73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
 
                            Enrolled
 
                         House Bill 2937
 
Sponsored by Representative GILMAN (at the request of Paul
  Romain)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to theft; amending ORS 809.411.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 809.411 is amended to read:
  809.411. (1)(a) Upon receipt of a record of conviction for an
offense described in this section, the Department of
Transportation shall suspend the driving privileges of the person
convicted.
  (b) A person is entitled to administrative review under ORS
809.440 of a suspension under this section.
  (c) Except as otherwise provided in subsections (7), (8)
  { - and - }  { + , + } (9)  { + and (10) + } of this section,
the suspension shall be for the period of time described in
Schedule I of ORS 809.428, except that the department may not
reinstate driving privileges of any person whose privileges are
suspended under this section until the person complies with
future responsibility filings.
  (2) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of any degree
of recklessly endangering another person, menacing or criminal
mischief resulting from the operation of a motor vehicle.
  (3) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of reckless
driving under ORS 811.140.
  (4) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of failure to
perform duties of a driver when property is damaged under ORS
811.700.
  (5) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of fleeing or
attempting to elude a police officer under ORS 811.540.
  (6) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of reckless
endangerment of highway workers under ORS 811.231 (1).
   { +  (7) The department shall take action under subsection (1)
of this section upon receipt of a record of conviction of theft
under ORS 164.043, 164.045 or 164.055 when the theft was of
gasoline. A suspension under this subsection shall continue for a
period of six months from the date of suspension. + }
    { - (7) - }   { + (8) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of criminal trespass under ORS 164.245 that involves
 
 
Enrolled House Bill 2937 (HB 2937-INTRO)                   Page 1
 
 
 
the operation of a motor vehicle. A suspension under this
subsection shall continue for a period of six months from the
date of suspension.
    { - (8) - }   { + (9) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of an offense described in ORS 809.310. A suspension
under this subsection shall continue for a period of one year
from the date of the suspension.
    { - (9)(a) - }   { + (10)(a) + } The department shall take
action under subsection (1) of this section upon receipt of a
record of conviction of assault in the second, third or fourth
degree resulting from the operation of a motor vehicle.
  (b) A person who is convicted of assault in the second degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges eight years
from the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges eight
years from the date the department suspended the privileges under
this subsection.
  (c) A person who is convicted of assault in the third degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges five years from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges five
years from the date the department suspended the privileges under
this subsection.
  (d) A person who is convicted of assault in the fourth degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges one year from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges one year
from the date the department suspended the privileges under this
subsection.
                         ----------
 
 
Passed by House April 21, 2005
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 10, 2005
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
Enrolled House Bill 2937 (HB 2937-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2005
 
Approved:
 
......M.,............., 2005
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2005
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2937 (HB 2937-INTRO)                   Page 3