72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2261
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Office of the Governor)
CHAPTER ................
AN ACT
Relating to ignition interlock devices; amending ORS 813.602; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 - } { + is + } 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 - } { + may + } 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 - } { + may + } 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.
Enrolled House Bill 2261 (HB 2261-A) Page 1
(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 - } { + must + } 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 - } { + must + } 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. { + If
the suspension is for failing to submit proof of installation,
the suspension continues until the department receives proof that
the ignition interlock device has been installed or until six
months after the ending date of the suspension resulting from the
conviction, whichever comes first. If the suspension is for
tampering with an ignition interlock device, + }the suspension
{ - shall continue - } { + continues + } 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 2. { + 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. + }
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Enrolled House Bill 2261 (HB 2261-A) Page 2
Passed by House February 5, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 4, 2003
...........................................................
President of Senate
Enrolled House Bill 2261 (HB 2261-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2261 (HB 2261-A) Page 4