Chapter 784
AN ACT
HB 3314
Relating to vehicular contact with vulnerable
user of a public way; creating new provisions; and amending ORS 41.905,
153.061, 153.090, 153.099, 809.280 and 811.135.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of the
SECTION 2. “Vulnerable user of a public way” means a
pedestrian, a highway worker, a person riding an animal or a person operating
any of the following on a public way, crosswalk or shoulder of the highway:
(1) A farm tractor or
implement of husbandry without an enclosed shell;
(2) A skateboard;
(3) Roller skates;
(4) In-line skates;
(5) A scooter; or
(6) A bicycle.
SECTION 3. ORS 811.135 is amended to read:
811.135. (1) A person
commits the offense of careless driving if the person drives any vehicle upon a
highway or other premises described in this section in a manner that endangers
or would be likely to endanger any person or property.
(2) The offense
described in this section, careless driving, applies on any premises open to
the public and is a Class B traffic violation unless commission of the offense
contributes to an accident. If commission of the offense contributes to an
accident, the offense is a Class A traffic violation.
(3) In addition to
any other penalty imposed for an offense committed under this section, if the
court determines that the commission of the offense described in this section
contributed to the serious physical injury or death of a vulnerable user of a
public way, the court shall:
(a) Impose a sentence
that requires the person to:
(A) Complete a traffic
safety course; and
(B) Perform between 100
and 200 hours of community service, notwithstanding ORS 137.129. The community
service must include activities related to driver improvement and providing
public education on traffic safety;
(b) Impose, but suspend
on the condition that the person complete the requirements of paragraph (a) of
this subsection:
(A) A fine of up to
$12,500, notwithstanding ORS 153.018; and
(B) A suspension of
driving privileges as provided in ORS 809.280; and
(c) Set a hearing date
up to one year from the date of sentencing.
(4) At the hearing
described in subsection (3)(c) of this section, the
court shall:
(a) If the person has
successfully completed the requirements described in subsection (3)(a) of this section, dismiss the penalties imposed under
subsection (3)(b) of this section; or
(b) If the person has
not successfully completed the requirements described in subsection (3)(a) of this section:
(A) Grant the person an
extension based on good cause shown; or
(B) Impose the penalties
under subsection (3)(b) of this section.
(5) When a court imposes
a suspension under subsection (4) of this section, the court shall prepare and
send to the Department of Transportation an order of suspension of driving
privileges of the person. Upon receipt of an order under this subsection, the
department shall take action as directed under ORS 809.280.
(6) The police officer
issuing the citation for an offense under this section shall note on the
citation if the cited offense contributed to the serious physical injury or
death of a vulnerable user of a public way.
SECTION 4. ORS 809.280 is amended to read:
809.280. (1) This section establishes the procedures the Department of
Transportation shall follow when a court orders or recommends the suspension or
revocation of driving privileges. This section also establishes the period of
time the revocation or suspension will be effective.
(2) When a court orders a suspension of driving privileges under ORS
809.270, the department shall immediately make proper entry in its files and
records and take other action as necessary to implement the order. The suspension
shall remain in force until the department is notified by the court that the
suspension is ended, except that, if the department is ordered to automatically
restore the driving privileges upon the successful completion of a program, the
department shall do so and shall notify the judge that the person has complied
with the order of the judge.
(3) When a court
recommends a suspension of driving privileges under ORS 809.120, the department
shall impose the suspension as recommended by the court.
(4) When a court
notifies the department under ORS 809.130 of an unsettled judgment, the
department shall suspend and, subject to any other requirements of law, restore
the driving privileges upon appropriate notification from the court under ORS
809.130, except that the department shall only impose the suspension after the
department has determined that:
(a) The judgment was
rendered against the person;
(b) The judgment has
remained unsettled as described in ORS 809.470 for 60 days; and
(c) The judgment continues
to be unsettled as described in ORS 809.470.
(5) When a court
notifies the department under ORS 419C.472 or 809.220 to suspend for failure to
appear, the department shall suspend the driving privileges of the person for
an indefinite period. The department shall terminate the suspension upon
notification by the court or upon the elapse of five years from the date of
suspension. A suspension under this subsection shall be placed on the defendant’s
driving record. The department shall not suspend any driving privileges under
this subsection for a person’s failure to appear on a parking, pedestrian or
bicyclist offense.
(6) When a court sends
the department a license or otherwise notifies the department under ORS
810.310, the department shall suspend the driving privileges of the person for
an indefinite period. The department shall terminate the suspension ordered
under this section upon notification by the court or upon the lapse of five
years from the date of suspension, whichever comes first.
(7) In addition to any
other authority to suspend driving privileges under the vehicle code, the
department shall suspend all driving privileges of any person upon receipt of
an order of denial of driving privileges under ORS 809.260. The suspension
shall be imposed without hearing. The driving privileges of the person shall be
suspended as provided in the following:
(a) Upon receipt of the
first order denying driving privileges, the department shall impose a
suspension for one year, or until the person so suspended reaches 17 years of
age, whichever is longer.
(b) Upon receipt of a
second or subsequent order denying driving privileges, the department shall
suspend for one year or until the person reaches 18 years of age, whichever is
longer.
(8) If the department
receives notice from a court that it has withdrawn an order issued under ORS
809.260, the department shall immediately reinstate any driving privileges that
have been suspended under subsection (7) of this section because of the
issuance of the order.
(9) When a court orders
suspension of driving privileges under ORS 165.805 or 471.430, the department
shall impose the suspension as ordered by the court.
(10) When a court orders
a suspension of driving privileges under ORS 809.265, the department shall
immediately suspend all driving privileges of the person. Upon receipt of an
order suspending driving privileges, the department shall impose a suspension
for six months.
(11) When a court orders
revocation of driving privileges as provided in ORS 809.235, the department
shall impose the revocation as ordered. The revocation shall remain in effect
until the department is notified by a court that the person’s driving
privileges have been ordered restored.
(12) When a court orders
suspension of driving privileges under ORS 811.109, the department shall impose
the suspension as ordered by the court.
(13) When a court
orders suspension of driving privileges under ORS 811.135, the department shall
immediately suspend all driving privileges of the person for one year.
SECTION 5. ORS 153.061 is amended to read:
153.061. (1) Except
as provided in subsection (2) of this section, a defendant who has been
issued a violation citation must either:
(a) Make a first
appearance by personally appearing in court at the time indicated in the
summons; or
(b) Make a first
appearance in the manner provided in subsection [(2)] (3) of this section before the time indicated in the
summons.
(2) If a defendant
has been issued a violation citation for careless driving under ORS 811.135 on
which a police officer noted that a vulnerable user of a public way suffered
serious physical injury or death, the defendant must make a first appearance by
personally appearing in court at the time indicated in the summons.
[(2)] (3) A defendant who has been issued a violation
citation may make a first appearance in the matter before the time indicated in
the summons by one of the following means:
(a) The defendant may
submit to the court a written or oral request for a trial.
(b) The defendant may
enter a plea of no contest by delivering to the court the summons, a check or
money order in the amount of the base fine set forth in the summons, and a
statement of matters in explanation or mitigation of the violation charged. The
delivery of a statement of matters in explanation or mitigation under the
provisions of this paragraph constitutes a waiver of trial and consent to the
entry of a judgment forfeiting the base fine based on the statement and any
other testimony or written statements that may be presented to the court by the
citing officer or other witnesses.
(c) The defendant may
execute the appearance, waiver of trial and plea of guilty that appears on the
summons and deliver the summons and a check or money order in the amount of the
base fine set forth in the summons to the court. The defendant may attach a
statement of matters in explanation or mitigation of the violation.
[(3)] (4) The court may require that a defendant requesting a
trial under subsection [(2)(a)]
(3)(a) of this section deposit the base fine specified under ORS 153.125 to
153.145 or such other amount as the court determines appropriate if the
defendant has failed to appear in any court on one or more other charges in the
past. If the defendant does not deposit the amount specified by the court, the
defendant must personally appear in court at the time indicated in the summons.
The amount deposited by the defendant may be applied against any fine imposed
by the court, and any amount not so applied shall be refunded to the defendant
at the conclusion of the proceedings.
[(4)] (5) If the defendant personally appears in court at the
time indicated in the summons and enters a plea of guilty,
the judge shall consider any statement in explanation or mitigation made by the
defendant.
[(5)] (6) The court may require a
defendant to appear personally in any case, or may require that all defendants
appear in specified categories of cases.
[(6)] (7) If a defendant has entered a no contest plea or
guilty plea in the manner provided in subsection [(2)(b) or (c)] (3)(b) or (c) of this section, and the court
determines that the base fine amount is not adequate by reason of previous
convictions of the defendant, the nature of the offense charged or other
circumstances, the court may require that a trial be held unless an additional
fine amount is paid by the defendant before a specified date. Notice of an
additional fine amount under this subsection may be given to the defendant by
mail. In no event may the court require a total fine amount in excess of the
maximum fine established for the violation by statute.
[(7)] (8) If a defendant fails to make a first appearance on
a citation for a traffic violation, as defined by ORS 801.557, fails to make a
first appearance on a citation for a violation of ORS 471.430, or fails to
appear at any other subsequent time set for trial or other appearance, the
driving privileges of the defendant are subject to suspension under ORS
809.220.
SECTION 6. ORS 41.905 is amended to read:
41.905. (1) A judgment
of conviction or acquittal of a person charged with a traffic offense is not
admissible in the trial of a subsequent civil action arising out of the same
accident or occurrence to prove or negate the facts upon which such judgment
was rendered.
(2) A plea of guilty by
a person to a traffic offense may be admitted as evidence in the trial of a
subsequent civil action arising out of the same accident or occurrence as an
admission of the person entering the plea, and for no other purpose.
(3) Evidence that a
person has entered a plea of no contest in the manner described in ORS 153.061
[(2)(b)]
(3)(b) to a charge of a traffic offense shall not be admitted as evidence
in the trial of a subsequent civil action arising out of the same accident or
occurrence.
SECTION 7. ORS 153.090 is amended to read:
153.090. (1) Judgments
entered under this chapter may include:
(a) Imposition of a
sentence to pay a fine;
(b) Costs, assessments
and restitution authorized by law;
(c) A requirement that
the fine, costs, assessments and restitution, if any, be paid out of any base
fine;
(d) Remission of any
balance of a base fine to the defendant or to any other person designated by
the defendant; and
(e) Any other provision
authorized by law.
(2) Notwithstanding ORS
137.106, if the court orders restitution in a default judgment entered under
ORS 153.102, a defendant may allege an inability to pay the full amount of
monetary sanctions imposed, including restitution, and request a hearing to
determine whether the defendant is unable to pay or to establish a payment
schedule by filing a written request with the court within one year after the
entry of the judgment. The court shall set a hearing on the issue of the
defendant’s ability to pay upon receipt of the request and shall give notice to
the district attorney. The district attorney shall give notice to the victim of
the date, time and place of the hearing. The court may determine a payment
schedule for monetary sanctions imposed, including restitution ordered under this
subsection, if the defendant establishes at the hearing that the defendant is
unable to pay the ordered restitution in full.
(3) If a trial is held
in a violation proceeding, or a default judgment is entered against the
defendant under ORS 153.102, the court may impose any fine within the statutory
limits for the violation. If a defendant pleads no contest under ORS 153.061 [(2)(b)]
(3)(b), or pleads guilty under ORS 153.061 [(2)(c)] (3)(c), and the court accepts the plea and enters
judgment against the defendant, the amount of the fine imposed against the
defendant by the court may not exceed the amount of the base fine established
for the violation under ORS 153.125 to 153.145.
(4) A judge may suspend
operation of any part of a judgment entered under this chapter upon condition
that the defendant pay the nonsuspended portion of a
fine within a specified period of time. If the defendant fails to pay the
nonsuspended portion of the fine within the specified period of time, the
suspended portion of the judgment becomes operative without further proceedings
by the court and the suspended portion of the fine becomes immediately due and
payable.
(5) The court may not
recommend a suspension of the defendant’s driving privileges unless a trial has
been required. The failure of the defendant to appear at the trial does not
prevent the court from recommending suspension of the defendant’s driving
privileges.
(6) Entry of a default
judgment under ORS 153.102 does not preclude the arrest and prosecution of the
defendant for the crime of failure to appear in a violation proceeding under
ORS 153.992.
(7) If a person holds a
commercial driver license, a court may not defer entry of a judgment or allow
an individual to enter into a diversion program that would prevent a conviction
for a traffic offense from appearing on the driving record of the holder. This
subsection applies to all traffic offenses, whether committed while driving a
motor vehicle or a commercial motor vehicle, but does not apply to parking
violations.
SECTION 8. ORS 153.099 is amended to read:
153.099. (1) If a trial is held in a violation proceeding, the court
shall enter a judgment based on the evidence presented at the trial.
(2) If the defendant
appears and enters a plea of no contest in the manner described in ORS 153.061
[(2)(b)]
(3)(b), and a trial is not otherwise required by the court or by law, the
court shall make a decision based on the citation, the statement filed by the
defendant and any other information or materials submitted to the court.
(3) If the defendant
enters a plea of guilty in the manner described in ORS 153.061 [(2)(c)] (3)(c), a trial is not
otherwise required by the court or by law and the court accepts the plea of
guilty, judgment shall be entered against the defendant based on the violation
citation.
Approved by the Governor July 16, 2007
Filed in the office of Secretary of State July 17, 2007
Effective date January 1, 2008
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