71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 472
Sponsored by Senators COURTNEY, MINNIS; Senator CORCORAN
CHAPTER ................
AN ACT
Relating to crime; creating new provisions; and amending ORS
137.654 and 811.705.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 811.705 is amended to read:
811.705. (1) A person commits the offense of failure to perform
the duties of a driver to injured persons if the person is the
driver of any vehicle involved in an accident that results in
injury or death to any person and does not do all of the
following:
(a) Immediately stop the vehicle at the scene of the accident
or as close thereto as possible. Every stop required under this
paragraph shall be made without obstructing traffic more than is
necessary.
(b) Remain at the scene of the accident until the driver has
fulfilled all of the requirements under this subsection.
(c) Give to the other driver or surviving passenger or any
person not a passenger who is injured as a result of the accident
the name and address of the driver and the registration number of
the vehicle that the driver is driving and the name and address
of any other occupants of the vehicle.
(d) Upon request and if available, exhibit and give to the
persons injured or to the occupant of or person attending any
vehicle damaged the number of any document issued as official
evidence of a grant of driving privileges.
(e) Render to any person injured in the accident reasonable
assistance, including the conveying or the making of arrangements
for the conveying of such person to a physician, surgeon or
hospital for medical or surgical treatment, if it is apparent
that such treatment is necessary or if such conveying is
requested by any injured person.
(f) Remain at the scene of an accident until a police officer
has arrived and has received the required information, if all
persons required to be given information under paragraph (c) of
this subsection are killed in the accident or are unconscious or
otherwise incapable of receiving the information. The requirement
of this paragraph to remain at the scene of an accident until a
police officer arrives does not apply to a driver who needs
immediate medical care, who needs to leave the scene in order to
secure medical care for another person injured in the accident or
who needs to leave the scene in order to report the accident to
the authorities, so long as the driver who leaves takes
Enrolled Senate Bill 472 (SB 472-B) Page 1
reasonable steps to return to the scene or to contact the nearest
police agency.
(2) { + (a) Except as otherwise provided in paragraph (b) of
this subsection, + } the offense described in this section,
failure to perform the duties of a driver to injured persons, is
a Class C felony and is applicable on any premises open to the
public.
{ + (b) Failure to perform the duties of a driver to injured
persons is a Class B felony if a person suffers serious physical
injury as defined in ORS 161.015 or dies as a result of the
accident. + }
SECTION 2. { + The Oregon Criminal Justice Commission shall
classify the crime of failure to perform the duties of a driver
to injured persons as crime category 8 of the sentencing
guidelines grid of the commission if a person suffers serious
physical injury as defined in ORS 161.015 or dies as a result of
the accident that forms the basis of the conviction. + }
SECTION 3. { + (1) The Seventy-first Legislative Assembly
approves the adoption by the Oregon Criminal Justice Commission
of OAR 213-017-0000, 213-017-0001, 213-017-0002, 213-017-0003,
213-017-0004, 213-017-0005, 213-017-0006, 213-017-0007,
213-017-0008, 213-017-0009, 213-017-0010, 213-017-0011,
213-018-0000, 213-018-0005, 213-018-0010, 213-018-0015,
213-018-0020, 213-018-0025, 213-018-0030, 213-018-0035,
213-018-0040, 213-018-0045, 213-018-0050, 213-018-0055,
213-018-0060, 213-018-0065, 213-018-0070, 213-018-0075,
213-018-0080, 213-018-0085, 213-019-0000, 213-019-0001,
213-019-0002, 213-019-0003 and 213-019-0004.
(2) The Seventy-first Legislative Assembly approves the
amendments by the Oregon Criminal Justice Commission to OAR
213-001-0000, 213-001-0005, 213-003-0001 (14) to (16),
213-004-0002, 213-004-0009, 213-004-0010, 213-005-0001,
213-005-0002, 213-005-0004, 213-005-0007, 213-005-0008,
213-005-0011, 213-008-0003, 213-008-0005, 213-009-0002,
213-010-0002, 213-011-0003, 213-012-0010, 213-012-0020,
213-012-0030 and 213-013-0010. + }
SECTION 4. ORS 137.654 is amended to read:
137.654. (1) There is established the Oregon Criminal Justice
Commission consisting of { - seven members appointed by - }
{ + nine members. + } The Governor { + shall appoint seven
members who are + } { - , - } subject to confirmation by the
Senate pursuant to section 4, Article III of the Oregon
Constitution. { + The President of the Senate shall appoint one
state Senator as a nonvoting member. The Speaker of the House of
Representatives shall appoint one state Representative as a
nonvoting member. + } Members serve at the pleasure of the
{ - Governor - } { + appointing authority + }. The Governor
shall appoint members of the commission consistent with the
following:
(a) Members shall be appointed with consideration of the
different geographic regions of the state.
(b) Not more than four members may belong to the same political
party. Party affiliation is determined by the appropriate entry
on official election registration cards.
(2)(a) The term of office of each member is four years { + or
until the end of a legislative member's legislative term,
whichever occurs first + }. Before the expiration of the term of
a member, the { - Governor - } { + appointing authority + }
shall appoint a successor whose term begins immediately upon the
expiration of the term of the current member. A member is
Enrolled Senate Bill 472 (SB 472-B) Page 2
eligible for reappointment but may serve no more than two
consecutive terms.
(b) In case of a vacancy for any cause, the { - Governor - }
{ + appointing authority + } shall appoint a person to fill the
office for the unexpired term. When a person is appointed under
this paragraph, the unexpired term may not be considered for
purposes of the limitation to two consecutive terms of service.
(3) The Governor shall appoint one of the commissioners as
chairperson, to serve at the pleasure of the Governor. The
members of the commission shall elect from among themselves a
vice chairperson who shall preside over meetings and exercise the
functions of the chairperson during absence or disability of the
chairperson. The chairperson and vice chairperson shall execute
the duties determined by the commission to be necessary.
(4) The chairperson shall appoint one member, subject to the
approval of the commission, to serve on an executive committee
with the chairperson and vice chairperson. The executive
committee may exercise the powers and responsibilities of the
commission between meetings of the commission. All action taken
by the executive committee not previously authorized must be
submitted to the commission for approval at the next regular or
special meeting.
(5) A majority of the { + voting + } members of the commission
constitutes a quorum for the transaction of business.
(6) The commission shall meet at least once a month, at a time
and place determined by the commission. The commission shall also
meet at such other times and places as are specified by the call
of the chairperson. If a majority of members, in writing, request
a special meeting, the chairperson shall designate a time for a
special meeting as requested.
(7) The Governor shall appoint an executive director for the
commission who shall be in the exempt service and who shall be
responsible for the performance of duties assigned by the
commission. Subject to the State Personnel Relations Law, the
executive director may employ appropriate staff to carry out the
duties assigned by the commission.
(8) Members of the commission are entitled to expenses as
provided in ORS 292.495. Subject to the availability of funds,
members of a committee established under ORS 137.658 who are not
commission members may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties, subject to ORS 292.495 (2). Any
legislative members are entitled to payment of compensation and
expense reimbursement under ORS 171.072, payable from funds
appropriated to the Legislative Assembly.
(9) The commission is subject to the provisions of ORS 291.201
to 291.222 and 291.232 to 291.260.
(10) The commission shall consult with and seek advice and
counsel of the Chief Justice of the Supreme Court and the State
Court Administrator on any matter that impacts the operation of
the courts. The Chief Justice may have a representative
participate in any meeting of the commission.
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Enrolled Senate Bill 472 (SB 472-B) Page 3
Passed by Senate June 28, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 1, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 472 (SB 472-B) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 472 (SB 472-B) Page 5