72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to HB 2885
 
LC 2879/HB 2885-1
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2885
 
                    By COMMITTEE ON JUDICIARY
 
                             May 19
 
  On page 1 of the printed bill, line 3, after '809.235 ' insert
', 811.182'.
  On page 2, after line 14, insert:
  '  { +  SECTION 3. + } 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
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 B 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 - }  { +  or revocation resulting
from misdemeanor  + }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
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.'.
  Delete line 15 and insert:
  '  { +  SECTION 4. + } The amendments to ORS 809.235, 811.182
and 813.400 by sections 1 to 3 of this 2003'.
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