72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 918
 
                         House Bill 2117
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for the Department of Justice)
 
 
                             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.
 
  Authorizes chemical test of driver's blood or urine, or both,
for presence of alcohol, controlled substance or inhalant
pursuant to search warrant.
 
                        A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants;
  amending ORS 813.140.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 813.140 is amended to read:
  813.140. Nothing in ORS 813.100 is intended to preclude the
administration of a chemical test described in this section. A
police officer may obtain a chemical test of the blood to
determine the amount of alcohol in any person's blood or a test
of the person's blood or urine, or both, to determine the
presence of a controlled substance or an inhalant in the person
 { - as provided in the following - } :
  (1) If, when requested by a police officer, the person
expressly consents to such a test.
  (2) Notwithstanding subsection (1) of this section, from a
person without the person's consent if:
  (a) The police officer has probable cause to believe that the
person was driving while under the influence of intoxicants and
that evidence of the offense will be found in the person's blood
or urine; and
  (b) The person is unconscious or otherwise in a condition
rendering the person incapable of expressly consenting to the
test or tests requested.
   { +  (3) Pursuant to a search warrant. + }
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