71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2560
Sponsored by Representatives BUTLER, G SMITH; Senator BROWN
CHAPTER ................
AN ACT
Relating to failure to appear in court; creating new provisions;
and amending ORS 153.061, 153.073, 419C.306, 809.220 and
809.280.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.220 is amended to read:
809.220. This section establishes procedures that are
applicable if a person fails to appear on a citation for a
traffic offense { + or for a violation of ORS 471.430 + }. All
of the following apply to this section:
(1) If a defendant fails to make any appearance required by the
court or by law in a proceeding charging the defendant with a
traffic offense { + or with a violation of ORS 471.430 + }, the
court:
(a) Shall issue notice to the Department of Transportation to
suspend for failure to appear if the defendant is charged with a
traffic crime { + or with a violation of ORS 471.430 + }. If a
court issues notice under this paragraph, the department shall
suspend the driving privileges of the person as provided under
ORS 809.280.
(b) Shall issue notice to the department to implement
procedures under ORS 809.290 if the defendant is charged with a
traffic violation. If a court issues notice under this paragraph,
the department shall implement procedures under ORS 809.290.
(2) In any notice to the department under this section, a court
shall certify that the defendant failed to appear in the
proceedings in the manner required by the court or by law.
(3) Subject to ORS 809.267, at any time within five years from
the date of a notice to suspend for failure to appear given to
the department under this section, a court shall give a second
notice to the department to terminate a suspension resulting from
the original notice if any of the following occur:
(a) The base fine amount or fine set by the court is paid.
(b) The court finds the defendant not guilty or orders a
dismissal of the case.
(c) The court determines that the suspension for failure to pay
or appear should be terminated for good cause.
(4) Notifications by a court to the department under this
section shall be in a form prescribed by the department.
(5) A court shall not notify the department under this section
for failure to appear on any parking, pedestrian or bicyclist
offense.
SECTION 2. ORS 153.061 is amended to read:
Enrolled House Bill 2560 (HB 2560-A) Page 1
153.061. (1) A defendant who has been issued a violation
citation must either:
(a) Make a first appearance by personally appearing in court at
the time indicated in the summons; or
(b) Make a first appearance in the manner provided in
subsection (2) of this section before the time indicated in the
summons.
(2) A defendant who has been issued a violation citation may
make a first appearance in the matter before the time indicated
in the summons by one of the following means:
(a) The defendant may submit to the court a written or oral
request for a trial.
(b) The defendant may enter a plea of no contest by delivering
to the court the summons, a check or money order in the amount of
the base fine set forth in the summons, and a statement of
matters in explanation or mitigation of the violation charged.
The delivery of a statement of matters in explanation or
mitigation under the provisions of this paragraph constitutes a
waiver of trial and consent to the entry of a judgment forfeiting
the base fine based on the statement and any other testimony or
written statements that may be presented to the court by the
citing officer or other witnesses.
(c) The defendant may execute the appearance, waiver of trial
and plea of guilty that appears on the summons and deliver the
summons and a check or money order in the amount of the base fine
set forth in the summons to the court. The defendant may attach a
statement of matters in explanation or mitigation of the
violation.
(3) The court may require that a defendant requesting a trial
under subsection (2)(a) of this section deposit the base fine
specified under ORS 153.125 to 153.145 or such other amount as
the court determines appropriate if the defendant has failed to
appear in any court on one or more other charges in the past. If
the defendant does not deposit the amount specified by the court,
the defendant must personally appear in court at the time
indicated in the summons. The amount deposited by the defendant
may be applied against any fine imposed by the court, and any
amount not so applied shall be refunded to the defendant at the
conclusion of the proceedings.
(4) If the defendant personally appears in court at the time
indicated in the summons and enters a plea of guilty, the judge
shall consider any statement in explanation or mitigation made by
the defendant.
(5) The court may require a defendant to appear personally in
any case, or may require that all defendants appear in specified
categories of cases.
(6) If a defendant has entered a no contest plea or guilty plea
in the manner provided in subsection (2)(b) or (c) of this
section, and the court determines that the base fine amount is
not adequate by reason of previous convictions of the defendant,
the nature of the offense charged or other circumstances, the
court may require that a trial be held unless an additional fine
amount is paid by the defendant before a specified date. Notice
of an additional fine amount under this subsection may be given
to the defendant by mail. In no event may the court require a
total fine amount in excess of the maximum fine established for
the violation by statute.
(7) If a defendant fails to make a first appearance on a
citation for a traffic violation, as defined by ORS 801.557,
{ + fails to make a first appearance on a citation for a
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violation of ORS 471.430, + } or fails to appear at any other
subsequent time set for trial or other appearance, the driving
privileges of the defendant are subject to suspension under ORS
809.220.
SECTION 3. ORS 153.073 is amended to read:
153.073. If the defendant requests a trial under ORS 153.061,
or a trial is required by the court or by law, the court shall
fix a date, time and place for the trial. Unless notice is waived
by the defendant, the court shall mail or otherwise provide to
the defendant notice of the date, time and place at least five
days before the trial. If the citation is for a traffic
violation, { + or is for a violation of ORS 471.430, + } the
notice must contain a warning to the defendant that if the
defendant fails to appear at the trial, the driving privileges of
the defendant are subject to suspension under ORS 809.220.
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
Enrolled House Bill 2560 (HB 2560-A) Page 3
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
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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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Enrolled House Bill 2560 (HB 2560-A) Page 5
Passed by House April 23, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 2, 2001
...........................................................
President of Senate
Enrolled House Bill 2560 (HB 2560-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 2560 (HB 2560-A) Page 7