ORS 137.101: Compensatory fine.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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)
Administrative rules citing this section
- OAR 255-065-0005: When Restitution, Fines and Fees are Ordered: Payment Schedule — implements
- OAR 255-065-0005: When Restitution, Fines and Fees are Ordered: Payment Schedule — authority
- OAR 255-065-0015: Supervision of Payments: Conditions; Default; Effect on Discharge — authority
- OAR 255-065-0020: Establishment of Supervision Fees: Criteria, Disbursement of Fees — authority
This rule cites
- ORS 137.103 — resolved
- 137.109 — resolved
Cited by
- UTCR 4.120: MOTIONS TO REDUCE OR MODIFY OUTSTANDING COURT-ORDERED
- ORS 105.643: When disclaimer barred or limited.
- ORS 137.103: Definitions for ORS 137.101 to 137.109.
- ORS 137.149: Level I obligations in circuit court judgments.
- ORS 137.151: Level I obligations in local court judgments.
- ORS 144.089: Community service exchange programs.
- ORS 144.275: Parole of adults in custody sentenced to pay compensatory fines or make restitution; schedule of payments.
- ORS 238.447: Execution or assignment of benefits to collect restitution or compensatory fine for felony.
- ORS 423.105: Payment of court-ordered financial obligations; rules.
- OAR 255-065-0005: When Restitution, Fines and Fees are Ordered: Payment Schedule
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors137.html