(2) A violations clerk may exercise authority over any violation. A justice or municipal court establishing a Violations Bureau shall by order specify the violations that are subject to the authority of the violations clerk.
(3) Except as provided in subsection (6) of this section, the violations clerk shall accept:
(a) Written appearance, 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.
(4)(a) Courts other than circuit courts shall establish schedules, within the limits prescribed by law, of the amounts of penalties to be imposed for first, second and subsequent violations, designating each violation specifically or by class. The order of the court establishing the schedules shall be prominently posted in the place where penalties established under the schedule are paid.
(b) The Chief Justice of the Supreme Court shall establish a uniform fine schedule for violations prosecuted in circuit courts. The schedule must specify the violations that are subject to the authority of the violations clerk.
(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.
(5) Any 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, 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.
(6) 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 court, by general order applying to certain specified offenses, permits such appearance.
(7) A circuit court may use a Central Violations Bureau established under ORS 153.806 in addition to establishing and operating a Violations Bureau under this section, and may delegate to the State Court Administrator the authority to designate appropriate persons to act as violations clerks for the Central Violations Bureau. [1995 c.292 §1; 1997 c.801 §149; 1999 c.59 §30; 1999 c.1051 §130; 2011 c.597 §149; 2012 c.89 §8; 2019 c.60 §5]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 153 - Violations and Fines
Section 153.005 - Definitions.
Section 153.008 - Violations described.
Section 153.012 - Violation categories.
Section 153.015 - Unclassified and specific fine violations.
Section 153.018 - Maximum fines.
Section 153.019 - Presumptive fines; generally.
Section 153.020 - Presumptive fines; highway work zones, school zones and safety corridors.
Section 153.021 - Minimum fines; audit of court.
Section 153.030 - Applicability; statute of limitations.
Section 153.039 - Stop and detention for violation.
Section 153.042 - Citations generally; issuance.
Section 153.043 - Citations for Class E violations; issuance.
Section 153.045 - Citation; requirements.
Section 153.048 - Complaint; requirements.
Section 153.051 - Summons; requirements.
Section 153.058 - Initiation of violation proceeding by private party.
Section 153.061 - Appearance by defendant.
Section 153.062 - Class E violation proceedings.
Section 153.064 - Warrant for arrest upon failure to appear.
Section 153.076 - Conduct of trial.
Section 153.080 - Testimony by affidavit or declaration.
Section 153.083 - Role of peace officer.
Section 153.090 - Provisions of judgment.
Section 153.096 - Suspension of fine in certain cases.
Section 153.099 - Entry; nondefault cases.
Section 153.102 - Entry; default cases.
Section 153.108 - Effect of judgment.
Section 153.111 - Distribution of abstracts of convictions.
Section 153.535 - Delivery of summons for certain traffic offenses.
Section 153.633 - Distribution to state.
Section 153.640 - Disposition of fines for traffic offenses; circuit court.
Section 153.645 - Disposition of fines for traffic offenses; justice court.
Section 153.650 - Disposition of fines for traffic offenses; municipal court.
Section 153.655 - Disposition of fines for mass transit district ordinance violations.
Section 153.657 - Disposition of fines for violations of homeschooled student requirements.
Section 153.660 - Use of amounts paid to county treasurer.
Section 153.675 - Disposition of amounts payable to state and local governments.
Section 153.770 - Electronic filing of citation for offenses subject to written uniform citation.
Section 153.800 - Violations Bureau established by court; uniform fine schedule.
Section 153.806 - Central Violations Bureau; rules.
Section 153.820 - Special procedures for parking violations in Multnomah County.