74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to B-Eng. HB 3314
LC 2221/HB 3314-B11
SENATE AMENDMENTS TO
B-ENGROSSED HOUSE BILL 3314
By COMMITTEE ON RULES
June 14
On page 1 of the printed B-engrossed bill, line 3, delete '
809.411' and insert '809.280'.
Delete lines 5 through 18 and delete pages 2 through 6 and
insert:
' { + 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 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.'.
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