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 to
137.109.
(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]
(Restitution)
Notes of Decisions
State v. Moreno-Hernandez, 442 P.3d 1092 (Or. 2019).
· cites it 17× “101 as: "(a) The person or decedent against whom the defendant committed the criminal offense, if the court determines that the person or decedent has suffered or did suffer economic damages as a result of the offense. "(b) Any person not described in paragraph (a) of this…”
State v. Alonso, 393 P.3d 256 (Or. Ct. App. 2017).
· cites it 16× “Defendant argues that the trial court lacked the statutory authority under ORS 137.101 to impose a compensatory fine because the victim’s tattoo was not the direct result of his crime and because the victim could not recover the costs for the tattoo removal in a civil action…”
State v. Barkley, 846 P.2d 390 (Or. 1993).
· cites it 14× “The Court of Appeals held that the child’s mother was not a “victim” entitled to payment of a *433 compensatory fine under ORS 137.101, because she “did not suffer direct physical injury when her daughter was raped and sodomized.”
State v. Garlitz, 404 P.3d 1090 (Or. Ct. App. 2017).
· cites it 8× “Defendant’s first assignment of error misapprehends the operation of the compensatory fine statute. Under ORS 161.”
State v. Moreno-Hernandez, 415 P.3d 1088 (Or. Ct. App. 2018).
· cites it 7× “At sentencing, in addition to imposing a term of 370 months' imprisonment, the trial court also expressed interest in imposing compensatory fines under ORS 137.101. In *470 accordance with that statute, the court indicated that the state must prove economic damages to the victim…”
State v. Moore, 243 P.3d 151 (Or. Ct. App. 2010).
· cites it 10× “But it ordered defendant to pay those costs as a compensatory fine under ORS 137.101, payable to Infinity. Defendant renewed his objection on the same grounds.”
State v. Barkley, 817 P.2d 1328 (Or. Ct. App. 1991).
· cites it 15× “However, we must next determine whether, in the light of the emphasized proviso, the definition of “victim” applies in ORS 137.101. We conclude that it does not, because ORS 137.”
State v. Nichols, 383 P.3d 988 (Or. Ct. App. 2016).
· cites it 7× “1 ORS 137.101(1) authorizes the court to order the state to share a portion of that penalty fine with a victim of the offense.”
State v. Grismore, 388 P.3d 1144 (Or. Ct. App. 2016).
· cites it 5× “ORS 137.101, the compensatory fine statute, provides, in pertinent part: “(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…”
State v. Gray, 833 P.2d 341 (Or. Ct. App. 1992).
· cites it 10× “[1] The court imposed a compensatory fine under ORS 137.101 [2] as part of the sentence for the failure to perform the duties of a driver conviction.”
State v. Smith, 842 P.2d 805 (Or. Ct. App. 1992).
· cites it 6× “ORS 137.101 provides: “(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…”
State v. Shepherd, 236 P.3d 738 (Or. Ct. App. 2010).
· cites it 6× “106, and $1,200 as a compensatory fine, ORS 137.101. On appeal, defendant argues that the trial court erred in ordering the compensatory fine because such fines are authorized only for objectively verifiable monetary losses and the state did not adduce any evidence that the…”
— Or. Rev. Stat. § 137.101(1) — 48 cases
State v. Moreno-Hernandez, 442 P.3d 1092 (Or. 2019).
“101 as: "(a) The person or decedent against whom the defendant committed the criminal offense, if the court determines that the person or decedent has suffered or did suffer economic damages as a result of the offense. "(b) Any person not described in paragraph (a) of this…”
State v. Nichols, 383 P.3d 988 (Or. Ct. App. 2016).
“1 ORS 137.101(1) authorizes the court to order the state to share a portion of that penalty fine with a victim of the offense.”
State v. Moore, 243 P.3d 151 (Or. Ct. App. 2010).
“But it ordered defendant to pay those costs as a compensatory fine under ORS 137.101, payable to Infinity. Defendant renewed his objection on the same grounds.”
State v. Moreno-Hernandez, 415 P.3d 1088 (Or. Ct. App. 2018).
“At sentencing, in addition to imposing a term of 370 months' imprisonment, the trial court also expressed interest in imposing compensatory fines under ORS 137.101. In *470 accordance with that statute, the court indicated that the state must prove economic damages to the victim…”
— Or. Rev. Stat. § 137.101(2) — 1 case
State v. Shepherd, 236 P.3d 738 (Or. Ct. App. 2010).
“106, and $1,200 as a compensatory fine, ORS 137.101. On appeal, defendant argues that the trial court erred in ordering the compensatory fine because such fines are authorized only for objectively verifiable monetary losses and the state did not adduce any evidence that the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.