Judgment in criminal action that contains money award
(1) Except as provided in this section, the judgment document in a criminal action that contains a money award, whether by reason of a fine, restitution, forfeiture of security under ORS 135.280 (Arrest warrant), a fee, an assessment, costs and disbursements or any other monetary obligation, must contain a separate section clearly labeled at its beginning as a money award. The separate section must be placed immediately above the judge’s or court administrator’s signature. If the judgment includes an award of restitution, the label of the separate section must so indicate.
(2) The separate money award section described by subsection (1) of this section must contain the following information:
(a) A listing of the specific amounts awarded as fines, assessments, costs, restitution and any other monetary obligations imposed in the sentence as part of the money award. If the court is unable to determine the full amount of restitution at the time of sentencing, the court may include the amount that can be determined or may establish a maximum amount.
(b) If restitution or a compensatory fine is ordered, the name of the person to whom the court should disburse payments, unless the victim requests that this information be exempt from disclosure in the public record.
(c) A statement that, subject to amendment of a judgment under ORS 137.107 (Authority of court to amend part of judgment relating to restitution), money required to be paid as a condition of probation remains payable after revocation of probation only if the amount is included in the money award portion of the judgment document, even if the amount is referred to in other parts of the judgment document.
(d) Unless immediate payment is required, the specific terms of payment imposed or allowed by the court.
(e) If payment of all or part of a monetary obligation is suspended, a statement specifying the nature and amount of the suspended obligations.
(3) The requirements of this section and ORS 18.038 (Form of judgment document generally) do not apply to a judgment document if the action was commenced by the issuance of a uniform citation adopted under ORS 1.525 (Uniform citation and petition forms for certain offenses) and the court has used the space on the citation for the entry of a judgment. The exemption provided by this subsection does not apply if any indictment, information or complaint other than a uniform citation is filed in the action.
(4) If a judgment is for conviction of a violation as described in ORS 153.008 (Violations described), the judgment creates a lien only if the court so orders. If a judgment does not create a lien under this subsection, the judgment document need not contain the separate money award section described by subsection (1) of this section.
(5) A judgment in a criminal action that contains a money award is a judgment in favor of the state and may be enforced only by the state.
(6) A judgment in a criminal action that includes a money award, but does not contain a separate section clearly labeled as a money award, does not create a judgment lien but may be enforced by any other judgment remedy. [2003 c.576 §6; 2005 c.566 §13; 2005 c.568 §13; 2005 c.618 §3a; 2015 c.197 §2]
Note: Section 8 (1), chapter 618, Oregon Laws 2005, provides:
Sec. 8. (1) The amendments to ORS 18.048 (Judgment in criminal action that contains money award), 18.075 (Entry of judgments in circuit courts generally), 18.180 (Expiration of judgment remedies in circuit court) and 18.194 (Expiration and extension of judgment remedies for justice and municipal court judgments) by sections 1 to 4 of this 2005 Act apply to judgments entered on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.618 §8(1)]
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