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 850-2
A-Engrossed
Senate Bill 432
Ordered by the House May 29
Including House Amendments dated May 29
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 Governor John A. Kitzhaber,
M.D., for Department of Transportation)
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.
Authorizes Department of Transportation to determine by rule
which traffic offenses count toward determining habitual offender
status. { + Allows department to restrict driving privileges for
specified numbers of repeated offenses. + }
Declares emergency, effective { - on passage - } { + July
1, 2001 + }.
A BILL FOR AN ACT
Relating to habitual traffic offenders; creating new provisions;
amending ORS 809.600 and 809.610; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 officer under ORS
811.540.
(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 - } { + specified in the rules of the
department adopted under section 3 of this 2001 Act + }.
(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 2. { + Section 3 of this 2001 Act is added to and made
a part of ORS 809.600 to 809.660. + }
SECTION 3. { + The Department of Transportation shall adopt
rules specifying which traffic offenses count for the purpose of
determining that a person is a habitual offender under ORS
809.600 (2) because the person has been convicted of 20 or more
traffic offenses. + }
SECTION 4. { + (1) Section 3 of this 2001 Act and the
amendments to ORS 809.600 by section 1 of this 2001 Act become
operative on January 1, 2002.
(2) Prior to the operative date of section 3 of this 2001 Act,
the Department of Transportation shall adopt rules required by
section 3 of this 2001 Act. + }
SECTION 5. { + (1) A conviction obtained prior to the
operative date of the amendments to ORS 809.600 (2) by section 1
of this 2001 Act, for an offense specified in ORS 809.600 (2)
(1999 Edition) that is not an offense specified in rules of the
Department of Transportation adopted under section 3 of this 2001
Act, shall be considered one of the 20 or more convictions
required for habitual offender status under the same
circumstances the conviction would have been considered if ORS
809.600 (2) had not been amended by section 1 of this 2001 Act.
(2) A conviction obtained prior to the operative date of
section 3 of this 2001 Act for an offense that is determined by
the department by rule under section 3 of this 2001 Act to count
for the purpose of determining habitual offender status, but that
is not an offense listed in ORS 809.600 (2) (1999 Edition), shall
not be considered one of the 20 or more convictions required for
habitual offender status. + }
SECTION 6. ORS 809.610 is amended to read:
809.610. (1) When the Department of Transportation receives an
abstract of the conviction, under ORS 810.375, and the conviction
is the second one of those described by ORS 809.600 (1) for the
person { + or the 19th of those described by ORS 809.600 (2) for
the person + }, the department { - immediately shall attempt to
notify the licensee and offer the licensee an opportunity of an
advisory meeting with a representative of the department. The
notice shall be accomplished by mailing the notice by first class
mail. - }
{ - (2) If the licensee requests a meeting under subsection
(1) of this section, the meeting shall be held in the county
wherein the licensee resides. At the meeting, the department
shall advise the licensee of the provisions of the Habitual
Traffic Offenders Act and of the availability of educational
programs for driver improvement. - } { + may restrict the
person's driving privileges and shall send the person notice of
the restrictions by first class mail.
(2) A person notified under subsection (1) of this section of
restrictions placed on the person's driving privileges may
request a meeting with a representative of the department to
determine whether the restrictions may be lifted. + }
SECTION 7. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on July 1,
2001. + }
----------