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 773
 
                           B-Engrossed
 
                         Senate Bill 183
                 Ordered by the House August 25
      Including House Amendments dated May 13 and August 25
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for the Department of Transportation)
 
 
                             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.
 
    { - Clarifies authority of road authorities to establish
designated speeds for certain highways. Removes references to
federal maximum speed limit. Consolidates speed limit
statutes. - }  { + Doubles fines for traffic violations related
to speeding if committed in specified kind of school zone. + }
 
                        A BILL FOR AN ACT
Relating to speed; amending ORS 811.235.
Be It Enacted by the People of the State of Oregon:
  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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