71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1180-1
 
                         House Bill 2424
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Lane
  Shetterly for Judicial Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes requirements for uniform citation forms for
purposes of citing violations and certain crimes. Eliminates
requirement that Supreme Court adopt uniform citation forms.
 
                        A BILL FOR AN ACT
Relating to citations; creating new provisions; and amending ORS
  1.525, 133.066, 137.073, 153.045, 153.048, 153.770 and 339.925.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Definitions. As used in sections 1 to 15 of
this 2001 Act:
  (1) 'Enforcement officer' has the meaning given that term in
ORS 153.005.
  (2) 'Law enforcement agency' means a public body, as defined in
ORS 192.410, that employs enforcement officers. + }
  SECTION 2.  { + Uniform citation forms generally. (1) The
uniform citation forms provided in sections 1 to 15 of this 2001
Act may be used in circuit courts, municipal courts and justice
courts to initiate prosecution of all offenses for which the use
of a citation is authorized by law.
  (2) A law enforcement agency must obtain uniform citation forms
that comply with the requirements of sections 1 to 15 of this
2001 Act for use by enforcement officers employed by the agency.
  (3) Sections 1 to 15 of this 2001 Act do not create any
requirements for the sufficiency of complaints, citations,
abstracts, judgments, summonses or records in prosecutions for
offenses. Law enforcement agencies shall ensure that the forms
provided by sections 1 to 15 of this 2001 Act are appropriately
modified if changes in the substantive law governing offenses
require those modifications. A court shall not dismiss any
complaint by reason of the requirements of sections 1 to 15 of
this 2001 Act as long as the citation form substantially complies
with the requirements of sections 1 to 15 of this 2001 Act.
  (4) The uniform citation forms provided in sections 1 to 15 of
this 2001 Act need not be used for:
  (a) Offenses created by ordinance or agency rule governing
parking of vehicles; or
  (b) Offenses created by the ordinances of political
subdivisions. + }
 
  SECTION 3.  { + Contents of uniform citation forms. (1) A
uniform citation form must have at least the following four
pages:
  (a) A complaint page. The complaint page is filed in the court
in which the defendant is required to appear. The complaint page
is the official court record that a complaint has been made or
may be made. The court may use the back of the complaint page as
a record of events relating to the case or as the judgment in the
case. The front of the complaint page contains the language of
the complaint, as provided in section 6 of this 2001 Act. If the
citation is for a crime and no complaint is included in the
citation, the front of the complaint page contains the language
provided in section 10 of this 2001 Act. The back of the
complaint page contains the language required by section 7 (2) of
this 2001 Act.
  (b) An abstract page. The abstract page is filed in the court
along with the complaint page. The court may use the abstract
page when a copy of the abstract must be forwarded to a state
agency under ORS 153.111. The front and back of the abstract page
are identical to the front and the back of the complaint page,
except for the label required by section 7 (1) of this 2001 Act.
  (c) A summons page. The summons page is delivered to the
defendant to provide the defendant with information about the
offense for which the defendant has been cited and about the
defendant's rights and options. The summons page also provides
the defendant with a copy of the complaint if the citation
contains the complaint. The front of the summons page is
identical to the front of the complaint page, except for the
label required by section 8 (1) of this 2001 Act. The back of the
summons page contains the language required by section 8 of this
2001 Act. If the citation is for a crime and no complaint is
included in the citation, the back of the summons page contains
the language provided in ORS 133.068 (7).
  (d) An officer notes page. The officer notes page is retained
by the issuing enforcement officer for the records of the
enforcement officer and the law enforcement agency. The officer
notes page may include information about the cited offense. The
officer notes page may be used as the enforcement officer's
affidavit for the purposes of ORS 153.080. The front of the
officer notes page is identical to the front of the complaint
page, except for the label required by section 9 (1) of this 2001
Act. The back of the officer notes page contains the language
required by section 9 of this 2001 Act.
  (2) A law enforcement agency may add additional pages to a
uniform citation form for the agency's own purposes. + }
  SECTION 4.  { + Appearance of uniform citation forms. (1) Each
page of the uniform citation form described in section 3 of this
2001 Act must measure eight inches by five inches. The complaint
page must be the first page, followed in order by the abstract
page, the summons page and the officer notes page. Except for the
label that indicates whether the page is the complaint page, the
abstract page, the summons page or the officer notes page, the
front of each of the four required pages must be the same, and
must be arranged so that information entered on the front of the
complaint page is duplicated on the front of the other three
pages. If a law enforcement agency has added additional pages to
the uniform citation form under section 3 (2) of this 2001 Act,
the additional pages must be placed after the officer notes page.
  (2) Uniform citation forms must be printed on paper that does
not allow ink to bleed through from front to back. Persons using
a uniform citation form must be able to photocopy either side of
a page without the copy showing print from the other side of the
page.
  (3) All printed text in a uniform citation form must be at
least seven-point type and at least 90 percent of all printed
text in a uniform citation form must be eight-point type or
larger. The boxes appearing in a uniform citation form must be
discrete and clearly distinguished from the other information
appearing on each page.
  (4) A uniform citation form may be modified to provide space
for additional information and to accommodate printing of the
citation by a computer printer or other printing device. A
uniform citation form that is modified under the provisions of
this subsection must meet all requirements of sections 1 to 15 of
this 2001 Act.
  (5) Nothing in sections 1 to 15 of this 2001 Act limits the
ability of law enforcement agencies to work together in
developing and printing one or more uniform citation forms that
may be used by all of those agencies.
  (6) Any modifications made to a uniform citation form under
this section must be done in a manner that does not render the
information on the form unreadable and that allows sufficient
room for the information described in sections 1 to 15 of this
2001 Act. + }
 
                               { +
BASIC CITATION (WITH COMPLAINT) + }
 
  SECTION 5.  { + Basic uniform citation form. The basic uniform
citation form provided for in sections 6, 7, 8 and 9 of this 2001
Act contains the complaint and may be used to cite a person for a
violation, or to cite a person for a crime if issuance of a
citation with a complaint has been authorized under ORS 133.066.
As provided in ORS 133.066 (5) and 153.045 (2), more than one
violation may be charged on the same citation but a single
citation may not be issued for both a violation and a crime. + }
  SECTION 6.  { +  Basic uniform citation form; Complaint page.
(1) On the front of the complaint page of the basic uniform
citation form there must appear a label indicating that the page
is the complaint page.
  (2) In addition to the label described in subsection (1) of
this section, the following information must appear on the front
of the complaint page:
  (a) At the top of the page, a title that reads: 'Oregon Uniform
Citation and Complaint. '
  (b) Below the title, a statement that the citation form may be
used when a separate complaint will not be filed later and a
citation to ORS 133.069 and 153.045.
  (c) Below the statement required by paragraph (b) of this
subsection, space to indicate whether the citation is issued for
a traffic offense, wildlife offense, boating offense, commercial
fishing offense or other offense and space to allow the
enforcement officer to indicate one of the following:
  (A) That the citation is issued for a crime or crimes, and a
direction to the defendant to follow the instructions for
criminal complaints that appear on the back of the summons page;
or
  (B) That the citation is issued for a violation or violations,
and a direction to the defendant to follow the instructions for
complaints of violations that appear on the back of the summons
page.
  (d) Below the space required by paragraph (c) of this
subsection, a court caption indicating in which court the
citation will be filed. The caption must reflect that the
complaint is made in the name of the State of Oregon, and must
include space for the name of the city or other public body under
whose authority the citation is issued, the name of the county in
which the cited offense is alleged to have occurred and a docket
number.
  (e) Below the docket number required by paragraph (d) of this
subsection, check boxes to allow the enforcement officer to
 
indicate whether the citation will be filed in the juvenile,
municipal, justice or circuit court.
  (f) Below the caption required by paragraph (d) of this
subsection, a box with space to allow entry of the following
information relating to the defendant's identity:
  (A) The defendant's name, including a first and last name and
middle initial if the person uses a middle initial. If the
defendant is a corporation or other legal entity other than an
individual, the business name of the defendant.
  (B) The business form of any defendant that is not an
individual.
  (C) The address and telephone number of the defendant,
including street address, city, state and zip code.
  (D) The sex, race, date of birth, height, weight, hair color
and eye color of a defendant who is an individual.
  (E) The type of identification from which the enforcement
officer obtained any information, and any official number shown
on the identification submitted to the enforcement officer.
  (F) Whether the defendant is the driver of or passenger in a
motor vehicle. If the defendant is the driver of or passenger in
a motor vehicle, the box must provide space to enter the license
class of any license issued to the defendant and to note whether
the defendant is employed to drive.
  (g) Below the box required by paragraph (f) of this subsection,
a box with space to allow entry of the following information
about the time and place of the cited offense:
  (A) The month, day, year and time, including a.m. or p.m., of
the cited offense.
  (B) A description of the location where the cited offense
occurred.
  (C) Whether the cited offense occurred on a highway, premises
open to the public, or at some other location that is significant
to the cited offense.
  (D) Other information about the location that is relevant to
the base fine amount under ORS 153.131.
  (h) Below the box required by paragraph (g) of this subsection,
a box with space to allow entry of the following information
relevant to the cited offense:
  (A) Weapons, drugs, vehicles, airplanes, boats or similar
vehicles or objects relevant to the cited offense.
  (B) The year, make, model, style and color of any vehicle
relevant to the cited offense, and whether any such vehicle is a
commercial vehicle.
  (C) Whether the defendant is the registered owner of any
vehicle relevant to the cited offense.
  (D) Any official registration, vehicle identification number or
other similar official identification used to identify any
vehicle or other object described in subparagraph (A) of this
paragraph, including the state that issued such identification.
  (E) Whether hazardous materials were involved in the cited
offense.
  (F) Any information relevant to the base fine amount under ORS
153.128.
  (i)(A) Below the box required by paragraph (h) of this
subsection, a box with space to allow entry of information about
the specific offense or offenses cited. Space may be provided in
the box for up to three cited offenses. The number of offenses
provided for may not exceed the number of spaces provided on the
back of the complaint page for the court to indicate the
disposition of each charge. The space provided for each cited
offense must include a specific place for the enforcement officer
to enter a citation to the statute, ordinance, rule or order that
is the basis of the charge and a specific place for the
enforcement officer to enter a separate base fine amount for each
cited offense.
 
  (B) At least one of the spaces provided for cited offenses
under this paragraph must have space for entry of information
about speeding offenses, including the information required by
ORS 153.530, whether the charge is for violation of a posted
limit or violation of the basic rule, and whether the speed was
tracked by radar, pace, laser or some other method.
  (C) The box required by this paragraph must have space for
entry of information on the conditions that give rise to an
increased base fine amount under ORS 153.131 or other law, other
than the information provided in the box required by paragraph
(g) of this subsection.
  (D) The box required by this paragraph may have space to
indicate any culpable mental state required for the purposes of
ORS 496.992 or for the use of the prosecutor or law enforcement
agency.
  (j) Below the box required by paragraph (i) of this subsection,
a box with space to allow entry of such additional information as
the enforcement officer may wish to record, including the
signature of the person cited and the names of witnesses. This
box may be used to record the information required by ORS 133.068
(5) and (6).
  (k) Below the box required by paragraph (j) of this subsection,
a box with space to allow entry of information about the
enforcement officer. This box must include:
  (A) The certification language meeting the requirements of ORS
153.045 (5). The following language may be used for the purposes
of this subparagraph: 'Under the penalties for false swearing, I
certify, swear and affirm pursuant to ORS 153.045 and 153.990 and
other applicable law that I have sufficient grounds to believe,
and do believe, that the defendant named in this citation
committed the offense described in this citation, and that I have
served the defendant with this complaint. '
  (B) A place for the enforcement officer to sign the
certification, for printing the officer's name, for entering the
officer's identification number and for entering the law
enforcement agency identification number.
  (C) A place for printing the name, official identification
number and agency identification number of a second enforcement
officer, if any, who was involved in citing the offense.
  (D) A space for recording the information required by ORS
133.068 (5) and (6), unless that information is entered in the
box required by paragraph (j) of this subsection.
  (L) Below the box required by paragraph (k) of this subsection,
a box with space to allow entry of information about the date,
time and location of the defendant's appearance in court.
  (m) Along the right side of the page, a vertical box. At the
top of the box, the word 'complaint' must be printed vertically
and a space must be provided for an identifying number for the
citation. Immediately below this space must be two other spaces
for administrative use by the prosecuting attorney and by the
court. + }
  SECTION 7.  { + Basic uniform citation form; Abstract page. (1)
On the front of the abstract page of the basic uniform citation
form there must appear a label indicating that the page is the
abstract page.
  (2) The following information must appear on the back of the
abstract page of the basic uniform citation form:
  (a) At the top of the page, a box for the court to enter
information, notes and dates that relate to the case initiated by
the citation. The space provided in this box must allow the
recording of information that is necessary to reflect the
progress of the case, to schedule hearings in the case, and to
record information necessary to show compliance with laws
governing the rights of defendants in prosecutions for offenses.
The space provided in the box must be adequate to meet the needs
 
of courts that do not keep records of the proceeding other than
the abstract.
  (b) Within the box required by paragraph (a) of this
subsection, space for entry of information relating to:
  (A) Whether a reduction of the level of an offense has been
ordered under ORS 161.566 or 161.568;
  (B) Whether a conditional plea is entered under ORS 135.355;
  (C) Whether the defendant was represented by an attorney or
whether that right was waived, the name of any attorney that
represented the defendant, and a bar number or other information
identifying the attorney; and
  (D) If information about the record in the case is maintained
separately from the abstract, where that information is
maintained.
  (c) Below the box required by paragraph (a) of this subsection,
a box for a form of judgment. The box must be clearly labeled as
the judgment of the court and must be preceded by a statement
indicating that the court may need to deliver a copy of the
abstract in the manner required by ORS 153.111. The box must have
space for entry of all of the following:
  (A) All information necessary to meet the requirements for a
money judgment adopted under subsection (4) of this section.
  (B) The court's disposition and determination of the case.
  (C) All requirements for a money judgment for each offense
cited on the front of the citation.
  (D) A statement on whether the court has ordered a deferred
sentence under ORS 137.533.
  (E) A statement on whether the provisions or ORS 153.090 (4)
apply in the case.
  (F) A statement on whether the judgment in the case or any
terms of the judgment do not appear in the abstract, and if so
where the judgment or terms appear.
  (G) For the purposes of any speeding offense, the court's
determination about the speed at which the defendant was driving.
  (H) Any other requirement for a judgment of a conviction
established by law.
  (3) The box required by subsection (2)(a) of this section may
include space for entry of information relating to:
  (a) Whether the case was handled by the court or a violations
bureau;
  (b) Whether disposition of the case is based on a written
appearance or a personal appearance by the defendant;
  (c) The date the complaint was filed;
  (d) The date any written appearance by the defendant was
received;
  (e) The date the defendant was arraigned if the defendant
appeared personally;
  (f) Any security release amount set for a criminal charge, and
the receipt number for that deposit;
  (g) Whether a court or jury trial is requested or waived;
  (h) The date any statement of rights required by law was given
to the defendant;
  (i) Whether the court has ordered an arrest warrant issued for
the defendant, and if so the date the warrant was issued;
  (j) Whether any diversion agreement was entered into; and
  (k) The initials of persons entering information on the
abstract.
  (4) The Chief Justice of the Supreme Court shall by rules
adopted under ORS 1.002 establish requirements for the money
judgment portion of an abstract that apply to all basic uniform
citations. Requirements established under this subsection shall
take into consideration the requirements of ORS 137.071 for a
money judgment in cases that are not initiated by citation. + }
  SECTION 8.  { + Basic uniform citation form; Summons page. (1)
On the front of the summons page of the basic uniform citation
 
form there must appear a label indicating that the page is the
summons page.
  (2) The following information must appear on the back of the
summons page of the basic uniform citation form:
  (a) At the top of the page, the following statement: 'This
citation and complaint will be filed in the court indicated on
the front of this summons. Read the following information
carefully. '
  (b) Below the statement required by paragraph (a) of this
subsection, a box containing the following statement: 'If the
front of this citation indicates that you have been charged with
a crime, you must appear in court at the time and place specified
on the front of this citation. '
  (c) Below the box required by paragraph (b) of this subsection,
a box containing language that notifies the defendant of the
defendant's options in responding to the citation under ORS
153.061 and 153.080, and the effect of choosing one of those
options. The box shall have three separate spaces to allow the
defendant to execute a written appearance under one of the three
options described by ORS 153.061 (2) by signing and dating the
option on the citation form.
  (d) Below the box required by paragraph (c) of this subsection,
a box containing language that notifies the defendant:
  (A) That the court may require the personal appearance of the
defendant in any case;
  (B) That any written appearance must reach the court before the
time indicated on the summons; and
  (C) That the defendant must notify the court and the
prosecuting attorney in advance if the defendant will be
represented by an attorney.
  (e) Below the box required by paragraph (d) of this subsection,
a box containing language that warns the defendant:
  (A) That the court may issue a warrant for the arrest of the
defendant if the defendant fails to follow the instructions in
the summons;
  (B) That the court may enter a default judgment against the
defendant if the defendant fails to appear as required by the
summons, and that the amount of judgment may be for the maximum
fine allowed for the offense plus all assessments and other
costs; and
  (C) That for traffic offenses, failure to follow the
instructions in the summons may result in the loss of driving
privileges.
  (f) Below the box required by paragraph (e) of this subsection,
a box containing the address to which correspondence and written
appearances may be sent in response to the citation, and a
statement about how to make payable checks or money orders
submitted with any written appearance. + }
  SECTION 9.  { + Basic uniform citation form; Officer notes
page.  (1) On the front of the officer notes page of the basic
uniform citation form there must appear a label indicating that
the page is the officer notes page.
  (2) The following information must appear on the back of the
officer notes page of the basic uniform citation form:
  (a) At the top of the page, a box for the entry of the
enforcement officer's notes and drawings relating to the
defendant and the cited offense.
  (b) Below the box required by paragraph (a) of this subsection,
a box for the taking of two of the defendant's fingerprints. The
box must contain check boxes to allow the enforcement officer to
indicate from which fingers the prints are taken.
  (c) Below the box required by paragraph (b) of this subsection,
a box that provides space for the enforcement officer to enter
information about conditions relevant to the cited offense. Space
must be provided in this box for information related to:
 
  (A) General traffic conditions, the road surface, the amount of
traffic and visibility;
  (B) Whether the incident occurred at an intersection and, if
so, the type of intersection;
  (C) Whether the cited offense was committed in a business,
school or residential area; and
  (D) Other conditions relevant to the cited offense.
  (d) Below the box required by paragraph (c) of this subsection,
a box with space for the enforcement officer to swear to the
facts recorded in the officer's notes for the purpose of using
the officer's notes as testimony by affidavit under ORS 153.080
and for other purposes as allowed by law. Additional space shall
be provided in the box for notarial acknowledgement of the sworn
statement. + }
 
                               { +
CRIMINAL CITATION (SEPARATE COMPLAINT) + }
 
  SECTION 10.  { + Uniform criminal citation form (separate
complaint). (1) A uniform criminal citation form must be used to
cite a person for a crime when the enforcement officer has not
been authorized under ORS 133.066 to enter the complaint in the
citation form at the time the citation is issued. Except as
specified in this section, the form of a uniform criminal
citation form is the same as that provided under sections 1 to 15
of this 2001 Act for the basic uniform citation form. The front
of the complaint page prescribed by section 6 of this 2001 Act
for the basic uniform citation form must be modified as follows
for the uniform criminal citation form:
  (a) In lieu of the title required by section 6 (2)(a) of this
2001 Act, there must appear the title: 'Oregon Uniform Criminal
Citation. '
  (b) In lieu of the statement required by section 6 (2)(b) of
this 2001 Act, there must appear the following statement: 'This
form must be used to cite crimes when a separate complaint will
be filed later. ORS 133.068. '
  (c) In lieu of the space required by section 6 (2)(c) of this
2001 Act, there must appear a horizontal series of two boxes
containing the following:
  (A) The first box shall contain a statement that the defendant
has been charged with a crime and that the defendant should read
the instructions on the back of the summons page.
  (B) The second box shall contain check boxes to allow the
enforcement officer to indicate whether the citation is issued
for a traffic offense, wildlife offense, boating offense,
commercial fishing offense or other offense.
  (d) The box required by section 6 (2)(h) of this 2001 Act must
be deleted.
  (e) In the box required by section 6 (2)(i) of this 2001 Act,
the space for the information required by section 6 (2)(i)(B) and
(C) of this 2001 Act must be deleted. Additional space must be
provided in the box to allow the enforcement officer to enter
information about the cited offense or offenses.
  (f) In the box required by section 6 (2)(k) of this 2001 Act:
  (A) In lieu of the certification language required by section 6
(2)(k)(A) of this 2001 Act, there must appear the following
certification: 'I certify, swear and affirm under applicable law
that I have sufficient grounds to believe, and do believe, that
the defendant named in this citation committed the offense
described in this citation, and that I have served the defendant
with this citation. '
  (B) There must be space where information may be entered as
required by ORS 133.068 (5) and (6).
  (g) In the vertical box required by section 6 (2)(m) of this
2001 Act, the word 'citation' must appear in lieu of ' complaint.
'
  (2) The only language that shall appear on the back of the
summons page for a uniform criminal citation form is the language
required by ORS 133.068 (7). + }
 
                               { +
SPECIFIC OFFENSE CITATION FORMS + }
 
  SECTION 11.  { + Sections 12, 13, 14 and 15 of this 2001 Act
create specific offense citation forms for use by enforcement
officers who primarily issue citations for only certain types of
offenses. Specific offense citation forms may be used to cite a
person for a violation, or to cite a person for a crime if
issuance of a citation with a complaint has been authorized under
ORS 133.066. Specific offense citation forms may be used for any
offense for which issuance of a citation is authorized by law as
long as all information required by law is included in the
citation. + }
  SECTION 12.  { + Uniform motor carrier citation. The uniform
motor carrier citation form may be used by enforcement officers
who primarily enforce the commercial vehicle and motor carrier
laws of this state. The front of the complaint page prescribed by
section 6 of this 2001 Act for the basic uniform citation form
must be modified as follows for the uniform motor carrier
citation form:
  (1) In lieu of the title required by section 6 (2)(a) of this
2001 Act, there must appear the title: 'Oregon Uniform Motor
Carrier Citation and Complaint. '
  (2) The box required by section 6 (2)(h) of this 2001 Act must
include a space for entry of information relevant to determining
the base fine amount for the offense under ORS 153.128, but the
Department of Transportation may by rule prescribe what other
spaces are provided for entry of additional information.
  (3) The Department of Transportation may by rule prescribe the
information to be entered on the officer notes page required by
section 9 (2) of this 2001 Act. + }
  SECTION 13.  { + Uniform boating citation. The front of the
complaint page prescribed by section 6 of this 2001 Act for the
basic uniform citation form must be modified as follows when the
citation form is prepared for use in enforcing the laws governing
boating under ORS chapter 830.
  (1) In lieu of the title required by section 6 (2)(a) of this
2001 Act, there must appear the title: 'Oregon Uniform Boating
Citation and Complaint. '
  (2) The box required by section 6 (2)(h) of this 2001 Act must
include a space for entry of information relevant to determining
the base fine amount for the offense under ORS 153.128, but the
State Marine Board may by rule prescribe what other spaces are
provided for entry of additional information.
  (3) The box required by section 6 (2)(i) of this 2001 Act must
include at least one space for entry of information for offenses
that could be cited under the basic uniform citation form, but
the State Marine Board may by rule prescribe the information to
be entered about common boating offenses. All spaces prescribed
by rule must require a citation to the statute, rule or ordinance
alleged to have been violated. + }
  SECTION 14.  { + Uniform fish and wildlife citation. The front
of the complaint page prescribed by section 6 of this 2001 Act
for the basic uniform citation form must be modified as follows
when the citation form is prepared for use in enforcing the
wildlife laws under ORS chapter 496:
  (1) In lieu of the title required by section 6 (2)(a) of this
2001 Act, there must appear the title: 'Oregon Uniform Fish and
Wildlife Citation and Complaint. '
  (2) The box required by section 6 (2)(h) of this 2001 Act must
include a space for entry of information relevant to determining
the base fine amount for the offense under ORS 153.128, but the
Oregon State Police may by rule prescribe what other spaces are
provided for entry of additional information.
  (3) The box required by section 6 (2)(i) of this 2001 Act must
include space to indicate culpable mental state for purposes of
ORS 496.992. + }
  SECTION 15.  { + Uniform school attendance citation. (1) Except
as provided in this section, a citation for use in enforcing the
violations established under ORS 339.990 shall be in such form as
specified by rules adopted by the State Board of Education.
  (2) The form for a citation used in enforcing the violations
established under ORS 339.925 must have all of the following:
  (a) A title that clearly identifies the citation as a school
attendance citation.
  (b) A caption as prescribed by section 6 (2)(d) of this 2001
Act, and the check boxes required by section 6 (2)(e) of this
2001 Act.
  (c) Space for entry of information about the defendant similar
to that required in section 6 (2)(f) of this 2001 Act, except
that no space need be provided for entry of information relating
to operation of a motor vehicle.
  (d) Space for entry of information about the offense cited, the
base fine for the offense and a citation to the statute under
which the offense is charged.
  (e) Boxes substantially similar to those required by section 6
(2)(k) and (L) of this 2001 Act. + }
  SECTION 16.  { + Existing citation forms. Notwithstanding
sections 1 to 15 of this 2001 Act, any uniform citation forms
prepared in compliance with Supreme Court Order 99-108, dated
December 17, 1999, are valid and may continue to be used by any
law enforcement agency, as defined by section 1 of this 2001 Act,
until ___, 2002. + }
  SECTION 17.  { + Section 18 of this 2001 Act is added to and
made a part of ORS chapter 153. + }
  SECTION 18.  { + Nothing in this chapter limits the authority
of a district attorney, or other attorney authorized by law to
initiate a prosecution of a violation, to initiate prosecutions
of violations in the manner provided by law for initiation of
other criminal actions. + }
  SECTION 19. ORS 1.525 is amended to read:
  1.525.   { - (1) - }  The Supreme Court shall adopt   { - one
or more - } forms for   { - the following purposes - } :
    { - (a) A form of uniform violation citation for the purposes
of ORS 153.045; - }
    { - (b) A form of uniform criminal citation without complaint
for the purposes of ORS 133.068; - }
    { - (c) A form of uniform criminal citation with complaint
for the purposes of ORS 133.069; - }
    { - (d) Any form of uniform citation for categories of
offenses as the court finds necessary or convenient; and - }
   { +  (1) The petition for a possession of marijuana diversion
agreement under ORS 135.907; + }
    { - (e) - }  { +  (2) + } A uniform petition for a driving
while under the influence of intoxicants diversion agreement for
the purposes of ORS 813.210 { + ; and
  (3) The petition for an application for an extension under ORS
813.225 + }.
    { - (2) If changes are made to a uniform citation form under
this section, the Supreme Court shall make a reasonable effort to
minimize the financial impact of the changes on the state
agencies and political subdivisions of this state that use the
uniform citation form. Where possible, the effort to minimize the
financial impact shall include a reasonable time for the state
agencies and political subdivisions to exhaust their existing
supplies of the citation form before the changes become
effective. - }
 
    { - (3) Except as provided in subsection (4) of this section,
the uniform citation forms adopted by the Supreme Court under
this section must be used by all enforcement officers, as defined
in ORS 153.005, when issuing a violation citation or criminal
citation. - }
    { - (4) The uniform citation forms adopted by the Supreme
Court under this section need not be used for: - }
    { - (a) Offenses created by ordinance or agency rule
governing parking of vehicles; or - }
    { - (b) Offenses created by the ordinances of political
subdivisions. - }
  SECTION 20. ORS 133.066 is amended to read:
  133.066. (1) A criminal citation may include a complaint or may
be issued without a form of complaint. If a criminal citation is
issued without a complaint, the citation must be in the form
provided by ORS 133.068. If a criminal citation is issued with a
complaint, the citation must be in the form provided by ORS
133.069.
  (2) A criminal citation may be issued with a complaint only if
a procedure for the issuance of a citation with a complaint has
been authorized by the district attorney for the county in which
the crime is alleged to have been committed.
  (3) A complaint or information may be filed with the court
before or after the issuance of a criminal citation without a
complaint. Nothing in this section affects the requirement that a
complaint or information be filed for the crime charged.
  (4) More than one crime may be charged in a single criminal
citation. However, if a defendant is to be charged with driving
while under the influence of intoxicants in violation of ORS
813.010, a separate criminal citation must be used for the charge
of driving while under the influence of intoxicants and that
citation may not be used to charge the defendant with the
commission of any other crime.
  (5) Uniform citation forms for crimes shall be   { - adopted by
the Supreme Court under ORS 1.525 - }  { +  in the form
prescribed by sections 1 to 15 of this 2001 Act + }.   { - In
adopting those forms, the Supreme Court may combine the
requirements for criminal citations under this section and the
requirements for violation citations under ORS 153.045. - }  A
crime and a violation may not be charged on the same citation
form.
  SECTION 21. ORS 137.073 is amended to read:
  137.073. (1) The requirements of ORS 137.071 do not apply where
the action or proceeding is initiated solely on the basis of a
citation   { - adopted under ORS 1.525 - }  { +  conforming to
the requirements of sections 1 to 15 of this 2001 Act + } that
contains a space on the citation for entry of judgment.
  (2) The exemption in subsection (1) of this section does not
apply:
  (a) If any indictment, information or complaint other than a
citation   { - under ORS 1.525 - }  is filed in the action or
proceeding.
  (b) To citations issued in lieu of arrest under ORS 133.055.
  SECTION 22. ORS 153.045 is amended to read:
  153.045. (1) Except as provided in subsection   { - (5) - }
 { + (4) + } of this section, a citation conforming to the
requirements of this section must be used by enforcement officers
for all violations.  The citation may contain other language in
addition to the language specified in this section.
  (2) Uniform citation forms for violations shall be
 { - adopted by the Supreme Court under ORS 1.525 - }  { +  in
the form prescribed by sections 1 to 15 of this 2001 Act + }.
 { - In adopting those forms, the Supreme Court may combine the
requirements for violation citations under this section and the
requirements for criminal citations under ORS 133.066. - }  More
than one violation may be charged on a single citation form, but
a crime and a violation may not be charged on the same citation
form.
  (3) A violation citation shall consist of at least four parts.
Additional parts may be inserted for administrative use.  The
required parts are:
  (a) A complaint in the form prescribed by ORS 153.048.
  (b) The abstract of court record.
  (c) The   { - police record - }  { +  officer notes + }.
  (d) A summons in the form prescribed by ORS 153.051.
    { - (4) Each of the parts shall contain the information or
blanks required by rules of the Supreme Court under ORS
1.525. - }
    { - (5) - }  { +  (4) + } The complaint shall contain a form
of certificate in which the enforcement officer must certify,
under the penalties provided in ORS 153.990, that the enforcement
officer has reasonable grounds to believe, and does believe, that
the person named in the complaint committed the violation
specified in the complaint. A certificate conforming to this
subsection shall be deemed equivalent of a sworn complaint.
  SECTION 23. ORS 153.048 is amended to read:
  153.048. (1) The complaint in a violation citation must contain
at least the following:
  (a) The name of the court, the name of the state or of the city
or other public body in whose name the action is brought and the
name of the defendant.
  (b) A statement or designation of the violation that can be
readily understood by a person making a reasonable effort to do
so and the date, time and place at which the violation is alleged
to have been committed.
  (c) A certificate under ORS 153.045   { - (5) - }   { + (4) + }
signed by the enforcement officer.
  (2) If the complaint does not conform to the requirements of
this section, the court shall set the complaint aside upon motion
of the defendant made before the entry of a plea. A pretrial
ruling on a motion to set aside may be appealed by the state.
  (3) A court may amend a complaint in its discretion.
  SECTION 24. ORS 153.770 is amended to read:
  153.770. (1) Notwithstanding ORS   { - 1.525 and - }
153.045 { +  and sections 1 to 15 of this 2001 Act + }, a law
enforcement officer, following procedures established by court
rule, may file a complaint with the court by electronic means,
without an actual signature of the officer, in lieu of using a
written uniform citation. Law enforcement officers who file
complaints under this section will be deemed to certify to the
complaint and will continue to have the same rights,
responsibilities and liabilities in relation to those complaints
as to complaints that are certified by an actual signature.
  (2) A court may allow electronic filing of complaints as
described under subsection (1) of this section. Procedures
established to allow electronic filing of complaints under this
section shall be established by court rule and shall include
procedures necessary to ensure that:
  (a) The information electronically filed includes all
information required on a uniform citation   { - adopted by the
Supreme Court under ORS 1.525 - }  { +  under sections 1 to 15 of
this 2001 Act + }.
  (b) The complaint filed electronically is verifiable as being
filed by a specific law enforcement officer.
  (c) Members of the public can obtain copies of and review
complaints that are electronically filed and maintained under
this section in the same manner as for complaints filed on paper.
  SECTION 25. ORS 339.925 is amended to read:
  339.925. (1) In addition to any other persons permitted to
enforce violations, the school district superintendent or
education service district superintendent, or any employee
specifically designated by either superintendent, may issue
citations for violations established under ORS 339.990 in the
manner provided by ORS chapter 153.
  (2) Prior to issuing the citation described in   { - subsection
(3) of this section - }   { + section 15 of this 2001 Act + } to
the parent or guardian of a student not regularly attending
full-time school, a school district superintendent or education
service district superintendent shall:
  (a) Provide a parent or guardian of the student and the student
with written notification that:
  (A) States that the student is required to attend regularly a
full-time school;
  (B) Explains that the failure to send the student and maintain
the student in regular attendance is a Class C violation;
  (C) States that the superintendent may issue a citation;
  (D) Requires the parent or guardian of the student and the
student to attend a conference with a designated official; and
  (E) Is written in the native language of the parent or guardian
of the student.
  (b) Schedule the conference described in paragraph (a)(D) of
this subsection.
    { - (3) Notwithstanding ORS 1.525 or any provision of ORS
chapter 153, the State Board of Education by rule shall establish
the citation form to be used by superintendents in citing
violations established under ORS 339.990. Notwithstanding ORS
153.045, each of the parts of the citation shall contain the
information required by the state board. - }
    { - (4) - }   { + (3) + } All fines and court costs recovered
from compulsory school attendance violations shall be paid to the
clerk of the court involved. After deductions of court costs
provided by law for the proceeding, the clerk shall pay the
remainder of the money to the State Treasurer to be deposited in
the Criminal Fine and Assessment Account in the General Fund.
  SECTION 26.  { + ORS 153.770 is added to and made a part of
sections 1 to 15 of this 2001 Act. + }
  SECTION 27.  { + The unit and section captions used in this
2001 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2001 Act. + }
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