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 2444-1
A-Engrossed
House Bill 2900
Ordered by the House May 16
Including House Amendments dated May 16
Sponsored by Representative MILLER; Representatives ACKERMAN,
ANDERSON, BACKLUND, BARKER, BARNHART, BATES, BROWN, BUTLER,
DALTO, FLORES, JENSON, KNOPP, KRIEGER, KROPF, KRUMMEL, KRUSE,
MORGAN, PATRIDGE, TOMEI, WILLIAMS, Senators ATKINSON, BURDICK,
DEVLIN, GEORGE, HARPER, MINNIS, MORRISETTE, C STARR, WALKER (at
the request of Crime Victims United, Anne Pratt, Bruce Pratt,
Janet Lovelace)
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.
{ - Requires Department of Transportation to impose civil
penalty - } { + Creates traffic offense of refusing to take
breath test. Punishes with fine + } of at least $500 and not
more than $1,000 { - on - } { + in addition to other
consequences to + } person who refuses to take breath test. { +
Credits fines collected to State Police Account to be used for
enforcing laws concerning driving while under influence of
intoxicants. + }
A BILL FOR AN ACT
Relating to implied consent; creating new provisions; and
amending ORS 153.630, 801.010 and 813.130.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 813. + }
SECTION 2. { + (1) A person commits the offense of refusal to
take a breath test if the person refuses to take a breath test
when requested to do so in accordance with the provisions of ORS
813.100.
(2) The offense described in this section, refusal to take a
breath test, is a traffic offense punishable by a fine of at
least $500 and not more than $1,000. The fine described in this
section is in addition to any other consequence prescribed by law
for refusal to take a breath test. + }
SECTION 3. ORS 813.130 is amended to read:
813.130. This section establishes the requirements for
information about rights and consequences for purposes of ORS
813.100 and 813.410. The following apply to the information about
rights and consequences:
(1) The information about rights and consequences shall be
substantially in the form prepared by the Department of
Transportation. The department may establish any form it
determines appropriate and convenient.
(2) The information about rights and consequences shall be
substantially as follows:
(a) Driving under the influence of intoxicants is a crime in
Oregon, and the person is subject to criminal penalties if a test
under ORS 813.100 shows that the person is under the influence of
intoxicants. If the person refuses a test or fails, evidence of
the refusal or failure may also be offered against the person.
(b) The person will fail a test under ORS 813.100 for purposes
of criminal penalties if the test discloses a blood alcohol
content of .08 percent or more by weight. The person will fail a
test for purposes of the Motorist Implied Consent Law if the test
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.
(c) If the person refuses or fails a test under ORS 813.100,
the person's driving privileges will be suspended. The outcome of
a criminal charge for driving under the influence of intoxicants
will not affect the suspension. The suspension will be
substantially longer if the person refuses a test.
(d) If the person refuses a test or fails a breath test under
ORS 813.100 and has an Oregon driver license or permit, the
license or permit will be taken immediately and, unless the
person does not currently have full valid driving privileges, a
temporary driving permit will be issued to the person.
(e) If the person refuses a test under ORS 813.100, the person
will not be eligible for a hardship permit for at least 90 days,
and possibly for one year, depending on the person's driving
record. The person may possibly qualify for a hardship permit in
30 days if the person fails a test, depending on the person's
driving record.
{ + (f) If the person refuses a breath test under ORS
813.100, the person is subject to a fine of at least $500 and not
more than $1,000. + }
{ - (f) - } { + (g) + } After taking a test under ORS
813.100, the person will have a reasonable opportunity, upon
request, for an additional chemical test for blood alcohol
content to be performed at the person's own expense by a
qualified individual of the person's choosing.
{ - (g) - } { + (h) + } The person has a right to a hearing
to challenge the validity of the suspension before the suspension
becomes effective. The person must make a written request to the
department for such a hearing. If the person wins at the hearing,
the person's driving privileges will not be suspended. If the
person loses at the hearing, the suspension will remain in effect
during any court review of the hearing.
{ - (h) - } { + (i) + } The following times:
(A) If the person is issued a temporary driving permit under
ORS 813.100, the number of hours before the driving permit will
be effective and the number of days the permit will be effective.
(B) The number of days within which a person must request a
hearing under ORS 813.410.
(C) The number of days within which a hearing under ORS 813.410
will be held.
(3) If the person is driving a commercial motor vehicle, the
information about rights and consequences shall include, in
addition to the provisions of subsection (2) of this section,
substantially the following:
(a) If the person refuses a test under ORS 813.100 or submits
to a breath or blood test and the level of alcohol in the
person's blood is .04 percent or more by weight, the person's
commercial driver license or right to apply for a commercial
driver license will be suspended and no hardship permit
authorizing the person to drive a commercial motor vehicle will
be issued. The suspension will be substantially longer if the
person refuses a test.
(b) The suspension of the person's commercial driver license or
right to apply for a commercial driver license will be for the
person's lifetime if:
(A) The person refuses a test under ORS 813.100 or submits to a
breath or blood test and the level of alcohol in the person's
blood is .04 percent or more by weight; and
(B) The person's commercial driver license or right to apply
for a commercial driver license has previously been suspended
because the person was convicted of a crime punishable as a
felony, of failure to perform the duties of a driver or of
driving while under the influence of intoxicants or because the
person refused a previous test or submitted to a breath or blood
test and the level of alcohol in the person's blood was .04
percent or more by weight.
(4) Nothing in this section prohibits the department from
providing additional information concerning rights and
consequences that the department considers convenient or
appropriate.
SECTION 4. ORS 801.010 is amended to read:
801.010. (1) ORS chapters 801 to 826 may be cited as the Oregon
Vehicle Code.
(2) ORS 809.600 to 809.660 may be cited as the Habitual Traffic
Offenders Act.
(3) ORS 813.100, 813.131, 813.132, 813.140, 813.150, 813.310,
813.320 and 813.410 to 813.440 { + and section 2 of this 2003
Act + } may be cited as the Motorist Implied Consent Law.
SECTION 5. ORS 153.630 is amended to read:
153.630. (1) Costs and one-half of all fines collected in
traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation
payable to the county.
(c) If collected in a municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer,
as a monetary obligation payable to the city.
(2) The other half of such fines shall be paid as follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, including a city
marshal or a member of the police of a city, municipal or
quasi-municipal corporation, to be credited and distributed under
ORS 137.293 and 137.295 to the treasurer of the city, municipal
or quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision
of the state.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county
weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense
occurred, as a monetary obligation payable to that county and to
be credited to the general fund of that county.
(e) If resulting from prosecutions for parking in a winter
recreation parking location, to be credited and distributed under
ORS 137.293 and 137.295, as a monetary obligation payable to the
state.
(f) In other cases, to be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation to the same entity
to which payment is made of the half provided for in subsection
(1) of this section.
(3) If provisions of subsection (2)(b) or (e) of this section
are applicable, and if the fine or penalty imposed is remitted,
suspended or stayed, or the offender against whom the fine or
penalty was levied or imposed serves time in jail in lieu of
paying the fine or penalty or a part thereof, the committing
judge or magistrate shall certify the facts thereof in writing to
the State Court Administrator in the case of a circuit court or
the Department of Revenue in the case of a justice or municipal
court not later than the 10th day of the month next following the
month in which the fine was remitted or penalty suspended. If any
part of the fine is thereafter paid, it shall be remitted to the
judge or magistrate who imposed the fine or penalty, who shall
distribute it as provided in subsections (1) and (2) of this
section.
(4) If a fine is subject to division between two entities under
this section and a sentence to pay a fine is imposed by the
court, any remittance, suspension or stay of the fine portion of
the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
(5) Payment of fines and costs collected in a justice or
municipal court under this section shall be made within the first
20 days of the month following the month in which collected.
{ + (6) All fines collected as a result of citations issued
by a member of the Oregon State Police for a violation of section
2 of this 2003 Act and credited and distributed to the state
under subsections (1)(a) and (2)(a) of this section shall be
deposited in the State Police Account established in ORS 181.175
to be used by the Department of State Police for the enforcement
of laws concerning driving while under the influence of
intoxicants. + }
SECTION 6. { + Section 2 of this 2003 Act and the amendments
to ORS 813.130 by section 3 of this 2003 Act apply to persons
arrested for driving while under the influence of intoxicants on
or after the effective date of this 2003 Act. + }
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