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 1852
 
                           A-Engrossed
 
                         Senate Bill 298
                  Ordered by the Senate April 2
            Including Senate Amendments dated April 2
 
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 Senate Interim Committee on
  Judiciary for Oregon Criminal Defense Lawyers Association)
 
 
                             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.
 
  Grants exception to permanent revocation of driving privileges
to persons who are convicted of misdemeanor driving while under
the influence of intoxicants and are operating nonmotorized
vehicles.
 
                        A BILL FOR AN ACT
Relating to permanent revocation of driving privileges for
  driving while under the influence of intoxicants; amending ORS
  809.235.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 809.235 is amended to read:
  809.235. (1)(a) Notwithstanding ORS 809.409 (2), the court
shall order that a person's driving privileges be permanently
revoked if the person is convicted of any degree of murder or of
manslaughter in the first degree and the court finds that the
person intentionally used a motor vehicle as a dangerous weapon
resulting in the death of the victim.
  (b) The court shall order that a person's driving privileges be
permanently revoked if the person { + :
  (A) + } Is convicted of felony driving while under the
influence of intoxicants in violation of ORS 813.010 { + ;  + }or
   { +  (B) + }   { - If the person - }  Is convicted of
misdemeanor driving while under the influence of intoxicants in
violation of ORS 813.010 or its statutory counterpart in any
other jurisdiction for a third or subsequent time { +  and at
least three of the convictions are for offenses committed while
the person was operating a motor vehicle + }.  { + The person
shall have the burden of proving that a prior conviction for
violating ORS 813.010 or its statutory counterpart in any other
jurisdiction was committed while operating a nonmotorized
vehicle. + }
  (2)(a) A person whose driving privileges are revoked as
described in subsection (1) of this section may file a petition
in the circuit court of the county in which the person resides
for an order restoring the person's driving privileges. A
petition may be filed under this subsection no sooner than 10
years after the person is:
  (A) Released on parole or post-prison supervision; or
  (B) Sentenced to probation if the probation is not revoked and
the person is thereafter discharged without the imposition of a
sentence of imprisonment.
  (b) The district attorney of the county in which the person
resides shall be named and served as the respondent in the
petition.
  (3) The court shall hold a hearing on a petition filed in
accordance with subsection (2) of this section. In determining
whether to grant the petition, the court shall consider:
  (a) The nature of the offense for which driving privileges were
revoked.
  (b) The degree of violence involved in the offense.
  (c) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that resulted in
the revocation.
  (d) The recommendation of the person's parole officer, which
shall be based in part on a psychological evaluation ordered by
the court to determine whether the person is presently a threat
to the safety of the public.
  (e) Any other relevant factors.
  (4) If, after a hearing described in subsection (3) of this
section, the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
order the petitioner's driving privileges restored.
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