71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 492
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to motor vehicles; amending ORS 809.235, 811.182,
813.400, 813.602 and 813.606.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.235 is amended to read:
809.235. (1) { + (a) + } Notwithstanding ORS 809.410 (1), the
court shall order that a person's driving privileges be
permanently revoked if the person is convicted of any degree of
murder or of manslaughter in the first degree and the court finds
that the person intentionally used a motor vehicle as a dangerous
weapon resulting in the death of the victim. { +
(b) The court shall order that a person's driving privileges be
permanently revoked if the person is convicted of felony driving
while under the influence of intoxicants under ORS 813.010. + }
(2) No sooner than 10 years after a person whose privileges are
revoked as described in subsection (1) of this section is
released on parole or post-prison supervision, the person may
file a petition in the circuit court of the county in which the
person resides for an order restoring the person's driving
privileges. The district attorney of the county shall be named
and served as the respondent in the petition.
(3) The court shall hold a hearing on a petition filed in
accordance with subsection (2) of this section. In determining
whether to grant the petition, the court shall consider:
(a) The nature of the offense for which driving privileges were
revoked.
(b) The degree of violence involved in the offense.
(c) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that resulted in
the revocation.
(d) The recommendation of the person's parole officer, which
shall be based in part on a psychological evaluation ordered by
the court to determine whether the person is presently a threat
to the safety of the public.
(e) Any other relevant factors.
(4) If, after a hearing described in subsection (3) of this
section, the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
order the petitioner's driving privileges restored.
SECTION 2. 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
Enrolled Senate Bill 492 (SB 492-A) Page 1
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 { + or if the revocation resulted
from a conviction for felony driving while under the influence of
intoxicants + }.
(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
officer under ORS 811.540.
(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
Enrolled Senate Bill 492 (SB 492-A) Page 2
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 3. ORS 813.400 is amended to read:
813.400. { - Driving any vehicle upon any highway or on
premises open to the public while under the influence of
intoxicants constitutes grounds for suspension of driving
privileges. The following apply to this section: - }
(1) Upon receipt of a record of conviction for { - an offense
described in this section - } { + misdemeanor driving while
under the influence of intoxicants + }, the Department of
Transportation shall suspend the driving privileges or right to
apply for driving privileges { + of the person convicted + }.
{ - (2) - } The suspension shall be for a period described
under Schedule II of ORS 809.420, except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
{ - (3) - } A person is entitled to administrative review of
a suspension imposed under this { - section - } { +
subsection + }. { +
(2) A person convicted of felony driving while under the
influence of intoxicants is subject to revocation of driving
privileges as provided in ORS 809.235. + }
SECTION 4. ORS 813.602 is amended to read:
813.602. (1) When a person is convicted of driving while under
the influence of intoxicants in violation of ORS 813.010 or of a
municipal ordinance, the Department of Transportation, in
addition to any other requirement, shall require that an approved
ignition interlock device be installed and used in any vehicle
operated by the person:
(a) Before the person is eligible for a hardship permit. The
requirement shall become a condition of the hardship permit for
the duration of the hardship permit.
(b) For the first six months after the ending date of the
suspension { + or revocation + } caused by the conviction.
Violation of the condition imposed under this paragraph is a
Class A traffic violation.
(2) If the court determines that approved ignition interlock
devices are reasonably available, the court may require as a
condition of a driving while under the influence of intoxicants
diversion agreement that an approved ignition interlock device be
installed in any vehicle operated by the person. Courts shall not
exercise authority under this subsection during any period the
courts have notice from the Office of Economic Analysis of the
Oregon Department of Administrative Services that there are not
sufficient moneys in the Intoxicated Driver Program Fund to pay
the costs under subsection (4) of this section. The Office of
Economic Analysis of the Oregon Department of Administrative
Services shall not issue any notice under this subsection if
federal funds are available to pay the cost of the interlock
devices for indigents and costs of analysis of the use of
interlock devices.
(3) Except as provided in subsection (4) of this section, if an
ignition interlock system is ordered or required under subsection
(1) or (2) of this section, the person so ordered or required
shall pay to the provider the reasonable costs of leasing,
installing and maintaining the device. A payment schedule may be
established for the person by the department.
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(4) The department may waive, in whole or in part, or defer the
defendant's responsibility to pay all or part of the costs under
subsection (3) of this section if the defendant meets the
criteria for indigence established for waiving or deferring such
costs under subsection (5) of this section. If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection (3) of this section
shall be paid from the Intoxicated Driver Program Fund.
(5) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs
described under subsection (3) of this section for indigence. The
criteria shall be consistent with the standards for indigence
adopted by the federal government for purposes of the food stamp
program.
(6) At the end of the suspension { + or revocation + }
resulting from the conviction, the department shall suspend the
driving privileges or right to apply for driving privileges of a
person who has not submitted proof to the department that an
ignition interlock device has been installed when required under
subsection (1)(b) of this section, or who tampers with an
ignition interlock device after it has been installed. The
suspension shall continue until six months after the ending date
of the suspension resulting from the conviction. A person whose
driving privileges or right to apply for privileges is suspended
under this subsection is entitled to administrative review, as
described in ORS 809.440, of the action.
(7) The department shall adopt rules permitting medical
exemptions from the requirements of installation and use of an
ignition interlock device under subsection (1) of this section.
SECTION 5. ORS 813.606 is amended to read:
813.606. Notwithstanding ORS 813.604, if a person is required,
in the course and scope of the person's employment, to operate a
motor vehicle owned by the person's employer, the person may
operate that vehicle without installation of an ignition
interlock device if:
(1) The employer has been notified that the employee is
operating with a hardship permit restricted as provided in ORS
813.604 or the employee is operating on a fully reinstated
license within the first six months following suspension { + or
revocation + } for driving while under the influence of
intoxicants; and
(2) The employee has proof of the notification or fully
reinstated license in the possession of the employee while
operating the employer's vehicle in the course of employment.
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Enrolled Senate Bill 492 (SB 492-A) Page 4
Passed by Senate June 4, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 30, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 492 (SB 492-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 492 (SB 492-A) Page 6