Oregon Statutes 137.286 – Minimum fines for misdemeanors and felonies; retention of jurisdiction
(1) Unless a specific minimum fine is provided by law, the minimum fine for a misdemeanor is $100.
Terms Used In Oregon Statutes 137.286
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) Unless a specific minimum fine is provided by law, the minimum fine for a felony is $200.
(3) A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:
(a) The financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and
(b) The extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.
(4) This section does not affect the manner in which a court imposes or reduces monetary obligations other than fines.
(5) During any period of supervision that is part of the defendant’s sentence, the court retains jurisdiction under this subsection for the limited purpose of waiving any unpaid portion of a fine previously imposed if the defendant is able to establish a financial hardship that prevents the defendant from completing an alcohol or drug treatment program that was required as a condition of supervision. Any moneys received in payment of the fine prior to the waiver may not be returned to the defendant. [2011 c.597 § 10; 2015 c.186 § 1]
[Formerly 137.293; renumbered 137.143 in 2013]
[2011 c.597 § 33; 2013 c.685 § 21; renumbered 137.146 in 2013]
[1987 c.905 § 1; 1991 c.460 § 14; 1993 c.33 § 300; 1993 c.637 § 1; 1993 c.770 1,3; 1995 c.555 § 1; 1997 c.872 § 27; 1999 c.1051 § 127; 1999 c.1056 § 1d; 1999 c.1095 § 6; 2003 c.737 § 112; 2003 c.819 § 11; 2005 c.843 § 21; 2007 c.899 1,2; repealed by 2011 c.597 § 118]
Section 1 (2), chapter 89, Oregon Laws 2012, provides:
(2) The repeal of ORS § 137.290 by section 118, chapter 597, Oregon Laws 2011, applies to an offense only if the offense was committed on or after January 1, 2012, or, if the offense was committed before January 1, 2012, if the offense arises from the actions of a person who was under 18 years of age at the time of the offense and who was not waived to circuit court for prosecution as an adult under ORS § 419C.340. 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. [2012 c.89 § 1(2); 2021 c.597 § 36a(2)]
[2011 c.597 § 34; 2013 c.685 § 22; renumbered 137.149 in 2013]
[2011 c.597 § 35; 2013 c.685 § 23; renumbered 137.153 in 2013]
[1987 c.905 § 2; 2011 c.597 § 123; renumbered 137.288 in 2011]
[2011 c.597 § 36; 2013 c.685 § 24; renumbered 137.155 in 2013]
[1987 c.905 § 3; 1991 c.460 § 13; 1993 c.33 § 301; 1995 c.782 § 3; 1997 c.761 § 10; 1999 c.1051 § 128; 1999 c.1064 § 1; 2001 c.823 22,23; 2003 c.687 2,3; 2005 c.564 4,5; 2007 c.626 § 2; 2007 c.899 3,4; repealed by 2011 c.597 § 118]
[2011 c.597 § 37; 2013 c.685 § 25; renumbered 137.157 in 2013]
[2011 c.597 § 38; 2013 c.685 § 26; renumbered 137.159 in 2013]
(Criminal Fine Account)