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 2807
House Bill 2810
Sponsored by Representative PATRIDGE
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.
Allows conditional discharge for first-time offender guilty of
driving while under the influence of intoxicants. Repeals driving
while under the influence of intoxicants diversion program.
A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants;
creating new provisions; amending ORS 1.525, 40.015, 135.905,
746.265, 802.200, 802.220, 802.240, 813.025, 813.170, 813.270,
813.510 and 813.602; and repealing ORS 813.200, 813.210,
813.215, 813.220, 813.222, 813.225, 813.230, 813.235, 813.240,
813.250, 813.255 and 813.260.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 813.200, 813.210, 813.215, 813.220,
813.222, 813.225, 813.230, 813.235, 813.240, 813.250, 813.255 and
813.260 are repealed. + }
SECTION 2. { + Section 3 of this 2003 Act is added to and made
a part of ORS chapter 813. + }
SECTION 3. { + (1) Whenever a person pleads guilty to or is
found guilty of driving while under the influence of intoxicants
in violation of ORS 813.010, the court may defer further
proceedings and place the person on probation, upon motion of the
district attorney and without entering a judgment of guilt, if
the person:
(a) Consents to the disposition;
(b) Has not previously been convicted of driving while under
the influence of intoxicants in violation of ORS 813.010 or its
statutory counterpart in another jurisdiction; and
(c) Has not entered diversion under ORS 813.230 prior to the
effective date of section 1 of this 2003 Act.
(2) A district attorney may submit a motion under subsection
(1) of this section if, after considering the factors listed in
subsection (3) of this section, the district attorney finds that
disposition under this section would be in the interests of
justice and of benefit to the person and the community.
(3) In determining whether disposition under this section is in
the interests of justice and of benefit to the person and the
community, the district attorney shall consider at least the
following factors:
(a) Whether the offense involved injury to another person.
(b) Any special characteristics or difficulties of the person.
(c) Whether there is a probability that the person will
cooperate with and benefit from alternative treatment.
(d) Whether an available program is appropriate to the needs of
the person.
(e) The impact of the disposition upon the community.
(f) The recommendations, if any, of the involved law
enforcement agency.
(g) The recommendations, if any, of any victim.
(h) Any provisions for restitution.
(i) Any mitigating circumstances.
(4) Upon violation of a term or condition of probation, the
court may enter an adjudication of guilt and proceed as otherwise
provided. Upon the person's fulfillment of the terms and
conditions of probation, the court shall discharge the person and
dismiss the proceedings against the person. A discharge and
dismissal under this section is without adjudication of guilt and
is not a conviction for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime. A person
may be discharged and have proceedings dismissed only once under
this section. + }
SECTION 4. ORS 1.525 is amended to read:
1.525. (1) The Supreme Court shall adopt one or more forms for
the following purposes:
(a) A form of uniform violation citation for the purposes of
ORS 153.045;
(b) A form of uniform criminal citation without complaint for
the purposes of ORS 133.068;
(c) A form of uniform criminal citation with complaint for the
purposes of ORS 133.069; { + and + }
(d) Any form of uniform citation for categories of offenses as
the court finds necessary or convenient { + . + } { - ; and - }
{ - (e) A uniform petition for a driving while under the
influence of intoxicants diversion agreement for the purposes of
ORS 813.210. - }
(2) If changes are made to a uniform citation form under this
section, the Supreme Court shall make a reasonable effort to
minimize the financial impact of the changes on the state
agencies and political subdivisions of this state that use the
uniform citation form. Where possible, the effort to minimize the
financial impact shall include a reasonable time for the state
agencies and political subdivisions to exhaust their existing
supplies of the citation form before the changes become
effective.
(3) Except as provided in subsection (4) of this section, the
uniform citation forms adopted by the Supreme Court under this
section must be used by all enforcement officers, as defined in
ORS 153.005, when issuing a violation citation or criminal
citation.
(4) The uniform citation forms adopted by the Supreme Court
under this section need not be used for:
(a) Offenses created by ordinance or agency rule governing
parking of vehicles; or
(b) Offenses created by the ordinances of political
subdivisions.
SECTION 5. ORS 40.015 is amended to read:
40.015. (1) The Oregon Evidence Code applies to all courts in
this state except for:
(a) A tax court small claims procedure or a hearing or
mediation before a magistrate of the Oregon Tax Court as provided
by ORS 305.501;
(b) The small claims department of a circuit court as provided
by ORS 46.415; and
(c) The small claims department of a justice court as provided
by ORS 55.080.
(2) The Oregon Evidence Code applies generally to civil
actions, suits and proceedings, criminal actions and proceedings
and to contempt proceedings except those in which the court may
act summarily.
(3) ORS 40.225 to 40.295 relating to privileges apply at all
stages of all actions, suits and proceedings.
(4) ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply in
the following situations:
(a) The determination of questions of fact preliminary to
admissibility of evidence when the issue is to be determined by
the court under ORS 40.030.
(b) Proceedings before grand juries, except as required by ORS
132.320.
(c) Proceedings for extradition, except as required by ORS
133.743 to 133.857.
(d) Sentencing proceedings, except proceedings under ORS
138.012 and 163.150 or as required by ORS 137.090.
(e) Proceedings to revoke probation, except as required by ORS
137.090.
(f) Issuance of warrants of arrest, bench warrants or search
warrants.
(g) Proceedings under ORS chapter 135 relating to conditional
release, security release, release on personal recognizance, or
preliminary hearings, subject to ORS 135.173.
(h) Proceedings to determine proper disposition of a child in
accordance with ORS 419B.325 (2) and 419C.400 (3).
{ - (i) Proceedings under ORS 813.210, 813.215, 813.220,
813.230, 813.250 and 813.255 to determine whether a driving while
under the influence of intoxicants diversion agreement should be
allowed or terminated. - }
SECTION 6. ORS 135.905 is amended to read:
135.905. (1) Whenever a defendant accused of committing a crime
participates in a diversion agreement under ORS 135.881 to
135.901 or { - under ORS 813.210, 813.215, 813.220 and
813.230 - } { + is placed on probation under section 3 of this
2003 Act + }, the defendant, as a condition of the diversion { +
or probation + }, shall pay the unitary assessment for which the
defendant would have been liable under ORS 137.290 if the
defendant had been convicted. The district attorney, or the city
attorney if the case is prosecuted by the city attorney, shall
include in the diversion agreement a provision setting forth the
defendant's obligation. If the diversion is terminated and
criminal proceedings are resumed against defendant, any payment
made by the defendant under this subsection shall be refunded
upon subsequent acquittal of the defendant or dismissal of the
case.
(2) Assessments under this section shall be paid within 90 days
of imposition, unless the court allows payment at a later time.
The assessments shall be paid to the clerk of the court, who
shall account for and distribute the moneys as provided in ORS
137.293 and 137.295.
SECTION 7. ORS 746.265 is amended to read:
746.265. (1) Subject to subsection (2) of this section, when an
individual applies for a policy or a renewal of a policy of
casualty insurance providing automobile liability coverage,
uninsured motorist coverage, automobile medical payments coverage
or automobile physical damage coverage on an individually owned
passenger vehicle including pickup and panel trucks and station
wagons, the insurer may consider the abstract of the
nonemployment driving record of the individual under ORS 802.220:
(a) For the purpose of determining whether to issue or renew
the individual's policy.
(b) For the purpose of determining the rates of the
individual's policy.
(2) For the purposes specified in subsection (1) of this
section, an insurer issuing or renewing a policy described in
subsection (1) of this section shall not consider any:
(a) Accident or conviction for violation of motor vehicle laws
that occurred more than three years immediately preceding the
application for the policy or renewal of the policy;
(b) Diversion agreements under ORS 813.220 { + or probation
under section 3 of this 2003 Act + } { - that were - } entered
into more than three years immediately preceding the application
for the policy or renewal of the policy; or
(c) Suspension of driving privileges pursuant to ORS 809.280
(7) or (9) if the suspension is based on a nondriving offense.
(3) Subsection (2) of this section does not apply if an insurer
considers the nonemployment driving record of an individual under
ORS 802.220 for the purpose of providing a discount to the
individual.
SECTION 8. ORS 802.200 is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed even
if ORS 803.015 requires that the title does not indicate that the
vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
(6) The department shall maintain records on each manufactured
structure. The records required under this subsection shall
contain all of the following:
(a) The permanent registration plate number required under ORS
803.520.
(b) All transfers of ownership occurring after January 1, 1972.
(c) All movements indicated by trip permits filed with the
department.
(d) Information on manufactured structures subject to an
exemption under ORS 820.510 that the department determines
necessary.
(7) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(8) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
(9) The department shall maintain suitable records of driver
licenses and driver permits. The records required under this
subsection shall include all of the following:
(a) An index by name and number.
(b) Supporting documentation of all licenses or driver permits
issued.
(c) Every application for a driver license or driver permit.
(d) All licenses or driver permits that have been suspended or
revoked.
(e) For each commercial driver license, the social security
number of the person to whom the license is issued, or any other
number or identifying information that the Secretary of the
United States Department of Transportation determines appropriate
to identify the person.
(10) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment
driving record for each person as required under this subsection.
All of the following apply to the records required under this
subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
(b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents in which
the person is involved, all suspensions of driving privileges
required to be placed on the record under ORS 809.280, all
suspensions of the person's commercial driver license that result
from operation or use of a commercial motor vehicle and all
convictions of the person for violation of motor vehicle laws
except convictions for offenses requiring mandatory revocation or
suspension of driving privileges under ORS 809.410 and 813.400,
but shall include only such accidents, suspensions and
convictions that occur while the person is driving a motor
vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents;
(B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100, 811.110, 811.112 or 811.115,
the speed at which the person was convicted of traveling and the
posted or designated speed; and
(D) Diversion agreements entered into under ORS 813.220 { +
and probation granted under section 3 of this 2003 Act, + }
within the preceding 10 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license or permit issued by this state, the department
shall request a copy of the person's driving record from the
other jurisdiction. At the time the person is issued a license in
Oregon, the record from the other jurisdiction shall become part
of the driver's record in this state with the same force and
effect as though entered on the driver's record in this state in
the original instance. The department by rule may specify methods
for converting entries from out-of-state records for use in
Oregon.
(f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
(g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record
in such a way that police agencies can determine directly from
the record what class of offense, as provided by law, is
committed by a person who drives in violation of the suspension
or revocation. If the department and the Department of State
Police devise a mutually agreeable alternative method of
informing police agencies of the nature of a suspension or
revocation and the consequences of its violation, the
implementation of that method shall satisfy the duty of the
department under this paragraph.
(11) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
(12) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
(13) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
(14) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
SECTION 9. ORS 802.220 is amended to read:
802.220. (1) Except as otherwise provided in this subsection
and ORS 802.177, the records the Department of Transportation
maintains under ORS 802.200 on vehicles are public records. The
records of vehicles registered under ORS 805.060 are not public
records and are exempt from public inspection as provided under
ORS 181.540 and are for the confidential use of criminal justice
agencies described under ORS 181.010. The department may charge
the fee established under ORS 802.230 for furnishing information
under this section concerning a vehicle or its owner.
(2) The department may charge the fee established under ORS
802.230 for furnishing to the public information from the records
the department maintains under ORS 802.200 concerning driver
licenses or driver permits.
(3) The records the department keeps under ORS 802.200 on
judgments or convictions under ORS 810.375 shall be open to the
inspection of any person during reasonable business hours.
Nothing in this subsection authorizes the release of personal
information as defined in ORS 802.175.
(4) The department shall upon request furnish any person
certified abstracts of the employment driving record and the
nonemployment driving record of any person whose driving records
are maintained under ORS 802.200. If an abstract of the
employment driving record is not specifically requested, the
department shall only furnish an abstract of the nonemployment
driving record. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175. The
department shall collect the fee established for abstracts of
driving records under ORS 802.230. A certified abstract issued
under this section shall not contain any of the following, unless
the abstract is being requested under ORS 746.265 (3):
(a) Any accident or conviction for violation of motor vehicles
laws that occurred more than three years immediately preceding a
request for abstract.
(b) Any suspension ordered under ORS 809.220 after the
department has received notice to terminate the suspension under
ORS 809.220.
(c) Any diversion agreement under ORS 813.220 { + or probation
under section 3 of this 2003 Act + } entered into more than three
years immediately preceding a request for the abstract.
(5) Except as otherwise provided in this subsection, accident
reports filed with the department under ORS 811.725, 811.730 or
811.735 shall be without prejudice to the individual filing the
report and shall be for the confidential use of state
administrative and enforcement agencies. The department may use
the confidential accident reports to provide the following
information to the persons described:
(a) Upon request, the department shall disclose the following
information to any party involved in the accident or to their
personal representative or any member of the family of a party
involved in the accident:
(A) The identity of the owner, driver, occupants and the
registration number of a vehicle involved in the accident;
(B) The names of any companies insuring the owner or driver of
a vehicle involved in the accident; and
(C) The names of any witnesses to the accident.
(b) The department shall furnish a certificate showing that a
specified accident report has or has not been made to the
department upon demand of any person who has or claims to have
made such a report or upon demand of a court.
(6) The department shall tabulate and may analyze all accident
reports to develop statistical information based thereon as to
the number and circumstances of traffic accidents. The department
shall publish information compiled under this section in the
manner provided under ORS 802.050.
(7) Except as otherwise provided in this subsection, the
records the department is required under ORS 802.200 to maintain
on trip permits issued under ORS 803.600 are public records. The
department may charge a fee established under ORS 802.230 for
furnishing information from the records on trip permits. Nothing
in this subsection authorizes the release of personal information
as defined in ORS 802.175.
(8) The records the department maintains under ORS 802.200
concerning odometer readings for vehicles are public records. The
department may separately furnish information concerning odometer
readings shown by its records. The department may charge the fee
established under ORS 802.230 for information separately provided
under this subsection. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175.
SECTION 10. ORS 802.240 is amended to read:
802.240. (1) In all actions, suits or criminal proceedings when
the title to, or right of possession of, any vehicle is involved,
the record of title, as it appears in the files and records of
the Department of Transportation, is prima facie evidence of
ownership or right to possession of the vehicle. As used in this
section, the record of title does not include records of salvage
titles unless the record itself is the salvage title. Proof of
the ownership or right to possession of a vehicle shall be made
by means of any of the following methods:
(a) The original certificate of title as provided under ORS
803.010.
(b) A copy, certified by the department, of the title record of
the vehicle as the record appears in the files and records of the
department.
(2) Extrinsic evidence of authenticity is not required as a
condition precedent to the admission of a copy of a document
relating to the privilege of any person to drive a motor vehicle
authorized by law to be filed and actually filed in the records
of the department if the copy bears a seal purporting to be that
of the department and is certified as a true copy by original or
facsimile signature of a person purporting to be an officer or
employee of the department. This subsection applies to copies of
a data compilation in any form. Copies of documents certified in
accordance with this subsection constitute prima facie evidence
of the existence of the facts stated therein.
(3) A certified copy of a person's driving record, as
maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding
under { - ORS 813.200 to 813.270 - } { + section 3 of this
2003 Act + }.
(b) Is prima facie evidence that the person named therein was
duly convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is
participating in or has participated in a driving under the
influence of intoxicants diversion program or in any similar
alcohol or drug rehabilitation program in this state or in any
other jurisdiction if the record shows that the person has
participated in such a program.
(4) Records and actions described in this subsection shall not
be referred to in any way or admitted into evidence or be any
evidence of the negligence or due care of any party at the trial
of any action at law to recover damages. This subsection applies
to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a
driver license or driver permit or taken by the department under
the financial responsibility requirements of the vehicle code or
the findings, if any, of the department upon which such action of
the department is based.
(c) Any deposit of security required under the financial
responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports
filed with the department under ORS 811.725, 811.730 or 811.735
shall be without prejudice to the individual filing the report
and no such report shall be used as evidence in any trial, civil
or criminal, arising out of an accident. The following uses are
allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220
to show whether or not an accident report has been made to the
department shall be used solely to prove a compliance or failure
to comply with the requirements that the accident report be made
to the department.
(b) An accident report submitted under ORS 811.725 or 811.735
may be used in an administrative hearing or an appeal from such
hearing to support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or
811.735.
(B) Failure to comply with financial responsibility
requirements or failure to comply with future responsibility
filings.
(6) A photocopy, facsimile copy, digital or electronic copy of
an application for perfection of a security interest by notation
on a title under ORS 803.097 or 820.591 that is certified by the
department is proof of the date of perfection of the security
interest unless the date is invalid as provided under ORS
803.097.
SECTION 11. ORS 813.025 is amended to read:
813.025. A court may designate a single agency or organization
to perform the screening interviews and treatment programs
described in ORS 813.021 { - , or the diagnostic assessment and
treatment described in ORS 813.260 (1) - } when the Director of
Human Services certifies that:
(1) An agency or organization may accept such designations due
to the lack of alternative agencies or organizations in the
service area; or
(2) An agency or organization has applied to and been
authorized by the Director of Human Services to operate a
demonstration project that combines screening interviews and
treatment programs { - or diagnostic assessment and
treatment - } . The Director of Human Services shall by rule set
forth the conditions under which a demonstration project may be
authorized.
SECTION 12. ORS 813.170 is amended to read:
813.170. { - (1) - } Notwithstanding ORS 135.405 to 135.445,
a person charged with the offense of driving under the influence
of intoxicants shall not be allowed to plead 'guilty' or 'no
contest' to any other offense in exchange for a dismissal of the
offense charged. No district attorney or city attorney shall make
any motion and no judge shall enter any order in derogation of
this section. { - This section does not prohibit diversion as
provided under ORS 813.200. - }
{ - (2) Notwithstanding ORS 135.881 to 135.901, a person
charged with the offense of driving under the influence of
intoxicants shall not be allowed to enter into any program of
supervised performance or diversion except as provided under ORS
813.200. - }
SECTION 13. ORS 813.270 is amended to read:
813.270. The Intoxicated Driver Program Fund is created to
consist of moneys placed in the fund under ORS 813.030 { - and
813.240 - } or as otherwise provided by law and of gifts and
grants made to the fund for carrying out the purposes of the
fund. The moneys in the fund may be used only for the following
purposes:
{ - (1) To pay for providing treatment for individuals who
enter diversion agreements under ORS 813.200 and who are found to
be indigent. Payment for treatment under this subsection may
include treatment for problem drinking, alcoholism or drug
dependency. Payment shall be made as provided by the Director of
Human Services by rule to agencies or organizations providing
treatment. - }
{ - (2) To pay for evaluation as provided by law of programs
used for diversion agreements. - }
{ - (3) - } { + (1) + } To pay the cost of administration
of the fund by the Director of Human Services.
{ - (4) To pay for materials, resources and training supplied
by the Director of Human Services to those persons, organizations
or agencies performing the diagnostic assessments or providing
education or treatment to persons under diversion agreements. - }
{ - (5) - } { + (2) + } To pay for providing treatment
programs required under ORS 813.020 and treatment or information
programs required under ORS 471.432 for individuals who are found
to be indigent.
{ - (6) - } { + (3) + } To pay for special services
required to enable a disabled person, or a person whose
proficiency in the use of English is limited because of the
person's national origin, to participate in treatment programs
that are { - used for diversion agreements under ORS 813.200 or
are - } required under ORS 813.020. This subsection applies:
(a) Whether or not the person is indigent; and
(b) Only to special services required solely because of the
person's disability or limited proficiency in the use of English.
SECTION 14. ORS 813.510 is amended to read:
813.510. This section establishes limitations that the
Department of Transportation is required or permitted to place on
hardship permits issued under ORS 807.240 to persons whose
suspension is based upon a conviction for driving under the
influence of intoxicants or upon ORS 813.100. Limitations placed
on a hardship permit under this section are in addition to any
limitations placed on the permit under ORS 807.240. A person's
permit is subject to suspension or revocation as provided under
ORS 807.240 if the department determines that the holder of the
permit has violated any limitation placed upon the permit under
this section. Violation of a limitation under this section is
punishable as provided by ORS 811.175 or 811.182. The limitations
are as described in the following:
(1) A hardship permit issued to the person shall limit the
person's driving privileges:
(a) To the times, places, routes and days the department
determines to be minimally necessary for the person to retain
employment, to attend any alcohol treatment or rehabilitation
program or to obtain required medical treatment for the person or
a member of the person's immediate family; and
(b) To times, places, routes and days that are specifically
stated.
(2) The person's driving privileges under the permit are
subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative
rules of the department, during the term of the permit.
(3) If the person is in a rehabilitation program under ORS
813.500, the person must complete the rehabilitation program.
(4) The department may require the person to complete a driver
improvement program under ORS 809.480 as a condition of the
permit.
{ - (5) If the person is involved in a diversion agreement
under ORS 813.220 and 813.230, the department may require the
person to successfully complete the diversion program as a
condition of retaining the permit. - }
{ - (6) - } { + (5) + } The department shall condition the
permit so that the permit will be revoked if the person is
convicted of any of the following:
(a) Reckless driving under ORS 811.140.
(b) Driving under the influence of intoxicants under ORS
813.010.
(c) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(d) Fleeing or attempting to elude a police officer under ORS
811.540.
(e) Driving while suspended or revoked under ORS 811.175 or
811.182.
SECTION 15. 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) - } { + (2) + } Except as provided in subsection
{ - (4) - } { + (3) + } 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.
{ - (4) - } { + (3) + } 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) - } { + (2) + } of
this section if the defendant meets the criteria for indigence
established for waiving or deferring such costs under subsection
{ - (5) - } { + (4) + } of this section. If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection
{ - (3) - } { + (2) + } of this section shall be paid from
the Intoxicated Driver Program Fund.
{ - (5) - } { + (4) + } The department, by rule, shall
establish criteria and procedures it will use for qualification
to waive or defer costs described under subsection { - (3) - }
{ + (2) + } 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) - } { + (5) + } 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) - } { + (6) + } 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 16. { + Section 3 of this 2003 Act, the amendments to
statutes by sections 4 to 15 of this 2003 Act and the repeal of
statutes by section 1 of this 2003 Act apply to violations of ORS
813.010 occurring on and after the effective date of this 2003
Act. + }
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