reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.022 - Authority of agency to specify rule violation as particular level of violation.

If a statute provides that violation of the rules of an agency constitutes an offense, as described in ORS 161.505, the agency may by rule specify that violation of a specific rule of the agency is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the agency may specify that violation of the specific rule is a Class A, B, C or D violation under the provisions of ORS 153.012 as long as the class specified in the rule is lower than the statutory classification for the offense. [1999 c.1051 §76]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.025 - Authority of political subdivision to specify ordinance violation as particular level of violation.

(1) If a statute provides that violation of the ordinances of a political subdivision of this state constitutes an offense, as described in ORS 161.505, the political subdivision may by ordinance specify that violation of a specific ordinance of the political subdivision is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the political subdivision may specify that violation of the specific ordinance is a Class A, B, C or D violation under the provisions of ORS 153.012 as long as the class specified in the ordinance is lower than the statutory classification for the offense.
(2) Nothing in this section requires a political subdivision to use the classifications established by ORS 153.012 or to use the presumptive fines established under ORS 153.019 and 153.020 for violations of ordinances adopted by the political subdivision. [1999 c.1051 §78; 2011 c.597 §111]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.030 - Applicability; statute of limitations.

(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, 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. [1999 c.1051 §7; 2011 c.597 §111a; 2012 c.89 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.033 - Rules of procedure.

The Supreme Court may adopt rules for the conduct of violation proceedings. Rules adopted by the Supreme Court under this section must be consistent with the provisions of this chapter. Rules adopted under this section supersede any local rule of a state court to the extent the local rule is inconsistent with the rule adopted by the Supreme Court. All city ordinances and municipal court rules must conform to any rules adopted by the Supreme Court under this section. [1999 c.1051 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.036 - Venue.

(1) A violation proceeding may be commenced in:
(a) The county in which the violation was committed; or
(b) Any other county whose county seat is a shorter distance by road from the place where the violation was committed than is the county seat of the county in which the violation was committed.
(2)(a) If a violation proceeding is commenced in the county in which the violation was committed, the proceeding may be commenced in a circuit or justice court of the county or, if the violation was committed within a city, in the municipal court.
(b) If a violation proceeding is commenced in a county other than the county in which the violation was committed, the proceeding may be commenced:
(A) In a circuit court;
(B) Notwithstanding the provisions of ORS 51.050 that limit the jurisdiction of justice courts to offenses committed within the county, in a justice court; or
(C) If the violation was committed within a city, in the municipal court of the city.
(3) A Central Violations Bureau established under ORS 153.806 may conduct violation proceedings for a violation commenced in circuit court notwithstanding the county in which the proceeding is commenced.
(4)(a) Except as otherwise provided in paragraph (b) of this subsection, if a violation proceeding is commenced in a county other than the county in which the violation was committed, at the request of the defendant the place of trial may be changed to the county in which the violation was committed. A request for a change of the place of trial shall be made prior to the date set for the trial and shall be governed by the provisions of ORS 131.305 to 131.415 relating to change of venue.
(b) A defendant may not request that the place of trial be changed if the violation was committed within a city and the proceeding is commenced in the municipal court of the city.
(5) Except as specifically provided in this section, venue in violation proceedings in circuit courts is governed by ORS 131.305 to 131.415. [1999 c.1051 §12; 1999 c.1051 §12a; 2003 c.528 §1; 2019 c.60 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.039 - Stop and detention for violation.

(1) An enforcement officer may not arrest, stop or detain a person for the commission of a violation except to the extent provided in this section and ORS 810.410.
(2) An enforcement officer may stop and detain any person if the officer has reasonable grounds to believe that the person has committed a violation. An enforcement officer may stop and detain any employee, agent or representative of a firm, corporation or other organization if the officer has reasonable grounds to believe that the firm, corporation or other organization has committed a violation.
(3) Except as provided in subsection (4) of this section, the period of detention may be only as long as is necessary to:
(a) Establish the identity of the person, firm, corporation or organization believed to have committed the violation;
(b) Conduct any investigation reasonably related to the violation; and
(c) Issue a citation for the violation.
(4) The authority of an enforcement officer to stop and detain a person for a traffic violation as defined by ORS 801.557 is governed by ORS 810.410. [1999 c.1051 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.042 - Citations generally; issuance.

(1) Except as provided in ORS 810.410 for issuance of a citation based on a traffic violation, as that term is defined in ORS 801.557, or as otherwise specifically provided by law, an enforcement officer may issue a violation citation only if the conduct alleged to constitute a violation takes place in the presence of the enforcement officer and the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation.
(2) If the person receiving the citation is a firm, corporation or other organization, the citation may be issued to an employee, agent or representative of the firm, corporation or organization. [1999 c.1051 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.043 - Citations for Class E violations; issuance.

(1) An enforcement officer issuing a citation for a Class E violation shall provide the person receiving the citation with information concerning how the person may complete a screening, as specified in ORS 430.389 (2)(e)(A).
(2) The requirement described in subsection (1) of this section may be satisfied by providing the person with the number for the telephone hotline established under ORS 430.391. [2021 c.591 §19; 2023 c.248 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.045 - Citation; requirements.

(1) Except as provided in subsection (5) of this section, a citation conforming to the requirements of this section must be used by enforcement officers for all violations. The citation may contain other language in addition to the language specified in this section.
(2) Uniform citation forms for violations shall be adopted by the Supreme Court under ORS 1.525. In adopting those forms, the Supreme Court may combine the requirements for violation citations under this section and the requirements for criminal citations under ORS 133.066. More than one violation may be charged on a single citation form, but a crime and a violation may not be charged on the same citation form.
(3) A violation citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:
(a) A complaint in the form prescribed by ORS 153.048.
(b) The abstract of court record.
(c) The police record.
(d) A summons in the form prescribed by ORS 153.051.
(4) Each of the parts shall contain the information or blanks required by rules of the Supreme Court under ORS 1.525.
(5) The complaint shall contain a form of certificate in which the enforcement officer must certify, under the penalties provided in ORS 153.990, that the enforcement officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the violation specified in the complaint. A certificate conforming to this subsection shall be deemed equivalent of a sworn complaint. [1999 c.1051 §13; 2005 c.566 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.048 - Complaint; requirements.

(1) The complaint in a violation citation must contain at least the following:
(a) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.
(b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.
(c) A certificate under ORS 153.045 (5) signed by the enforcement officer.
(2) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.
(3) A court may amend a complaint in its discretion. [1999 c.1051 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.051 - Summons; requirements.

A summons in a violation citation is sufficient if it contains the following:
(1) The name of the court, the name of the person cited, the date on which the citation was issued, the name of the enforcement officer issuing the citation, and the time and place at which the person cited is to appear in court.
(2) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.
(3) A notice to the person cited that a complaint will be filed with the court based on the violation.
(4) The amount of the presumptive fine, if any, fixed for the violation.
(5) A statement notifying the person that a monetary judgment may be entered against the person for up to the maximum amount of fines, restitution and other costs allowed by law for the violation if the person fails to make all required appearances at the proceedings.
(6) A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the presumptive fine indicated on the citation, and the court accepts the plea, the amount of the fine imposed against the defendant may not exceed the amount of the presumptive fine indicated on the citation.
(7) A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the presumptive fine indicated on the citation:
(a) The person may submit an explanation of the circumstances of the violation; and
(b) The court may consider the explanation in establishing the amount of the fine, but in no event can the court impose a fine that is less than the minimum fine established under ORS 153.021 (1) except as provided in ORS 153.021 (2).
(8) A statement notifying the person that, if the person pleads not guilty and requests a trial, the court cannot impose a fine that is less than the minimum fine established under ORS 153.021 (1) except as provided in ORS 153.021 (2) or unless the person is found not guilty, in which case no fine will be imposed. [1999 c.1051 §15; 2011 c.597 §23; 2022 c.68 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.054 - Service and filing.

Except as provided in ORS 267.153, 810.439, 811.590, 811.615 or 811.617 or other law, an enforcement officer issuing a violation citation shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court. [1999 c.1051 §16; 2017 c.427 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.062 - Class E violation proceedings.

(1) Notwithstanding ORS 153.018, 153.019 and 153.021, and subject to subsection (2) of this section, a person subject to the penalty for a Class E violation may, in lieu of the fine, complete a screening, as set forth in ORS 430.389 (2)(e)(A), or any other equivalent or more intensive treatment contact, within 45 days of when the person receives the citation for the Class E violation.
(2) Upon receiving verification that the person has obtained a screening through a Behavioral Health Resource Network, including the telephone hotline described in ORS 430.391 (1), or any other equivalent or more intensive treatment contact, within the time period described in subsection (1) of this section, the court shall dismiss the citation.
(3) The failure to pay a fine on a Class E violation is not a basis for further penalties or for a term of incarceration. [2021 c.2 §22; 2021 c.591 §20; 2023 c.248 §14]
Note:
153.062 was enacted into law but was not added to or made a part of ORS chapter 153 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.064 - Warrant for arrest upon failure to appear.

(1) Except as provided in subsection (2) of this section, a warrant for arrest may be issued against a person who fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, only if the person is charged with failure to appear in a violation proceeding under ORS 153.992.
(2) If a person fails to make a first appearance on a citation for a violation other than a Class E violation, or fails to appear at any other subsequent time set for trial or other appearance on a violation other than a Class E violation, the court may issue an order that requires the defendant to appear and show cause why the defendant should not be held in contempt. The show cause order may be mailed to the defendant by certified mail, return receipt requested. If service cannot be accomplished by mail, the defendant must be personally served. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court. [1999 c.1051 §18; 2021 c.591 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.070 - When trial required.

The court may require that a trial be held in any violation proceeding. If the defendant requests a trial under ORS 153.061, or a trial is required by the court or by law, the court shall set a date, time and place for the trial. [1999 c.1051 §19; 2001 c.19 §2; 2003 c.518 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.073 - Time and place.

Unless notice is waived by the defendant, the court shall mail or otherwise provide to the defendant notice of the date, time and place at least five days before the date set for trial under ORS 153.070. If the citation is for a traffic violation, or is for a violation of ORS 471.430, the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220. [1999 c.1051 §20; 2001 c.817 §3; 2003 c.518 §1a]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.076 - Conduct of trial.

(1) Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the seven-day period.
(2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.
(3) The pretrial discovery rules in ORS 135.805 to 135.873 apply in violation proceedings.
(4) The defendant may not be required to be a witness in the trial of any violation.
(5) Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.
(6) A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial. [1999 c.1051 §21]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.080 - Testimony by affidavit or declaration.

(1) Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit or declaration of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:
(a) Testimony may not be presented by affidavit or declaration under the provisions of this section unless the court has adopted rules providing procedures for the introduction and use of testimony by affidavit or declaration.
(b) The court shall allow testimony by affidavit or declaration under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.
(c) Testimony by affidavit or declaration under this section is not subject to objection as hearsay.
(d) A statement signed by the defendant under paragraph (b) of this subsection does not constitute a waiver of trial unless the affidavit or declaration specifically so provides.
(e) Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit or declaration as provided in this section.
(2) As used in this section, "declaration" means a declaration under penalty of perjury in the form required by ORCP 1 E. [1999 c.1051 §22; 2015 c.121 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.083 - Who may present evidence.

(1) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:
(a) The application of statutes and rules to the facts in the case;
(b) The literal meaning of the statutes or rules at issue in the case;
(c) The admissibility of evidence; and
(d) Proper procedures to be used in the trial.
(2) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the duly authorized traffic enforcement agent who issued the citation for the offense may present the evidence reviewed by the agent as the basis for issuing a citation under ORS 810.436, 810.437 or 810.444.
(3) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the weighmaster or motor carrier enforcement officer who issued the citation for the offense may present the evidence reviewed by the weighmaster or motor carrier enforcement officer as the basis for issuing a citation listed under ORS 810.530.
(4)(a) As used in this section, "duly authorized traffic enforcement agent" means an individual who:
(A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent’s duties; and
(B) Has completed all necessary technical, administrative and other training to review photographs and issue citations under ORS 810.436, 810.437 or 810.444.
(b) Duly authorized traffic enforcement agents are not police officers as defined in ORS 801.395. [1999 c.805 §1; 1999 c.805 §2; 2003 c.305 §1; 2022 c.64 §4; 2023 c.400 §15]
Note:
153.083 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.096 - Suspension of fine in certain cases.

(1) In any proceeding for a violation under ORS 830.990 or 830.997, the court may conditionally suspend all or part of any fine or penalty to be imposed on the defendant if the defendant appears personally and agrees to complete at the defendant’s own expense a Safe Boating Education Course approved by the State Marine Board under ORS 830.110 (18), within time limits imposed by the court.
(2) In any proceeding for a violation under ORS 830.990 or 830.997, the court shall notify the State Marine Board if the defendant fails to appear at any time as required by law or the court, or fails to comply with any order of the court. [1999 c.1051 §96b]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.099 - Entry; nondefault cases.

(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 (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. [1999 c.1051 §23; 2007 c.784 §8; 2011 c.597 §25a; 2012 c.89 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.102 - Entry; default cases.

(1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the complaint and any other evidence the judge determines appropriate.
(2) If the defendant makes a first appearance in the manner required by ORS 153.061 within the time allowed and requests a trial, and the defendant subsequently fails to appear at the date, time and place set for any trial or other appearance in the matter, and if a trial is not otherwise required by the court or by law, the court shall enter a judgment based on the complaint and any other evidence the judge determines appropriate. [1999 c.1051 §24]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.105 - Relief from default judgment.

If a default judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect. A motion for relief under this section must be made by the defendant within a reasonable time, and in no event may a motion under this section be made more than one year after entry of judgment. [1999 c.1051 §26]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.108 - Effect of judgment.

(1) Notwithstanding ORS 131.505 to 131.535, if a person commits both a crime and a violation as part of the same criminal episode, the prosecution for one offense shall not bar the subsequent prosecution for the other. However, evidence of the first conviction shall not be admissible in any subsequent prosecution for the other offense.
(2) Notwithstanding ORS 43.130 and 43.160, a plea, finding or judgment in a violation proceeding, or the fact that a violation proceeding has been brought against a defendant, may not be used for the purpose of res judicata or collateral estoppel, or be admitted as evidence in any civil proceeding. [1999 c.1051 §27; 2011 c.597 §29]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.111 - Distribution of abstracts of convictions.

(1) Upon entry of a conviction for a traffic offense, the court shall forward to the Department of Transportation an abstract of conviction in the manner required by ORS 810.375, and a copy of the judgment, if required, under the provisions of ORS 810.375.
(2) Upon entry of a conviction for violation of any provision of the wildlife laws or commercial fishing laws, or any rule promulgated pursuant to those laws, the court that enters the judgment of conviction shall forward to the Department of State Police an abstract of conviction.
(3) Upon entry of a conviction for violation of a weights and measures law subject to penalty under ORS 618.991, the court shall forward to the State Department of Agriculture an abstract of conviction.
(4) Upon entry of a conviction of a boating offense, as defined in ORS 830.005, the court shall forward to the State Marine Board an abstract of conviction.
(5) A court may destroy any abstract not required to be forwarded to an agency under the provisions of this section. [1999 c.1051 §51; 2021 c.597 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.121 - Appeal.

An appeal from a judgment in a violation proceeding may be taken by either party as follows:
(1) From a proceeding in justice court or municipal court, as provided in ORS 138.057 for appeals of violations.
(2) From a proceeding in circuit court, as provided in ORS chapter 19, except that the standard of review is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony. [1999 c.1051 §28; 2005 c.266 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.530 - Designation of speed in complaint and summons charging violation of basic speed rule or speed limit.

The complaint and summons in a citation issued for the charges specified in this section shall specify the speed at which the defendant is alleged to have driven and the posted speed, the speed limit or the speed that constitutes prima facie evidence of violation of the basic speed rule, as appropriate, for the district or location. This section applies to the following charges:
(1) Violating the basic speed rule under ORS 811.100.
(2) Violating a speed limit under ORS 811.111. [Formerly 484.175; 1987 c.5 §7; 1987 c.887 §14; 1999 c.1051 §79; 2003 c.819 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.535 - Delivery of summons for certain traffic offenses.

(1) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant’s last-known address if:
(a) The summons is for an alleged violation of ORS 803.315, 811.520, 811.530, 815.025, 815.080 to 815.090, 815.115, 815.130, 815.185, 815.210 to 815.255, 815.275, 815.285, 816.030 to 816.300, 816.330, 816.350, 816.360 or 820.360 to 820.380;
(b) The enforcement officer gave a warning for violation of the statute to the defendant based on the officer’s observation at the time the violation occurred; and
(c) After the issuance of the warning, the enforcement officer determines that the defendant received two or more warnings within the year immediately preceding the issuance of the warning for violations of the statutes specified in paragraph (a) of this subsection.
(2) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant’s last-known address if:
(a) The summons is for an alleged violation of ORS 807.010, 811.175 or 811.182;
(b) The enforcement officer gave a warning for a traffic violation to the defendant; and
(c) After the issuance of the warning, the enforcement officer determines that the defendant had no valid operator license at the time of the warning.
(3) Proof of mailing summons under this section is sufficient proof of delivery of summons for purposes of ORS 133.065 and 153.054. [Formerly 484.180; 1983 c.338 §890; 1985 c.597 §24; 1987 c.730 §7; 1989 c.782 §36; 1999 c.1051 §80; 2001 c.335 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.624 - Costs for obtaining driving records.

In addition to any other costs charged a person convicted of a traffic offense, a court may charge as costs and collect from any person convicted of a traffic offense any actual costs incurred in obtaining any driving records relating to the person. [Formerly 484.145; 2011 c.597 §127]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.625

[Formerly 484.240; 1983 c.507 §1; 1985 c.16 §451; 1987 c.137 §1; 1989 c.636 §32; 1999 c.1051 §52; renumbered 810.375 in 1999]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.633 - Distribution to state.

(1) In any criminal action in a circuit court 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) $65; or
(b) The amount of the fine if the fine is less than $65.
(2) In any criminal action in a justice or municipal court 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) $50; or
(b) The amount of the fine if the fine is less than $50.
(3) A justice or municipal court shall forward the amount prescribed under subsection (2) of this section to the Department of Revenue for deposit in the Criminal Fine Account.
(4)(a) The provisions of this section do not apply to fines imposed under ORS 339.990.
(b) The provisions of subsection (2) 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). [2011 c.597 §6b; 2012 c.89 §15; 2013 c.685 §9; 2017 c.139 §4; 2017 c.712 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 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.
(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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.645 - Disposition of fines for traffic offenses; justice court.

(1) If a justice 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 an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined in ORS 174.111:
(a) The amount prescribed by ORS 153.633 (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account;
(b) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the county in which the justice court is located; and
(c) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the state.
(2) If a justice 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 or any other enforcement officer employed by the county:
(a) The amount prescribed by ORS 153.633 (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account; and
(b) Subject to subsection (4) of this section, the remaining amount of the fine is payable to the county in which the court is located.
(3) If a justice 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 an enforcement officer employed by any other local government, as defined in ORS 174.116:
(a) The amount prescribed by ORS 153.633 (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account;
(b) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the local government that employs the enforcement officer; and
(c) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the county in which the court is located.
(4) If the full amount of the fine imposed by a justice court is collected, the last $16 of the amount collected shall be paid to the county treasurer for the county in which the court is located and may be used only for the purposes specified in ORS 153.660. If the full amount of the fine imposed is not collected, the $16 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. The provisions of this subsection do not apply to fines imposed for violations of ORS 811.590, 814.485, 814.486, 814.534, 814.536, 814.600 or 830.990 (1). [2011 c.597 §48; 2013 c.685 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.650 - Disposition of fines for traffic offenses; municipal court.

(1) If a municipal 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 an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined in ORS 174.111:
(a) The amount prescribed by ORS 153.633 (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account;
(b) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the city in which the municipal court is located; and
(c) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the state.
(2) If a municipal 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 city police officer or any other enforcement officer employed by the city:
(a) The amount prescribed by ORS 153.633 (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account; and
(b) Subject to subsection (4) of this section, the remaining amount of the fine is payable to the city in which the court is located.
(3) If a municipal 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 an enforcement officer employed by any other local government, as defined in ORS 174.116:
(a) The amount prescribed by ORS 153.633 (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account;
(b) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the local government that employs the enforcement officer; and
(c) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the city in which the court is located.
(4) If the full amount of the fine imposed by a municipal court is collected, the last $16 of the amount collected shall be paid to the county treasurer for the county in which the court is located and may be used only for the purposes specified in ORS 153.660. If the full amount of the fine imposed is not collected, the $16 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. The provisions of this subsection do not apply to fines imposed for violations of ORS 811.590, 814.485, 814.486, 814.534, 814.536, 814.600 or 830.990 (1). [2011 c.597 §49; 2013 c.685 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.655 - Disposition of fines for mass transit district ordinance violations.

(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. [2012 c.89 §18]
Note:
153.655 was added to and made a part of ORS chapter 153 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.657 - Disposition of fines for violations of homeschooled student requirements.

(1) If a court enters a judgment of conviction for violation of the requirements of ORS 339.035, amounts collected under the judgment are payable as follows:
(a) One-half of the amount is payable to the school district or the education service district that employs the person who issued the citation under ORS 339.095; and
(b) One-half of the amount 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)(b) 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)(b) 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)(b) of this section shall be paid to the city that established the court. [2017 c.139 §2; 2021 c.597 §68]
Note:
153.657 was added to and made a part of ORS chapter 153 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.660 - Use of amounts paid to county treasurer.

(1) If a justice or municipal court imposes a fine for any offense other than a traffic offense and the full amount of the fine imposed is collected, the last $16 of the amount collected shall be paid to the county treasurer for the county in which the court is located and may be used only for the purposes specified in this section. If the full amount of the fine imposed is not collected, the $16 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. The provisions of this subsection do not apply to fines imposed for violations of ORS 811.590, 814.485, 814.486, 814.534, 814.536, 814.600 or 830.990 (1).
(2) Sixty percent of the amounts paid to the county treasurer under this section and under ORS 153.645 (4) and 153.650 (4) shall be deposited by the treasurer in the county treasury and may be used only for drug and alcohol programs and for the costs of planning, operating and maintaining county juvenile and adult corrections programs and facilities.
(3) Forty percent of the amounts paid to the county treasurer under this section and under ORS 153.645 (4) and 153.650 (4) shall be deposited by the treasurer in the court facilities security account established under ORS 1.182 for the county in which the court is located. [2013 c.685 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.675 - Disposition of amounts payable to state and local governments.

(1) Amounts payable to the state under ORS 153.633, 153.645, 153.650 and 153.657 shall be transferred by the court to the Department of Revenue for distribution as provided in ORS 305.830. Except as provided in ORS 153.640 (2)(b), amounts payable to a local government under ORS 153.640 to 153.680 and 153.657 shall be deposited by the court in the local government’s general fund and are available for general governmental purposes.
(2) Justice and municipal courts must make the transfer required by subsection (1) of this section under ORS 153.633, 153.645, 153.650 and 153.657 not later than the last day of the month immediately following the month in which a payment on a judgment is received by the court. [2011 c.597 §50; 2016 c.78 §7; 2017 c.139 §5]