72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 302
 
LC 1540/SB 302-5
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 302
 
                    By COMMITTEE ON JUDICIARY
 
                             May 16
 
  On page 1 of the printed bill, line 22, after 'guilty ' insert
'or no contest'.
  On page 2, line 12, after 'pay' insert 'court-appointed'.
  Delete lines 13 through 35 and insert:
  '  { +  SECTION 2. + } ORS 813.210 is amended to read:
  ' 813.210. (1) After an accusatory instrument has been filed
charging the defendant with the offense of driving while under
the influence of intoxicants, a defendant may file with the court
a petition for a driving while under the influence of intoxicants
diversion agreement described in ORS 813.200. The petition:
  ' (a) Must be filed within 30 days after the date of the
defendant's first appearance on the summons, unless a later
filing date is allowed by the court upon a showing of good
cause. { +  For purposes of this paragraph, the filing of a
demurrer, a motion to suppress or a motion for an omnibus hearing
does not constitute good cause. + }
  ' (b) Notwithstanding paragraph (a) of this subsection, may not
be filed after entry of a guilty plea or a no contest plea or
after commencement of any trial on the charge whether or not a
new trial or retrial is ordered for any reason.
  ' (2) The defendant shall pay to the court, at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement, a filing fee established under
ORS 813.240. The court may make provision for payment of the
filing fee by the defendant on an installment basis. The court
may waive all or part of the filing fee in cases involving
indigent defendants. The filing fee paid to the court under this
subsection shall be retained by the court if the petition is
allowed. The filing fee shall be distributed as provided by ORS
813.240.
  ' (3) The defendant shall pay to the agency or organization
providing the diagnostic assessment, at the time the petition is
allowed, the fee required by ORS 813.240 (2).
  '  { +  (4)(a) Unless otherwise provided under paragraph (b) of
this subsection, the defendant shall pay to the court any
court-appointed attorney fees agreed to under ORS 813.200 (4)(i).
Payments shall be made prior to the end of the diversion period
on a schedule determined by the court.
  ' (b) The court may waive all or part of the court-appointed
attorney fees agreed to under ORS 813.200 (4)(i). + }
  '  { - (4) - }   { + (5) + } The defendant shall cause a copy
of the petition for a driving while under the influence of
intoxicants diversion agreement to be served upon the district
attorney or city attorney. The district attorney or city attorney
may file with the court, within 15 days after the date of
service, a written objection to the petition and a request for a
hearing.'.
  On page 3, line 16, after 'plea' insert 'or no contest plea'.
  In line 20, after 'plea' insert 'or no contest plea'.
  In line 27, after 'plea' insert 'or no contest plea'.
  In line 42, after 'plea' insert 'or no contest plea'.
  On page 4, line 11, after 'plea' insert 'or no contest plea'.
  In line 16, after 'plea' insert 'or no contest plea'.
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