Bill Text: OR SB418 | 2011 | Regular Session | Introduced

Oregon Senate Bill 418 (Prior Session Legislation)

Introduced

Bill Title: Relating to community service as alternative to fine; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB418 Detail]

Download: Oregon-2011-SB418-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2718

                         Senate Bill 418

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate 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 as
introduced.

  Creates exception to minimum fine statute for court sentencing
offender to community service as alternative to fine.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to community service as alternative to fine; amending
  ORS 153.093; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 153.093 is amended to read:
  153.093. (1)   { - Notwithstanding any other provision of
law - }  { + Except as provided in ORS 137.128 + }, a court or
violations bureau may not defer, waive, suspend or otherwise
reduce the fine for a violation to an amount that is less than:
  (a) 75 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a Class
A, B, C or D violation, or an unclassified violation, under ORS
153.012 and 153.015; or
  (b) 20 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a
specific fine violation as described by ORS 153.015.
  (2) Nothing in this section:
  (a) Affects the manner in which a court imposes or reduces
monetary obligations other than fines.
  (b) Allows a court to reduce any fine amount below a minimum
fine amount established by statute for the offense.
  (c) Affects the ability of a court to establish a payment
schedule for fines imposed by the court.
  (3) For the purpose of determining whether a fine meets the
requirements of subsection (1) of this section, the unitary
assessment amount under ORS 137.290 and the county assessment
amount under ORS 137.309 shall be included in calculating the
amount required under subsection (1) of this section.
  (4) The Department of Revenue or Secretary of State may audit
any court to determine whether the court is complying with the
requirements of this section. In addition, the Department of
Revenue or Secretary of State may audit any court to determine
whether the court is complying with the requirements of ORS
137.290 (4) and 153.630 (4). The Department of Revenue or
Secretary of State may file an action under ORS 34.105 to 34.240
to enforce the requirements of this section and ORS 137.290 (4)
and 153.630 (4).
  SECTION 2.  { + 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 its
passage. + }
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