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 979
 
                           A-Engrossed
 
                         House Bill 2147
                  Ordered by the Senate May 10
            Including Senate Amendments dated May 10
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for Attorney General's Underage Drinking Task Force)
 
 
                             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.
 
  Expands age range for denial of driving privileges for
specified persons.
 
                        A BILL FOR AN ACT
Relating to denial of driving privileges of persons under 21
  years of age; amending ORS 809.260.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 809.260 is amended to read:
  809.260. (1) Whenever a person who is 17 years of age or
younger, but not younger than 13 years of age, is convicted of
any offense described in this subsection or determined by a
juvenile court to have committed one of the described offenses,
the court in which the person is convicted shall prepare and send
to the Department of Transportation, within 24 hours of the
conviction or determination, an order of denial of driving
privileges for the person so convicted. This   { - section - }
 { + subsection + } applies to ORS 166.370 and to any offense
involving the delivery, manufacture or possession of controlled
substances   { - or the possession, use or abuse of alcohol - } .
   { +  (2) Whenever a person who is 20 years of age or younger,
but not younger than 13 years of age, is convicted of any offense
described in this subsection or determined by a juvenile court to
have committed one of the described offenses, the court in which
the person is convicted shall prepare and send to the Department
of Transportation, within 24 hours of the conviction or
determination, an order of denial of driving privileges for the
person so convicted. This subsection applies to any offense
involving the possession, use or abuse of alcohol. + }
    { - (2) - }   { + (3) + } If a court has issued an order of
denial of driving privileges under this section, the court, upon
petition of the person, may review the order and may withdraw the
order at any time the court deems appropriate except as provided
in the following:
  (a) A court may not withdraw an order for a period of 90 days
following the issuance of the order if it is the first such order
issued with respect to the person.
  (b) A court may not withdraw an order for a period of one year
following the issuance of the order if it is the second or
subsequent such order issued with respect to the person.
  (c) Notwithstanding paragraph (a) of this subsection, a court
may not withdraw an order for a period of six months if the order
is based on a determination or conviction involving controlled
substances.
    { - (3) - }   { + (4) + } Upon receipt of an order under this
section, the department shall take action as directed under ORS
809.280.
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