Judgment and Execution

ORS 137.101
Compensatory fine


(1)

Whenever the court imposes a fine as penalty for the commission of a crime resulting in injury for which the person injured by the act constituting the crime has a remedy by civil action, unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction, the court may order that the defendant pay any portion of the fine separately to the clerk of the court as compensatory fines in the case. The clerk shall pay over to the injured victim or victims, as directed in the court’s order, moneys paid to the court as compensatory fines under this subsection. This section shall be liberally construed in favor of victims.

(2)

Compensatory fines may be awarded in addition to restitution awarded under ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim).

(3)

Nothing in this section limits or impairs the right of a person injured by a defendant’s criminal acts to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay compensatory fines under this section may not be introduced in any civil action arising out of the facts or events which were the basis for the compensatory fine. However, the court in such civil action shall credit any compensatory fine paid by the defendant to a victim against any judgment for punitive damages in favor of the victim in the civil action. [1981 c.637 §2; 1987 c.2 §11]

Notes of Decisions

Amount of compensatory fine may not exceed maximum fine that could otherwise be imposed for underlying offense. State v. Gray, 113 Or App 552, 833 P2d 341 (1992)

Pecuniary damage must be shown before compensatory fine may be imposed. State v. Smith, 116 Or App 558, 842 P2d 805 (1992), on reconsideration 120 Or App 438, 852 P2d 934 (1993)

Pecuniary loss suffered by injured person compensable only if special damages could be recovered in civil action. State v. Barkley, 315 Or 420, 846 P2d 390 (1993); State v. Smith, 120 Or App 438, 852 P2d 934 (1993)

Consideration of defendant's ability to pay is prerequisite to imposition of compensatory fine. State v. Packer, 140 Or App 488, 916 P2d 322 (1996)

Prerequisites of compensatory fine are (1) criminal activity, (2) economic damages and (3) casual relationship between two. State v. Haines, 238 Or App 431, 242 P3d 705 (2010)

Provision authorizes court to order state to share portion of fine imposed under underlying statute with victim but does not itself authorize imposition of fine. State v. Moore, 239 Or App 30, 243 P3d 151 (2010)

It is plain error for trial court to impose compensatory fine in addition to punitive fine for same count. State v. Moreno-Hernandez, 290 Or App 468, 415 P3d 1088 (2018)

Imposition of compensatory fine requires showing that recipient is subject to economic obligation. State v. Moreno-Hernandez, 290 Or App 468, 415 P3d 1088 (2018)


Source

Last accessed
Jun. 26, 2021