Bill Text: OR HB4167 | 2012 | Regular Session | Enrolled
Bill Title: Relating to offenses; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2012-03-27 - Chapter 89, (2012 Laws): Effective date March 27, 2012. [HB4167 Detail]
Download: Oregon-2012-HB4167-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4167
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
CHAPTER ................
AN ACT
Relating to offenses; creating new provisions; amending ORS
133.379, 137.017, 137.300, 153.020, 153.021, 153.030, 153.061,
153.090, 153.099, 153.633, 153.800 and 818.430 and section 61a,
chapter 597, Oregon Laws 2011; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
AMOUNTS PAYABLE BY MUNICIPAL OR JUSTICE COURT + }
{ +
FOR DEPOSIT IN CRIMINAL FINE ACCOUNT + }
SECTION 1. { + (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. Except as provided in this section, 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. + }
SECTION 2. 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 3. 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
Enrolled House Bill 4167 (HB 4167-A) Page 1
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.
{ +
CORPORATE DEFENDANTS + }
SECTION 4. ORS 153.061 is amended to read:
153.061. (1) Except as provided in { - subsections (2) and
(3) - } { + subsection (2) + } of this section, a defendant who
has been issued a violation citation must either:
(a) Make a first appearance by personally appearing in court at
the time indicated in the summons; or
(b) Make a first appearance in the manner provided in
subsection { - (4) - } { + (3) + } of this section before the
time indicated in the summons.
(2) If a defendant is issued a violation citation for careless
driving under ORS 811.135 on which a police officer noted that
the offense contributed to an accident and that the cited offense
appears to have contributed to the serious physical injury or
death of a vulnerable user of a public way, the officer may not
enter the amount of the presumptive fine on the summons and the
defendant must make a first appearance by personally appearing in
court at the time indicated in the summons.
{ - (3) If a corporation is issued a violation citation, the
police officer may not enter the amount of the presumptive fine
on the summons and the defendant must make a first appearance by
appearing in court at the time indicated in the summons. - }
{ - (4) - } { + (3) + } Except as provided in this section,
a defendant who has been issued a violation citation may make a
first appearance in the matter before the time indicated in the
summons by one of the following means:
(a) The defendant may submit to the court a written or oral
request for a trial.
Enrolled House Bill 4167 (HB 4167-A) Page 2
(b) The defendant may enter a plea of no contest by delivering
to the court the summons and a check or money order in the amount
of the presumptive fine set forth in the summons. The entry of a
plea under the provisions of this paragraph constitutes a waiver
of trial and consent to the entry of a judgment forfeiting the
presumptive fine. A no contest plea under this section is not
subject to the requirements of ORS chapter 135 relating to the
entry of pleas and, upon receipt of the plea, the court may enter
judgment against the defendant without taking further evidence.
{ - (5) - } { + (4) + } The court may require that a
defendant requesting a trial under subsection { - (4) - } { +
(3) + } of this section deposit an amount equal to the
presumptive fine established under ORS 153.019 and 153.020 or
such other amount as the court determines appropriate if the
defendant has failed to appear in any court on one or more other
charges in the past. If the defendant does not deposit the amount
specified by the court, the defendant must personally appear in
court at the time indicated in the summons. The amount deposited
by the defendant may be applied against any fine imposed by the
court, and any amount not so applied shall be refunded to the
defendant at the conclusion of the proceedings.
{ - (6) - } { + (5) + } The court may require a defendant
to appear personally in any case, or may require that all
defendants appear in specified categories of cases.
{ - (7) - } { + (6) + } If a defendant has entered a no
contest plea in the manner provided in subsection { - (4) - }
{ + (3) + } of this section, and the court determines that the
presumptive fine is not adequate by reason of previous
convictions of the defendant, the nature of the offense charged
or other circumstances, the court may require that a trial be
held unless an additional fine amount is paid by the defendant
before a specified date. Notice of an additional fine amount
under this subsection may be given to the defendant by mail. In
no event may the court require a total fine amount in excess of
the maximum fine established for the violation by statute.
{ - (8) - } { + (7) + } If a defendant fails to make a
first appearance on a citation for a traffic violation, as
defined by ORS 801.557, fails to make a first appearance on a
citation for a violation of ORS 471.430, or fails to appear at
any other subsequent time set for trial or other appearance, the
driving privileges of the defendant are subject to suspension
under ORS 809.220.
SECTION 5. ORS 153.090 is amended to read:
153.090. (1) Judgments entered under this chapter may include:
(a) Imposition of a sentence to pay a fine;
(b) Costs and restitution authorized by law;
(c) A requirement that the fine, costs and restitution, if any,
be paid out of the presumptive fine;
(d) Remission of any balance of a presumptive fine to the
defendant; and
(e) Any other provision authorized by law.
(2) Notwithstanding ORS 137.106, if the court orders
restitution in a default judgment entered under ORS 153.102, a
defendant may allege an inability to pay the full amount of
monetary sanctions imposed, including restitution, and request a
hearing to determine whether the defendant is unable to pay or to
establish a payment schedule by filing a written request with the
court within one year after the entry of the judgment. The court
shall set a hearing on the issue of the defendant's ability to
pay upon receipt of the request and shall give notice to the
Enrolled House Bill 4167 (HB 4167-A) Page 3
district attorney. The district attorney shall give notice to the
victim of the date, time and place of the hearing. The court may
determine a payment schedule for monetary sanctions imposed,
including restitution ordered under this subsection, if the
defendant establishes at the hearing that the defendant is unable
to pay the ordered restitution in full.
(3) If a trial is held in a violation proceeding, or a default
judgment is entered against the defendant under ORS 153.102, the
court may impose any fine within the statutory limits for the
violation. If a defendant pleads no contest under ORS 153.061
{ - (4) - } { + (3) + } and the court accepts the plea and
enters judgment against the defendant, the amount of the fine
imposed against the defendant by the court may not exceed the
presumptive fine established for the violation under ORS 153.019
and 153.020.
(4) A judge may suspend operation of any part of a judgment
entered under this chapter upon condition that the defendant pay
the nonsuspended portion of a fine within a specified period of
time. If the defendant fails to pay the nonsuspended portion of
the fine within the specified period of time, the suspended
portion of the judgment becomes operative without further
proceedings by the court and the suspended portion of the fine
becomes immediately due and payable.
(5) The court may not issue notice to the Department of
Transportation to suspend the defendant's driving privileges
unless a trial has been required. The failure of the defendant to
appear at the trial does not prevent the court from issuing
notice to the department to suspend the defendant's driving
privileges.
(6) Entry of a default judgment under ORS 153.102 does not
preclude the arrest and prosecution of the defendant for the
crime of failure to appear in a violation proceeding under ORS
153.992.
(7) If a person holds a commercial driver license, a court may
not defer entry of a judgment or allow an individual to enter
into a diversion program that would prevent a conviction for a
traffic offense from appearing on the driving record of the
holder. This subsection applies to all traffic offenses, whether
committed while driving a motor vehicle or a commercial motor
vehicle, but does not apply to parking violations. For purposes
of this subsection, a person holds a commercial driver license if
on the date of the commission of the offense the person holds a
commercial driver license issued by the department or the
licensing agency of another jurisdiction that is:
(a) Not expired or if expired, expired less than one year; or
(b) Suspended, but not canceled or revoked.
SECTION 6. ORS 153.099 is amended to read:
153.099. (1) If a trial is held in a violation proceeding, the
court shall enter a judgment based on the evidence presented at
the trial.
(2) If the defendant appears and enters a plea of no contest in
the manner described in ORS 153.061 { - (4) - } { + (3) + }
and a trial is not otherwise required by the court or by law, the
court shall make a decision based on the citation. The court may
consider any statement of explanation submitted with the plea.
{ +
LOCAL COURT FACILITY SECURITY ACCOUNTS + }
Enrolled House Bill 4167 (HB 4167-A) Page 4
SECTION 7. Section 61a, chapter 597, Oregon Laws 2011, is
amended to read:
{ + Sec. 61a. + } (1) During the biennium beginning July 1,
2011, the State Court Administrator may expend not more than
$2,862,376 from the State Court Facilities and Security Account
for the purposes of:
(a) Developing or implementing a plan for state court security
improvement, emergency preparedness and business continuity under
ORS 1.177.
(b) Statewide training on state court security.
(2) During the biennium beginning July 1, 2011, the State Court
Administrator may distribute not more than $4,701,919 from the
State Court Facilities and Security Account to court facilities
security accounts maintained under ORS 1.182. The distribution to
each county shall be based on amounts deposited in the
{ - Criminal Fine and Assessment Account - } { + local court
facilities security account + } by the circuit court for the
county { + , and by municipal and justice courts located in the
county, + } in the 2009-2011 biennium.
(3) Notwithstanding ORS 1.178 (2)(d), during the biennium
beginning July 1, 2011, the State Court Administrator may not
expend any funds from the State Court Facilities and Security
Account for the purpose of capital improvements for courthouses
and other state court facilities.
{ +
VIOLATION BUREAUS + }
SECTION 8. 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 { + justice or municipal + } 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. { + The schedule must specify the violations that are
subject to the authority of the violations clerk. + }
(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.
Enrolled House Bill 4167 (HB 4167-A) Page 5
(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 { + the + }
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.
{ +
DEDICATED FINES + }
SECTION 9. ORS 133.379 is amended to read:
133.379. { - (1) - } It shall be the duty of any peace
officer to arrest and prosecute any violator of ORS 167.315 to
167.333, 167.340, 167.355, 167.365 or 167.428 for any violation
which comes to the knowledge or notice of the officer.
{ - (2) All fines and forfeitures collected for violations of
ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428,
except for forfeitures of the animal as provided under ORS
167.350 or 167.435, shall be paid into the county treasury of the
county in which it is collected, and placed to the credit of the
county school fund. - }
{ +
HIGHWAY WORK ZONES, SCHOOL ZONES + }
{ +
AND SAFETY CORRIDOR ZONES + }
SECTION 10. ORS 153.020 is amended to read:
153.020. { - (1) - } If { - an individual - } { + a
person + } is charged with a traffic violation, as defined in ORS
801.557, and the enforcement officer issuing the citation notes
on the citation that the offense occurred in a highway work zone
and is subject to the provisions of ORS 811.230, occurred in a
posted school zone and is subject to the provisions of ORS
811.235, or occurred in a safety corridor and is subject to the
provisions of ORS 811.483, the presumptive fine for the violation
is:
{ - (a) - } { + (1) + } $870 for a Class A violation.
{ - (b) - } { + (2) + } $520 for a Class B violation.
{ - (c) - } { + (3) + } $320 for a Class C violation.
{ - (d) - } { + (4) + } $220 for a Class D violation.
{ - (2) The presumptive fine for a specific fine violation
that is subject to this section is an amount equal to twice the
presumptive fine determined for the violation under ORS 153.019
(2). - }
Enrolled House Bill 4167 (HB 4167-A) Page 6
SECTION 11. ORS 153.021 is amended to read:
153.021. (1) Except as otherwise provided by law, a court may
not defer, waive, suspend or otherwise reduce the fine for a
violation that is subject to the presumptive fines established by
ORS 153.019 (1) or 153.020 { - (1) - } to an amount that is
less than:
(a) $220 for a Class A violation.
(b) $130 for a Class B violation.
(c) $80 for a Class C violation.
(d) $60 for a Class D violation.
(2) Except as otherwise provided by law, a court may not defer,
waive, suspend or otherwise reduce the fine for a specific fine
violation to an amount that is less than 20 percent of the
presumptive fine for the violation.
(3) This section does not affect the manner in which a court
imposes or reduces monetary obligations other than fines.
(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
137.289 to 137.297 and 153.640 to 153.680. 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 of ORS
137.289 to 137.297 and 153.640 to 153.680.
{ +
OVERWEIGHT TRUCK VIOLATIONS + }
SECTION 12. ORS 818.430 is amended to read:
818.430. This section establishes schedules of presumptive
fines for violations of maximum weight requirements under the
vehicle code. The particular schedule applicable is the schedule
designated in the section establishing the offense. Upon
conviction, a person is punishable by a fine and other penalty
established in the schedule. Fines are based upon the excess
weight by which any loaded weight exceeds the applicable loaded
weight authorized in the provision, permit, order or resolution
the person violates. The schedules are as follows:
(1) The presumptive fines under Schedule I are as provided in
this subsection. If the excess weight is:
(a) One thousand pounds or less, the presumptive fine is $100.
(b) More than 1,000 pounds, but not in excess of 2,000 pounds,
the presumptive fine is $150.
(c) More than 2,000 pounds, but not in excess of 3,000 pounds,
the presumptive fine is $200.
(d) More than 3,000 pounds, but not in excess of 5,000 pounds,
the presumptive fine is $300.
(e) More than 5,000 pounds, but not in excess of 7,500 pounds,
the presumptive fine is an amount equal to 15 cents per pound for
each pound of the excess weight.
(f) More than 7,500 pounds, but not in excess of 10,000 pounds,
the presumptive fine is an amount equal to 16 cents per pound for
each pound of the excess weight.
(g) More than 10,000 pounds, but not in excess of 12,500
pounds, the presumptive fine is an amount equal to 20 cents for
each pound of the excess weight.
(h) More than 12,500 pounds over the allowable weight, the
presumptive fine is an amount equal to 24 cents per pound for
each pound of excess weight.
Enrolled House Bill 4167 (HB 4167-A) Page 7
(2) The presumptive fines under Schedule II are as provided in
this subsection. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the
presumptive fine is an amount equal to $200 plus 10 cents per
pound of the excess weight.
(b) More than 5,000 pounds, but not in excess of 10,000 pounds,
the presumptive fine is an amount equal to $350 plus 15 cents per
pound of the excess weight.
(c) More than 10,000 pounds, the presumptive fine is an amount
equal to $600 plus 30 cents per pound of the excess weight.
(3) Notwithstanding ORS 153.021, the fine imposed under
subsection (2) of this section shall be not more than $100 if a
person charged with an offense punishable under Schedule II
produces in court a second valid variance permit issued under ORS
818.200 authorizing a loaded weight equal to or greater than the
actual loaded weight of the vehicle, combination of vehicles,
axle, tandem axles or group of axles upon which the citation was
based.
(4) The penalties under Schedule III are as provided in this
subsection and are in addition to any suspension of operator's
license under ORS 809.120 or any suspension of vehicle
registration under ORS 809.120. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the
presumptive fine { - shall be - } { + is + } $200 plus 15
cents per pound for each pound of the excess weight.
(b) More than 5,000 pounds but not in excess of 10,000 pounds,
the presumptive fine { - shall be - } { + is + } $350 plus 20
cents per pound for each pound of excess weight.
(c) More than 10,000 pounds, { - the operator commits a Class
C misdemeanor - } { + the presumptive fine is $500, plus 30
cents per pound for each pound of excess weight + }.
SECTION 13. { + The amendments to ORS 818.430 by section 12 of
this 2012 Act apply only to offenses that are committed on or
after the effective date of this 2012 Act. + }
{ +
DISTRIBUTIONS FROM CRIMINAL FINE ACCOUNT + }
SECTION 14. ORS 137.300 is amended to read:
137.300. (1) The Criminal Fine Account is established in the
General Fund. Except as otherwise provided by law, all amounts
collected in state courts as monetary obligations in criminal
actions shall be deposited by the courts in the account. All
moneys in the account are continuously appropriated to the
Department of Revenue to be distributed by the Department of
Revenue as provided in this section. The Department of Revenue
shall keep a record of moneys transferred into and out of the
account.
(2) The Legislative Assembly shall first allocate moneys from
the Criminal Fine Account for the following purposes, in the
following order of priority:
(a) Allocations for public safety standards, training and
facilities.
(b) Allocations for criminal injuries compensation and
assistance to victims of crime and children reasonably suspected
of being victims of crime.
(c) Allocations for the forensic services provided by the
Oregon State Police, including, but not limited to, services of
the State Medical Examiner.
Enrolled House Bill 4167 (HB 4167-A) Page 8
(d) Allocations for the maintenance and operation of the Law
Enforcement Data System.
(3) After making allocations under subsection (2) of this
section, the Legislative Assembly shall allocate moneys from the
Criminal Fine Account for the following purposes:
(a) Allocations to the Law Enforcement Medical Liability
Account established under ORS 414.815.
(b) Allocations to the State Court Facilities and Security
Account established under ORS 1.178.
(c) Allocations to the Department of Corrections for community
corrections grants under ORS 423.520.
(d) Allocations to the Oregon Health Authority for the purpose
of grants under ORS 430.345 for the establishment, operation and
maintenance of alcohol and drug abuse prevention, early
intervention and treatment services provided through a county.
(e) Allocations to the Oregon State Police for the purpose of
the enforcement of the laws relating to driving under the
influence of intoxicants.
(f) Allocations to the Arrest and Return Account established
under ORS 133.865.
(g) Allocations to the Intoxicated Driver Program Fund
established under ORS 813.270.
(4) It is the intent of the Legislative Assembly that
allocations from the Criminal Fine Account under subsection (3)
of this section be consistent with historical funding of the
entities, programs and accounts listed in subsection (3) of this
section from monetary obligations imposed in criminal
proceedings.
(5) Moneys in the Criminal Fine Account may not be allocated
for the payment of debt service obligations.
(6) The Department of Revenue shall deposit in the General Fund
all moneys remaining in the Criminal Fine Account after the
distributions listed in subsections (2) and (3) of this section
have been made.
(7) The Department of Revenue shall establish by rule a process
for distributing moneys in the Criminal Fine Account. { + The
department may not distribute more than one-eighth of the total
biennial allocation to an entity during a calendar quarter. + }
{ +
SMALL FINE OFFENSES + }
SECTION 15. 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; or
(b) The amount of the fine if the fine is less than $60.
(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 16. { + The amendments to ORS 153.633 by section 15 of
this 2012 Act apply only to offenses committed on or after the
effective date of this 2012 Act. + }
{ +
VIOLATION OF TRI-MET ORDINANCES + }
Enrolled House Bill 4167 (HB 4167-A) Page 9
SECTION 17. { + Section 18 of this 2012 Act is added to and
made a part of ORS chapter 153. + }
SECTION 18. { + (1) 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:
(a) The amount prescribed by ORS 153.633 (1) is payable to the
state and must be deposited in the Criminal Fine Account;
(b) One-half of the amount remaining after any payment required
by paragraph (a) of this subsection is payable to the district
that enacted the ordinance; and
(c) One-half of the amount remaining after any payment required
by paragraph (a) of this subsection is payable as provided in
subsection (2) of this section.
(2)(a) If a judgment of conviction that is subject to
subsection (1) of this section is entered in circuit court, the
amount specified in subsection (1)(c) of this section shall be
paid to the state.
(b) If a judgment of conviction that is subject to subsection
(1) of this section is entered in justice court, the amount
specified in subsection (1)(c) of this section shall be paid to
the county that established the court.
(c) If a judgment of conviction that is subject to subsection
(1) of this section is entered in municipal court, the amount
specified in subsection (1)(c) of this section shall be paid to
the city that established the court. + }
SECTION 19. { + (1) Section 18 of this 2012 Act becomes
operative on April 1, 2012.
(2) Section 18 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.
(3) Notwithstanding ORS 137.300, there is allocated $77,860 to
the Judicial Department from the Criminal Fine Account, for the
purpose of reimbursing the Tri-County Metropolitan Transportation
District of Oregon for amounts that were collected in circuit
courts between January 1, 2012, and April 1, 2012, for violations
of ordinances and that were not distributed as provided under
section 18 of this 2012 Act. The department shall transfer the
amounts to the district as soon as possible after the effective
date of this 2012 Act. + }
{ +
CAPTIONS + }
SECTION 20. { + 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 21. { + 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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Enrolled House Bill 4167 (HB 4167-A) Page 10
Passed by House February 24, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate February 29, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4167 (HB 4167-A) Page 11
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4167 (HB 4167-A) Page 12
