72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to A-Eng. SB 183
 
LC 773/SB 183-A5
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 183
 
            By COMMITTEE ON RULES AND PUBLIC AFFAIRS
 
                            August 25
 
  On page 1 of the printed A-engrossed bill, line 2, after the
first semicolon delete the rest of the line and lines 3 through 5
and insert 'amending ORS 811.235.'.
  Delete lines 7 through 26 and delete pages 2 through 17 and
insert:
  '  { +  SECTION 1. + } If Senate Bill 179 becomes law, ORS
811.235, as amended by section 9, chapter 397, Oregon Laws 2003
(Enrolled Senate Bill 179), is amended to read:
  ' 811.235. (1)(a) If signs authorized by ORS 810.245 are
posted, the base fine amount for a person charged with an offense
that is listed in subsection (2)(a) or (b) of this section and
that is committed in a school zone { + , as described in
subsection (4) or (5) of this section, + } shall be the amount
established under ORS 153.125 to 153.145 based on the foundation
amount calculated under ORS 153.131. The minimum fine for a
person convicted of an offense that is listed in subsection
(2)(a) or (b) of this section and that is committed in a school
zone is the base fine amount so calculated.
  ' (b) If signs authorized by ORS 810.245 are posted, the
minimum fine for a person convicted of a misdemeanor offense that
is listed in subsection (2)(c) to (g) of this section and that is
committed in a school zone { + , as described in subsection (4)
of this section, + } is 20 percent of the maximum fine
established for the offense.
  ' (c) If signs authorized by ORS 810.245 are posted, the
minimum fine for a person convicted of a felony offense that is
listed in subsection (2)(c) to (g) of this section and that is
committed in a school zone { + , as described in subsection (4)
of this section, + } is two percent of the maximum fine
established for the offense.
  ' (2) This section applies to the following offenses if
committed in a school zone { + , as described in subsection (4)
or (5) of this section + }:
  ' (a)   { - Class A or Class B traffic violations - }  { +  Any
class of traffic violation related to exceeding a legal
speed + }.
  ' (b)   { - Class C or Class D - }   { + Class A or Class B + }
traffic violations { +  other than those + } related to exceeding
a legal speed.
  ' (c) Reckless driving, as defined in ORS 811.140.
  ' (d) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
  ' (e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
  ' (f) Criminal driving while suspended or revoked, as defined
in ORS 811.182.
  ' (g) Fleeing or attempting to elude a police officer, as
defined in ORS 811.540.
 
 
  ' (3) A court   { - shall - }   { + may + } not waive, reduce
or suspend the base fine amount or minimum fine required by this
section.
  ' (4) For purposes of this section, a traffic offense
  { - occurs - }   { + described in subsection (2)(b) to (g) of
this section is committed + } in a school zone if the offense
occurs while the motor vehicle is in a school zone, notice of the
school zone is indicated plainly by traffic control devices
conforming to the requirements established under ORS 810.200 and
posted under authority granted by ORS 810.210 and:
  ' (a) Children are present as described in ORS 811.124; or
  ' (b) A flashing light used as a traffic control device and
operated under ORS 811.106 indicates that children may be
arriving at or leaving school.
  '  { +  (5) For purposes of this section, a traffic offense
described in subsection (2)(a) of this section is committed in a
school zone if the offense occurs while the motor vehicle is in a
school zone, notice of the school zone is indicated plainly by
traffic control devices conforming to the requirements
established under ORS 810.200 and posted under authority granted
by ORS 810.210 and the school zone is a segment of highway
described in section 2 (1)(a), chapter 397, Oregon Laws 2003
(Enrolled Senate Bill 179), that is contiguous to a segment of
highway on which:
  ' (a) There is a posted speed of 30 miles per hour or less;
  ' (b) There is a speed limit of 30 miles per hour or less; or
  ' (c) A speed of 30 miles per hour or less is prima facie
evidence under ORS 811.105 of violation of the basic speed
rule. + } ' .
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