Bill Text: OR HB2857 | 2013 | Regular Session | Introduced

Oregon House Bill 2857 (Prior Session Legislation)

Bill Title: Relating to offenses; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2857 Detail]

Download: Oregon-2013-HB2857-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2889

                         House Bill 2857

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Reduces amount payable by municipal or justice court for
deposit in Criminal Fine Account from $60 to $45.
  Modifies priority of distribution for partial payments of
fines. Provides that amounts owing to city or county have same
priority as amounts owing to state.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to offenses; creating new provisions; amending ORS
  137.289, 137.292, 137.296, 137.297 and 153.633; repealing ORS
  137.294; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 153.633, as amended by section 15, chapter 89,
Oregon Laws 2012, is amended to read:
  153.633. (1) In any criminal action in which a fine is imposed,
the lesser of the following amounts is payable to the state
before any other distribution of the fine is made:
  (a)   { - $60 - }  { +  $45 + }; or
  (b) The amount of the fine if the fine is less than
 { - $60 - }  { + $45 + }.
  (2) A justice or municipal court shall forward the amount
prescribed under subsection (1) of this section to the Department
of Revenue for deposit in the Criminal Fine Account.
  (3) The provisions of this section do not apply to fines
imposed in justice and municipal courts under ORS 811.590,
814.485, 814.486, 814.534, 814.536, 814.600 or 830.990 (1).
  SECTION 2. ORS 137.289 is amended to read:
  137.289. (1) There are   { - five - }  { +  four + } levels of
priority for application of payments on judgments of conviction
in criminal actions, with Level I obligations having the highest
priority and Level   { - V - }  { +  IV + } having the lowest
priority. All payments on a judgment of conviction in a criminal
action shall be applied first against the unpaid obligations in
the level with highest priority until those obligations have been
paid in full, and shall then be applied against the obligations
in the level with the next highest level of priority, until all
obligations under the judgment have been paid in full.
  (2) Except as provided in ORS 137.292, if there is more than
one person or public body to whom an obligation is payable under
a level, the court shall divide each payment based on each

person's or public body's proportionate share of the total amount
of obligations in that level.
  SECTION 3. ORS 137.292 is amended to read:
  137.292. (1) There are two types of Level II obligations:
  (a) Type 1 obligations include awards of restitution as defined
in ORS 137.103, awards of restitution under ORS 419C.450 and
money awards made under ORS 811.706.
  (b) Type 2 obligations include all fines and other monetary
obligations payable to the state   { - for which the law does not
expressly provide other disposition, including fines payable to
the state by justice and municipal courts under ORS 153.633,
153.645 and 153.650 - }  { + , a city or a county, after payment
of the amount provided for in ORS 153.633 + }.
  (2) If a judgment contains both types of Level II obligations,
the court shall apply 50 percent of amounts creditable to Level
II obligations to Type 1 obligations and 50 percent of the
amounts to Type 2 obligations, until all obligations in one of
the two types have been paid in full. All subsequent amounts
creditable to Level II obligations shall be applied against the
other type of obligations until those obligations have been paid
in full.
  (3) If there is more than one person for whose benefit a Type 1
money award has been made, the clerk shall pay the moneys
credited to Type 1 obligations in the following order of
priority:
  (a) If the judgment contains a money award payable to the
person or persons against whom the defendant committed the
offense, the clerk shall first pay all moneys credited to Type 1
obligations to those persons, and shall continue to do so until
all those obligations are paid in full. If there is more than one
person to whom an obligation is payable under this paragraph, the
court shall divide each payment under this paragraph based on
each person's proportionate share of the total amount of
obligations subject to payment under this paragraph.
  (b) If the judgment contains a money award payable to the
Criminal Injuries Compensation Account, the clerk shall
thereafter transfer moneys credited to Type 1 obligations to the
account until the award is paid in full.
  (c) If the judgment contains a money award payable to any other
victims, as defined in ORS 137.103, the clerk shall thereafter
pay the moneys credited to Type 1 obligations to those victims
until those victims are paid in full.
  SECTION 4. ORS 137.296 is amended to read:
  137.296. Level   { - IV - }  { +  III + } obligations are
amounts that the law expressly directs be paid to a specific
account or public body as defined in ORS 174.109.
  SECTION 5. ORS 137.297 is amended to read:
  137.297. Level   { - V - }  { +  IV + } obligations are amounts
payable for reward reimbursement under ORS 131.897.
  SECTION 6.  { + ORS 137.294 is repealed. + }
  SECTION 7.  { + The amendments to ORS 137.289, 137.292,
137.296, 137.297 and 153.633 by sections 1 to 5 of this 2013 Act
and the repeal of ORS 137.294 by section 6 of this 2013 Act apply
to all offenses committed on or after the effective date of this
2013 Act. + }
  SECTION 8.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------