Oregon Statutes 137.149 – Level I obligations in circuit court judgments
(1) There are two types of Level I obligations in criminal judgments entered in circuit courts:
Terms Used In Oregon Statutes 137.149
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Type 1 obligations include compensatory fines imposed pursuant to ORS § 137.101.
(b) Type 2 obligations include awards of restitution as defined in ORS § 137.103, awards of restitution under ORS § 419C.450 and money awards made under ORS § 811.706.
(2) If a judgment contains both types of Level I obligations, the circuit court shall apply amounts creditable to Type 1 obligations until paid in full. All subsequent amounts creditable to Level I obligations shall be applied against Type 2 obligations until paid in full.
(3) If there is more than one person for whose benefit a Type 2 money award has been made, the circuit court shall pay the moneys credited to Type 2 obligations in the following order of priority:
(a) If the judgment contains a money award payable to the person or persons against whom the defendant committed the offense, the court shall first pay all moneys credited to Type 2 obligations to those persons, and shall continue to do so until all those obligations are paid in full. If there is more than one person to whom an obligation is payable under this paragraph, the court shall divide each payment under this paragraph based on each person’s proportionate share of the total amount of obligations subject to payment under this paragraph.
(b) If the judgment contains a money award payable to the Criminal Injuries Compensation Account, the court shall thereafter transfer moneys credited to Type 2 obligations to the account until the award is paid in full.
(c) If the judgment contains a money award payable to any other victims, as defined in ORS § 137.103, the court shall thereafter pay the moneys credited to Type 2 obligations to those victims until those victims are paid in full. [Formerly 137.291; 2022 c.57 § 5]
[Amended by 1959 c.530 § 1; 1969 c.511 § 2; repealed by 1971 c.743 § 432]