75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2331
 
LC 1743/HB 2331-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2331
 
                    By COMMITTEE ON JUDICIARY
 
                            March 25
 
  On page 1 of the printed bill, delete lines 5 through 31.
  On page 2, delete lines 1 through 21 and insert:
  '  { +  SECTION 1. + } ORS 813.215 is amended to read:
  ' 813.215. (1) A defendant is eligible for diversion if the
defendant meets all of the following conditions:
  ' (a) On the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion
agreement, the defendant had no charge, other than the charge for
the present offense, pending for:
  ' (A) An offense of driving while under the influence of
intoxicants in violation of:
  ' (i) ORS 813.010; or
  ' (ii) The statutory counterpart to ORS 813.010 in another
jurisdiction;
  ' (B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving of a
vehicle due to the use of intoxicating liquor, a controlled
substance, an inhalant or any combination thereof; or
  ' (C) A driving offense in another jurisdiction that involved
operating a vehicle while having a blood alcohol content above
that jurisdiction's permissible blood alcohol content.
  ' (b) The defendant has not been convicted of an offense
described in paragraph (a) of this subsection 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.
  ' (c) The defendant has not been convicted of a felony offense
described in ORS 813.010 (5)(a).
  ' (d) 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 another jurisdiction on the date the
defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement.
  ' (e) The defendant did not participate in a diversion or
rehabilitation program described in paragraph (d) of this
subsection, 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.
  ' (f) The defendant had no charge of an offense of aggravated
vehicular homicide or of murder, manslaughter, criminally
negligent homicide or assault that resulted from the operation of
a motor vehicle pending in this state or in another jurisdiction
on the date the defendant filed the petition for a driving while
under the influence of intoxicants diversion agreement.
  ' (g) The defendant has not been convicted of an offense
described in paragraph (f) of this subsection 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.
  ' (h) The defendant did not hold a commercial driver license on
the date of the commission of the offense.
  ' (i) The defendant was not operating a commercial motor
vehicle at the time of the offense.
  ' (j) The present driving while under the influence of
intoxicants offense did not involve an accident resulting in:
  ' (A) Death of any person; or
  ' (B) Physical injury as defined in ORS 161.015 to any person
other than the defendant.
  ' (2) For the purposes of subsection (1)(a) of this section, a
conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol
content that is lower than the permissible blood alcohol content
in that jurisdiction for a person 21 years of age or older does
not constitute a prior conviction.
  '  { +  (3) A defendant is eligible for a second or subsequent
diversion if the defendant meets all of the conditions of
subsection (1) of this section and the defendant has not been
convicted of any other criminal offense within the period
beginning 15 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for the second or subsequent driving while under the
influence of intoxicants diversion agreement. + } ' .
  On page 4, line 40, restore the bracketed material and delete '
10' and insert '15'.
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