Oregon Statutes 153.640 – Disposition of fines for traffic offenses; circuit court
(1) If a circuit court enters a judgment of conviction for a traffic offense, the full amount of the fine imposed under the judgment is payable to the state if the conviction resulted from a prosecution arising out of an arrest or complaint made by an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined in ORS § 174.111.
Terms Used In Oregon Statutes 153.640
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
- Traffic offense: has the meaning given that term in ORS § 801. See Oregon Statutes 153.005
(2)(a) If a circuit court enters a judgment of conviction for a traffic offense and the conviction resulted from a prosecution arising out of an arrest or complaint made by a sheriff, deputy sheriff, city police officer or any other enforcement officer employed by a local government, as defined in ORS § 174.116:
(A) The amount prescribed by ORS § 153.633 (1) is payable to the state and must be deposited in the Criminal Fine Account;
(B) Subject to paragraph (b) of this subsection, one-half of the amount remaining after any payment required by subparagraph (A) of this paragraph is payable to the local government that employs the enforcement officer; and
(C) Subject to paragraph (b) of this subsection, one-half of the amount remaining after any payment required by subparagraph (A) of this paragraph is payable to the state.
(b) If the full amount of the fine imposed by a circuit court is collected and a surcharge imposed under ORS § 1.188 is part of the presumptive fine as provided in ORS § 153.019 or 153.020, the last $5 of the amount collected shall be paid to the county for deposit in the county’s courthouse surcharge account established under ORS § 1.189. If the full amount of the fine imposed is not collected, the $5 payment required by this paragraph shall be reduced by one dollar for every dollar of the fine that is not collected. [2011 c.597 § 47; 2016 c.78 § 5]