Chapter 494 Oregon Laws 2001

AN ACT

SB 432

Relating to habitual traffic offenders; creating new provisions; amending ORS 809.600 and 809.610; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 809.600 is amended to read:

809.600. This section establishes the number and kind of offenses necessary to revoke the driving privileges of a person as a habitual offender under ORS 809.640. The number and kind of offenses necessary to revoke driving privileges as a habitual offender are as follows:

(1) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of three or more of any one or more of the following offenses as evidenced by the records maintained by the Department of Transportation or by the records of a similar agency of another state:

(a) Any degree of murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.

(b) Driving while under the influence of intoxicants under ORS 813.010.

(d) Reckless driving under ORS 811.140.

(e) Failure to perform the duties of a driver under ORS 811.700 or 811.705.

(f) Fleeing or attempting to elude a police officer under ORS 811.540.

(2) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of 20 or more of any one or more of the following offenses as evidenced by the records maintained by the department or by a similar agency of another state:

(a) Any offenses enumerated in subsection (1) of this section.

(b) Any offense [under ORS 811.010 to 811.050, 811.100, 811.112 to 811.135, 811.123, 811.145 to 811.170, 811.175, 811.190 to 811.205, 811.260 to 811.390, 811.400 to 811.435, 811.445, 811.455, 811.460, 811.470 to 811.485, 811.495 to 811.510, 811.515 (1), (2), (6) and (12), 811.535, 811.565, 811.710, 814.130, 814.150, 814.200 to 814.220, 814.250, 814.320, 815.232, 815.270, 820.220 or 820.320] specified in the rules of the department adopted under section 3 of this 2001 Act.

(3) A person’s driving privileges shall not be revoked under subsection (2) of this section until the person’s 21st conviction within a five-year period when the 20th conviction occurs after a lapse of two years or more from the last preceding conviction.

(4) The offenses described under this section include any of the following:

(a) Any violation of a traffic ordinance of a city, municipal or quasi-municipal corporation that substantially conforms to offenses described under this section.

(b) Any violation of offenses under any federal law or any law of another state, including subdivisions thereof, that substantially conforms to offenses described in this section.

SECTION 2. Section 3 of this 2001 Act is added to and made a part of ORS 809.600 to 809.660.

SECTION 3. The Department of Transportation shall adopt rules specifying which traffic offenses count for the purpose of determining that a person is a habitual offender under ORS 809.600 (2) because the person has been convicted of 20 or more traffic offenses.

SECTION 4. (1) Section 3 of this 2001 Act and the amendments to ORS 809.600 by section 1 of this 2001 Act become operative on January 1, 2002.

(2) Prior to the operative date of section 3 of this 2001 Act, the Department of Transportation shall adopt rules required by section 3 of this 2001 Act.

SECTION 5. (1) A conviction obtained prior to the operative date of the amendments to ORS 809.600 (2) by section 1 of this 2001 Act, for an offense specified in ORS 809.600 (2) (1999 Edition) that is not an offense specified in rules of the Department of Transportation adopted under section 3 of this 2001 Act, shall be considered one of the 20 or more convictions required for habitual offender status under the same circumstances the conviction would have been considered if ORS 809.600 (2) had not been amended by section 1 of this 2001 Act.

(2) A conviction obtained prior to the operative date of section 3 of this 2001 Act for an offense that is determined by the department by rule under section 3 of this 2001 Act to count for the purpose of determining habitual offender status, but that is not an offense listed in ORS 809.600 (2) (1999 Edition), shall not be considered one of the 20 or more convictions required for habitual offender status.

SECTION 6. ORS 809.610 is amended to read:

809.610. (1) When the Department of Transportation receives an abstract of the conviction, under ORS 810.375, and the conviction is the second one of those described by ORS 809.600 (1) for the person or the 19th of those described by ORS 809.600 (2) for the person, the department [immediately shall attempt to notify the licensee and offer the licensee an opportunity of an advisory meeting with a representative of the department. The notice shall be accomplished by mailing the notice by first class mail.]

[(2) If the licensee requests a meeting under subsection (1) of this section, the meeting shall be held in the county wherein the licensee resides. At the meeting, the department shall advise the licensee of the provisions of the Habitual Traffic Offenders Act and of the availability of educational programs for driver improvement.] may restrict the person’s driving privileges and shall send the person notice of the restrictions by first class mail.

(2) A person notified under subsection (1) of this section of restrictions placed on the person’s driving privileges may request a meeting with a representative of the department to determine whether the restrictions may be lifted.

SECTION 7. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on July 1, 2001.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date July 1, 2001

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