Violations and Fines

ORS 153.806
Central Violations Bureau

  • rules


(1)

The State Court Administrator may establish a Central Violations Bureau for the processing of violations in circuit courts.

(2)

(a) The administrator may designate employees of the administrator to act as violations clerks for the Central Violations Bureau.

(b)

A violations clerk shall serve under the direction and control of the administrator.

(c)

A violations clerk of the Central Violations Bureau may exercise authority over any violation specified by the Chief Justice of the Supreme Court under subsection (4) of this section.

(3)

A circuit court may use a Central Violations Bureau established under this section in addition to establishing and operating a Violations Bureau under ORS 153.800 (Violations Bureau established by court).

(4)

The uniform fine schedule for violations prosecuted in circuit courts established by the Chief Justice of the Supreme Court under ORS 153.800 (Violations Bureau established by court) must specify the violations that are subject to the authority of the Central Violations Bureau violations clerk.

(5)

(a) Except as provided in subsection (7) of this section, a violations clerk shall accept:

(A)

Written appearance or appearance by electronic or telephonic means, waiver of trial, plea of 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.

(b)

A violations clerk may accept payments made by electronic or telephonic means.

(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.

(6)

(a) A person charged with a violation within the authority of the violations clerk may:

(A)

Upon signing an appearance, plea of no contest and waiver of trial, or upon appearing and entering a plea and waiver by electronic or telephonic means, 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.

(b)

Notwithstanding ORS 153.021 (Minimum fines) and paragraph (a) of this subsection, the violations clerk may offer a reduction in the presumptive fine for a person making payment through the Internet.

(7)

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 may not appear before the violations clerk unless the Chief Justice of the Supreme Court, by general order applying to certain specified offenses, permits such appearance.

(8)

The Chief Justice of the Supreme Court may adopt rules to carry out the provisions of this section. [2019 c.60 §1]
Note: 153.806 (Central Violations Bureau) 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.

Source

Last accessed
Jun. 26, 2021