Bill Text: OR HB4025 | 2012 | Regular Session | Engrossed
Bill Title: Relating to offenses; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4025 Detail]
Download: Oregon-2012-HB4025-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 101
A-Engrossed
House Bill 4025
Ordered by the House February 10
Including House Amendments dated February 10
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim 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.
Reduces amount payable by municipal or justice court for
deposit in Criminal Fine Account from $60 to $45. Exempts certain
offenses from required payment.
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.
Makes other changes to laws governing offenses.
{ + Stipulates distribution of amounts collected under
judgment of conviction for violation of Tri-Met ordinances. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to offenses; creating new provisions; amending ORS
137.017, 137.289, 137.292, 137.296, 137.297, 153.030, 153.633
and 153.800; repealing ORS 137.294; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
AMOUNT PAYABLE BY MUNICIPAL OR JUSTICE COURT + }
{ +
FOR DEPOSIT IN CRIMINAL FINE ACCOUNT + }
SECTION 1. ORS 153.633 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 under ORS 811.590, 814.485, 814.486, 814.534, 814.536,
814.600 or 830.990 (1). + }
SECTION 2. { + (1) ORS 153.633 applies only to offenses that
are committed on or after January 1, 2012.
(2) The repeal of ORS 137.290 by section 118, chapter 597,
Oregon Laws 2011, applies only to offenses committed on or after
January 1, 2012. Any offense committed before January 1, 2012,
shall continue to be governed by ORS 137.290 as in effect
immediately before January 1, 2012, and all amounts collected as
a unitary assessment for offenses committed before January 1,
2012, shall be deposited in the Criminal Fine Account.
(3) The amendments to ORS 153.633 by section 1 of this 2012 Act
apply only to offenses committed on or after the effective date
of this 2012 Act. + }
SECTION 3. ORS 137.017 is amended to read:
137.017. Except as otherwise specifically provided by law, all
fines, costs, security deposits and other amounts ordered or
required to be paid in criminal actions { + in circuit
courts + } are monetary obligations payable to the state and
shall be deposited in the Criminal Fine Account.
SECTION 4. ORS 153.030 is amended to read:
153.030. (1) The procedures provided for in this chapter apply
to violations described in ORS 153.008. Except as specifically
provided in this chapter, the criminal procedure laws of this
state applicable to crimes also apply to violations.
(2) Notwithstanding subsection (1) of this section,
{ - the - } { + ORS 153.633 and all other + } provisions of
this chapter and of the criminal procedure laws of this state do
not apply to violations that govern the parking of vehicles and
that are created by ordinance or by agency rule.
(3) The statute of limitations for proceedings under this
chapter is as provided in ORS 131.125.
(4) This chapter does not affect the ability of a city
described in ORS 3.136 (1) to engage in the activities described
in ORS 3.136 (3). Nothing in this chapter affects the ability of
any other political subdivision of this state to provide for the
administrative enforcement of the charter, ordinances, rules and
regulations of the political subdivision, including enforcement
through imposition of monetary penalties. Except for ordinances
governing the parking of vehicles, administrative enforcement as
described in this subsection may not be used for any prohibition
designated as an offense.
(5) Nothing in this chapter affects the ability of any
political subdivision of this state to establish rules relating
to administrative enforcement as described in subsection (4) of
this section, including rules providing for the use of citations
or other procedures for initiating administrative enforcement
proceedings.
(6) Nothing in this chapter affects the ability of any
political subdivision of this state to conduct hearings for
administrative enforcement as described in subsection (4) of this
section, either before a hearing officer or before the governing
body of the political subdivision.
(7) Nothing in this chapter affects the ability of any
political subdivision to bring a civil action to enforce the
charter, ordinances, rules and regulations of the political
subdivision, or to bring a civil action to enforce any order for
administrative enforcement as described in subsection (4) of this
section.
(8) Nothing in ORS 153.042 affects the authority of any
political subdivision of this state to provide for issuance of
citations for violation of offenses created by ordinance on the
same basis as the political subdivision could under the law in
effect immediately before January 1, 2000.
{ +
PRIORITY OF DISTRIBUTION OF PARTIAL PAYMENTS + }
SECTION 5. 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 6. 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 + }.
(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 7. 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 8. ORS 137.297 is amended to read:
137.297. Level { - V - } { + IV + } obligations are amounts
payable for reward reimbursement under ORS 131.897.
SECTION 9. { + ORS 137.294 is repealed. + }
SECTION 10. { + The amendments to ORS 137.289, 137.292,
137.296 and 137.297 by sections 5 to 8 of this 2012 Act and the
repeal of ORS 137.294 by section 9 of this 2012 Act apply to all
offenses committed on or after January 1, 2012. + }
{ +
VIOLATION BUREAUS + }
SECTION 11. ORS 153.800 is amended to read:
153.800. (1) Any court of this state may establish a Violations
Bureau and designate the clerk or deputy clerk of the court or
any other appropriate person to act as a violations clerk for the
Violations Bureau. The violations clerk shall serve under the
direction and control of the court appointing the clerk.
(2) A violations clerk may exercise authority over any
violation. A court establishing a Violations Bureau shall by
order specify the violations that are subject to the authority of
the violations clerk.
(3) Except as provided in subsection (6) of this section, the
violations clerk shall accept:
(a) Written appearance, waiver of trial, plea of
{ - guilty - } { + no contest + } and payment of fine, costs
and assessments for violations that are subject to the authority
of the violations clerk; or
(b) Payment of presumptive fine amounts for violations that are
subject to the authority of the violations clerk.
(4)(a) Courts other than circuit courts shall establish
schedules, within the limits prescribed by law, of the amounts of
penalties to be imposed for first, second and subsequent
violations, designating each violation specifically or by class.
The order of the court establishing the schedules shall be
prominently posted in the place where penalties established under
the schedule are paid.
(b) The Chief Justice of the Supreme Court shall establish a
uniform fine schedule for violations prosecuted in circuit
courts.
(c) All amounts must be paid to, receipted by and accounted for
by the violations clerk in the same manner as other payments on
money judgments are received by the court.
(5) Any person charged with a violation within the authority of
the violations clerk may:
(a) Upon signing an appearance, plea of { - guilty - } { +
no contest + } and waiver of trial, pay the clerk the penalty
established for the violation charged, including any costs and
assessments authorized by law.
(b) Pay the clerk the presumptive fine amount established for
the violation. Payment of the presumptive fine amount under this
paragraph constitutes consent to forfeiture of the presumptive
fine amount and disposition of the violation by the clerk as
provided by the rules of the court. Payment of presumptive fine
amount under this paragraph is not consent to forfeiture of the
presumptive fine amount if the payment is accompanied by a plea
of not guilty or a request for hearing.
(6) A person who has been found guilty of, or who has signed a
plea of no contest to, one or more previous offenses in the
preceding 12 months within the jurisdiction of the court
{ - shall - } { + may + } not { - be permitted to - }
appear before the violations clerk unless the court, by general
order applying to certain specified offenses, permits such
appearance.
{ +
VIOLATION OF TRI-MET ORDINANCES + }
SECTION 12. { + Section 13 of this 2012 Act is added to and
made a part of ORS chapter 153. + }
SECTION 13. { + If a court enters a judgment of conviction for
the violation of an ordinance enacted by the district board of a
mass transit district under ORS 267.150, amounts collected under
the judgment are payable as follows:
(1) The amount prescribed by ORS 153.633 (1) is payable to the
state and must be forwarded to the Department of Revenue for
deposit in the Criminal Fine Account;
(2) An additional $45 is payable to the state and must be
forwarded by the court to the Department of Revenue for deposit
in the Criminal Fine Account; and
(3) The amount remaining after the payments required by
subsections (1) and (2) of this section is payable to the mass
transit district that enacted the ordinance. + }
SECTION 14. { + (1) Section 13 of this 2012 Act applies to all
violations of ordinances enacted by the district board of a mass
transit district that occur on or after January 1, 2012.
(2) Notwithstanding ORS 137.300, there is allocated $___ to the
Tri-County Metropolitan Transportation District of Oregon, from
the Criminal Fine Account, for the purpose of reimbursing the
district for amounts that were collected in circuit courts
between January 1, 2012, and the effective date of this 2012 Act
for violations of ordinances and that were not distributed as
provided under section 13 of this 2012 Act. + }
{ +
CAPTIONS + }
SECTION 15. { + The unit captions used in this 2012 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 2012 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 16. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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