153.633
Distribution to state.
(1) In any criminal action in a circuit court in which a fine is imposed, the
lesser of the following amounts is payable to the state before any other
distribution of the fine is made:
(a) $65; or
(b) The amount of
the fine if the fine is less than $65.
(2) In any
criminal action in a justice or municipal court in which a fine is imposed, the
lesser of the following amounts is payable to the state before any other
distribution of the fine is made:
(a) $50; or
(b) The amount of
the fine if the fine is less than $50.
(3) A justice or
municipal court shall forward the amount prescribed under subsection (2) of
this section to the Department of Revenue for deposit in the Criminal Fine
Account.
(4)(a) The
provisions of this section do not apply to fines imposed under ORS 339.990.
(b) The
provisions of subsection (2) of this section do not apply to fines imposed in
justice and municipal courts under ORS 811.590, 814.485, 814.486, 814.534,
814.536, 814.600 or 830.990 (1). [2011 c.597 §6b; 2012 c.89 §15; 2013 c.685 §9;
2017 c.139 §4; 2017 c.712 §4]
153.635 [Formerly 484.260; 1989 c.934 §1;
repealed by 2011 c.597 §118]
Notes of Decisions
Cited in
5
cases, 2015–2016 · leading case:
State v. Nutt, 360 P.3d 636 (Or. Ct. App. 2015).
State v. Nutt, 360 P.3d 636 (Or. Ct. App. 2015).
· cites it 4× “Defendant suggests that “[t]he most likely explanation is that the trial court misapplied ORS 153.633,” which provides, in part: “(1) In any criminal action in a circuit court in which a fine is imposed, the lesser of the following amounts is payable to the state before any…”
State v. Machado, 373 P.3d 1224 (Umatilla Cty. Cir. Ct., O.R. 2016).
· cites it 3× “2 The state agrees, noting that ORS 153.633 “directs the first $60 of any fine imposed to go to the state, but it does not provide for the imposition of a separate $60 fee.”
State v. Lindemann, 358 P.3d 328 (Or. Ct. App. 2015).
“Defendant points out that the trial court imposed fines of $500 or $250 for each conviction, as allowed by ORS 153.633, and argues that there is no statutory authority to separately impose additional fines.”
State v. Easton, 373 P.3d 1225 (Lincoln Cty. Cir. Ct., O.R. 2016).
· cites it 2× “Nutt, 274 Or App 217, 220 , 360 P3d 636 (2015), rev den, 358 Or 551 (2016) (holding that ORS 153.633 does not authorize imposition of a financial obligation in addition to a fine).”
State v. Caro, 373 P.3d 1223 (Clackamas Cty. Cir. Ct., O.R. 2016).
“ORS 153.633(l)(b) simply directs that the first $60 of any fine imposed is payable to the state; here, the court did not impose any fines.”
— Or. Rev. Stat. § 153.633(1) — 2 cases
State v. Machado, 373 P.3d 1224 (Umatilla Cty. Cir. Ct., O.R. 2016).
“2 The state agrees, noting that ORS 153.633 “directs the first $60 of any fine imposed to go to the state, but it does not provide for the imposition of a separate $60 fee.”
State v. Easton, 373 P.3d 1225 (Lincoln Cty. Cir. Ct., O.R. 2016).
“Nutt, 274 Or App 217, 220 , 360 P3d 636 (2015), rev den, 358 Or 551 (2016) (holding that ORS 153.633 does not authorize imposition of a financial obligation in addition to a fine).”
— Or. Rev. Stat. § 153.633(l)(b) — 1 case
State v. Caro, 373 P.3d 1223 (Clackamas Cty. Cir. Ct., O.R. 2016).
“ORS 153.633(l)(b) simply directs that the first $60 of any fine imposed is payable to the state; here, the court did not impose any fines.”
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