72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to A-Eng. SB 348
 
LC 1898/SB 348-A2
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 348
 
                    By COMMITTEE ON JUDICIARY
 
                             June 3
 
  On page 1 of the printed A-engrossed bill, line 2, delete '
813.215' and insert '813.220'.
  On page 2, line 9, after the first comma delete the rest of the
line and insert '$10,000 is the maximum fine that a court may
impose on a person'.
  Delete lines 14 through 45 and page 3 and insert:
  '  { +  SECTION 2. + } ORS 813.220 is amended to read:
  ' 813.220. After the time for requesting a hearing under ORS
813.210 has expired with no request for a hearing, or after a
hearing requested under ORS 813.210, the court shall determine
whether to allow or deny a petition for a driving while under the
influence of intoxicants diversion agreement. In making a
determination under this section, the court:
  ' (1) Shall consider whether the diversion will be of benefit
to the defendant and the community.
  ' (2) May take into consideration whether there was an early
recognition by the defendant during the proceeding that a course
of diagnosis and treatment of problem drinking, alcoholism or
drug dependency would be beneficial.
  ' (3) May take into consideration whether there is a
probability that the defendant will cooperate with the diagnostic
assessment and treatment agencies.
  ' (4) May take into consideration whether the defendant will
observe the restrictions contained in the diversion agreement.
  '  { +  (5) May take into consideration whether the offense was
committed in a motor vehicle and whether there was a passenger in
the motor vehicle who was under 18 years of age and at least
three years younger than the defendant. + }
  '  { - (5) - }  { +  (6) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant failed to appear at an arraignment on
the present offense without good cause.
  '  { - (6) - }  { +  (7) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant was charged with or convicted of an
offense of driving while under the influence of intoxicants or
its statutory counterpart in any jurisdiction after the date the
defendant filed the petition.
  '  { - (7) - }  { +  (8) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant participated 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 after the date the
defendant filed the petition.
  '  { - (8) - }  { +  (9) + } Shall deny the petition for a
driving while under the influence of intoxicants diversion
agreement if the defendant was charged with or convicted of an
offense of murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle in
this state or in any other jurisdiction after the date the
defendant filed the petition.'.
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