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 826
 
                         House Bill 2321
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Judicial Department)
 
 
                             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.
 
  Increases length of time person's license is suspended if court
orders suspension because person failed to appear for traffic
citation or failed or refused to pay traffic fine.
 
                        A BILL FOR AN ACT
Relating to court-ordered license suspension; amending ORS
  809.220, 809.280, 809.415 and 809.416.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 809.415 is amended to read:
  809.415. (1)(a) The Department of Transportation shall suspend
the driving privileges of a person who has a judgment of the type
described under ORS 806.040 rendered against the person if the
person does not settle the judgment in the manner described under
ORS 809.470 within 60 days after its entry.
  (b) A suspension under this subsection shall continue until the
person does one of the following:
  (A) Settles the judgment in the manner described in ORS
809.470.
  (B) Has an insurer that has been found by the department to be
obligated to pay the judgment, provided that there has been no
final adjudication by a court that the insurer has no such
obligation.
  (C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
  (D) Receives from the court that rendered the judgment an order
permitting the payment of the judgment in installments.
  (c) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
  (2)(a) The department shall suspend the driving privileges of a
person who falsely certifies the existence of a motor vehicle
liability insurance policy or the existence of some other means
of satisfying financial responsibility requirements or of a
person who, after certifying the existence of a motor vehicle
liability insurance policy or other means of satisfying the
requirements, allows the policy to lapse or be canceled or
otherwise fails to remain in compliance with financial
responsibility requirements.
  (b) Notwithstanding paragraph (a) of this subsection, the
department may suspend under this subsection only if proof of
compliance with financial responsibility requirements as of the
date of the letter of verification from the department under ORS
806.150 is not submitted within 30 days after the date of the
mailing of the department's demand under ORS 806.160.
  (c) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
  (3)(a) The department shall suspend the driving privileges of a
person who fails to comply with future responsibility filings
whenever required under the vehicle code or fails to provide new
proof for future responsibility filings when requested by the
department.
  (b) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
  (c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a hearing under ORS 809.440
prior to a suspension under this subsection. A person whose
obligation to make future responsibility filings is based upon a
conviction or other action by a court is entitled to
administrative review under ORS 809.440 of a suspension under
this subsection. A person whose suspension under this subsection
is based on lapses in filing after the initial filing has been
made is entitled to administrative review under ORS 809.440.
  (4)(a) The department shall suspend driving privileges when
provided under ORS 809.416. The suspension shall continue until
the earlier of the following:
  (A) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.416 to make the person not subject to suspension.
  (B)   { - Five - }   { + Ten + } years from the date the
suspension is imposed  { +  if the suspension is imposed for a
reason described in ORS 809.416 (1) or (2) or five years from the
date the suspension is imposed if the suspension is imposed for
the reason described in ORS 809.416 (3) + }.
  (b) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
  (5) Upon determination by the department that a person has
committed an act that constitutes an offense described in ORS
809.310, the department may suspend any driving privileges or any
identification card of the person determined to have committed
the act. A suspension under this subsection shall continue for a
period of one year.
  SECTION 2. ORS 809.416 is amended to read:
  809.416. This section establishes circumstances that will make
a person subject to suspension under ORS 809.415 (4) and what a
person is required to do to make the person no longer subject to
suspension. The following apply as described:
  (1) A person is subject to suspension under ORS 809.415 (4) if
the Department of Transportation receives notice from a court to
apply this section under ORS 809.220. A person who is subject
under this subsection remains subject until the person presents
the department with notice issued by the court showing that the
person is no longer subject to this section or until
 { - five - }  { +  10 + } years have elapsed, whichever is
earlier. This subsection shall not subject a person to ORS
809.415 (4) for any pedestrian offense, bicycling offense or
parking offense. Upon receipt of notice from a court, the
department shall send a letter by first class mail advising the
person that the suspension will commence 60 days from the date of
the letter unless the person presents the department with the
notice required by this subsection.
  (2) A person is subject to suspension under ORS 809.415 (4) if
the department receives notice from a court under ORS 809.210
that a person has failed to pay a fine or obey an order of the
court. A person who is subject under this subsection remains
subject until the person presents the department with notice
issued by the court showing that the person has paid the fine or
obeyed the order of the court or until   { - five - }  { +
10 + } years have elapsed, whichever is earlier. This subsection
shall not subject a person to ORS 809.415 (4) for failure to pay
a fine relating to any pedestrian offense, bicycling offense or
parking offense. Upon receipt of notice from a court, the
department shall send a letter by first class mail advising the
person that the suspension will commence 60 days from the date of
the letter unless the person presents the department with the
notice required by this subsection.
  (3) A person is subject to suspension under ORS 809.415 (4) if
the person pays the department any fee or tax with a bank check
and the check is returned to the department as uncollectible or
the person tenders payment with a credit or debit card and the
issuer of the card does not pay the department. A person who is
subject under this subsection remains subject until the
department receives the money for the fee or tax and any fee
charged by the department under ORS 802.170 or until five years
have elapsed, whichever is earlier.
  SECTION 3. ORS 809.220 is amended to read:
  809.220. This section establishes procedures that are
applicable if a person fails to appear on a citation for a
traffic offense or for a violation of ORS 471.430. All of the
following apply to this section:
  (1) If a defendant fails to make any appearance required by the
court or by law in a proceeding charging the defendant with a
traffic offense or with a violation of ORS 471.430, the court:
  (a) Shall issue notice to the Department of Transportation to
suspend for failure to appear if the defendant is charged with a
traffic crime or with a violation of ORS 471.430. If a court
issues notice under this paragraph, the department shall suspend
the driving privileges of the person as provided under ORS
809.280.
  (b) Shall issue notice to the department to implement
procedures under ORS 809.416 if the defendant is charged with a
traffic violation. If a court issues notice under this paragraph,
the department shall implement procedures under ORS 809.416.
  (2) In any notice to the department under this section, a court
shall certify that the defendant failed to appear in the
proceedings in the manner required by the court or by law.
  (3) At any time within   { - five - }  { +  10 + } years from
the date of a notice to suspend for failure to appear given to
the department under this section, a court shall give a second
notice to the department to terminate a suspension resulting from
the original notice if any of the following occur:
  (a) The base fine amount or fine set by the court is paid.
  (b) The court finds the defendant not guilty or orders a
dismissal of the case.
  (c) The court determines that the suspension for failure to pay
or appear should be terminated for good cause.
  (4) Notifications by a court to the department under this
section shall be in a form prescribed by the department.
  (5) A court shall not notify the department under this section
for failure to appear on any parking, pedestrian or bicyclist
offense.
  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 - }
 { +  10 + } 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 - }   { + 10 + } 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.
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