74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1223
 
                         House Bill 2035
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Transportation)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Reduces number of convictions necessary to revoke driving
privileges of habitual traffic offenders.
 
                        A BILL FOR AN ACT
Relating to habitual traffic offenders; creating new provisions;
  and amending ORS 809.600, 809.605 and 809.610.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 809.600 is amended to read:
  809.600. This section establishes the   { - number and kind of
offenses - }   { + kinds of offenses and the number of
convictions + } necessary to revoke the driving privileges of a
person as a habitual offender under ORS 809.640. The   { - number
and kind of offenses - }   { + kinds of offenses and the number
of convictions + } necessary to revoke driving privileges as a
habitual offender are as follows:
  (1) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has
been convicted of three or more of any one or more of the
following offenses as evidenced by the records maintained by the
Department of Transportation or by the records of a similar
agency of another state:
  (a) Any degree of murder, manslaughter, criminally negligent
homicide, assault, recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle.
  (b) Driving while under the influence of intoxicants under ORS
813.010.
  (c) Criminally driving a motor vehicle while suspended or
revoked, under ORS 811.182.
  (d) Reckless driving under ORS 811.140.
  (e) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
  (f) Fleeing or attempting to elude a police officer under ORS
811.540.
  (2) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has
been convicted of   { - 20 - }   { + 15 + } or more of any one or
more of the following offenses as evidenced by the records
 
maintained by the department or by a similar agency of another
state:
  (a) Any offenses enumerated in subsection (1) of this section.
  (b) Any offense specified in the rules of the department
adopted under ORS 809.605.
  (3) A person's driving privileges shall not be revoked under
subsection (2) of this section until the person's   { - 21st - }
 { +  16th + } conviction within a five-year period when the
 { - 20th - }  { +  15th + } conviction occurs after a lapse of
two years or more from the last preceding conviction.
  (4) The offenses described under this section include any of
the following:
  (a) Any violation of a traffic ordinance of a city, municipal
or quasi-municipal corporation that substantially conforms to
offenses described under this section.
  (b) Any violation of offenses under any federal law or any law
of another state, including subdivisions thereof, that
substantially   { - conforms - }   { + conform + } to offenses
described in this section.
  SECTION 2. ORS 809.605 is amended to read:
  809.605. The Department of Transportation shall adopt rules
specifying which traffic offenses count for the purpose of
determining that a person is a habitual offender under ORS
809.600 (2) because the person has been convicted of   { - 20 - }
 { +  15 + } or more traffic offenses.
  SECTION 3. ORS 809.610 is amended to read:
  809.610. (1) When the Department of Transportation receives an
abstract of the conviction under ORS 810.375, and the conviction
is the second one of those described by ORS 809.600 (1) for the
person or the   { - 19th - }  { +  14th + } of those described by
ORS 809.600 (2) for the person, the department may restrict the
person's driving privileges and shall send the person notice of
the restrictions by first class mail.
  (2) A person notified under subsection (1) of this section of
restrictions placed on the person's driving privileges may
request a meeting with a representative of the department to
determine whether the restrictions may be lifted.
  SECTION 4.  { + (1) The amendments to ORS 809.600, 809.605 and
809.610 by sections 1 to 3 of this 2007 Act apply to persons who,
on the effective date of this 2007 Act, have fewer than 15
convictions in the previous five years for offenses listed in ORS
809.600 (2) (2005 Edition).
  (2) The provisions of ORS 809.600 (2005 Edition), 809.605 (2005
Edition) and 809.610 (2005 Edition) apply to persons who, on the
effective date of this 2007 Act, have 15 or more convictions in
the previous five years for offenses listed in ORS 809.600 (2)
(2005 Edition). + }
                         ----------