Chapter 655
AN ACT
HB 2774
Relating to ignition interlock devices; amending ORS 813.602.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 813.602 is amended to read:
813.602. (1) When a
person is convicted of driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance, the Department of
Transportation, in addition to any other requirement, shall require that an
approved ignition interlock device be installed and used in any vehicle
operated by the person:
(a) Before the person is
eligible for a hardship permit. The requirement is a condition of the hardship
permit for the duration of the hardship permit.
(b) For [the] a first [six months] conviction, for one year
after the ending date of the suspension or revocation caused by the conviction.
Violation of the condition imposed under this paragraph is a Class A traffic
violation.
(c) For a second or
subsequent conviction, for two years after the ending date of the suspension or
revocation caused by the conviction. Violation of the condition imposed under
this paragraph is a Class A traffic violation.
(2) If the court
determines that approved ignition interlock devices are reasonably available,
the court may require as a condition of a driving while under the influence of
intoxicants diversion agreement that an approved ignition interlock device be
installed in any vehicle operated by the person. Courts may not exercise
authority under this subsection during any period the courts have notice from
the Office of Economic Analysis of the Oregon Department of Administrative
Services that there are not sufficient moneys in the Intoxicated Driver Program
Fund to pay the costs under subsection (4) of this section. The Office of Economic
Analysis of the Oregon Department of Administrative Services may not issue any
notice under this subsection if federal funds are available to pay the cost of
the interlock devices for indigents and costs of analysis of the use of
interlock devices.
(3) Except as provided
in subsection (4) of this section, if an ignition interlock system is ordered
or required under subsection (1) or (2) of this section, the person so ordered
or required shall pay to the provider the reasonable costs of leasing, installing
and maintaining the device. A payment schedule may be established for the
person by the department.
(4) The department may
waive, in whole or in part, or defer the defendant’s responsibility to pay all
or part of the costs under subsection (3) of this section if the defendant
meets the criteria for indigence established for waiving or deferring such
costs under subsection (5) of this section. If the defendant’s responsibility
for costs is waived, then notwithstanding ORS 813.270, the costs described in
subsection (3) of this section must be paid from the Intoxicated Driver Program
Fund.
(5) The department, by
rule, shall establish criteria and procedures it will use for qualification to
waive or defer costs described under subsection (3) of this section for
indigence. The criteria must be consistent with the standards for indigence
adopted by the federal government for purposes of the food stamp program.
(6) At the end of the
suspension or revocation resulting from the conviction, the department shall
suspend the driving privileges or right to apply for driving privileges of a
person who has not submitted proof to the department that an ignition interlock
device has been installed or who tampers with an ignition interlock device
after it has been installed. If the suspension is for failing to submit proof
of installation, the suspension continues until the department receives proof
that the ignition interlock device has been installed or until [six months] one year after the
ending date of the suspension resulting from the first conviction or
two years after the ending date of the suspension resulting from a second or
subsequent conviction, whichever comes first. If the suspension is for
tampering with an ignition interlock device, the suspension continues until [six months] one year after the
ending date of the suspension resulting from the first conviction or
two years after the ending date of the suspension resulting from a second or
subsequent conviction. A person whose driving privileges or right to apply
for privileges is suspended under this subsection is entitled to administrative
review, as described in ORS 809.440, of the action.
(7) The department shall
adopt rules permitting medical exemptions from the requirements of installation
and use of an ignition interlock device under subsection (1) of this section.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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