Bill Text: OR HB3280 | 2013 | Regular Session | Introduced

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Bill Title: Relating to restitution collection pilot program; appropriating money; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3280 Detail]

Download: Oregon-2013-HB3280-Introduced.html

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     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 3479

                         House Bill 3280

Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
  General Ellen F. Rosenblum)

                             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.

  Appropriates moneys to Department of Justice for Restitution
Collection Pilot Program. Provides that unobligated moneys revert
to General Fund. Adds compensatory fine collections to pilot
program.
  Extends sunset on pilot program and on reporting period for
Department of Justice and Judicial Department.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to restitution collection pilot program; creating new
  provisions; amending sections 1, 4 and 5, chapter 670, Oregon
  Laws 2011; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 1, chapter 670, Oregon Laws 2011, is amended
to read:
   { +  Sec. 1. + } (1) The Department of Justice shall establish
a restitution collection pilot program in geographically
dispersed counties or regions of this state to increase the
collection of restitution  { + and compensatory fines + } ordered
under ORS  { +  137.101, + } 137.106 and 137.107.
  (2)(a) The department shall make grants from the Restitution
Collection Pilot Program Fund established under section 2
 { - of this 2011 Act - }  { + , chapter 670, Oregon Laws
2011, + } to enable the district attorney's office of each
county, or a district attorney's office located in a region,
participating in the pilot program to employ at least one
restitution clerk on at least a part-time basis.
  (b) In addition to the grants required under paragraph (a) of
this subsection, the department may make grants from the fund to
fund other positions, activities and expenses related to the
collection of restitution.
  (3)(a) Each restitution clerk shall:
  (A) Investigate evidence of the nature and amount of the
damages suffered by victims of crime pursuant to ORS 137.101 and
137.106;  { + and + }
    { - (B) Investigate and compile information regarding the
defendant's ability to pay restitution; and - }
    { - (C) - }   { + (B) + } Provide the evidence and
information obtained pursuant to this paragraph to the

prosecuting attorney before any hearing on the issue of
restitution.
  (b) Pursuant to section 42, Article I of the Oregon
Constitution, and ORS  { + 137.101 and + } 137.106, the district
attorney shall present the information and evidence obtained by
the restitution clerk to the court.
  (c) The recipient of a grant made pursuant to subsection (2) of
this section is authorized to perform the activities set out in
the grant agreement and in rules adopted by the department
pursuant to this section.
  (4)(a) The department shall employ and assign collection agents
to each county or region participating in the restitution
collection pilot program.
  (b) Each collection agent shall:
  (A) Notwithstanding ORS 137.118, conduct collections and
collection investigation work to collect restitution  { + and
compensatory fine amounts + } from offenders and liable third
parties;
  (B) Coordinate the collection investigation work with the
respective restitution clerk in the participating county or
region;   { - and - }
   { +  (C) Investigate and compile information regarding the
defendant's ability to pay restitution or compensatory fines, or
both; and + }
    { - (C) - }   { + (D) + } Be available to present the results
of the collection investigation work in judicial proceedings,
including sentencing hearings, parole revocation hearings,
judgment debtor examinations and contempt proceedings.
  (5) The department shall adopt rules to carry out the
provisions of this section.
  SECTION 2.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Justice, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $2,295,370, to be deposited in the
Restitution Collection Pilot Program Fund established under
section 2, chapter 670, Oregon Laws 2011, for the purpose of
carrying out the provisions of section 1, chapter 670, Oregon
Laws 2011, as amended by section 1 of this 2013 Act. + }
  SECTION 3. Section 4, chapter 670, Oregon Laws 2011, is amended
to read:
   { +  Sec. 4. + } (1) The Department of Justice shall maintain
records of the amounts of monetary obligations imposed on and
collected from defendants in counties or regions in which
restitution clerks and collection agents are employed pursuant to
section 1   { - of this 2011 Act - }  { + , chapter 670, Oregon
Laws 2011 + }.
  (2) Not later than January 1, 2012, the Department of Justice
and the Judicial Department shall enter into an agreement to
carry out the provisions of   { - this 2011 Act - }   { + chapter
670, Oregon Laws 2011 + }.
  (3) The Department of Justice and the Judicial Department shall
each submit two reports to the Legislative Assembly, as provided
in ORS 192.245, on the status of the restitution collection pilot
program. The first report shall be submitted not later than
February 4, 2013, and the second report shall be submitted not
later than February   { - 3, 2014 - }   { + 2, 2015 + }.
    { - (4) The Department of Justice may seek from the
Legislative Assembly an amount that is equal to the amounts
described in subsection (1) of this section but that does not
exceed $1,800,000. - }
  SECTION 4. Section 5, chapter 670, Oregon Laws 2011, is amended
to read:
   { +  Sec. 5. + } (1) Sections 1 to 4   { - of this 2011
Act - }  { + , chapter 670, Oregon Laws 2011, + } are repealed on
July 1,   { - 2014 - }   { + 2016 + }.

  (2) Unobligated moneys in the Restitution Collection Pilot
Program Fund on July 1,   { - 2014 - }   { + 2016 + }, revert to
the   { - Criminal Injuries Compensation Account - }
 { + General Fund + }.
  (3) The repeal of sections 1 to 4   { - of this 2011 Act - }
 { + , chapter 670, Oregon Laws 2011, + } by this section does
not affect the validity of judgments for restitution  { + and
compensatory fines + } that remain unfulfilled on July 1,
 { - 2014 - }   { + 2016 + }.
  SECTION 5.  { + 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. + }
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