72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2885
Sponsored by Representatives BARKER, MILLER, AVAKIAN;
Representatives ACKERMAN, ANDERSON, BARNHART, BATES, BERGER,
DALTO, DINGFELDER, GALLEGOS, GREENLICK, HANSEN, HASS, HUNT,
JENSON, KAFOURY, KITTS, KNOPP, KRIEGER, KRUMMEL, KRUSE, MABREY,
MACPHERSON, MARCH, MONNES ANDERSON, NOLAN, PATRIDGE, PROZANSKI,
RICHARDSON, SCHAUFLER, SHETTERLY, TOMEI, WESTLUND, WILLIAMS,
Senators BROWN, CORCORAN, DECKERT, DEVLIN, METSGER, MINNIS,
RINGO, B STARR
CHAPTER ................
AN ACT
Relating to driving while under the influence of intoxicants;
creating new provisions; and amending ORS 809.235, 811.182 and
813.400.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.400 is amended to read:
813.400. (1) { + Except as provided in subsection (2) of this
section, + } upon receipt of a record of conviction for
misdemeanor driving while under the influence of intoxicants, the
Department of Transportation shall suspend the driving privileges
or right to apply for driving privileges of the person convicted.
The suspension shall be for a period described under Schedule II
of ORS 809.420, except the department shall not reinstate any
driving privileges to the person until the person complies with
future responsibility filings. A person is entitled to
administrative review of a suspension imposed under this
subsection.
(2) A person convicted of felony driving while under the
influence of intoxicants { + , or a person convicted of
misdemeanor driving while under the influence of intoxicants for
the third time, + } is subject to revocation of driving
privileges as provided in ORS 809.235.
SECTION 2. ORS 809.235 is amended to read:
809.235. (1)(a) Notwithstanding ORS 809.410 (1), the court
shall order that a person's driving privileges be permanently
revoked if the person is convicted of any degree of murder or of
manslaughter in the first degree and the court finds that the
person intentionally used a motor vehicle as a dangerous weapon
resulting in the death of the victim.
(b) The court shall order that a person's driving privileges be
permanently revoked if the person is convicted of felony driving
while under the influence of intoxicants under ORS 813.010 { +
or if the person is convicted of misdemeanor driving while under
the influence of intoxicants under ORS 813.010 for a third
time + }.
Enrolled House Bill 2885 (HB 2885-A) Page 1
(2) No sooner than 10 years after a person whose privileges are
revoked as described in subsection (1) of this section is
released on parole or post-prison supervision, the person may
file a petition in the circuit court of the county in which the
person resides for an order restoring the person's driving
privileges. The district attorney of the county shall be named
and served as the respondent in the petition.
(3) The court shall hold a hearing on a petition filed in
accordance with subsection (2) of this section. In determining
whether to grant the petition, the court shall consider:
(a) The nature of the offense for which driving privileges were
revoked.
(b) The degree of violence involved in the offense.
(c) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that resulted in
the revocation.
(d) The recommendation of the person's parole officer, which
shall be based in part on a psychological evaluation ordered by
the court to determine whether the person is presently a threat
to the safety of the public.
(e) Any other relevant factors.
(4) If, after a hearing described in subsection (3) of this
section, the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
order the petitioner's driving privileges restored.
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.
Enrolled House Bill 2885 (HB 2885-A) Page 2
(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.
SECTION 4. { + The amendments to ORS 809.235, 811.182 and
813.400 by sections 1 to 3 of this 2003 Act apply to persons
whose third conviction of misdemeanor driving while under the
influence of intoxicants occurs on or after the effective date of
this 2003 Act. + }
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Enrolled House Bill 2885 (HB 2885-A) Page 3
Passed by House April 9, 2003
Repassed by House May 23, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 21, 2003
...........................................................
President of Senate
Enrolled House Bill 2885 (HB 2885-A) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2885 (HB 2885-A) Page 5