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 1330
Senate Bill 132
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Judiciary
Committee for Representative Kevin Mannix)
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.
Changes crime of fleeing or attempting to elude police officer
into fleeing or attempting to elude peace officer in first and
second degrees. Expands scope of fleeing or attempting to elude
peace officer. Punishes first degree crime by maximum of five
years' imprisonment, $100,000 fine, or both. Punishes second
degree crime by maximum of one year's imprisonment, $5,000 fine,
or both. Makes related changes.
A BILL FOR AN ACT
Relating to crime of fleeing or attempting to elude peace
officer; creating new provisions; amending ORS 135.295,
153.131, 161.566, 161.568, 162.225, 801.026, 807.070, 807.250,
807.252, 809.410, 809.600, 809.730, 811.182, 811.230, 811.235
and 813.510 and section 5, chapter 1071, Oregon Laws 1999; and
repealing ORS 811.540.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2001 Act are added to
and made a part of ORS 162.225 to 162.375. + }
SECTION 2. { + (1) A person commits the crime of fleeing or
attempting to elude a peace officer in the first degree if:
(a) The person is operating a motor vehicle;
(b) A peace officer who is in uniform and prominently
displaying the peace officer's badge of office or operating a
vehicle appropriately marked showing it to be an official police
vehicle gives a visual or audible signal to bring the vehicle to
a stop, including any signal by hand, voice, emergency light or
siren; and
(c) The person, while still in the vehicle, knowingly flees or
attempts to elude a pursuing peace officer.
(2) Fleeing or attempting to elude a peace officer in the first
degree is applicable upon any premises open to the public.
(3) Fleeing or attempting to elude a peace officer in the first
degree is a Class C felony.
(4) When a court sentences a person convicted under this
section and the person has been convicted within the previous 15
years of a Class A misdemeanor or a felony, the presumptive
sentence is 15 months of incarceration, unless the rules of the
Oregon Criminal Justice Commission prescribe a longer presumptive
sentence. + }
SECTION 3. { + (1) A person commits the crime of fleeing or
attempting to elude a peace officer in the second degree if:
(a)(A) The person is operating a motor vehicle;
(B) A peace officer who is in uniform and prominently
displaying the peace officer's badge of office or operating a
vehicle appropriately marked showing it to be an official police
vehicle gives a visual or audible signal to bring the vehicle to
a stop, including any signal by hand, voice, emergency light or
siren; and
(C) The person gets out of the vehicle and knowingly flees or
attempts to elude the peace officer; or
(b) The person is a passenger in a motor vehicle described in
paragraph (a) of this subsection and the person gets out of the
vehicle and knowingly flees or attempts to elude the peace
officer.
(2) Fleeing or attempting to elude a peace officer in the
second degree is applicable upon any premises open to the public.
(3) Fleeing or attempting to elude a peace officer in the
second degree is a Class A misdemeanor. + }
SECTION 4. { + It is an affirmative defense to a prosecution
of a person under section 2 or 3 (1)(a) of this 2001 Act that,
after a peace officer operating a vehicle not marked as an
official police vehicle signaled the person to bring the person's
motor vehicle to a stop, the person proceeded lawfully to an area
the person reasonably believed was necessary to reach before
stopping. + }
SECTION 5. ORS 162.225 is amended to read:
162.225. As used in ORS 162.225 to 162.375 and 162.465, unless
the context requires otherwise:
(1) 'Firefighter' means any fire or forestry department
employee, or authorized fire department volunteer, vested with
the duty of preventing or combating fire or preventing the loss
of life or property by fire.
{ + (2) 'Motor vehicle' has the meaning given that term in
ORS 801.360. + }
{ - (2) - } { + (3) + } 'Official proceeding' means a
proceeding before any judicial, legislative or administrative
body or officer, wherein sworn statements are received, and
includes any referee, hearing examiner, commissioner, notary or
other person taking sworn statements in connection with such
proceedings.
{ - (3) - } { + (4) + } 'Physical evidence' means any
article, object, record, document or other evidence of physical
substance.
{ - (4) - } { + (5) + } 'Public record' means any book,
document, paper, file, photograph, sound recording, computerized
recording in machine storage, records or other materials,
regardless of physical form or characteristic, made, received,
filed or recorded in any government office or agency pursuant to
law or in connection with the transaction of public business,
whether or not confidential or restricted in use.
{ - (5) - } { + (6) + } 'Testimony' means oral or written
statements that may be offered by a witness in an official
proceeding.
SECTION 6. ORS 809.730 is amended to read:
809.730. (1) A motor vehicle may be seized and forfeited if the
person operating the vehicle is arrested or issued a citation for
driving while under the influence of intoxicants in violation of
ORS 813.010 and the person, within three years prior to the
arrest or issuance of the citation, has been convicted of or
forfeited bail or security for:
(a) Driving while under the influence of intoxicants in
violation of ORS 813.010, or its statutory counterpart in another
jurisdiction; or
(b) Murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle in
this state or in another jurisdiction.
{ + (2) When a person is convicted of fleeing or attempting
to elude a peace officer under section 2 or 3 (1)(a) of this 2001
Act, the motor vehicle the person was operating while committing
the crime may be seized and forfeited. + }
{ - (2) - } { + (3) + } All seizure and forfeiture
proceedings under this section shall be conducted in accordance
with ORS chapter 475A.
SECTION 7. ORS 135.295 is amended to read:
135.295. Provision for release contained in ORS 135.230 to
135.290 shall not apply to any traffic offenses as defined for
the Oregon Vehicle Code except the following:
(1) Reckless driving under ORS 811.140.
(2) Driving while under the influence of intoxicants under ORS
813.010.
(3) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(4) Criminal driving while suspended or revoked under ORS
811.182.
{ - (5) Fleeing or attempting to elude a police officer under
ORS 811.540. - }
SECTION 8. ORS 161.566 is amended to read:
161.566. (1) Except as provided in subsection (4) of this
section, a prosecuting attorney may elect to treat any
misdemeanor as a Class A violation. The election must be made by
the prosecuting attorney orally at the time of the first
appearance of the defendant or in writing filed on or before the
time scheduled for the first appearance of the defendant. If no
election is made within the time allowed, the case shall proceed
as a misdemeanor.
(2) If a prosecuting attorney elects to treat a misdemeanor as
a Class A violation under this section, the court shall amend the
accusatory instrument to reflect the charged offense as a Class A
violation and clearly denominate the offense as a Class A
violation in any judgment entered in the matter.
(3) If a prosecuting attorney elects to treat a misdemeanor as
a Class A violation under this section, and the defendant fails
to make any required appearance in the matter, the court may
enter a default judgment against the defendant in the manner
provided by ORS 153.102. The maximum fine that the court may
impose under a default judgment entered pursuant to ORS 153.102
is the maximum fine for a Class A violation, as provided in ORS
153.018.
(4) A prosecuting attorney may not elect to treat misdemeanors
created under ORS { - 811.540 or - } 813.010 { + or section 3
of this 2001 Act + } as violations under the provisions of this
section.
(5) The election provided for in this section may be made by a
city attorney acting as prosecuting attorney in the case of
municipal ordinance offenses, a county counsel acting as
prosecuting attorney under a county charter in the case of county
ordinance offenses, and the Attorney General acting as
prosecuting attorney in those criminal actions or proceedings
within the jurisdiction of the Attorney General.
SECTION 9. ORS 161.568 is amended to read:
161.568. (1) Except as provided in subsection (4) of this
section, a court may elect to treat any misdemeanor as a Class A
violation for the purpose of entering a default judgment under
ORS 153.102 if:
(a) A complaint or information has been filed with the court
for the misdemeanor;
(b) The defendant has failed to make an appearance in the
proceedings required by the court or by law; and
(c) The court has given notice to the district attorney for the
county and the district attorney has informed the court that the
district attorney does not object to treating the misdemeanor as
a Class A violation.
(2) If the court treats a misdemeanor as a Class A violation
under this section, the court shall amend the accusatory
instrument to reflect the charged offense as a Class A violation
and clearly denominate the offense as a Class A violation in the
judgment entered in the matter.
(3) If the court treats a misdemeanor as a Class A violation
under this section, the maximum fine that the court may impose
under a default judgment entered pursuant to ORS 153.102 is the
maximum fine for a Class A violation, as provided in ORS 153.018.
(4) A court may not treat misdemeanors created under ORS
{ - 811.540 or - } 813.010 { + or section 3 of this 2001
Act + } as violations under the provisions of this section.
SECTION 10. ORS 801.026 is amended to read:
801.026. (1) Persons, motor vehicles and equipment employed or
used by a public or telecommunications utility, electric
cooperative or by the United States, this state or any political
subdivision of this state are exempt from the provisions of the
vehicle code specified in subsection (3) of this section while on
a highway and working or being used to service, construct,
maintain or repair the facilities of a utility.
(2) Persons, motor vehicles and equipment employed or being
used in the construction or reconstruction of a street or highway
are exempt from the provisions of the vehicle code specified in
subsection (3) of this section if:
(a) They are within the immediate construction project as
described in the governmental agency contract, if there is a
contract; and
(b) The work is being done in an area that is signed in
accordance with the manual adopted under ORS 810.200.
(3) Persons, motor vehicles and equipment described in
subsections (1) and (2) of this section are exempt from
provisions of the vehicle code relating to rules of the road as
described in ORS chapter 811, except that this subsection does
not apply to:
(a) Reckless driving, as defined in ORS 811.140.
(b) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(c) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(d) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
{ - (e) Fleeing or attempting to elude a police officer, as
defined in ORS 811.540. - }
{ - (f) - } { + (e) + } The provisions of ORS 811.145,
811.155, 811.170 and 811.175.
(4) Motor vehicles and equipment being used in the area and in
the manner described in subsection (2) of this section are also
exempt from the provisions of the vehicle code relating to
vehicle size and weight to the extent set out in the governmental
agency contract.
(5) Devices moved exclusively on stationary rail tracks are
exempt from the vehicle code.
(6) Devices that are powered exclusively by human power are not
subject to those provisions of the vehicle code that relate to
vehicles. Notwithstanding this subsection, bicycles are generally
subject to the vehicle code as provided under ORS 814.400.
(7) The exemptions in subsection (3) of this section do not
apply to the persons and vehicles when traveling to or from the
facilities or construction project.
SECTION 11. ORS 807.070 is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license
and indorsement. The examination for each class of license or
indorsement shall include all of the following as described:
(1) A test of the applicant's eyesight.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test
under this subsection:
(a) The test shall not cover any subject that is not presented
in the publications of the department intended for the
instruction of applicants for licenses and driver permits.
(b) The test for each class of license and indorsement shall
include, but is not limited to, a test of knowledge and
understanding of traffic laws that relate specifically to the
type of driving privileges granted under the specific class of
license or indorsement sought.
(c) The test under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of blind pedestrians.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
(3) An actual demonstration of the applicant's ability to
operate a motor vehicle without endangering the safety of persons
or property. The following apply to this subsection:
(a) The department, by rule, may waive the actual demonstration
under this subsection for an applicant for a commercial driver
license or a Class C license if the applicant holds a valid
out-of-state license or applies for an Oregon license within one
year of the expiration of a valid out-of-state license. A
demonstration may be waived under this paragraph only if the
person has applied for the same driving privileges as those
granted under the person's out-of-state license or for privileges
granted by a lower class of license.
(b) The department may waive the actual demonstration for any
applicant for a commercial driver license who submits to the
department a certificate of competency, issued under ORS 807.080
for the class of license sought or under other circumstances,
established by the department by rule, where the applicant
establishes the applicant's ability to drive without an actual
demonstration.
(c) The department may issue a Class A farm indorsement without
requiring additional tests to a person who has a Class C or Class
4 driver license or a valid driver license issued prior to
October 1, 1986, if a farm employer or a self-employed farmer
certifies to the department that the person is experienced in
driving a vehicle that may be driven only by persons who have a
Class A commercial driver license and the person's two-part
driving record does not show either a traffic accident within two
years of the date of application for the indorsement or a
conviction for one of the following { - traffic - } crimes
within five years of the date of application for the indorsement:
(A) Reckless driving, as defined in ORS 811.140.
(B) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(C) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(D) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(E) Fleeing or attempting to elude a { - police - } { +
peace + } officer { + in the first or second degree + }, as
defined in { - ORS 811.540 - } { + section 2 or 3 (1)(a) of
this 2001 Act + }.
(d) The department may issue a Class B farm indorsement without
requiring additional tests to a person who has a Class C or Class
4 driver license or a valid driver license issued prior to
October 1, 1986, if a farm employer or a self-employed farmer
certifies to the department that the person is experienced in
driving a vehicle that may be driven only by persons who have a
Class B commercial driver license and the person's two-part
driving record does not show either a conviction for a
{ - traffic - } crime specified in paragraph (c) of this
subsection within five years of the date of application for the
indorsement or a traffic accident within two years of the date of
application for the indorsement.
(e) The department by rule may establish other circumstances
under which a farm indorsement may be issued without an actual
demonstration. The authority granted by this paragraph includes,
but is not necessarily limited to, authority to adopt rules
specifying circumstances under which the indorsement may be
granted to a person despite the appearance of traffic accidents
on the person's record.
(f) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of
license sought, but that may not be operated under lower classes
of license.
(g) An actual demonstration for a passenger indorsement shall
be performed in a vehicle that is designed to transport 16 or
more persons, including the driver.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the
department in establishing whether the applicant is eligible for
a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In
any examination or test under this subsection, the department
shall only conduct an investigation for facts relating directly
to the ability of the applicant to operate a motor vehicle safely
or other facts that are specifically required to show the fitness
of the applicant for license.
SECTION 12. ORS 807.250 is amended to read:
807.250. (1) In addition to any requirements under ORS 807.240
and any applicable conditions under ORS 813.500 and 813.520, the
Department of Transportation shall not issue a hardship permit
under ORS 807.240 to a person whose suspension of driving
privileges is based upon a conviction of any of the following
unless the person submits to the department a recommendation from
the judge before whom the person was convicted:
(a) ORS 811.140.
(b) { - ORS 811.540 - } { + Section 2 or 3 (1)(a) of this
2001 Act + }.
(c) Driving while under the influence of intoxicants. If a
person's driving privileges are suspended for a conviction for
driving while under the influence of intoxicants and the person
is determined under ORS 813.500 to have a problem condition
involving alcohol, inhalants or controlled substances as
described in ORS 813.040, the judge must:
(A) Make the recommendation with reference to the best interest
of the public as well as of the defendant and the recommendation
must be in writing.
(B) Recommend times, places, routes and days minimally
necessary for the person to retain employment, to attend any
alcohol treatment or rehabilitation program or to receive
necessary medical treatment for the person or a member of the
person's immediate family.
(2) The department shall not issue a hardship permit to a
person whose suspension of driving privileges is based on a
conviction described in ORS 809.265.
(3) The department shall not issue a hardship permit to a
person whose driver license or driver permit is suspended
pursuant to ORS 25.750 to 25.783.
SECTION 13. ORS 807.252 is amended to read:
807.252. (1) The Department of Transportation may not issue a
hardship permit to a person whose driving privileges are
suspended for conviction of assault in the second, third or
fourth degree if the person, within 10 years preceding
application for the permit, has been convicted of a major traffic
offense as defined in ORS 153.500 (1997 Edition) or of any degree
of murder, manslaughter, criminally negligent homicide or assault
resulting from the operation of a motor vehicle. A conviction
arising out of the same episode as the current suspension is not
considered a conviction for purposes of this subsection.
(2) The department may not issue a hardship permit to a person
whose driving privileges are suspended for a conviction of
assault in the second, third or fourth degree:
(a) For a period of four years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the second degree and
the person was not incarcerated for that conviction.
(b) For a period of four years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
second degree and the person was incarcerated for that
conviction.
(c) For a period of two years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the third degree and
the person was not incarcerated for that conviction.
(d) For a period of two years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
third degree and the person was incarcerated for that conviction.
(e) For a period of six months from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the fourth degree and
the person is not incarcerated for that conviction.
(f) For a period of six months from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
fourth degree and the person was incarcerated for that
conviction.
(3) A hardship permit issued to a person whose driving
privileges are suspended because of a conviction for assault in
the second, third or fourth degree shall limit the person's
driving privileges:
(a) To the times, places, routes and days the department
determines to be minimally necessary for the person to retain
employment, to attend any alcohol treatment or rehabilitation
program or to obtain required medical treatment for the person or
a member of the person's immediate family; and
(b) To times, places, routes and days that are specifically
stated.
(4) The person's driving privileges under the permit are
subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative
rules of the department, during the term of the permit.
(5) The department may require the person to complete a driver
improvement program under ORS 809.480 as a condition of the
permit.
(6) The department shall condition the permit so that the
permit will be revoked if the person is convicted of any of the
following:
(a) Reckless driving under ORS 811.140.
(b) Driving under the influence of intoxicants under ORS
813.010.
(c) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(d) Fleeing or attempting to elude a { - police - }
{ + peace + } officer { + in the first or second degree + }
under { - ORS 811.540 - } { + section 2 or 3 (1)(a) of this
2001 Act + }.
(e) Driving while suspended or revoked under ORS 811.175 or
811.182.
(f) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle.
SECTION 14. ORS 809.410, as amended by section 6, chapter 789,
Oregon Laws 1999, is amended to read:
809.410. This section and ORS 813.400 and 813.403 establish
grounds for the suspension and revocation of driving privileges
and commercial driver licenses by the Department of
Transportation, whether the suspension or revocation is mandatory
or permissive, the length of time the suspensions will be
effective and special provisions relating to certain suspensions
and revocations. Hearing and administrative review procedures for
this section, ORS 813.400 and 813.403 are established under ORS
809.440. The following apply as described:
(1) Any degree of murder, manslaughter or criminally negligent
homicide resulting from the operation of a motor vehicle and
assault in the first degree resulting from the operation of a
motor vehicle constitute grounds for revocation of driving
privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) A person whose driving privileges or right to apply for
driving privileges are revoked under this subsection may apply
for reinstatement of driving privileges eight years from the date
the person is released from incarceration for the offense, if the
sentence for the offense includes incarceration. If the sentence
does not include incarceration, the person may apply for
reinstatement eight years from the date the department revoked
the privileges or right to apply for privileges under this
subsection. The department shall not reinstate any driving
privileges to the person until the person complies with future
responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(d) The provisions of this subsection do not apply to a person
whose driving privileges are ordered revoked under ORS 809.235.
(2) Any degree of recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(c) A suspension under this subsection shall be for a period
described under Schedule I of ORS 809.420, except that the
department shall not reinstate any driving privileges to the
person until the person has complied with future responsibility
filings.
(3) Perjury or the making of a false affidavit to the
department under any law of this state requiring the registration
of vehicles or regulating their operation on the highways
constitutes grounds for revocation of driving privileges. The
following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(4) Any felony conviction with proof of a material element
involving the operation of a motor vehicle constitutes grounds
for revocation of driving privileges. The following apply to this
subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(5) Failure to perform the duties of a driver to injured
persons under ORS 811.705 constitutes grounds for revocation of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) Except as provided in paragraph (c) of this subsection, the
revocation shall be for a period of one year from the date of
revocation except that the department shall not reinstate any
driving privileges to the person until the person complies with
future responsibility filings.
(c) If the court indicates on the record of conviction that a
person was killed as a result of the accident, the revocation
shall be for a period of five years. The person may apply for
reinstatement of privileges five years after the date the person
was released from incarceration. If the sentence does not include
incarceration, the person may apply for reinstatement five years
from the date the revocation was imposed under this subsection.
(d) A person is entitled to administrative review of a
revocation under this subsection.
(6) Reckless driving constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except that the department shall
not reinstate any driving privileges to the person until the
person complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(7) Failure to perform duties of a driver when property is
damaged under ORS 811.700 constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction of an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(8) Fleeing or attempting to elude a { - police - } { +
peace + } officer { + in the first or second degree + } under
{ - ORS 811.540 - } { + section 2 or 3 (1)(a) of this 2001
Act + } constitutes grounds for suspension of driving privileges.
The following apply to this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges.
(b) The suspension shall be for a period described under
Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(9) Failure to file accident reports required under ORS 811.725
or 811.730 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if the person fails to make
the required accident reports.
(b) The suspension shall continue until the person makes the
required reports and complies with future responsibility filings
or for five years from the date of suspension, whichever is
sooner.
(10) Failure to make future responsibility filing described in
this subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person who fails to
comply with future responsibility filings whenever required under
the vehicle code or to provide new proof for future
responsibility filings when requested by the department.
(b) The suspension shall continue until the person complies
with future responsibility filings.
(c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a contested case hearing prior
to a suspension under this subsection. A person whose obligation
to make future responsibility filings is based upon a conviction
or other action by a court is entitled to administrative review
of a suspension under this subsection. A person whose suspension
under this subsection is based on lapses in filing after the
initial filing has been made is entitled to administrative
review.
(11) Failure to settle judgments as described in this
subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person has a judgment
of the type described under ORS 806.040 rendered against the
person and the person does not settle the judgment in the manner
described under ORS 809.470 within 60 days after its entry.
(b) A suspension under this subsection shall continue until the
person complies with future responsibility filings and does one
of the following:
(A) Settles the judgment in the manner described in ORS
809.470.
(B) Has an insurer which has been found by the department to be
obligated to pay the judgment provided that there has been no
final adjudication by a court that such insurer has no such
obligation.
(C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
(D) Receives from the court that rendered the judgment an order
permitting the payment thereof in installments.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(12) False certification of financial responsibility
requirements constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person falsely
certifies the existence of a motor vehicle liability insurance
policy or the existence of some other means of satisfying
financial responsibility requirements or if a person, after
certifying the existence of a motor vehicle liability insurance
policy or other means of satisfying the requirements, allows the
policy to lapse or be canceled or otherwise fails to remain in
compliance with financial responsibility requirements.
(b) The department shall only suspend under this subsection if
proof of compliance with financial responsibility requirements as
of the date of the letter of verification from the department
under ORS 806.150 is not submitted within 30 days after the date
of the mailing of the department's demand therefor under ORS
806.160.
(c) The suspension shall continue until the person complies
with future responsibility filings.
(13) Failure to take examination upon request of the department
under ORS 807.340 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person if the
department requests the person to submit to examination under ORS
807.340 and the person fails to appear within a reasonable length
of time after being notified to do so or fails to satisfactorily
complete the required examination.
(b) The suspension shall continue until the examination
required by the department is successfully completed.
(c) Upon suspension under this subsection, the department may
issue an identification card to the person for identification
purposes as described under ORS 807.400.
(14) Failure to obtain required medical clearance under ORS
807.070 or 807.090 upon request by the department constitutes
grounds for suspension of driving privileges. The following apply
to this subsection:
(a) The department shall suspend the driving privileges of the
person if the department requests the person to obtain medical
clearance described by this subsection and the person fails to do
so.
(b) The suspension under this subsection shall continue until
the required medical clearance is received by the department.
(15) Causing or contributing to an accident resulting in death
or injury to any other person or serious property damage through
incompetence, recklessness, criminal negligence or unlawful
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(16) Incompetence to drive a motor vehicle because of a mental
or physical condition rendering it unsafe for a person to drive a
motor vehicle upon the highways constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. A suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440 except that a person who has submitted
a certificate of eligibility under ORS 807.090 is entitled only
to administrative review of a suspension.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(17) Habitual incompetence, recklessness or criminal negligence
of a driver of a motor vehicle or committing a serious violation
of the motor vehicle laws of this state constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(18) A conviction under ORS 811.700 or 811.705 for failure to
perform the duties of a driver while operating a commercial motor
vehicle or any conviction of a crime punishable as a felony
involving the operation of a commercial motor vehicle constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for a period of time according to
the following:
(A) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was not driving a commercial motor
vehicle containing a hazardous material at the time the offense
was committed, the suspension shall be for a period of one year.
(B) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was driving a commercial motor vehicle
containing a hazardous material at the time the offense was
committed, the suspension shall be for a period of three years.
(C) If the person's commercial driver license has previously
been suspended under this subsection, ORS 813.403 or 813.410 (2),
the suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(19) Use of a commercial motor vehicle in the commission of a
crime punishable as a felony involving the manufacturing,
distributing or dispensing of a controlled substance constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(d) 'Controlled substance' has the meaning given that term in
ORS 475.005 (6).
(20) Incompetence to operate a motorcycle constitutes grounds
for revocation of a motorcycle indorsement. The following apply
to this subsection:
(a) Whenever the department has reason to believe an individual
with a motorcycle indorsement under ORS 807.170 comes within the
grounds described in this subsection, the department may revoke
the indorsement.
(b) Upon revocation under this subsection, the license shall be
surrendered to the department.
(c) Upon surrender of the indorsed license, the department may
issue a license without indorsement for the unexpired period of
the license.
(21) The department forthwith shall suspend the driving
privileges of any person for a period of time required by this
subsection if the person is involved in a motor vehicle accident
at any time when the department determines the person has been
operating a vehicle in violation of ORS 806.010. A suspension
under this subsection shall be for a period of one year except
that the department shall not reinstate any driving privileges to
the person until the person complies with future responsibility
filing requirements.
(22) Upon notification by the superintendent of a hospital
under ORS 807.700 that a person should not drive, the department
shall immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review and shall continue until such time as the
person produces a judicial decree of competency or a certificate
from the superintendent of the hospital that the person is
competent or establishes eligibility under ORS 807.090.
(23) Upon notification by a court under ORS 810.375 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review and shall continue until such time as the person
establishes eligibility under ORS 807.090.
(24) The department shall suspend driving privileges when
provided under ORS 809.290. The suspension shall continue until
the earlier of the following:
(a) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.290 to make the person not subject to suspension.
(b) Five years from the date the suspension is imposed.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(25) Criminal trespass under ORS 164.245 that involves the
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to suspension on
grounds described in this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges of the person
convicted for a period of six months from the date of suspension.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(26) Agreements entered under ORS 802.530 may establish grounds
and procedures for the suspension of driving privileges.
(27) Violation of restrictions placed on driving privileges
under ORS 807.120 or 809.310 constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department receives satisfactory evidence that the person has
violated restrictions placed on the person's driving privileges.
Any suspension under this paragraph shall be subject to a
post-imposition hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department, but in no event for longer
than one year, and shall be subject to any conditions the
department determines necessary.
(28)(a) The department shall suspend driving privileges as
provided under ORS 809.405.
(b) The suspension shall continue until the person reaches 18
years of age or until the suspension is terminated as provided in
ORS 809.405.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(29) Upon receipt of a record of a person's second conviction
of a serious traffic violation within a three-year period, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license if the
convictions arose out of separate incidents. A suspension under
this subsection shall be for a period of 60 days. A person is
entitled to administrative review of a suspension under this
subsection.
(30) Upon receipt of a record of a person's third or subsequent
conviction of a serious traffic violation within a three-year
period, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
if the convictions arose out of separate incidents. A suspension
under this subsection shall be for a period of 120 days. A person
is entitled to administrative review of a suspension under this
subsection.
(31)(a) Upon receipt of a record of conviction of an offense
described in ORS 809.310, the department shall, or upon
determination by the department that the person has committed an
act that constitutes such an offense, the department may suspend
any driving privileges, any right to apply for privileges or any
identification card of the person convicted or determined to have
committed the act.
(b) A suspension under this subsection shall continue for a
period of one year.
(c) A person is entitled to administrative review of a
suspension under this subsection if the suspension is based upon
a conviction. If the suspension is based upon a determination by
the department, the person is entitled to a hearing as described
in ORS 809.440.
(32) Except as otherwise provided in subsection (34) of this
section, upon receipt of a first notice indicating that a person
has violated an out-of-service order issued under ORS 813.050 or
has knowingly violated any other out-of-service order or notice,
the department shall suspend the person's commercial driver
license or right to apply for a commercial driver license for a
period of 90 days. For purposes of this subsection, 'notice '
includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
(33) Except as otherwise provided in subsection (35) of this
section, upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order issued under ORS 813.050 or has knowingly
violated any other out-of-service order or notice, the department
shall suspend the person's commercial driver license or right to
apply for a commercial driver license for a period of three
years. For purposes of this subsection, 'notice' includes, but
is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with
jurisdiction to make such determinations that the person has
violated an out-of-service order or notice. A person is entitled
to administrative review of a suspension under this subsection.
(34) Upon receipt of a first notice indicating that a person
has violated an out-of-service order while transporting hazardous
materials required to be placarded, or while operating a motor
vehicle designed to transport 16 or more persons, including the
driver, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
for a period of one year. For purposes of this subsection, '
notice' includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
(35) Upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order, if the person was transporting hazardous
materials required to be placarded, or was operating a motor
vehicle designed to transport 16 or more persons, including the
driver, then regardless of the load or kind of vehicle involved
in the first notice, the department shall suspend the person's
commercial driver license or right to apply for a commercial
driver license for a period of five years. For purposes of this
subsection, 'notice' includes, but is not necessarily limited to,
a record of conviction and a record of a determination by a state
or federal agency with jurisdiction to make such determinations
that the person has violated an out-of-service order or notice. A
person is entitled to administrative review of a suspension under
this subsection.
(36) Upon receipt of a record of a person's conviction of
reckless endangerment of highway workers under ORS 811.231 (1),
the department shall suspend the person's driving privileges or
right to apply for driving privileges. The suspension shall be
for periods of time described under Schedule I of ORS 809.420
except the department shall not reinstate any driving privileges
to the person until the person complies with future
responsibility filings. A person is entitled to administrative
review of a suspension under this subsection.
(37) Upon notification by a school superintendent or a school
district board under ORS 339.254, the department shall suspend
the driving privileges of a person or the right to apply for
driving privileges. The suspension shall be for the amount of
time stated in the notice. A person is entitled to administrative
review of a suspension under this subsection.
(38)(a) Assault in the second, third or fourth degree resulting
from the operation of a motor vehicle constitutes grounds for
suspension of driving privileges. Upon receipt of a record of
conviction for assault in the second, third or fourth degree, the
department shall suspend the driving privileges or right to apply
for driving privileges of the person convicted.
(b) A person who is convicted of assault in the second degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges eight years from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges eight years from the date
the department suspended the privileges or right to apply for
privileges under this subsection.
(c) A person who is convicted of assault in the third degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges five years from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges five years from the date
the department suspended the privileges or right to apply for
privileges under this subsection.
(d) A person who is convicted of assault in the fourth degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges one year from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges or right to apply for
driving privileges one year from the date the department
suspended the privileges or right to apply for privileges under
this subsection.
(e) The department shall not reinstate any driving privileges
to the person whose privileges are suspended under this
subsection until the person complies with future responsibility
filings.
(f) A person is entitled to administrative review of a
suspension under this subsection.
(39) Upon receipt of notification of a court order that a
person's driving privileges or right to apply for driving
privileges be suspended for violation of ORS 167.401, the
department shall suspend the driving privileges or the right to
apply for driving privileges of the person subject to the order
for the time specified in the order. A person is entitled to
administrative review of a suspension under this subsection.
(40) Withdrawal from school by a person under 18 years of age
constitutes grounds for suspension of driving privileges. Upon
receipt of a notice under ORS 339.257 that a person under 18
years of age has withdrawn from school, the department shall
notify the person that driving privileges will be suspended on
the 30th day following the date of the notice unless the person
presents documentation that complies with ORS 807.066. A
suspension under this subsection shall continue until the person
reaches 18 years of age or until the person presents
documentation that complies with ORS 807.066. Appeals of a
suspension under this subsection shall be as provided by a school
district or private school under a policy adopted in accordance
with ORS 339.257.
SECTION 15. 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.
(c) Criminally driving a motor vehicle while suspended or
revoked, under ORS 811.182.
(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 - } { +
peace + } officer { + in the first or second degree + } under
{ - ORS 811.540 - } { + section 2 or 3 (1)(a) of this 2001
Act + }.
(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.
(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 16. ORS 811.182 is amended to read:
811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The crime is a Class C felony if the suspension or
revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle.
(4) The crime is a Class A misdemeanor if the suspension or
revocation is any of the following:
(a) A suspension under ORS 809.410 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
(b) A revocation under ORS 809.410 (3) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
(A) .08 percent or more by weight if the person was not driving
a commercial motor vehicle;
(B) .04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of a commercial driver license or right to
apply for a commercial driver license under ORS 809.410 (18)
resulting from failure to perform the duties of a driver under
ORS 811.700 while driving a commercial motor vehicle.
(e) A suspension of a commercial driver license under ORS
809.400 (3)(b) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.
(f) A revocation resulting from habitual offender status under
ORS 809.640.
(g) A suspension resulting from any crime punishable as a
felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection
(3) of this section.
(h) A suspension for failure to perform the duties of a driver
under ORS 811.705.
(i) A suspension for reckless driving under ORS 811.140.
(j) A suspension for fleeing or attempting to elude a
{ - police - } { + peace + } officer { + in the first or
second degree + } under { - ORS 811.540 - } { + section 2 or
3 (1)(a) of this 2001 Act + }.
(k) A suspension for driving while under the influence of
intoxicants under ORS 813.010.
(L) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a
person is convicted of the offense described in this section and
the underlying suspension resulted from driving while under the
influence of intoxicants, the court shall impose a fine of at
least $1,000 if it is the person's first conviction for criminal
driving while suspended or revoked and at least $2,000 if it is
the person's second or subsequent conviction.
(6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category 6 of
the rules of the Oregon Criminal Justice Commission.
SECTION 17. Section 5, chapter 1071, Oregon Laws 1999, as
amended by section 5a, chapter 1071, Oregon Laws 1999, is amended
to read:
{ + Sec. 5. + } (1) In order to determine the effect of
increasing fines in safety corridors, signs shall be posted in
two safety corridors chosen by the Department of Transportation
indicating that fines for traffic offenses { + and fleeing or
attempting to elude a peace officer in the first or second
degree, as defined in section 2 or 3 (1)(a) of this 2001 Act,
+ }committed in those safety corridors will be doubled.
(2)(a) The base fine amount for a person charged with an
offense that is listed in subsection (3)(a) or (b) of this
section and that is committed in a safety corridor shall be the
amount established under { - sections 34 to 39, chapter 1051,
Oregon Laws 1999 - } { + ORS 153.125 to 153.145 + }, based on
the foundation amount calculated under { - section 37, chapter
1051, Oregon Laws 1999 - } { + ORS 153.131 + }. The minimum
fine for a person convicted of an offense that is listed in
subsection (3)(a) or (b) of this section and that is committed in
a safety corridor is the base fine amount so calculated.
(b) The minimum fine for a person convicted of a misdemeanor
offense that is listed in subsection (3)(c) to (g) of this
section and that is committed in a safety corridor is 20 percent
of the maximum fine established for the offense.
(c) The minimum fine for a person convicted of a felony offense
that is listed in subsection (3)(c) to (g) of this section and
that is committed in a safety corridor is two percent of the
maximum fine established for the offense.
(3) This section applies to the following offenses if committed
in the designated safety corridors:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(g) Fleeing or attempting to elude a { - police - } { +
peace + } officer { + in the first or second degree + }, as
defined in { - ORS 811.540 - } { + section 2 or 3 (1)(a) of
this 2001 Act + }.
SECTION 18. ORS 811.235 is amended to read:
811.235. (1)(a) If signs authorized by ORS 810.245 are posted,
the base fine amount for a person charged with an offense that is
listed in subsection (2)(a) or (b) of this section and that is
committed in a school zone shall be the amount established under
ORS 153.125 to 153.145 based on the foundation amount calculated
under ORS 153.131. The minimum fine for a person convicted of an
offense that is listed in subsection (2)(a) or (b) of this
section and that is committed in a school zone is the base fine
amount so calculated.
(b) If signs authorized by ORS 810.245 are posted, the minimum
fine for a person convicted of a misdemeanor offense that is
listed in subsection (2)(c) to (g) of this section and that is
committed in a school zone is 20 percent of the maximum fine
established for the offense.
(c) If signs authorized by ORS 810.245 are posted, the minimum
fine for a person convicted of a felony offense that is listed in
subsection (2)(c) to (g) of this section and that is committed in
a school zone is two percent of the maximum fine established for
the offense.
(2) This section applies to the following offenses if committed
in a school zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(g) Fleeing or attempting to elude a { - police - } { +
peace + } officer { + in the first or second degree + }, as
defined in { - ORS 811.540 - } { + section 2 or 3 (1)(a) of
this 2001 Act + }.
(3) A court shall not waive, reduce or suspend the base fine
amount or minimum fine required by this section.
(4) For purposes of this section, { - a traffic - }
{ + an + } offense occurs in a school zone if the offense occurs
while the motor vehicle is passing school grounds or a school
crosswalk, notice of the grounds or crosswalk is indicated
plainly by traffic control devices conforming to the requirements
established under ORS 810.200 and posted under authority granted
by ORS 810.210 and:
(a) Children are in a place where they are or should be visible
to a person operating a motor vehicle that is passing school
grounds or a school crosswalk; or
(b) A flashing light used as a traffic control device and
operated under ORS 811.106 indicates that children may be
arriving at or leaving school.
SECTION 19. ORS 813.510 is amended to read:
813.510. This section establishes limitations that the
Department of Transportation is required or permitted to place on
hardship permits issued under ORS 807.240 to persons whose
suspension is based upon a conviction for driving under the
influence of intoxicants or upon ORS 813.100. Limitations placed
on a hardship permit under this section are in addition to any
limitations placed on the permit under ORS 807.240. A person's
permit is subject to suspension or revocation as provided under
ORS 807.240 if the department determines that the holder of the
permit has violated any limitation placed upon the permit under
this section. Violation of a limitation under this section is
punishable as provided by ORS 811.175 or 811.182. The limitations
are as described in the following:
(1) A hardship permit issued to the person shall limit the
person's driving privileges:
(a) To the times, places, routes and days the department
determines to be minimally necessary for the person to retain
employment, to attend any alcohol treatment or rehabilitation
program or to obtain required medical treatment for the person or
a member of the person's immediate family; and
(b) To times, places, routes and days that are specifically
stated.
(2) The person's driving privileges under the permit are
subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative
rules of the department, during the term of the permit.
(3) If the person is in a rehabilitation program under ORS
813.500, the person must complete the rehabilitation program.
(4) The department may require the person to complete a driver
improvement program under ORS 809.480 as a condition of the
permit.
(5) If the person is involved in a diversion agreement under
ORS 813.220 and 813.230, the department may require the person to
successfully complete the diversion program as a condition of
retaining the permit.
(6) The department shall condition the permit so that the
permit will be revoked if the person is convicted of any of the
following:
(a) Reckless driving under ORS 811.140.
(b) Driving under the influence of intoxicants under ORS
813.010.
(c) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(d) Fleeing or attempting to elude a { - police - } { +
peace + } officer { + in the first or second degree + } under
{ - ORS 811.540 - } { + section 2 or 3 (1)(a) of this 2001
Act + }.
(e) Driving while suspended or revoked under ORS 811.175 or
811.182.
SECTION 20. ORS 153.131 is amended to read:
153.131. If a person is charged with { - a traffic - }
{ + an + } offense, and the enforcement officer issuing the
citation notes on the citation that the offense occurred in a
highway work zone and is subject to the provisions of ORS
811.230, occurred in a posted school zone and is subject to the
provisions of ORS 811.235, or occurred in a safety corridor and
is subject to the provisions of section 5, chapter 1071, Oregon
Laws 1999, the foundation amount to be used in calculating the
base fine under ORS 153.125 to 153.145 is 80 percent of the
maximum fine established for the violation.
SECTION 21. ORS 153.131, as amended by section 5d, chapter
1071, Oregon Laws 1999, is amended to read:
153.131. If a person is charged with { - a traffic - }
{ + an + } offense, and the enforcement officer issuing the
citation notes on the citation that the offense occurred in a
highway work zone and is subject to the provisions of ORS
811.230, or occurred in a posted school zone and is subject to
the provisions of ORS 811.235, the foundation amount to be used
in calculating the base fine under ORS 153.125 to 153.145 is 80
percent of the maximum fine established for the violation.
SECTION 22. ORS 811.230 is amended to read:
811.230. (1) As used in ORS 811.230, 811.231, 811.232 and
811.233:
(a) 'Flagger' means a person who controls the movement of
vehicular traffic through construction projects using sign, hand
or flag signals.
(b) 'Highway work zone' means an area identified by advance
warning where road construction, repair or maintenance work is
being done by highway workers on or adjacent to a highway,
regardless of whether or not highway workers are actually
present. As used in this paragraph, 'road construction, repair
or maintenance work' includes, but is not limited to, the setting
up and dismantling of advance warning systems.
(c) 'Highway worker' means an employee of a government agency,
private contractor or utility company working in a highway work
zone.
(2)(a) The base fine amount for a person charged with an
offense that is listed in subsection (3)(a) or (b) of this
section and that is committed in a highway work zone shall be the
amount established under ORS 153.125 to 153.145 based on the
foundation amount calculated under ORS 153.131. The minimum fine
for a person convicted of an offense that is listed in subsection
(3)(a) or (b) of this section and that is committed in a highway
work zone is the base fine amount so calculated.
(b) The minimum fine for a person convicted of a misdemeanor
offense that is listed in subsection (3)(c) to (g) of this
section and that is committed in a highway work zone is 20
percent of the maximum fine established for the offense.
(c) The minimum fine for a person convicted of a felony offense
that is listed in subsection (3)(c) to (g) of this section and
that is committed in a highway work zone is two percent of the
maximum fine established for the offense.
(3) This section applies to the following offenses if committed
in a highway work zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(g) Fleeing or attempting to elude a { - police - }
{ + peace + } officer { + in the first or second degree + },
as defined in { - ORS 811.540 - } { + section 2 or 3 (1)(a)
of this 2001 Act + }.
(4) A court shall not waive, reduce or suspend the base fine
amount or minimum fine required by this section.
(5) When a highway work zone is created, the agency, contractor
or company responsible for the work may post signs designed to
give motorists notice of the provisions of this section.
SECTION 23. { + ORS 811.540 is repealed. + }
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