Chapter 919 Oregon Laws 2001
AN ACT
SB 472
Relating to crime; creating
new provisions; and amending ORS 137.654 and 811.705.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 811.705 is amended to read:
811.705. (1) A person commits the offense of failure to
perform the duties of a driver to injured persons if the person is the driver
of any vehicle involved in an accident that results in injury or death to any
person and does not do all of the following:
(a) Immediately stop the vehicle at the scene of the
accident or as close thereto as possible. Every stop required under this
paragraph shall be made without obstructing traffic more than is necessary.
(b) Remain at the scene of the accident until the driver
has fulfilled all of the requirements under this subsection.
(c) Give to the other driver or surviving passenger or any
person not a passenger who is injured as a result of the accident the name and
address of the driver and the registration number of the vehicle that the
driver is driving and the name and address of any other occupants of the
vehicle.
(d) Upon request and if available, exhibit and give to the
persons injured or to the occupant of or person attending any vehicle damaged
the number of any document issued as official evidence of a grant of driving
privileges.
(e) Render to any person injured in the accident reasonable
assistance, including the conveying or the making of arrangements for the
conveying of such person to a physician, surgeon or hospital for medical or
surgical treatment, if it is apparent that such treatment is necessary or if
such conveying is requested by any injured person.
(f) Remain at the scene of an accident until a police
officer has arrived and has received the required information, if all persons
required to be given information under paragraph (c) of this subsection are
killed in the accident or are unconscious or otherwise incapable of receiving
the information. The requirement of this paragraph to remain at the scene of an
accident until a police officer arrives does not apply to a driver who needs
immediate medical care, who needs to leave the scene in order to secure medical
care for another person injured in the accident or who needs to leave the scene
in order to report the accident to the authorities, so long as the driver who
leaves takes reasonable steps to return to the scene or to contact the nearest
police agency.
(2)(a) Except as
otherwise provided in paragraph (b) of this subsection, the offense
described in this section, failure to perform the duties of a driver to injured
persons, is a Class C felony and is applicable on any premises open to the
public.
(b) Failure to
perform the duties of a driver to injured persons is a Class B felony if a
person suffers serious physical injury as defined in ORS 161.015 or dies as a
result of the accident.
SECTION 2.
The Oregon Criminal Justice Commission
shall classify the crime of failure to perform the duties of a driver to
injured persons as crime category 8 of the sentencing guidelines grid of the
commission if a person suffers serious physical injury as defined in ORS
161.015 or dies as a result of the accident that forms the basis of the
conviction.
SECTION 3.
(1) The Seventy-first Legislative
Assembly approves the adoption by the Oregon Criminal Justice Commission of OAR
213-017-0000, 213-017-0001, 213-017-0002, 213-017-0003, 213-017-0004,
213-017-0005, 213-017-0006, 213-017-0007, 213-017-0008, 213-017-0009,
213-017-0010, 213-017-0011, 213-018-0000, 213-018-0005, 213-018-0010, 213-018-0015,
213-018-0020, 213-018-0025, 213-018-0030, 213-018-0035, 213-018-0040,
213-018-0045, 213-018-0050, 213-018-0055, 213-018-0060, 213-018-0065,
213-018-0070, 213-018-0075, 213-018-0080, 213-018-0085, 213-019-0000,
213-019-0001, 213-019-0002, 213-019-0003 and 213-019-0004.
(2) The Seventy-first
Legislative Assembly approves the amendments by the Oregon Criminal Justice
Commission to OAR 213-001-0000, 213-001-0005, 213-003-0001 (14) to (16),
213-004-0002, 213-004-0009, 213-004-0010, 213-005-0001, 213-005-0002,
213-005-0004, 213-005-0007, 213-005-0008, 213-005-0011, 213-008-0003,
213-008-0005, 213-009-0002, 213-010-0002, 213-011-0003, 213-012-0010,
213-012-0020, 213-012-0030 and 213-013-0010.
SECTION 4.
ORS 137.654 is amended to read:
137.654. (1) There is established the Oregon Criminal
Justice Commission consisting of [seven
members appointed by] nine members.
The Governor shall appoint seven members
who are [,] subject to
confirmation by the Senate pursuant to section 4, Article III of the Oregon
Constitution. The President of the
Senate shall appoint one state Senator as a nonvoting member. The Speaker of
the House of Representatives shall appoint one state Representative as a
nonvoting member. Members serve at the pleasure of the [Governor] appointing authority. The Governor shall appoint members of the
commission consistent with the following:
(a) Members shall be appointed with consideration of the
different geographic regions of the state.
(b) Not more than four members may belong to the same
political party. Party affiliation is determined by the appropriate entry on
official election registration cards.
(2)(a) The term of office of each member is four years or until the end of a legislative member's
legislative term, whichever occurs first. Before the expiration of the term
of a member, the [Governor] appointing authority shall appoint a
successor whose term begins immediately upon the expiration of the term of the
current member. A member is eligible for reappointment but may serve no more
than two consecutive terms.
(b) In case of a vacancy for any cause, the [Governor] appointing authority shall appoint a person to fill the office for
the unexpired term. When a person is appointed under this paragraph, the
unexpired term may not be considered for purposes of the limitation to two
consecutive terms of service.
(3) The Governor shall appoint one of the commissioners as
chairperson, to serve at the pleasure of the Governor. The members of the
commission shall elect from among themselves a vice chairperson who shall
preside over meetings and exercise the functions of the chairperson during
absence or disability of the chairperson. The chairperson and vice chairperson
shall execute the duties determined by the commission to be necessary.
(4) The chairperson shall appoint one member, subject to
the approval of the commission, to serve on an executive committee with the
chairperson and vice chairperson. The executive committee may exercise the
powers and responsibilities of the commission between meetings of the
commission. All action taken by the executive committee not previously
authorized must be submitted to the commission for approval at the next regular
or special meeting.
(5) A majority of the voting
members of the commission constitutes a quorum for the transaction of business.
(6) The commission shall meet at least once a month, at a
time and place determined by the commission. The commission shall also meet at
such other times and places as are specified by the call of the chairperson. If
a majority of members, in writing, request a special meeting, the chairperson
shall designate a time for a special meeting as requested.
(7) The Governor shall appoint an executive director for
the commission who shall be in the exempt service and who shall be responsible
for the performance of duties assigned by the commission. Subject to the State
Personnel Relations Law, the executive director may employ appropriate staff to
carry out the duties assigned by the commission.
(8) Members of the commission are entitled to expenses as
provided in ORS 292.495. Subject to the availability of funds, members of a
committee established under ORS 137.658 who are not commission members may be
reimbursed for actual and necessary travel and other expenses incurred by them
in the performance of their official duties, subject to ORS 292.495 (2). Any
legislative members are entitled to payment of compensation and expense
reimbursement under ORS 171.072, payable from funds appropriated to the
Legislative Assembly.
(9) The commission is subject to the provisions of ORS
291.201 to 291.222 and 291.232 to 291.260.
(10) The commission shall consult with and seek advice and
counsel of the Chief Justice of the Supreme Court and the State Court
Administrator on any matter that impacts the operation of the courts. The Chief
Justice may have a representative participate in any meeting of the commission.
Approved by the Governor
August 3, 2001
Filed in the office of
Secretary of State August 6, 2001
Effective date January 1,
2002
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