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 3574
 
                           A-Engrossed
 
                         House Bill 3051
                  Ordered by the House April 29
            Including House Amendments dated April 29
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Mothers
  Against Drunk Driving)
 
 
                             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.
 
    { - Requires permanent revocation of driving privileges for
persons convicted of driving while under influence of
intoxicants. - }
    { - Increases amount of time person must use ignition
interlock device after ending date of revocation of driving
privileges for conviction of driving while under influence of
intoxicants. - }
    { - Increases penalty for offense of unlawfully soliciting
another to blow into ignition interlock device or start motor
vehicle equipped with ignition interlock device. Punishes by
maximum of six months' imprisonment, $2,500 fine, or both. - }
    { - Increases penalty for offense of tampering with ignition
interlock device. Punishes by maximum of six months'
imprisonment, $2,500 fine, or both. - }
    { - Requires person ordered to install ignition interlock
device to report to court within 30 days of order. - }
    { - Requires provider of ignition interlock devices to
provide reports generated by device to court and district
attorney. - }
   { +  Makes valid chemical analysis of person's urine
admissible at trial as evidence of whether person was driving
while under influence of intoxicants. Specifies that chemical
analysis is valid if performed by accredited or licensed
toxicology laboratory. + }
 
                        A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants;
  amending ORS 813.131.
Be It Enacted by the People of the State of Oregon:
  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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