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 2221
B-Engrossed
House Bill 3314
Ordered by the Senate June 6
Including House Amendments dated May 8 and Senate Amendments
dated
June 6
Sponsored by COMMITTEE ON JUDICIARY (at the request of Bicycle
Transportation Alliance)
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.
{ - Creates offense of infliction of serious physical injury
or death to vulnerable user of public way. Punishes by fine of
$12,500. - }
{ - Creates driver improvement agreement. Establishes fee for
filing petition to participate in driver improvement agreement
and requires defendant to pay specified amount to agency or
organization providing driver improvement program. - }
{ - Creates Driver Improvement Program Fund. Continuously
appropriates moneys in fund to Department of Transportation to
pay expenses and costs related to driver improvement program. - }
{ + Increases penalty for offense of careless driving if
commission of offense contributed to serious physical injury or
death of vulnerable user of public way. Requires person
committing offense to complete traffic safety course and perform
100 to 200 hours of community service related to driver
improvement. Directs court to impose, but suspend on condition
that person complete safety course and community service
requirements, fine of up to $12,500, suspend person's driving
privileges and set hearing date up to one year from date of
sentencing to determine person's compliance with requirements.
Requires police officer issuing citation for offense of
careless driving to note on citation if cited offense contributed
to serious physical injury or death of vulnerable user of public
way. Requires defendant who has been issued citation to make
first appearance by personally appearing in court at time
indicated in summons. + }
A BILL FOR AN ACT
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, 809.411 and 811.135.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of the Oregon Vehicle Code. + }
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 to 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
809.411; 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) 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 809.411 is amended to read:
809.411. (1)(a) Upon receipt of a record of conviction for an
offense described in this section, the Department of
Transportation shall suspend the driving privileges of the person
convicted.
(b) A person is entitled to administrative review under ORS
809.440 of a suspension under this section.
(c) Except as otherwise provided in subsections (7), (8),
(9) { + , + } { - and - } (10) { + and (11) + } of this
section, the suspension shall be for the period of time described
in Schedule I of ORS 809.428, except that the department may not
reinstate driving privileges of any person whose privileges are
suspended under this section until the person complies with
future responsibility filings.
(2) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of any degree
of recklessly endangering another person, menacing or criminal
mischief resulting from the operation of a motor vehicle.
(3) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of reckless
driving under ORS 811.140.
(4) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of failure to
perform duties of a driver when property is damaged under ORS
811.700.
(5) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of fleeing or
attempting to elude a police officer under ORS 811.540.
(6) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of reckless
endangerment of highway workers under ORS 811.231 (1).
(7) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of theft
under ORS 164.043, 164.045 or 164.055 when the theft was of
gasoline. A suspension under this subsection shall continue for a
period of six months from the date of suspension.
(8) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of criminal
trespass under ORS 164.245 that involves the operation of a motor
vehicle. A suspension under this subsection shall continue for a
period of six months from the date of suspension.
(9) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of an offense
described in ORS 809.310. A suspension under this subsection
shall continue for a period of one year from the date of the
suspension.
(10)(a) The department shall take action under subsection (1)
of this section upon receipt of a record of conviction of assault
in the second, third or fourth degree resulting from the
operation of a motor vehicle.
(b) A person who is convicted of assault in the second degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges eight years
from the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges eight
years from the date the department suspended the privileges under
this subsection.
(c) A person who is convicted of assault in the third degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges five years from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges five
years from the date the department suspended the privileges under
this subsection.
(d) A person who is convicted of assault in the fourth degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges one year from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges one year
from the date the department suspended the privileges under this
subsection.
{ + (11) The department shall take action under subsection
(1) of this section upon receipt of a record of conviction for
careless driving under ORS 811.135. A suspension under this
subsection is for the period of time described in Schedule II of
ORS 809.428. + }
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.
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