon Laws 2010, is
amended to read:
{ + Sec. 51. + } The amendments to ORS 701.133 by section
50 { + , chapter 107, Oregon Laws 2010, + } { - of this 2010
Act - } become operative { - July - } { + October + } 1,
2011.
{ +
(Security Release Amounts) + }
SECTION 156. Section 10, chapter 659, Oregon Laws 2009, is
amended to read:
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{ + Sec. 10. + } (1) The amendments to ORS 135.265 by section
9 { + , chapter 659, Oregon Laws 2009, + } { - of this 2009
Act - } apply only to security deposits made on or after October
1, 2009, and before
{ - July 1, 2011 - } { + October 1, 2011 + }.
(2) All amounts retained in a circuit court under ORS 135.265
as security deposit costs from security deposits made on or after
October 1, 2009, and before { - July 1, 2011 - } { + October
1, 2011 + }, that are in excess of $200 shall be deposited in the
{ - Judicial System Surcharge Account - } { + General
Fund + }. All amounts retained in a justice court under ORS
135.265 as security deposit costs from security deposits made on
or after October 1, 2009, and before { - July 1, 2011 - } { +
October 1, 2011 + }, that are in excess of $200 shall be paid to
the county treasurer. All amounts retained in a municipal court
under ORS 135.265 as security deposit costs from security
deposits made on or after October 1, 2009, and before { - July
1, 2011 - } { + October 1, 2011 + }, that are in excess of $200
shall be paid to the city treasurer.
{ - (3) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from amounts retained as security deposit costs that are in
excess of $200 pursuant to the amendments to ORS 135.265 by
section 9 of this 2009 Act. - }
SECTION 157. Section 12, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 12. + } (1) The amendments to ORS 135.265 by section
11 { + , chapter 659, Oregon Laws 2009, + } { - of this 2009
Act - } become operative
{ - July 1, 2011 - } { + October 1, 2011 + }.
(2) The amendments to ORS 135.265 by section 11 { + , chapter
659, Oregon Laws 2009, + } { - of this 2009 Act - } do not
affect the amount of security release costs that may be deducted
from security amounts deposited on or after October 1, 2009, and
before { - July 1, 2011 - } { + October 1, 2011 + }.
SECTION 158. ORS 135.265 is amended to read:
135.265. (1) If the defendant is not released on personal
recognizance under ORS 135.255, or granted conditional release
under ORS 135.260, or fails to agree to the provisions of the
conditional release, the magistrate shall set a security amount
that will reasonably assure the defendant's appearance. The
defendant shall execute the security release in the amount set by
the magistrate.
(2) The defendant shall execute a release agreement and deposit
with the clerk of the court before which the proceeding is
pending a sum of money equal to 10 percent of the security
amount, but in no event shall such deposit be less than $25. The
clerk shall issue a receipt for the sum deposited. Upon
depositing this sum the defendant shall be released from custody
subject to the condition that the defendant appear to answer the
charge in the court having jurisdiction on a day certain and
thereafter as ordered by the court until discharged or final
order of the court. Once security has been given and a charge is
pending or is thereafter filed in or transferred to a court of
competent jurisdiction the latter court shall continue the
original security in that court subject to ORS 135.280 and
135.285. When conditions of the release agreement have been
performed and the defendant has been discharged from all
obligations in the cause, the clerk of the court shall return to
the person shown by the receipt to have made the deposit, unless
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the court orders otherwise, 85 percent of the sum which has been
deposited and shall retain as security release costs 15 percent,
but not less than $5, of the amount deposited. The interest that
has accrued on the full amount deposited shall also be retained
by the clerk. The amount retained by the clerk of a circuit court
shall be paid over as directed by the State Court Administrator
for deposit in the { - Criminal Fine and Assessment Account
created under ORS 137.300 - } { + General Fund + }. The amount
retained by a justice of the peace shall be deposited in the
county treasury. The amount retained by the clerk of a municipal
court shall be deposited in the municipal corporation treasury.
At the request of the defendant the court may order whatever
amount is repayable to defendant from such security amount to be
paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection
(2) of this section the defendant may deposit with the clerk of
the court an amount equal to the security amount in cash, stocks,
bonds, or real or personal property situated in this state with
equity not exempt owned by the defendant or sureties worth double
the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by
affidavit. The magistrate may further examine the sufficiency of
the security as the magistrate considers necessary.
SECTION 159. ORS 135.265, as amended by section 11, chapter
659, Oregon Laws 2009, is amended to read:
135.265. (1) If the defendant is not released on personal
recognizance under ORS 135.255, or granted conditional release
under ORS 135.260, or fails to agree to the provisions of the
conditional release, the magistrate shall set a security amount
that will reasonably assure the defendant's appearance. The
defendant shall execute the security release in the amount set by
the magistrate.
(2) The defendant shall execute a release agreement and deposit
with the clerk of the court before which the proceeding is
pending a sum of money equal to 10 percent of the security
amount, but in no event shall such deposit be less than $25. The
clerk shall issue a receipt for the sum deposited. Upon
depositing this sum the defendant shall be released from custody
subject to the condition that the defendant appear to answer the
charge in the court having jurisdiction on a day certain and
thereafter as ordered by the court until discharged or final
order of the court. Once security has been given and a charge is
pending or is thereafter filed in or transferred to a court of
competent jurisdiction the latter court shall continue the
original security in that court subject to ORS 135.280 and
135.285. When conditions of the release agreement have been
performed and the defendant has been discharged from all
obligations in the cause, the clerk of the court shall return to
the person shown by the receipt to have made the deposit, unless
the court orders otherwise, 85 percent of the sum which has been
deposited and shall retain as security release costs 15 percent,
but not less than $5 nor more than
{ - $200 - } { + $750 + }, of the amount deposited. The
interest that has accrued on the full amount deposited shall also
be retained by the clerk. The amount retained by the clerk of a
circuit court shall be paid over as directed by the State Court
Administrator for deposit in the { - Criminal Fine and
Assessment Account created under ORS 137.300 - } { + General
Fund + }. The amount retained by a justice of the peace shall be
deposited in the county treasury. The amount retained by the
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clerk of a municipal court shall be deposited in the municipal
corporation treasury. At the request of the defendant the court
may order whatever amount is repayable to defendant from such
security amount to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection
(2) of this section the defendant may deposit with the clerk of
the court an amount equal to the security amount in cash, stocks,
bonds, or real or personal property situated in this state with
equity not exempt owned by the defendant or sureties worth double
the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by
affidavit. The magistrate may further examine the sufficiency of
the security as the magistrate considers necessary.
SECTION 160. { + The amendments to ORS 135.265 by section 159
of this 2011 Act apply only to security deposits returned on or
after October 1, 2011. + }
{ +
(Bench Probation Fees and Probation Violation Assessments) + }
SECTION 161. Section 22, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 22. + } { - (1) - } The amendments to ORS 137.540
by section 21 { + , chapter 659, Oregon Laws 2009, + } { - of
this 2009 Act - } apply only to orders of probation and
probation violation determinations made on or after October 1,
2009, and before July 1, 2011.
{ - (2) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from assessments imposed by a court under the amendments to ORS
137.540 by section 21 of this 2009 Act. - }
SECTION 162. ORS 137.540, as amended by section 23, chapter
659, Oregon Laws 2009, is amended to read:
137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
(b) Not use or possess controlled substances except pursuant to
a medical prescription.
(c) Submit to testing for controlled substance or alcohol use
if the probationer has a history of substance abuse or if there
is a reasonable suspicion that the probationer has illegally used
controlled substances.
(d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
(e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
(f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
(h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
Enrolled House Bill 2710 (HB 2710-C) Page 77
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
(i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
(B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
(C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) Report as required and abide by the direction of the
supervising officer.
(p) If required to report as a sex offender under ORS 181.596,
report with the Department of State Police, a city police
department, a county sheriff's office or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall:
(a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
Enrolled House Bill 2710 (HB 2710-C) Page 78
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
(3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the person's
supervising parole and probation officer, or in which more than
one other sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county
manager of the Department of Corrections, or a designee of the
director or manager. As soon as practicable, the supervising
parole and probation officer of a person subject to the
requirements of this subsection shall review the person's living
arrangement with the person's sex offender treatment provider to
ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subsection:
(a) 'Dwelling' has the meaning given that term in ORS 469.160.
(b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Sex offender' has the meaning given that term in ORS
181.594.
(4)(a) If the person is released on probation following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the court, if requested by the victim,
shall include as a special condition of the person's probation
that the person not reside within three miles of the victim
unless:
(A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
(B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of
the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
(D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of
probation described in this subsection at the time of sentencing
in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
Enrolled House Bill 2710 (HB 2710-C) Page 79
(5) When a person who is a sex offender, as defined in ORS
181.594, is released on probation, the Department of Corrections
or the county community corrections agency, whichever is
appropriate, shall notify the city police department, if the
person is going to reside within a city, and the county sheriff's
office of the county in which the person is going to reside of
the person's release and the conditions of the person's release.
(6) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
{ + (7) The court may order that probation be supervised by
the court. If the court orders that probation be supervised by
the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
imposed in a justice court under this subsection shall be paid to
the county treasurer. Fees imposed in a municipal court under
this subsection shall be paid to the city treasurer. + }
{ - (7) - } { + (8) + } The court may at any time modify
the conditions of probation.
{ - (8) - } { + (9) + } A court may not order revocation of
probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
{ - (9) - } { + (10) + } It is not a cause for revocation
of probation that the probationer failed to apply for or accept
employment at any workplace where there is a labor dispute in
progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
{ + (11) If the court determines that a defendant has
violated the terms of probation, the court shall collect a $25
fee from the defendant. The fee becomes part of the judgment and
may be collected in the same manner as a fine. Fees collected
under this subsection in the circuit court shall be deposited by
the clerk of the court in the General Fund. Fees collected in a
justice court under this subsection shall be paid to the county
treasurer. Fees collected in a municipal court under this
subsection shall be paid to the city treasurer. + }
{ - (10) - } { + (12) + } As used in this section,
'attends, ' ' institution of higher education,' 'works' and
'carries on a vocation' have the meanings given those terms in
ORS 181.594.
SECTION 163. { + The amendments to ORS 137.540 by section 162
of this 2011 Act apply only to orders of probation and probation
violation determinations made on or after July 1, 2011. + }
{ +
(Diversion Fees) + }
SECTION 164. Section 26, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 26. + } (1) In addition to the fees provided in ORS
135.921 and 813.240, upon the filing of a petition for diversion
under ORS 135.909 or 813.210, the court shall order the defendant
to pay $100 to the court as a program administration fee.
Enrolled House Bill 2710 (HB 2710-C) Page 80
(2) This section applies only to petitions for diversion filed
on or after October 1, 2009, and before { - July 1, 2011 - }
{ + January 1, 2012 + }.
(3) Fees imposed under this section in the circuit court shall
be deposited by the clerk of the court in the { - Judicial
System Surcharge Account - } { + Criminal Fine and Assessment
Account + }. Fees imposed in a justice court under this section
shall be paid to the county treasurer. Fees imposed in a
municipal court under this section shall be paid to the city
treasurer.
{ - (4) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under this section. - }
SECTION 165. ORS 135.921 is amended to read:
135.921. (1) The filing fee paid by a defendant at the time of
filing a petition for a possession of marijuana diversion
agreement as provided in ORS 135.909 { - shall be $233 and
shall be ordered paid as follows if the petition is allowed: - }
{ - (a) $123 to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account; and - }
{ - (b) $110 to be distributed as provided for the
disposition of costs under ORS 153.630. - } { + is $335. A fee
collected under this section in the circuit court shall be
deposited by the clerk of the court in the Criminal Fine and
Assessment Account. If the fee is collected in a municipal or
justice court, $125 of the fee shall be forwarded by the court to
the Department of Revenue for deposit in the Criminal Fine and
Assessment Account, and the remainder of the fee shall be paid to
the city or county treasurer. + }
(2) If less than the { - $233 - } { + full + } filing fee
is { - paid to the court by the defendant under subsection (1)
of this section - } { + collected under this section in a
justice or municipal court + }, the money { - actually - }
received shall be allocated { - in the amounts provided - }
first to the { - State Treasurer and the remainder as provided
for the disposition of costs under ORS 153.630 - } { +
Department of Revenue for deposit in the Criminal Fine and
Assessment Account + }.
(3) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly
to the agency or organization providing the diagnostic
assessment.
{ - (4) The Chief Justice of the Supreme Court may require
that any or all fees distributed by circuit courts under this
section be distributed through the offices of the State Court
Administrator. - }
SECTION 166. { + The amendments to ORS 135.921 by section 165
of this 2011 Act apply only to petitions for diversion filed on
or after January 1, 2012. + }
SECTION 167. ORS 813.240 is amended to read:
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 { +
is $363. A fee collected under this subsection in the circuit
court shall be deposited by the clerk of the court in the
Criminal Fine and Assessment Account. If the fee is collected in
a municipal or justice court, $163 of the fee shall be forwarded
by the court to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account, and the remainder of the
fee shall be paid to the city or county treasurer. + }
Enrolled House Bill 2710 (HB 2710-C) Page 81
{ - shall be $261 and shall be ordered paid as follows if the
petition is allowed: - }
{ - (a) $136 to be credited and distributed under ORS 137.295
as an obligation payable to the state; - }
{ - (b) $100 to be treated as provided for disposition of
fines and costs under ORS 153.630; and - }
{ - (c) $25 to be paid to the Director of the Oregon Health
Authority for deposit in the Intoxicated Driver Program Fund
created under ORS 813.270, to be used for purposes of the
fund. - }
{ + (2) If less than the full filing fee is collected under
subsection (1) of this section in a municipal or justice court,
the money received shall be allocated first to the Department of
Revenue for deposit in the Criminal Fine and Assessment
Account. + }
{ - (2) - } { + (3) + } In addition to the filing fee under
subsection (1) of this section, the court shall order the
defendant to pay $150 directly to the agency or organization
providing the diagnostic assessment.
SECTION 168. { + The amendments to ORS 813.240 by section 167
of this 2011 Act apply only to petitions for diversion filed on
or after January 1, 2012. + }
{ + NOTE: + } Section 169 was deleted by amendment.
Subsequent sections were not renumbered.
SECTION 170. ORS 813.210 is amended to read:
813.210. (1) After an accusatory instrument has been filed
charging the defendant with the offense of driving while under
the influence of intoxicants, a defendant may file with the court
a petition for a driving while under the influence of intoxicants
diversion agreement described in ORS 813.200. The petition:
(a) Must be filed within 30 days after the date of the
defendant's first appearance on the summons, unless a later
filing date is allowed by the court upon a showing of good cause.
For purposes of this paragraph, the filing of a demurrer, a
motion to suppress or a motion for an omnibus hearing does not
constitute good cause.
(b) Notwithstanding paragraph (a) of this subsection, may not
be filed after entry of a guilty plea or a no contest plea or
after commencement of any trial on the charge whether or not a
new trial or retrial is ordered for any reason.
(2) The defendant shall pay to the court, at the time of filing
a petition for a driving while under the influence of intoxicants
diversion agreement, a filing fee established under ORS 813.240.
The court may make provision for payment of the filing fee by the
defendant on an installment basis. The court may waive all or
part of the filing fee in cases involving indigent defendants.
The filing fee paid to the court under this subsection shall be
retained by the court if the petition is allowed. The filing fee
shall be distributed as provided by ORS 813.240.
(3) The defendant shall pay to the agency or organization
providing the diagnostic assessment, at the time the petition is
allowed, the fee required by ORS 813.240 { - (2) - } { +
(3) + }.
(4)(a) Unless otherwise provided under paragraph (b) of this
subsection, the defendant shall pay to the court any
court-appointed attorney fees agreed to under ORS 813.200 (4)(i).
Payments shall be made prior to the end of the diversion period
on a schedule determined by the court.
(b) The court may waive all or part of the court-appointed
attorney fees agreed to under ORS 813.200 (4)(i).
Enrolled House Bill 2710 (HB 2710-C) Page 82
(5) The defendant shall cause a copy of the petition for a
driving while under the influence of intoxicants diversion
agreement to be served upon the district attorney or city
attorney. The district attorney or city attorney may file with
the court, within 15 days after the date of service, a written
objection to the petition and a request for a hearing.
{ +
PREVAILING PARTY FEES + }
SECTION 170a. ORS 20.190 is amended to read:
20.190. (1) Except as provided in subsections (2) to (5) of
this section, a prevailing party in a civil action or proceeding
who has a right to recover costs and disbursements in the
following cases also has a right to recover, as a part of the
costs and disbursements, the following additional amounts:
(a) In the Supreme Court or Court of Appeals, on an appeal,
$100.
(b) In a circuit court:
(A) When judgment is given without trial of an issue of law or
fact or on an appeal, $60; or
(B) When judgment is given after trial of an issue of law or
fact, $85.
(c) In a small claims department, a county court or justice
court, one-half of the amount provided for in paragraph (b) of
this subsection.
(2) In lieu of the prevailing party fee provided for in
subsection (1) of this section, in any civil action or proceeding
in which recovery of money or damages is sought, a prevailing
party who has a right to recover costs and disbursements also has
a right to recover, as a part of the costs and disbursements, the
following additional amounts:
(a) In a circuit court:
(A) When judgment is given without trial of an issue of law or
fact, $275; or
(B) When judgment is given after trial of an issue of law or
fact, $550.
(b) In a small claims department, a county court or justice
court:
(A) When judgment is given without trial of an issue of law or
fact, { - $85 - } { + $93 + }; or
(B) When judgment is given after trial of an issue of law or
fact, { - $100 - } { + $108 + }.
(3) In addition to the amounts provided for in subsection (2)
of this section, in any civil action or proceeding in a circuit
court in which recovery of money or damages is sought, the court
may award to the prevailing party up to an additional $5,000 as a
prevailing party fee. The court shall consider the following
factors in making an award under the provisions of this
subsection:
(a) The conduct of the parties in the transactions or
occurrences that gave rise to the litigation, including any
conduct of a party that was reckless, willful, malicious, in bad
faith or illegal.
(b) The objective reasonableness of the claims and defenses
asserted by the parties.
(c) The extent to which an award of a larger prevailing party
fee in the case would deter others from asserting good faith
claims or defenses in similar cases.
Enrolled House Bill 2710 (HB 2710-C) Page 83
(d) The extent to which an award of a larger prevailing party
fee in the case would deter others from asserting meritless
claims and defenses.
(e) The objective reasonableness of the parties and the
diligence of the parties and their attorneys during the
proceedings.
(f) The objective reasonableness of the parties and the
diligence of the parties in pursuing settlement of the dispute.
(g) Any award of attorney fees made to the prevailing party as
part of the judgment.
(h) Such other factors as the court may consider appropriate
under the circumstances of the case.
(4) Nonprevailing parties are jointly liable for the prevailing
party fees provided for in this section. A court may not award
more than one prevailing party fee to a prevailing party under
this section, or more than one prevailing party fee against a
nonprevailing party regardless of the number of parties in the
action, and, upon being paid the amount of the award, the
prevailing party may not seek recovery of any additional amounts
under the provisions of this section from any other nonprevailing
party.
(5) In any appeal from the award or denial of a prevailing
party fee under subsection (2) of this section, the court
reviewing the award may not modify the decision of the court in
making or denying an award, or the decision of the court as to
the amount of the award, except upon a finding of an abuse of
discretion.
(6) The prevailing party fees provided for in this section may
not be awarded in the following proceedings:
(a) A class action proceeding under ORCP 32.
(b) A condemnation proceeding.
(c) Proceedings under the provisions of ORS chapters 25, 107,
108, 109 and 110.
(7) Mandatory arbitration under ORS 36.400 to 36.425 does not
constitute a trial of an issue of law or fact for the purposes of
this section.
SECTION 170b. { + The amendments to ORS 20.190 by section 170a
of this 2011 Act apply only to actions commenced on or after the
effective date of this 2011 Act. + }
{ +
JOINT COMMITTEE ON STATE COURTS REVENUE STRUCTURE + }
SECTION 171. { + (1) There is created a Joint Committee on
State Courts Revenue Structure, consisting of three members of
the Senate appointed by the President of the Senate and three
members of the House of Representatives appointed by the Speaker
of the House of Representatives. The Chief Justice of the Supreme
Court, the Oregon State Bar Association, the League of Oregon
Cities and the Association of Oregon Counties shall each
designate a nonvoting liaison to the committee.
(2) The committee shall conduct a review of all state court
fees and fines. In conducting this review, the committee shall
consider the following principles:
(a) Fee and fine amounts should be transparent and easy to
access and administer.
(b) Fee and fine amounts should be equitable and fair.
(c) The court fee structure should not adversely impact access
to justice.
Enrolled House Bill 2710 (HB 2710-C) Page 84
(d) The court fee structure should not adversely affect
judicial authority to waive or defer fees or to establish a
payment plan for litigants.
(e) The statutory fee structure and fee amounts should be
uniform across this state.
(f) All state court revenue sources should be easily
identifiable and reflected in statute.
(g) The court fee structure should generate biennial revenue
commensurate with the end-of-session revenue forecast.
(h) Fees and fines should be a fixed dollar amount.
(i) Surcharges and assessments should not be imposed on fees or
fines.
(j) Fines for violations should be uniform in state courts,
justice courts and municipal court.
(k) Revenues from fees and fines should not be dedicated.
(3) In conducting the review required by subsection (2) of this
section and making recommendations relating to the court fee
structure, the committee shall give due consideration to the
fairness of those fees and the financial burdens placed on the
parties who are ultimately responsible for the payment of the
fees.
(4) The committee shall identify statutes and court practices
that are not in conformity with the principles listed in
subsection (2) of this section.
(5) The committee shall monitor all legislation passed by the
Seventy-sixth Legislative Assembly relating to court fees and
fines, and evaluate the effect of the exercise of judicial
discretion on revenues generated by fines.
(6) The committee shall study funding of court security, court
facilities and county law libraries, and make recommendations on
the manner in which court security, court facilities and county
law libraries should be funded.
(7) The committee shall issue a report not later than January
1, 2013. The report must describe statutes and court practices
identified by the committee as failing to conform with the
principles listed in subsection (2) of this section, and
recommend statutory and other changes. A copy of the report shall
be delivered to the House Committee on Judiciary, the Senate
Committee on Judiciary and the Joint Committee on Ways and Means.
(8) A majority of the members of the Joint Committee on State
Courts Revenue Structure constitutes a quorum for the transaction
of business.
(9) Official action by the committee requires the approval of a
majority of the members of the committee.
(10) The President of the Senate shall designate one of the
members appointed by the President to serve as cochair of the
committee. The Speaker of the House of Representatives shall
designate one of the members appointed by the Speaker to serve as
cochair of the committee.
(11) If there is a vacancy for any cause, the appointing
authority shall make an appointment. The appointment becomes
effective immediately.
(12) The committee shall meet at times and places specified by
the call of a cochair or of a majority of the members of the
committee.
(13) The committee may adopt rules necessary for the operation
of the committee.
(14) The Legislative Administrator, the Legislative Fiscal
Office and the Legislative Revenue Office shall provide
administrative support to the committee.
Enrolled House Bill 2710 (HB 2710-C) Page 85
(15) All agencies of state government, as defined in ORS
174.111, are directed to assist the committee in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the committee consider necessary to perform their
duties. + }
SECTION 172. { + Section 171 of this 2011 Act is repealed on
the date of the convening of the 2013 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
{ +
ELIMINATION OF COLLECTIONS AND + }
{ +
REVENUE MANAGEMENT PROGRAM + }
SECTION 173. { + ORS 1.204 is repealed. + }
SECTION 174. { + Any funds in the Judicial Department
Collections Account on the effective date of this 2011 Act shall
be transferred by the State Treasurer to the General Fund. + }
{ +
OPERATIVE DATES + }
SECTION 175. { + Sections 3, 4, 5, 6, 7a, 8, 9, 11 to 16a, 19,
21, 23 to 28, 31, 38, 40, 45, 54, 56, 58, 61, 63, 65, 67, 70, 71,
72, 74, 76, 77, 80, 82, 84, 86, 88, 90, 93, 96, 97b, 107a, 116,
121, 123, 126, 128, 132, 134 and 160 of this 2011 Act, the
amendments to ORS 1.202, 2.560, 8.125, 9.820, 18.999, 21.010,
21.125, 21.270, 21.615, 24.115, 24.135, 24.190, 34.340, 36.520,
36.522, 36.524, 36.610, 36.615, 46.405, 46.425, 46.455, 46.461,
46.465, 46.475, 46.488, 46.570, 51.080, 51.310, 52.635, 55.011,
55.095, 105.130, 105.938, 106.120, 107.434, 107.795, 109.100,
109.787, 110.426, 112.820, 114.515, 114.720, 125.060, 125.075,
125.605, 125.842, 125.845, 130.045, 130.355, 130.400, 133.055,
135.265, 137.225, 138.560, 166.274, 181.823, 181.826, 182.040,
205.360, 305.490, 417.825, 419B.529, 419B.555 and 701.133 and
sections 13 and 32, chapter 659, Oregon Laws 2009, by sections
18, 22, 29, 30, 32 to 37, 39, 41 to 44, 46 to 53b, 55, 57, 59,
60, 62, 64, 66, 73, 75, 79, 81a, 83a, 85, 87, 89, 92a, 94, 95,
101, 105, 106, 109, 111, 115, 117 to 120, 122, 124, 125, 127,
129, 130, 131, 133, 135, 136, 137 and 159 of this 2011 Act and
the repeal of ORS 9.574, 9.830, 9.840, 9.850, 21.040, 21.111,
21.112, 21.114, 21.275, 21.310, 21.325, 21.335, 21.350, 21.420,
21.580, 21.660, 21.670, 21.730, 21.990 and 108.130 by sections
10, 17, 20, 68, 69, 78, 97a, 104, 108 and 114 of this 2011 Act
become operative October 1, 2011. + }
{ +
CONFLICT AMENDMENTS + }
SECTION 176. Section 1, chapter 224, Oregon Laws 2011 (Enrolled
House Bill 2367), is amended to read:
{ + Sec. 1. + } { - If the county governing body has passed
a resolution under ORS 9.840 providing for the operation of a law
library or the provision of law library services, the county
governing body may enter into a contract with a law library
association or other organization for the operation of the law
library or provision of law library services. A county governing
body entering into a contract under this section may use fees
Enrolled House Bill 2710 (HB 2710-C) Page 86
collected and paid to the county under ORS 9.840 to pay all
amounts agreed to under the contract. - }
{ + (1) Each county shall:
(a) Operate a free law library at a location that is convenient
and available at reasonable hours; or
(b) Provide free law library services at one or more locations
that are convenient and available at reasonable hours.
(2) A county governing body may enter into a contract with a
law library association or other organization for the operation
of the law library, or the provision of law library services,
required by this section. + }
SECTION 177. { + If Senate Bill 408 becomes law, section 3,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408)
(amending ORS 181.823), is repealed and ORS 181.823, as amended
by section 94 of this 2011 Act, is amended to read: + }
181.823. { - (1)(a) - } { + (1) + } { - No sooner than
two years, but no later than five years, after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction over a person required to report
under ORS 181.595, 181.596 or 181.597, the person may file a
petition for relief from the duty to report. The person must file
the petition - } { + A person required to report as a sex
offender under section 1 (1)(a), chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), may file a petition for an order
relieving the person of the duty to report. The person must pay
the filing fee established under section 8 of this 2011 Act. If
the person resides:
(a) In this state and is required to report under section 1 (2)
or (3), chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408),
the petition must be filed + } in the juvenile court in which the
person was adjudicated for the act that requires reporting.
{ - The person must pay the filing fee established under
section 8 of this 2011 Act. - }
{ + (b) In another state and is required to report under
section 1 (4), chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), the petition must be filed in the juvenile court in
the county in which the person attends school or works.
(2) If the act giving rise to the obligation to report would
constitute:
(a) A Class A or Class B felony sex crime if committed by an
adult, the petition may be filed no sooner than two years after
the termination of juvenile court jurisdiction over the person
or, if the person is placed under the jurisdiction of the
Psychiatric Security Review Board, no sooner than two years after
the person is discharged from the jurisdiction of the board.
(b) A Class C felony sex crime if committed by an adult, the
petition may be filed no sooner than 30 days before the
termination of juvenile court jurisdiction over the person or, if
the person is placed under the jurisdiction of the Psychiatric
Security Review Board, no sooner than 30 days before the person
is discharged from the jurisdiction of the board. + }
{ - (b) - } { + (3)(a) + } The juvenile court in which a
petition under this section is filed may transfer the matter to
the juvenile court of the county that last supervised the person
if the court determines that the convenience of the parties, the
victim and witnesses require the transfer.
{ - (c) - } { + (b) + } The juvenile court has exclusive
original jurisdiction in any proceeding under this section.
Enrolled House Bill 2710 (HB 2710-C) Page 87
{ - (d) - } { + (c) + } The person, the district attorney
and the juvenile department are parties to a hearing on a
petition filed under this section.
{ - (2) When a person files a petition under this section and
the petition was filed: - }
{ - (a) No later than three years after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction, the state has the burden of
proving by clear and convincing evidence that the person is not
rehabilitated and continues to pose a threat to the safety of the
public. - }
{ - (b) More than three years, but no later than five years,
after the termination of juvenile court jurisdiction or, if the
person was placed under the jurisdiction of the Psychiatric
Security Review Board under ORS 419C.529, board jurisdiction, - }
{ + (4) + } The person { + filing the petition + } has the
burden of proving by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public.
{ - (3) - } In determining whether { - the state or - }
the person has met the burden of proof { - established in
subsection (2) of this section - } , the juvenile court may
consider but need not be limited to considering:
(a) The extent and impact of any physical or emotional injury
to the victim;
(b) The nature of the act that subjected the person to the duty
of reporting as a sex offender;
(c) Whether the person used or threatened to use force in
committing the act;
(d) Whether the act was premeditated;
(e) Whether the person took advantage of a position of
authority or trust in committing the act;
(f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
(g) The vulnerability of the victim;
(h) Other acts committed by the person that would be crimes if
committed by an adult and criminal activities engaged in by the
person before and after the adjudication;
(i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
(j) The person's willingness to accept personal responsibility
for the act and personal accountability for the consequences of
the act;
(k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
(L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
(A) The availability, duration and extent of the treatment
activities;
(B) Reports and recommendations from the providers of the
treatment;
(C) The person's compliance with court, board or supervision
requirements regarding treatment; and
(D) The quality and thoroughness of the treatment program;
(m) The person's academic and employment history;
Enrolled House Bill 2710 (HB 2710-C) Page 88
(n) The person's use of drugs or alcohol before and after the
adjudication;
(o) The person's history of public or private indecency;
(p) The person's compliance with and success in completing the
terms of supervision;
(q) The results of psychological examinations of the person;
(r) The protection afforded the public by the continued
existence of the records; and
(s) Any other relevant factors.
{ - (4) - } { + (5) + } In a hearing under this section,
the juvenile court may receive testimony, reports and other
evidence without regard to whether the evidence is admissible
under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence
is relevant to the determination and findings required under this
section. As used in this subsection, 'relevant evidence' has the
meaning given that term in ORS 40.150.
{ - (5) - } { + (6) + } When a petition is filed under this
section, the state has the right to have a psychosexual
evaluation of the person conducted. The state shall file notice
with the juvenile court of its intention to have the person
evaluated. If the person objects to the evaluator chosen by the
state, the juvenile court for good cause shown may direct the
state to select a different evaluator.
{ - (6) - } { + (7) + } As soon as practicable after a
petition { + + }has been filed under this section, the district
attorney or juvenile department shall make a reasonable effort to
notify the victim of the crime that the person has filed a
petition seeking relief under this section and, if the victim has
requested, to inform the victim of the date, time and place of a
hearing on the petition in advance of the hearing.
{ - (7)(a) - } { + (8)(a) + } { - When a petition has
been filed under this section and the petition was - } { + When
a petition filed under this section is + } filed:
(A) { - No later than three years after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction, - } { + While the person is
under the jurisdiction of the juvenile court or the Psychiatric
Security Review Board or less than three years after the date the
jurisdiction is terminated, + } the court shall hold a hearing
{ - on the petition - } { + + }no sooner than 60 days and no
later than 120 days after the date of filing.
(B) { - More than three years, but no later than five years,
after the termination of juvenile court jurisdiction or, if the
person was placed under the jurisdiction of the Psychiatric
Security Review Board under ORS 419C.529, board jurisdiction, - }
{ + Three years or more after the date the juvenile court or
board jurisdiction is terminated, + } the court shall hold a
hearing no sooner than 90 days and no later than 150 days after
the date of filing.
(b) Notwithstanding paragraph (a) of this subsection, upon a
showing of good cause, the court may extend the period of time in
which a hearing on the petition must be held.
{ - (8) - } { + (9)(a) + } { - When the state has the
burden of proof under subsection (2) of this section and proves
by clear and convincing evidence that the person is not
rehabilitated and continues to pose a threat to the safety of the
public, the court shall deny the petition. When the person has
the burden of proof under subsection (2) of this section and - }
{ + When the person + } proves by clear and convincing evidence
Enrolled House Bill 2710 (HB 2710-C) Page 89
that the person is rehabilitated and does not pose a threat to
the safety of the public, the court shall grant the petition.
{ + (b) Notwithstanding paragraph (a) of this subsection, the
court may not grant a petition filed under this section before
the date the juvenile court or board jurisdiction over the person
is terminated. + }
{ - (9) - } { + (10) + } When a juvenile court enters an
order relieving a person of the requirement to report under
{ - ORS 181.595, 181.596 or 181.597 - } { + section 1, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408) + }, the person
shall send a certified copy of the juvenile court order to the
Department of State Police.
{ - (10) - } { + (11) + } If a person commits an act that
could be charged as a sex crime listed in ORS 137.707 and the
person is 15, 16 or 17 years of age at the time the act is
committed, the state and the person may stipulate that the person
may not petition for relief under this section as part of an
agreement that the person be subject to the jurisdiction of the
juvenile court rather than being prosecuted as an adult under ORS
137.707.
{ + (12) When a petition is filed under subsection (2)(b) of
this section before the termination of juvenile court or board
jurisdiction, if the person, or the parent or guardian of the
person if the person is less than 18 years of age, requests
counsel and is without sufficient financial means to employ
suitable counsel to represent the person, for purposes of the
petition described in this section, the court shall appoint
suitable counsel to represent the person. Appointment of counsel
under this subsection is subject to ORS 419C.200, 419C.203,
419C.206 and 419C.209. + }
SECTION 178. { + If Senate Bill 408 becomes law, section 4,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408)
(amending ORS 181.826), is repealed and ORS 181.826, as amended
by section 95 of this 2011 Act, is amended to read: + }
181.826. (1) Except as provided in subsection { - (6) - }
{ + (7) + } of this section, { - when a person is required to
report under ORS 181.595, 181.596 or 181.597 as a result of
having been found in a juvenile adjudication in another United
States court to have committed an act while the person was under
18 years of age that would constitute a sex crime if committed in
this state by an adult, the person may file a petition in the
circuit court of the county in which the person resides for - }
{ + a person required to report under section 1 (1)(b), chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), may file a
petition in the juvenile court for + } an order relieving the
person of the duty to report.
{ - The person must pay the filing fee established under
section 8 of this 2011 Act. A petition may be filed under this
section only if: - } { + The person must pay the filing fee
established under section 8 of this 2011 Act. If the person
resides: + }
(a) { - The person has been registered as a sex offender in
this state for at least two years; - } { + In this state and is
required to report under section 1 (2) or (3), chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), the petition must be
filed in the juvenile court of the county in which the person
resides. + }
(b) { - At least two years, but not more than five years,
have elapsed since the termination of supervision on probation or
parole; and - } { + In another state and is required to report
Enrolled House Bill 2710 (HB 2710-C) Page 90
under section 1 (4), chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), the petition must be filed in the juvenile
court of the county in which the person attends school or works.
(2) If the act giving rise to the obligation to report would
constitute:
(a) A Class A or Class B felony sex crime if committed in this
state by an adult, the petition may be filed no sooner than two
years after the termination of the other United States court's
jurisdiction over the person.
(b) A Class C felony sex crime if committed in this state by an
adult, the petition may be filed no sooner than 30 days before
the termination of the other United States court's jurisdiction
over the person. + }
{ - (c) - } { + (3) + } The person { - submits - }
{ + filing the petition must submit + } with the petition all
releases and waivers necessary to allow the district attorney for
the county in which the petition is filed to obtain the following
documents from the jurisdiction in which the person was
adjudicated for the act for which reporting is required:
{ - (A) - } { + (a) + } The juvenile court petition;
{ - (B) - } { + (b) + } The dispositional report to the
court;
{ - (C) - } { + (c) + } The order of adjudication or
jurisdiction;
{ - (D) - } { + (d) + } Any other relevant court documents;
{ - (E) - } { + (e) + } The police report relating to the
act for which reporting is required;
{ - (F) - } { + (f) + } The order terminating jurisdiction
for the act for which reporting is required; and
{ - (G) - } { + (g) + } The evaluation and treatment
records or reports of the person that are related to the act for
which reporting is required.
{ - (2) - } { + (4) + } A person filing a petition under
this section has the burden of proving by clear and convincing
evidence that the person is rehabilitated and does not pose a
threat to the safety of the public.
{ - (3) - } { + (5) + } Unless the court finds good cause
for a continuance, the court shall hold a hearing on the petition
no sooner than 90 days and no later than 150 days after the date
the petition is filed.
{ - (4) Notwithstanding subsection (1)(b) of this section, if
a person has not been registered as a sex offender in this state
for two years until more than five years have elapsed since the
termination of supervision on probation or parole, the person may
file a petition seeking relief under this section if the person
files the petition no later than 90 days after the date on which
the person has been registered as a sex offender in this state
for two years. - }
{ - (5) - } { + (6) + } If a person who files a petition
under this section is required to report as a sex offender for
having committed an act that if committed in this state could
have subjected the person to prosecution as an adult under ORS
137.707, the court may not grant the petition notwithstanding the
fact that the person has met the burden of proof established in
subsection { - (2) - } { + (4) + } of this section unless the
court determines that to do so is in the interest of public
safety.
{ - (6) - } { + (7) + } This section does not apply to a
person who is required to register as a sex offender for life in
the jurisdiction in which the offense occurred.
Enrolled House Bill 2710 (HB 2710-C) Page 91
{ - (7) - } { + (8) + } In a hearing under this section,
the court may receive testimony, reports and other evidence
without regard to whether the evidence is admissible under ORS
40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant
to the determination and findings required under this section. As
used in this subsection, 'relevant evidence' has the meaning
given that term in ORS 40.150.
{ - (8) - } { + (9) + } If the court is satisfied by clear
and convincing evidence that the person is rehabilitated and that
the person does not pose a threat to the safety of the public,
the court shall enter an order relieving the person of the duty
to report. When the court enters an order under this subsection,
the person shall send a certified copy of the court order to the
Department of State Police.
SECTION 179. If Senate Bill 68 and House Bill 3204 do not
become law, section 27, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), is amended to read:
{ + Sec. 27. + } (1) Sections 1 and 2 { - of this 2011
Act - } { + , chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), + } and the amendments to ORS 93.275, 181.589,
181.590, 181.592, 181.594, 181.595, 181.596, 181.597, 181.598,
181.599, 181.602, 181.604, 181.606, 181.820, 181.823, 181.826,
181.830, 181.875, 417.042 and 696.880 by sections { - 3, 4
and - } 7 to 24 { - of this 2011 Act - } { + , chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), + } { + and
sections 177 and 178 of this 2011 Act + } become operative on
January 1, 2012.
(2) Sections 1 and 2 { - of this 2011 Act - } { + , chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), + } and the
amendments to ORS 21.110, 93.275, 181.589, 181.590, 181.592,
181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.602,
181.604, 181.606, 181.820, 181.823, 181.826, 181.830, 181.875,
417.042 and 696.880 by sections { - 3 - } { + 5 + } to 24
{ - of this 2011 Act - } { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), and sections 177 and 178 of this 2011
Act + } apply to persons adjudicated before, on or after
{ - the effective date of this 2011 Act - } { + June 7,
2011 + }.
(3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
sections 11, 12 and 13 { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408) + }, would be required to make an
initial report as a sex offender on or after January 1, 2012,
shall make an initial report that complies with section 1 (6)
{ - of this 2011 Act - } { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408) + }, no later than the date described
in section 1 (2) { - of this 2011 Act - } { + , chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408) + }, as applicable.
SECTION 180. If Senate Bill 68 becomes law and House Bill 3204
does not become law, section 27, chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), as amended by section 36b, chapter
___, Oregon Laws 2011 (Enrolled Senate Bill 68), is amended to
read:
{ + Sec. 27. + } (1) Sections 1 and 2, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), and the amendments to ORS
93.275, 181.589, 181.590, 181.592, 181.594, 181.595, 181.596,
181.597, 181.598, 181.599, 181.602, 181.604, 181.606, 181.820,
181.823, 181.826, 181.830, 181.875, 417.042 and 696.880 by
sections { - 3, 4, - } 7 to 11 and 13 to 24, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), { - and - }
Enrolled House Bill 2710 (HB 2710-C) Page 92
section 36a { - of this 2011 Act - } { + , chapter ___, Oregon
Laws 2011 (Enrolled Senate Bill 68), and sections 177 and 178 of
this 2011 Act + } become operative on January 1, 2012.
(2) Sections 1 and 2, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and the amendments to ORS 21.110, 93.275,
181.589, 181.590, 181.592, 181.594, 181.595, 181.596, 181.597,
181.598, 181.599, 181.602, 181.604, 181.606, 181.820, 181.823,
181.826, 181.830, 181.875, 417.042 and 696.880 by sections
{ - 3 - } { + 5 + } to 11 and 13 to 24, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), { - and - } section 36a
{ - of this 2011 Act - } { + , chapter ___, Oregon Laws 2011
(Enrolled Senate Bill 68), and sections 177 and 178 of this 2011
Act + } apply to persons adjudicated before, on or after
{ - the effective date of chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408) - } { + June 7, 2011 + }.
(3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
sections 11 and 13, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and section 36a { - of this 2011 Act - }
{ + , chapter ___, Oregon Laws 2011 (Enrolled Senate Bill
68) + }, would be required to make an initial report as a sex
offender on or after January 1, 2012, shall make an initial
report that complies with section 1 (6), chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408), no later than the date described
in section 1 (2), chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), as applicable.
SECTION 181. If Senate Bill 68 does not become law and House
Bill 3204 becomes law, section 27, chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), as amended by section 9, chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3204), is amended to read:
{ + Sec. 27. + } (1) Sections 1 and 2, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), and the amendments to ORS
93.275, 181.589, 181.590, 181.592, 181.594, 181.595, 181.596,
181.597, 181.598, 181.599, 181.602, 181.604, 181.606, 181.820,
181.823, 181.826, 181.830, 181.875, 417.042 and 696.880 by
sections { - 3, 4, - } 7 to 10, 13, 14 and 16 to 24, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), { - and - }
sections 6 to 8 { - of this 2011 Act - } { + , chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3204), and sections 177 and
178 of this 2011 Act + } become operative on January 1, 2012.
(2) Sections 1 and 2, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and the amendments to ORS 21.110, 93.275,
181.589, 181.590, 181.592, 181.594, 181.595, 181.596, 181.597,
181.598, 181.599, 181.602, 181.604, 181.606, 181.820, 181.823,
181.826, 181.830, 181.875, 417.042 and 696.880 by sections
{ - 3 - } { + 5 + } to 10, 13, 14 and 16 to 24, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), { - and - }
sections 6 to 8 { - of this 2011 Act - } { + , chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3204), and sections 177 and
178 of this 2011 Act + } apply to persons adjudicated before, on
or after { - the effective date of chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408) - } { + June 7, 2011 + }.
(3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
section 13, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408), and sections 6 and 7 { - of this 2011 Act - } { + ,
chapter ___, Oregon Laws 2011 (Enrolled House Bill 3204) + },
would be required to make an initial report as a sex offender on
or after January 1, 2012, shall make an initial report that
complies with section 1 (6), chapter 271, Oregon Laws 2011
Enrolled House Bill 2710 (HB 2710-C) Page 93
(Enrolled Senate Bill 408), no later than the date described in
section 1 (2), chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), as applicable.
SECTION 182. { + If House Bill 3075 becomes law and House Bill
2104 does not become law, section 4, chapter ___, Oregon Laws
2011 (Enrolled House Bill 3075) (amending ORS 813.240), is
repealed. + }
SECTION 183. If House Bill 3075 becomes law and House Bill 2104
does not become law, section 5, chapter ___, Oregon Laws 2011
(Enrolled House Bill 3075), is amended to read:
{ + Sec. 5. + } The amendments to ORS 813.030 { - ,
813.240 - } and 813.602 by sections 2 { - to 4 of this 2011
Act - } { + and 3, chapter ___, Oregon Laws 2011 (Enrolled
House Bill 3075), + }apply to offenses that occur on or after
the effective date of { - this 2011 Act - } { + chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3075) + }.
SECTION 184. { + If House Bill 3075 does not become law and
House Bill 2104 becomes law, section 2, chapter ___, Oregon Laws
2011 (Enrolled House Bill 2104) (amending ORS 813.240), is
repealed. + }
SECTION 185. If House Bill 3075 does not become law and House
Bill 2104 becomes law, section 3, chapter ___, Oregon Laws 2011
(Enrolled House Bill 2104), is amended to read:
{ + Sec. 3. + } The amendments to ORS 813.030 { - and
813.240 by sections 1 and 2 of this 2011 Act - } { + by section
1, chapter ___, Oregon Laws 2011 (Enrolled House Bill 2104),
+ }apply to persons convicted of driving while under the
influence of intoxicants on or after the effective date of
{ - this 2011 Act - } { + chapter ___, Oregon Laws 2011
(Enrolled House Bill 2104), + }and to persons who file a
petition for a driving while under the influence of intoxicants
diversion agreement on or after the effective date of { - this
2011 Act - } { + chapter ___, Oregon Laws 2011 (Enrolled House
Bill 2104) + }.
SECTION 186. { + If both House Bill 3075 and House Bill 2104
become law, sections 2 and 5, chapter ___, Oregon Laws 2011
(Enrolled House Bill 2104) (both amending ORS 813.240), are
repealed and ORS 813.240, as amended by section 167 of this 2011
Act, is amended to read: + }
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 is
{ - $363 - } { + $386 + }. A fee collected under this
subsection in the circuit court shall be deposited by the clerk
of the court in the Criminal Fine and Assessment Account. If the
fee is collected in a municipal or justice court, $163 of the fee
shall be forwarded by the court to the Department of Revenue for
deposit in the Criminal Fine and Assessment Account, and the
remainder of the fee shall be paid to the city or county
treasurer.
(2) If less than the full filing fee is collected under
subsection (1) of this section in a municipal or justice court,
the money received shall be allocated first to the Department of
Revenue for deposit in the Criminal Fine and Assessment Account.
(3) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $150 directly
to the agency or organization providing the diagnostic
assessment.
SECTION 187. If both House Bill 3075 and House Bill 2104 become
law, section 3, chapter ___, Oregon Laws 2011 (Enrolled House
Enrolled House Bill 2710 (HB 2710-C) Page 94
Bill 2104), as amended by section 6, chapter ___, Oregon Laws
2011 (Enrolled House Bill 2104), is amended to read:
{ + Sec. 3. + } The amendments to ORS 813.030 and 813.240 by
{ - sections 4 and 5 of this 2011 Act - } { + section 4,
chapter ___, Oregon Laws 2011 (Enrolled House Bill 2104), and
section 186 of this 2011 Act + } apply to persons convicted of
driving while under the influence of intoxicants on or after the
effective date of { - this 2011 Act - } { + chapter ___,
Oregon Laws 2011 (Enrolled House Bill 2104), + }and to persons
who file a petition for a driving while under the influence of
intoxicants diversion agreement on or after the effective date of
{ - this 2011 Act - } { + chapter ___, Oregon Laws 2011
(Enrolled House Bill 2104) + }.
{ +
CAPTIONS + }
SECTION 188. { + The unit and section captions used in this
2011 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2011 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 189. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
July 1, 2011. + }
----------
Passed by House June 28, 2011
Repassed by House June 30, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 29, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2710 (HB 2710-C) Page 95
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 2710 (HB 2710-C) Page 96
