75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 3051
 
LC 3574/HB 3051-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3051
 
                    By COMMITTEE ON JUDICIARY
 
                            April 29
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and delete lines 3 through
5 and insert 'amending ORS 813.131.'.
  Delete lines 7 through 25 and delete pages 2 through 20 and
insert:
  '  { +  SECTION 1. + } ORS 813.131 is amended to read:
  ' 813.131. (1) Any person who operates a motor vehicle upon
premises open to the public or the highways of this state shall
be deemed to have given consent, subject to the Motorist Implied
Consent Law, to a chemical test of the person's urine for the
purpose of determining the presence of a controlled substance or
an inhalant in the person's body if the person is arrested for
driving while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance and either:
  ' (a) The person takes the breath test described in ORS 813.100
and the test discloses a blood alcohol content of less than 0.08
percent; or
  ' (b) The person is involved in an accident resulting in injury
or property damage. A urine test may be requested under this
paragraph regardless of whether a breath test has been requested
and regardless of the results of a breath test, if one is taken.
  ' (2) A police officer may not request a urine test unless the
officer is certified by the Board on Public Safety Standards and
Training as having completed at least eight hours of training in
recognition of drug impaired driving and the officer has a
reasonable suspicion that the person arrested has been driving
while under the influence of a controlled substance, an inhalant
or any combination of an inhalant, a controlled substance and
intoxicating liquor.
  ' (3) A person asked to give a urine sample shall be given
privacy and may not be observed by a police officer when
producing the sample.
  ' (4) { + (a) At the trial of any civil or criminal action,
suit or proceeding arising out of the acts committed by a person
driving a motor vehicle while under the influence of intoxicants,
a valid chemical analysis of a person's urine is admissible as
evidence and may be used with other evidence, if any, to
determine whether the person was driving while under the
influence of intoxicants.
  ' (b) + } A chemical analysis of a person's urine  { + is
valid + } under this   { - section shall be - }  { +  subsection
if analysis is + } performed in an accredited or licensed
toxicology laboratory.'.
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