71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2560
LC 2166/HB 2560-2
HOUSE AMENDMENTS TO
HOUSE BILL 2560
By COMMITTEE ON JUDICIARY
April 17
On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and' and delete 'and 809.220 '
and insert ', 419C.306, 809.220 and 809.280'.
On page 3, after line 5, insert:
' { + SECTION 4. + } { + Section 5 of this 2001 Act is added
to and made a part of ORS chapter 419C. + }
' { + SECTION 5. + } { + (1) The court may order that the
driving privileges of a youth be suspended if:
' (a) The petition alleges that the youth is within the
jurisdiction of the court for violating ORS 471.430;
' (b) The youth has been issued a summons under ORS 419C.306;
and
' (c) The youth fails to appear as required by the summons.
' (2) When a court issues an order under subsection (1) of this
section:
' (a) The court shall send a notice to the Department of
Transportation certifying that the youth failed to appear and
that the court has ordered the suspension of the driving
privileges of the youth; and
' (b) Neither the state nor a juvenile department counselor may
file a petition under ORS 419C.250 alleging that the youth is
within the jurisdiction of the court for having committed an act
that if committed by an adult would constitute a violation of ORS
153.992. + }
' { + SECTION 6. + } { + Section 5 of this 2001 Act applies
to summonses issued on or after the effective date of this 2001
Act. + }
' { + SECTION 7. + } ORS 419C.306 is amended to read:
' 419C.306. (1) The summons shall require the person or persons
who have physical custody of the youth to appear personally and
bring the youth before the court at the time and place stated in
the summons. The time for the hearing on the petition shall be
fixed at a reasonable time, not less than 24 hours, after the
issuance of the summons. If it appears to the court that the
welfare of the youth or of the public requires that the youth
immediately be taken into custody, the court may indorse an order
on the summons directing the officer serving it to take the youth
into custody.
' (2)(a) Summons shall be issued to the legal parents of the
youth, without regard to who has legal or physical custody of the
youth, and to the legal guardians, if any, of the youth.
' (b) Parents or guardians summoned pursuant to paragraph (a)
of this subsection shall appear personally pursuant to the
summons. Following the initial appearance, parents or guardians
shall appear as directed by the court.
' (c) An employer may not discharge, threaten to discharge,
intimidate or coerce any employee by reason of the employee's
attendance at a juvenile court hearing as required under
paragraph (a) of this subsection.
' (d) This subsection shall not be construed to alter or affect
an employer's policies or agreements with employees concerning
employees' wages during times when an employee attends a juvenile
court hearing under paragraph (a) of this subsection.
' (3) If the youth is 12 years of age or older, a certified
copy of the summons shall be served upon the youth. { + If the
petition alleges that the youth is within the jurisdiction of the
court for having violated ORS 471.430, the summons must contain a
statement that, if the youth fails to appear as required in the
summons, the driving privileges of the youth are subject to
suspension under section 5 of this 2001 Act. + }
' (4) Summons may be issued requiring the appearance of any
person whose presence the court deems necessary. When a summons
is issued to a youth pursuant to a petition alleging jurisdiction
under ORS 419C.005, a copy of the summons shall be mailed to all
victims whose names appear on the petition pursuant to ORS
419C.255 (2). The copy of the summons shall be accompanied by a
notice that the victim may be present for the youth's appearance
before the court and is entitled to request and receive
notification of future hearings before the court in regard to the
particular case. The copy of the summons shall also be
accompanied by a notice informing the victim of the provisions of
ORS 30.765.
' { + SECTION 8. + } ORS 809.280 is amended to read:
' 809.280. (1) This section establishes the procedures the
Department of Transportation shall follow when a court orders or
recommends the suspension or revocation of driving privileges.
This section also establishes the period of time the revocation
or suspension will be effective.
' (2) When a court orders a suspension of driving privileges
under ORS 809.270, the department shall immediately make proper
entry in its files and records and take other action as necessary
to implement the order. The suspension shall remain in force
until the department is notified by the court that the suspension
is ended, except that, if the department is ordered to
automatically restore the driving privileges upon the successful
completion of a program, the department shall do so and shall
notify the judge that the person has complied with the order of
the judge.
' (3) When a court recommends a suspension of driving
privileges under ORS 809.120, the department shall impose the
suspension as recommended by the court.
' (4) When a court notifies the department under ORS 809.130 of
an unsettled judgment, the department shall suspend and, subject
to any other requirements of law, restore the driving privileges
upon appropriate notification from the court under ORS 809.130,
except that the department shall only impose the suspension after
the department has determined that:
' (a) The judgment was rendered against the person;
' (b) The judgment has remained unsettled as described in ORS
809.470 for 60 days; and
' (c) The judgment continues to be unsettled as described in
ORS 809.470.
' (5) When a court notifies the department under ORS 809.220
{ + or section 5 of this 2001 Act + } to suspend for failure to
appear, the department shall suspend the driving privileges of
the person for an indefinite period. The department shall
terminate the suspension upon notification by the court or upon
the elapse of five years from the date of suspension. A
suspension under this subsection shall be placed on the
defendant's driving record. The department shall not suspend any
driving privileges under this subsection for a person's failure
to appear on a parking, pedestrian or bicyclist offense.
' (6) When a court sends the department a license or otherwise
notifies the department under ORS 810.310, the department shall
suspend the driving privileges of the person for an indefinite
period. The department shall terminate the suspension ordered
under this section upon notification by the court or upon the
lapse of five years from the date of suspension, whichever comes
first.
' (7) In addition to any other authority to suspend driving
privileges under the vehicle code, the department shall suspend
all driving privileges of any person upon receipt of an order of
denial of driving privileges under ORS 809.260. The suspension
shall be imposed without hearing. The driving privileges of the
person shall be suspended as provided in the following:
' (a) Upon receipt of the first order denying driving
privileges, the department shall impose a suspension for one
year, or until the person so suspended reaches 17 years of age,
whichever is longer.
' (b) Upon receipt of a second or subsequent order denying
driving privileges, the department shall suspend for one year or
until the person reaches 18 years of age, whichever is longer.
' (8) If the department receives notice from a court that it
has withdrawn an order issued under ORS 809.260, the department
shall immediately reinstate any driving privileges that have been
suspended under subsection (7) of this section because of the
issuance of the order.
' (9) When a court orders suspension of driving privileges
under ORS 165.805 or 471.430, the department shall impose the
suspension as ordered by the court.
' (10) When a court orders a suspension of driving privileges
under ORS 809.265, the department shall immediately suspend all
driving privileges of the person. Upon receipt of an order
suspending driving privileges, the department shall impose a
suspension for six months.
' (11) When a court orders revocation of driving privileges as
provided in ORS 809.235, the department shall impose the
revocation as ordered. The revocation shall remain in effect
until the department is notified by a court that the person's
driving privileges have been ordered restored.
' { + SECTION 9. + } { + When the court issues a notice
under ORS 809.220 to suspend the driving privileges of a person
for failure to appear on a citation for a violation of ORS
471.430, the district attorney may not file an accusatory
instrument charging the person with violating ORS 153.992. + } '
.
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