2007 ORS 137.290¹
Unitary assessment
  • amount
  • waiver

(1) In all cases of conviction for the commission of a crime or violation, excluding parking violations, the trial court, whether a circuit, justice or municipal court, shall impose upon the defendant, in addition to any other monetary obligation imposed, a unitary assessment under this section. Except when the person successfully asserts the defense set forth in ORS 419C.522 (Mental disease or defect as affirmative defense), the unitary assessment shall also be imposed by the circuit court and county court in juvenile cases under ORS 419C.005 (Jurisdiction) (1). The unitary assessment is a penal obligation in the nature of a fine and shall be in an amount as follows:

(a) $107 in the case of a felony.

(b) $67 in the case of a misdemeanor.

(c) $97 in the case of a conviction for driving under the influence of intoxicants.

(d) $37 in the case of a violation as described in ORS 153.008 (Violations described).

(2) The unitary assessment shall include, in addition to the amount in subsection (1) of this section:

(a) $42 if the defendant was driving a vehicle that requires a commercial driver license to operate and the conviction was for violating:

(A) ORS 811.100 (Violation of basic speed rule) by driving at a speed at least 10 miles per hour greater than is reasonable and prudent under the circumstances; or

(B) ORS 811.111 (Violating a speed limit) (1)(b) by driving at least 65 miles per hour;

(b) $500 if the crime of conviction is a crime found in ORS chapter 163;

(c) $500 if the crime of conviction is a violation of ORS 475.890 (Unlawful delivery of methamphetamine) or 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school); and

(d) $1,000 if the crime of conviction is a violation of ORS 475.886 (Unlawful manufacture of methamphetamine) or 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school).

(3) Subject to subsection (4) of this section, the court in any case may waive payment of the unitary assessment, in whole or in part, if, upon consideration, the court finds that payment of the assessment or portion thereof would impose upon the defendant a total monetary obligation inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

(a) The financial resources of the defendant and the burden that payment of the unitary assessment will impose, with due regard to the other obligations of the defendant; and

(b) The extent to which such burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

(4) If a defendant is convicted of an offense, the court:

(a) May waive all or part of the unitary assessment required under subsections (1) and (2)(a) of this section only if the court imposes no fine on the defendant.

(b) May not waive the portion of the unitary assessment required under subsection (2)(c) or (d) of this section, except in juvenile cases under ORS 419C.005 (Jurisdiction) (1). [1987 c.905 §1; 1991 c.460 §14; 1993 c.33 §300; 1993 c.637 §1; 1993 c.770 §§1,3; 1995 c.555 §1; 1997 c.872 §27; 1999 c.1051 §127; 1999 c.1056 §1d; 1999 c.1095 §6; 2003 c.737 §112; 2003 c.819 §11; 2005 c.843 §21; 2007 c.899 §§1,2]

Note: Section 5, chapter 899, Oregon Laws 2007, provides:

Sec. 5. The amendments to ORS 137.290 (Unitary assessment) by sections 1 and 2 of this 2007 Act apply to crimes committed on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.899 §5]

Note: 137.290 (Unitary assessment) to 137.300 (Criminal Fine and Assessment Account) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Court is not re­quired to make findings as predicate to imposing unitary assess­ment. State v. Sanchez, 160 Or App 182, 981 P2d 361 (1999), Sup Ct review denied

Because pay­ment of unitary assess­ment is based upon crim­i­nal sen­ten­cing judg­ment rather than finding of guilt, per­son found guilty except for insanity cannot be re­quired to pay assess­ment. State v. Gile, 161 Or App 146, 985 P2d 199 (1999)

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.