153.992���� Penalty for failure to appear VIOLATIONS (Generally) ����� 153.005 Definitions. As used in this chapter: ����� (1) �Enforcement officer� means: ����� (a) A member of the Oreg

153.992���� Penalty for failure to appear

VIOLATIONS

(Generally)

����� 153.005 Definitions. As used in this chapter:

����� (1) �Enforcement officer� means:

����� (a) A member of the Oregon State Police.

����� (b) A sheriff or deputy sheriff.

����� (c) A city marshal or a member of the police of a city, municipal or quasi-municipal corporation.

����� (d) A police officer commissioned by a university under ORS 352.121 or 353.125.

����� (e) An investigator of a district attorney�s office if the investigator is or has been certified as a peace officer in this or any other state.

����� (f) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon.

����� (g) A Port of Portland peace officer.

����� (h) A humane special agent as defined in ORS 181A.345.

����� (i) A regulatory specialist exercising authority described in ORS 471.775 (2).

����� (j) An authorized tribal police officer as defined in ORS 181A.940.

����� (k) Any other person specifically authorized by law to issue citations for the commission of violations.

����� (2) �Traffic offense� has the meaning given that term in ORS 801.555.

����� (3) �Violation� means an offense described in ORS 153.008.

����� (4) �Violation proceeding� means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation. [1999 c.1051 �2; 2007 c.71 �44; 2009 c.299 �3; 2011 c.506 �20; 2011 c.644 ��22,45; 2012 c.54 ��14,15; 2012 c.67 ��7,8; 2013 c.180 �21,22; 2015 c.174 �10; 2015 c.614 ��145,146]

����� 153.008 Violations described. (1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply:

����� (a) The offense is designated as a violation in the statute defining the offense.

����� (b) The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

����� (c) The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

����� (d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566.

����� (e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.

����� (2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [1999 c.1051 �3]

����� 153.012 Violation categories. Violations are classified for the purpose of sentencing into the following categories:

����� (1) Class A violations.

����� (2) Class B violations.

����� (3) Class C violations.

����� (4) Class D violations.

����� (5) Unclassified violations as described in ORS 153.015.

����� (6) Specific fine violations as described in ORS 153.015. [1999 c.1051 �4; 2021 c.2 �18: 2021 c.591 �11; 2024 c.70 �59]

����� 153.015 Unclassified and specific fine violations. (1) An offense described in the Oregon Revised Statutes that is designated as a violation but does not specify the classification of the violation is an unclassified violation. An unclassified violation is a Class B violation.

����� (2) A specific fine violation is any offense described in the Oregon Revised Statutes that is designated as a specific fine violation or:

����� (a) Is not designated as a crime or as a class A, B, C or D violation;

����� (b) Is not punishable by a term of imprisonment as a penalty for committing the offense; and

����� (c) Is punishable by a specific fine as the penalty for committing the offense. [1999 c.1051 �5; 2011 c.597 �6a]

����� 153.018 Maximum fines. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

����� (2) Except as otherwise provided by law, the maximum fine for a violation committed by an individual is:

����� (a) $2,000 for a Class A violation.

����� (b) $1,000 for a Class B violation.

����� (c) $500 for a Class C violation.

����� (d) $250 for a Class D violation.

����� (e) $2,000 for a specific fine violation, or the maximum amount otherwise established by law for the specific fine violation.

����� (3) If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation. Except as otherwise provided by law, if a special corporate fine is not specified in the law creating the violation, the maximum fine for a violation committed by a corporation is:

����� (a) $4,000 for a Class A violation.

����� (b) $2,000 for a Class B violation.

����� (c) $1,000 for a Class C violation.

����� (d) $500 for a Class D violation. [1999 c.1051 �6; 2003 c.737 �103; 2011 c.597 �7; 2021 c.2 �19; 2021 c.591 �12; 2024 c.70 �60]

����� 153.019 Presumptive fines; generally. (1) Except as provided in ORS 153.020, the presumptive fines for violations are:

����� (a) $440 for a Class A violation.

����� (b) $265 for a Class B violation.

����� (c) $165 for a Class C violation.

����� (d) $115 for a Class D violation.

����� (2) The presumptive fine for a specific fine violation is:

����� (a) The amount specified by statute as the presumptive fine for the violation; or

����� (b) An amount equal to the greater of 20 percent of the maximum fine prescribed for the violation, or the minimum fine prescribed by statute for the violation.

����� (3) Any surcharge imposed under ORS 1.188 shall be added to and made a part of the presumptive fine. [2011 c.597 �2; 2016 c.78 �3; 2017 c.712 �1; 2021 c.591 �13; 2024 c.70 �61]

����� 153.020 Presumptive fines; highway work zones, school zones and safety corridors. (1) If a person is charged with a traffic violation, as defined in ORS 801.557, and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230, occurred in a posted school zone and is subject to the provisions of ORS 811.235, or occurred in a safety corridor and is subject to the provisions of ORS 810.045 or 811.483, the presumptive fine for the violation is:

����� (a) $875 for a Class A violation.

����� (b) $525 for a Class B violation.

����� (c) $325 for a Class C violation.

����� (d) $225 for a Class D violation.

����� (2) Any surcharge imposed under ORS 1.188 shall be added to and made a part of the presumptive fine. [2011 c.597 �3; 2012 c.89 �10; 2016 c.78 �4; 2017 c.712 �2; 2019 c.501 ��3,4; 2025 c.5 ��3,4]

����� 153.021 Minimum fines; waiver; audit of court. (1) Unless a specific minimum fine is prescribed for a violation, and except as otherwise provided by law, the minimum fine a court shall impose for a violation that is subject to the presumptive fines established by ORS 153.019 (1) or 153.020 are as follows:

����� (a) $225 for a Class A violation.

����� (b) $135 for a Class B violation.

����� (c) $85 for a Class C violation.

����� (d) $65 for a Class D violation.

����� (2) Notwithstanding subsection (1) of this section, a court may waive payment of the minimum fine described in this section, in whole or in part, if the court determines that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

����� (a) The financial resources of the defendant and the burden that payment of the minimum fine would impose, with due regard to the other obligations of the defendant; and

����� (b) The extent to which that burden could be alleviated by allowing the defendant to pay the fine in installments or subject to other conditions set by the court.

����� (3) This section does not affect the manner in which a court imposes or reduces monetary obligations other than fines.

����� (4) The Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of this section. In addition, the Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of ORS