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 752
Senate Bill 228
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of 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.
Increases number of years between convictions for driving while
under influence of intoxicants until person can qualify for
diversion program.
A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants
diversion agreements; creating new provisions; and amending ORS
802.200 and 813.215.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.215 is amended to read:
813.215. A defendant is eligible for diversion if:
(1) The defendant had no charge of an offense of driving while
under the influence of intoxicants or its statutory counterpart
in any jurisdiction, other than the charge for the present
offense, pending on the date the defendant filed the petition for
a driving while under the influence of intoxicants diversion
agreement;
(2) The defendant has not been convicted of an offense
described in subsection (1) of this section within the period
beginning { - 10 - } { + 15 + } years before the date of the
commission of the present offense and ending on the date the
defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement;
(3) The defendant was not participating in a driving while
under the influence of intoxicants diversion program or in any
similar alcohol or drug rehabilitation program, other than a
program entered into as a result of the charge for the present
offense, in this state or in any other jurisdiction on the date
the defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement;
(4) The defendant did not participate in a diversion or
rehabilitation program described in subsection (3) of this
section, other than a program entered into as a result of the
charge for the present offense, within the period beginning
{ - 10 - } { + 15 + } years before the date of the commission
of the present offense and ending on the date the defendant filed
the petition for a driving while under the influence of
intoxicants diversion agreement;
(5) The defendant had no charge of an offense of murder,
manslaughter, criminally negligent homicide or assault that
resulted from the operation of a motor vehicle pending in this
state or in any other jurisdiction on the date the defendant
filed the petition for a driving while under the influence of
intoxicants diversion agreement;
(6) The defendant has not been convicted of an offense
described in subsection (5) of this section within the period
beginning { - 10 - } { + 15 + } years before the date of the
commission of the present offense and ending on the date the
defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement;
(7) The defendant did not have a commercial driver license at
the time of the offense;
(8) The defendant was not operating a commercial motor vehicle
at the time of the offense; and
(9) The present driving while under the influence of
intoxicants offense did not involve an accident resulting in:
(a) Death of any person { - other than the defendant - } ; or
(b) Physical injury as defined in ORS 161.015 to any person
other than the defendant.
SECTION 2. { + The amendments to ORS 813.215 by section 1 of
this 2007 Act apply to persons who, on or after the effective
date of this 2007 Act, commit the subsequent offense for which
the person has filed a petition for a driving while under the
influence of intoxicants diversion agreement. + }
SECTION 3. ORS 802.200 is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
(6) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
(8) The department shall maintain suitable records of driver
licenses and driver permits. The records required under this
subsection shall include all of the following:
(a) An index by name and number.
(b) Supporting documentation of all licenses or driver permits
issued.
(c) Every application for a driver license or driver permit.
(d) All licenses or driver permits that have been suspended or
revoked.
(e) For each commercial driver license, the Social Security
number of the person to whom the license is issued, or any other
number or identifying information that the Secretary of the
United States Department of Transportation determines appropriate
to identify the person.
(9) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment
driving record for each person as required under this subsection.
All of the following apply to the records required under this
subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
(b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents that the
person is required to report under ORS 811.720, all suspensions
of driving privileges required to be placed on the record under
ORS 809.280, all suspensions of the person's commercial driver
license that result from operation or use of a commercial motor
vehicle and all convictions of the person for violation of motor
vehicle laws except convictions for offenses requiring mandatory
revocation or suspension of driving privileges under ORS 809.409,
809.411, 809.413 and 813.400, but shall include only such
accidents, suspensions and convictions that occur while the
person is driving a motor vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents that the person is required to
report under ORS 811.720, other than the motor vehicle accidents
that are included on the person's employment driving record;
(B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
(D) Diversion agreements entered into under ORS 813.220 within
the preceding { - 10 - } { + 15 + } years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license or permit issued by this state, the department
shall request a copy of the person's driving record from the
other jurisdiction. At the time the person is issued a license in
Oregon, the record from the other jurisdiction shall become part
of the driver's record in this state with the same force and
effect as though entered on the driver's record in this state in
the original instance. The department by rule may specify methods
for converting entries from out-of-state records for use in
Oregon.
(f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
(g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record
in such a way that police agencies can determine directly from
the record what class of offense, as provided by law, is
committed by a person who drives in violation of the suspension
or revocation. If the department and the Department of State
Police devise a mutually agreeable alternative method of
informing police agencies of the nature of a suspension or
revocation and the consequences of its violation, the
implementation of that method shall satisfy the duty of the
department under this paragraph.
(10) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
(11) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
(12) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
(13) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
SECTION 4. { + The amendments to ORS 802.200 by section 3 of
this 2007 Act apply to records that are maintained by the
Department of Transportation on or after the effective date of
this 2007 Act. + }
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