75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1743
A-Engrossed
House Bill 2331
Ordered by the House March 25
Including House Amendments dated March 25
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon District Attorneys' 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.
{ - Restricts eligibility of defendants to enter into driving
while under the influence of intoxicants diversion
agreements. - }
{ + Imposes additional eligibility requirement on defendant
petitioning to enter into driving while under the influence of
intoxicants diversion agreement for second or subsequent
time. + }
A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants
diversion; 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. (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. + }
SECTION 2. ORS 802.200, as amended by section 8, chapter 1,
Oregon Laws 2008, 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, driver permits and identification cards. The records
required under this subsection shall include all of the
following:
(a) An index by name and number.
(b) Supporting documentation of all driver licenses, driver
permits or identification cards issued.
(c) Every application for a driver license, driver permit or
identification card.
(d) All driver licenses or driver permits that have been
suspended or revoked.
(e) For each driver license, driver permit or identification
card, the Social Security number of the person to whom the driver
license, driver permit or identification card is issued or proof
that the person is not eligible for a Social Security number.
(f) 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 of Transportation 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 driver 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 of Transportation, 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 of Transportation 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 of Transportation 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 3. { + (1) The amendments to ORS 813.215 by section 1
of this 2009 Act apply to diversion agreements entered into on or
after the effective date of this 2009 Act.
(2) The amendments to ORS 802.200 by section 2 of this 2009 Act
apply to diversion agreements included on a person's
nonemployment driving record before, on or after the effective
date of this 2009 Act. + }
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