72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 348
LC 1898/SB 348-1
SENATE AMENDMENTS TO
SENATE BILL 348
By COMMITTEE ON JUDICIARY
April 23
On page 1 of the printed bill, line 2, delete '163.195 and
166.470' and insert '813.010 and 813.215'.
Delete lines 4 through 31 and delete page 2 and insert:
' { + SECTION 1. + } ORS 813.010 is amended to read:
' 813.010. (1) A person commits the offense of driving while
under the influence of intoxicants if the person drives a vehicle
while the person:
' (a) Has .08 percent or more by weight of alcohol in the blood
of the person as shown by chemical analysis of the breath or
blood of the person made under ORS 813.100, 813.140 or 813.150;
' (b) Is under the influence of intoxicating liquor, a
controlled substance or an inhalant; or
' (c) Is under the influence of any combination of intoxicating
liquor, an inhalant and a controlled substance.
' (2) A person may not be convicted of driving under the
influence of intoxicants on the basis of being under the
influence of a controlled substance or an inhalant unless the
fact that the person was under the influence of a controlled
substance or an inhalant is pleaded in the accusatory instrument
and is either proved at trial or is admitted by the person
through a guilty plea.
' (3) A person convicted of the offense described in this
section is subject to ORS 813.020 in addition to this section.
' (4) Except as provided in subsection (5) of this section, the
offense described in this section, driving while under the
influence of intoxicants, is a Class A misdemeanor and is
applicable upon any premises open to the public.
' (5) Driving while under the influence of intoxicants is a
Class C felony if the defendant has been convicted of driving
while under the influence of intoxicants in violation of this
section or its statutory counterpart in another jurisdiction at
least three times in the 10 years prior to the date of the
current offense and the current offense was committed in a motor
vehicle. For purposes of this subsection, a prior conviction for
boating while under the influence of intoxicants in violation of
ORS 830.325 or its statutory counterpart in another jurisdiction,
or for prohibited operation of an aircraft in violation of ORS
837.080 (1)(a) or its statutory counterpart in another
jurisdiction, shall be considered a prior conviction of driving
while under the influence of intoxicants.
' (6) In addition to any other sentence that may be imposed,
the court shall impose a fine on a person convicted of driving
while under the influence of intoxicants as follows:
' (a) For a person's first conviction, a minimum of $1,000.
' (b) For a person's second conviction, a minimum of $1,500.
' (c) For a person's third or subsequent conviction, a minimum
of $2,000 if the person is not sentenced to a term of
imprisonment.
' { + (7) Notwithstanding ORS 161.635, a court may impose a
fine of up to $10,000 on a person convicted of driving while
under the influence of intoxicants if:
' (a) The current offense was committed in a motor vehicle; and
' (b) There was a passenger in the motor vehicle who was under
18 years of age and was at least three years younger than the
person driving the motor vehicle. + }
' { + SECTION 2. + } ORS 813.215 is amended to read:
' 813.215. { + (1) + } A defendant is eligible for diversion
if:
' { - (1) - } { + (a) + } The defendant had no charge of an
offense of driving while under the influence of intoxicants or
its statutory counterpart in any jurisdiction, other than the
charge for the present offense, pending on the date the defendant
filed the petition for a driving while under the influence of
intoxicants diversion agreement;
' { - (2) - } { + (b) + } The defendant has not been
convicted of an offense described in { - subsection (1) of this
section - } { + paragraph (a) of this subsection + } within the
period beginning 10 years before the date of the commission of
the present offense and ending on the date the defendant filed
the petition for a driving while under the influence of
intoxicants diversion agreement;
' { - (3) - } { + (c) + } The defendant was not
participating in a driving while under the influence of
intoxicants diversion program or in any similar alcohol or drug
rehabilitation program, other than a program entered into as a
result of the charge for the present offense, in this state or in
any other jurisdiction on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement;
' { - (4) - } { + (d) + } The defendant did not participate
in a diversion or rehabilitation program described in
{ - subsection (3) of this section - } { + paragraph (c) of
this subsection + }, other than a program entered into as a
result of the charge for the present offense, within the period
beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement;
' { - (5) - } { + (e) + } The defendant had no charge of an
offense of murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle
pending in this state or in any other jurisdiction on the date
the defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement;
' { - (6) - } { + (f) + } The defendant has not been
convicted of an offense described in { - subsection (5) of this
section - } { + paragraph (e) of this subsection + } within the
period beginning 10 years before the date of the commission of
the present offense and ending on the date the defendant filed
the petition for a driving while under the influence of
intoxicants diversion agreement; and
' { - (7) - } { + (g) + } The { - present - }
{ + current offense of + } driving while under the influence of
intoxicants { - offense - } did not involve an accident
resulting in:
' { - (a) - } { + (A) + } Death of any person other than the
defendant; or
' { - (b) - } { + (B) + } Physical injury as defined in ORS
161.015 to any person other than the defendant.
' { + (2) Notwithstanding subsection (1) of this section, a
defendant is not eligible for diversion if:
' (a) The current offense of driving while under the influence
of intoxicants was committed in a motor vehicle; and
' (b) There was a passenger in the motor vehicle who was under
18 years of age and was at least three years younger than the
person driving the motor vehicle. + } ' .
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