Chapter 100 Oregon Laws 2003

AN ACT

HB 3001

Relating to highway safety corridors; creating new provisions; amending sections 5, 5e and 6, chapter 1071, Oregon Laws 1999; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 6, chapter 1071, Oregon Laws 1999, as amended by section 3, chapter 421, Oregon Laws 2001, is amended to read:

Sec. 6. Section 5, chapter 1071, Oregon Laws 1999, is repealed on [December 31, 2003] January 1, 2008.

SECTION 2. Section 5e, chapter 1071, Oregon Laws 1999, as amended by section 2, chapter 421, Oregon Laws 2001, is amended to read:

Sec. 5e. The amendments to ORS 153.131 by section 5d, chapter 1071, Oregon Laws 1999, become operative on [December 31, 2003] January 1, 2008.

SECTION 3. Section 5, chapter 1071, Oregon Laws 1999, as amended by section 1, chapter 421, Oregon Laws 2001, is amended to read:

Sec. 5. (1) In order to determine the effect of increasing fines in safety corridors, the Department of Transportation shall post signs in [two] safety corridors chosen by the department indicating that fines for traffic offenses 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 chosen by the department under subsection (1) of this section 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 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 officer, as defined in ORS 811.540.

(4) A court may not waive, reduce or suspend the base fine amount or minimum fine required by this section.

SECTION 4. The amendments to section 5, chapter 1071, Oregon Laws 1999, by section 3 of this 2003 Act become operative on January 1, 2004.

SECTION 5. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor May 24, 2003

Filed in the office of Secretary of State May 27, 2003

Effective date May 24, 2003

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