75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. HB 3271
LC 2922/HB 3271-A7
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3271
By COMMITTEE ON JUDICIARY
June 8
On page 1 of the printed A-engrossed bill, line 2, delete '
166.065' and insert '161.005, 163.165, 166.065, 169.151,
419A.260, 807.252, 809.404, 809.409, 809.413, 809.600, 809.730
and 811.182'.
Delete lines 24 through 28 and insert:
' (4) Notwithstanding subsection (3) of this section,
harassment is a Class A misdemeanor if a person violates:
' (a) Subsection (1)(a)(A) of this section by subjecting
another person to offensive physical contact and the offensive
physical contact consists of touching the sexual or other
intimate parts of the other person; or
' (b) Subsection (1)(c) of this section'.
On page 2, delete lines 17 and 18 and insert:
' { + SECTION 2. + } { + (1) A person commits the crime of
aggravated harassment if the person, knowing that the other
person is a:
' (a) Staff member, knowingly propels saliva, blood, urine,
semen, feces or other dangerous substance at the staff member
while the staff member is acting in the course of official duty
or as a result of the staff member's official duties; or
' (b) Public safety officer, knowingly propels blood, urine,
semen or feces at the public safety officer while the public
safety officer is acting in the course of official duty or as a
result of the public safety officer's official duties.
' (2) Aggravated harassment is a Class C felony. When a person
is convicted of violating subsection (1)(a) of this section, in
addition to any other sentence it may impose, the court shall
impose a term of incarceration in a state correctional facility.
' (3) As used in this section:
' (a) 'Public safety officer' means an emergency medical
technician as defined in ORS 682.025 or a fire service
professional, a parole and probation officer or a police officer
as those terms are defined in ORS 181.610.
' (b) 'Staff member' has the meaning given that term in ORS
163.165. + }
' { + SECTION 3. + } ORS 163.165 is amended to read:
' 163.165. (1) A person commits the crime of assault in the
third degree if the person:
' (a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
' (b) Recklessly causes serious physical injury to another
under circumstances manifesting extreme indifference to the value
of human life;
' (c) Recklessly causes physical injury to another by means of
a deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
' (d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle' has the meaning given that term in ORS 166.116;
' (e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;
' (f) While committed to a youth correction facility,
intentionally or knowingly causes physical injury to another
knowing the other person is a staff member of a youth correction
facility while the other person is acting in the course of
official duty;
' (g) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician { - or paramedic, as
those terms are - } { + , as + } defined in ORS 682.025, { + or
a paramedic + } while the { + emergency medical + } technician
or paramedic is performing official duties;
' (h) Being at least 18 years of age, intentionally or
knowingly causes physical injury to a child 10 years of age or
younger;
' { - (i) Knowing the other person is a staff member,
intentionally or knowingly propels any dangerous substance at the
staff member while the staff member is acting in the course of
official duty or as a result of the staff member's official
duties; - } or
' { - (j) - } { + (i) + } Intentionally, knowingly or
recklessly causes, by means other than a motor vehicle, physical
injury to the operator of a taxi while the operator is in control
of the taxi.
' (2) Assault in the third degree is a Class C felony.
{ - When a person is convicted of violating subsection (1)(i) of
this section, in addition to any other sentence it may impose,
the court shall impose a term of incarceration in a state
correction facility. - }
' (3) As used in this section:
' { - (a) 'Dangerous substance' includes, but is not limited
to, blood, urine, saliva, semen and feces. - }
' { - (b) - } { + (a) + } 'Staff member' means:
' (A) A corrections officer as defined in ORS 181.610, a youth
correction officer, a Department of Corrections or Oregon Youth
Authority staff member or a person employed pursuant to a
contract with the department or youth authority to work with, or
in the vicinity of, inmates or youth offenders; and
' (B) A volunteer authorized by the department, youth authority
or other entity in charge of a corrections facility to work with,
or in the vicinity of, inmates or youth offenders.
' { - (c) - } { + (b) + } 'Youth correction facility' has
the meaning given that term in ORS 162.135.
' { + SECTION 4. + } { + Section 5 of this 2009 Act is added
to and made a part of ORS chapter 163. + }
' { + SECTION 5. + } { + (1) A person commits the crime of
vehicular homicide if the person operates a motor vehicle that
causes the death of another person while violating ORS 811.175 or
811.182, if the suspension or revocation resulted from, or if the
hardship or probationary permit violated is based upon a
suspension or revocation that resulted from, a criminal offense
involving the use of a motor vehicle.
' (2) Vehicular homicide is a Class C felony. + }
' { + SECTION 6. + } ORS 161.005 is amended to read:
' 161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150
to 161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160
to 163.208, 163.215 to 163.257, 163.261, 163.263, 163.264,
163.266, 163.275, 163.285, 163.305 to 163.467, 163.432, 163.433,
163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to
164.377, 164.395 to 164.415, 164.805, 164.886, 165.002 to
165.102, 165.109, 165.805, 166.005 to 166.095, 166.350, 166.382,
166.384, 166.660, 167.002 to 167.027, 167.054, 167.057, 167.060
to 167.100, 167.117, 167.122 to 167.162, 167.203 to 167.252,
167.310 to 167.340 and 167.350, 167.810 and 167.820 { + and
section 5 of this 2009 Act + } shall be known and may be cited as
Oregon Criminal Code of 1971.
' { + SECTION 7. + } ORS 419A.260 is amended to read:
' 419A.260. (1) As used in this section and ORS 419A.262:
' (a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
' (b) 'Expunction' means:
' (A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
' (B) Where a record is kept by the Department of Human
Services or the Oregon Youth Authority, either the sealing of
such record by the department or the Oregon Youth Authority or,
in a multiperson file, the affixing to the front of the file, by
the department or the youth authority, a stamp or statement
identifying the name of the individual, the date of expunction
and instruction that no further reference shall be made to the
material that is subject to the expunction order except upon an
order of a court of competent jurisdiction.
' (c) 'Person' includes a person under 18 years of age.
' (d) 'Record' includes a fingerprint or photograph file,
report, exhibit or other material which contains information
relating to a person's contact with any law enforcement agency or
juvenile court or juvenile department and is kept manually,
through the use of electronic data processing equipment, or by
any other means by a law enforcement or public investigative
agency, a juvenile court or juvenile department or an agency of
the State of Oregon. 'Record' does not include:
' (A) A transcript of a student's Youth Corrections Education
Program academic record;
' (B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
' (C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
' (D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
' (E) Records related to a support obligation;
' (F) Medical records;
' (G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
' (H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
' (I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
' (J) Any records in cases under ORS 419C.005 in which a
juvenile court found a person to be within the jurisdiction of
the court based upon the person's commission of an act which if
done by an adult would constitute one of the following offenses:
' (i) Aggravated murder under ORS 163.095;
' (ii) Murder under ORS 163.115;
' (iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
' (iv) Manslaughter in the first degree under ORS 163.118;
' (v) Manslaughter in the second degree under ORS 163.125;
' (vi) Criminally negligent homicide under ORS 163.145;
' (vii) Assault in the first degree under ORS 163.185;
' (viii) Criminal mistreatment in the first degree under ORS
163.205;
' (ix) Kidnapping in the first degree under ORS 163.235;
' (x) Rape in the third degree under ORS 163.355;
' (xi) Rape in the second degree under ORS 163.365;
' (xii) Rape in the first degree under ORS 163.375;
' (xiii) Sodomy in the third degree under ORS 163.385;
' (xiv) Sodomy in the second degree under ORS 163.395;
' (xv) Sodomy in the first degree under ORS 163.405;
' (xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
' (xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
' (xviii) Sexual abuse in the third degree under ORS 163.415;
' (xix) Sexual abuse in the second degree under ORS 163.425;
' (xx) Sexual abuse in the first degree under ORS 163.427;
' (xxi) Promoting prostitution under ORS 167.012;
' (xxii) Compelling prostitution under ORS 167.017;
' { + (xxiii) Vehicular homicide under section 5 of this 2009
Act; + }
' { - (xxiii) - } { + (xxiv) + } Aggravated vehicular
homicide under ORS 163.149; or
' { - (xxiv) - } { + (xxv) + } An attempt to commit a crime
listed in this subparagraph other than manslaughter in the second
degree and criminally negligent homicide;
' (K) Blood samples, buccal samples and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
' (L) Records maintained in the Law Enforcement Data System
under ORS 181.592.
' (e) 'Termination' means:
' (A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
' (B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
' (2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or to a youth who is within the court's jurisdiction
under ORS 419C.005, and to the child's or youth's parent, of the
procedures for expunction of a record, the right to counsel under
this chapter, the legal effect of an expunction order and the
procedures for seeking relief from the duty to report as a sex
offender provided under ORS 181.823, at the following times:
' (a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
' (b) At the time of termination;
' (c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
' (d) At the time of notice of execution of an expunction
order.
' { + SECTION 8. + } ORS 807.252 is amended to read:
' 807.252. (1) The Department of Transportation may not issue a
hardship permit to a person whose driving privileges are
suspended for conviction of assault in the second, third or
fourth degree if the person, within 10 years preceding
application for the permit, has been convicted of:
' (a) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle;
' (b) Reckless driving, as defined in ORS 811.140;
' (c) Driving while under the influence of intoxicants, as
defined in ORS 813.010;
' (d) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705;
' (e) Criminal driving while suspended or revoked, as defined
in ORS 811.182;
' (f) Fleeing or attempting to elude a police officer, as
defined in ORS 811.540; or
' (g) Aggravated vehicular homicide, as defined in ORS
163.149 { + , or vehicular homicide, as defined in section 5 of
this 2009 Act + }.
' (2) A conviction arising out of the same episode as the
current suspension is not considered a conviction for purposes of
subsection (1) of this section.
' (3) The department may not issue a hardship permit to a
person whose driving privileges are suspended for a conviction of
assault in the second, third or fourth degree:
' (a) For a period of four years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the second degree and
the person was not incarcerated for that conviction.
' (b) For a period of four years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
second degree and the person was incarcerated for that
conviction.
' (c) For a period of two years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the third degree and
the person was not incarcerated for that conviction.
' (d) For a period of two years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
third degree and the person was incarcerated for that conviction.
' (e) For a period of six months from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the fourth degree and
the person is not incarcerated for that conviction.
' (f) For a period of six months from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
fourth degree and the person was incarcerated for that
conviction.
' (4) A hardship permit issued to a person whose driving
privileges are suspended because of a conviction for assault in
the second, third or fourth degree shall limit the person's
driving privileges:
' (a) To the times, places, routes and days the department
determines to be minimally necessary for the person to seek or
retain employment, to attend any alcohol or drug treatment or
rehabilitation program or to obtain required medical treatment
for the person or a member of the person's immediate family; and
' (b) To times, places, routes and days that are specifically
stated.
' (5) The person's driving privileges under the permit are
subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative
rules of the department, during the term of the permit.
' (6) The department may require the person to complete a
driver improvement program under ORS 809.480 as a condition of
the permit.
' (7) The department shall condition the permit so that the
permit will be revoked if the person is convicted of any of the
following:
' (a) Reckless driving under ORS 811.140.
' (b) Driving while under the influence of intoxicants under
ORS 813.010.
' (c) Failure to perform the duties of a driver under ORS
811.700 or 811.705.
' (d) Fleeing or attempting to elude a police officer under ORS
811.540.
' (e) Driving while suspended or revoked under ORS 811.175 or
811.182.
' (f) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle.
' (g) Aggravated vehicular homicide under ORS 163.149 { + or
vehicular homicide under section 5 of this 2009 Act + }.
' { + SECTION 9. + } ORS 809.404 is amended to read:
' 809.404. (1) The Department of Transportation shall suspend a
person's commercial driver license or right to apply for a
commercial driver license if the person is disqualified from
holding a commercial driver license under this section. A person
is entitled to administrative review under ORS 809.440 of a
suspension under this section.
' (2) A person is disqualified from holding a commercial driver
license if the person has two or more of any of the following in
any combination:
' (a) A record of conviction for driving while under the
influence of intoxicants under ORS 813.010 and the person was
driving a motor vehicle or a commercial motor vehicle at the time
of the offense.
' (b) A suspension of the person's commercial driver license
under ORS 813.410 for refusal to submit to a test under ORS
813.100 and the person was driving a motor vehicle or a
commercial motor vehicle at the time of the offense.
' (c) A suspension of the person's commercial driver license
under ORS 813.410 because the person submitted to a breath or
blood test and the person's blood, as shown by the test, had 0.04
percent or more by weight of alcohol and the person was driving a
commercial motor vehicle at the time of the offense.
' (d) A record of conviction under ORS 811.700 or 811.705 of
failure to perform the duties of a driver and the person was
driving a motor vehicle or a commercial motor vehicle at the time
of the offense.
' (e) A record of conviction of a crime punishable as a felony,
other than a felony described in subsection (3) of this section,
and the person was driving a motor vehicle or a commercial motor
vehicle at the time of the offense.
' (f) A record of conviction for driving a commercial motor
vehicle while, as a result of prior violations committed while
driving a commercial motor vehicle, the person's commercial
driver license had been suspended or revoked.
' (g) A record of conviction of any degree of murder,
manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first
degree resulting from the operation of a commercial motor
vehicle.
' { + (h) A record of conviction of aggravated vehicular
homicide or vehicular homicide. + }
' (3) A person is disqualified from holding a commercial driver
license if the person has a record of conviction for a crime
punishable as a felony that involves the manufacturing,
distributing or dispensing of a controlled substance, as defined
in ORS 475.005, and in which a motor vehicle or a commercial
motor vehicle was used. Notwithstanding subsection (4) of this
section, the department may not issue or reinstate a commercial
driver license for the lifetime of a person whose commercial
driver license is suspended under this subsection.
' (4) Ten years after a person is disqualified from holding a
commercial driver license under subsection (2) of this section,
or 10 years after receiving a lifetime suspension under ORS
809.413 (1), (2), (4) or (5), the person may apply to the
department for the right to apply for a commercial driver license
or for reinstatement of the person's commercial driver license.
The department may issue or reinstate a commercial driver license
to a person who meets all other requirements for the issuance of
a commercial driver license if the department, in the discretion
of the department, finds good cause shown and finds that the
person voluntarily entered and successfully completed
rehabilitation as approved by the department.
' (5) Notwithstanding subsection (4) of this section, if a
person whose commercial driver license is issued or reinstated
under subsection (4) of this section receives a subsequent
conviction or suspension described in subsection (2) of this
section, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
for the lifetime of the person.
' (6) For the purposes of this section:
' (a) Second or subsequent records of conviction or suspensions
apply only if the convictions or suspensions arose out of
separate incidents.
' (b) A record of conviction or suspension applies to a person
who does not hold a commercial driver license only if the person
was driving a commercial motor vehicle at the time of the
commission of the offense.
' { + SECTION 10. + } ORS 809.409 is amended to read:
' 809.409. (1)(a) Upon receipt of a record of conviction of an
offense described in this section, the Department of
Transportation shall revoke the driving privileges of the person
convicted.
' (b) A person is entitled to administrative review under ORS
809.440 of a revocation under this section.
' (c) Except as otherwise provided in subsections (2) and (3)
of this section, the revocation shall be for a period of one year
from the date of revocation, except that the department may not
reinstate driving privileges of any person whose privileges are
revoked under this section until the person complies with future
responsibility filings.
' (2) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of aggravated
vehicular homicide { + or vehicular homicide + } or any degree
of murder, manslaughter or criminally negligent homicide
resulting from the operation of a motor vehicle or assault in the
first degree resulting from the operation of a motor vehicle,
except that the provisions of this subsection do not apply to a
person whose driving privileges are ordered revoked under ORS
809.235. A person whose driving privileges are revoked under this
subsection may apply for reinstatement of driving privileges:
' (a) If the sentence for the offense includes incarceration,
eight years from the date the person is released from
incarceration for the offense; or
' (b) If the sentence does not include incarceration, eight
years from the date the department revoked the privileges under
this subsection.
' (3) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of failure to
perform the duties of a driver to injured persons under ORS
811.705. The department shall revoke driving privileges under
this subsection for a period of five years if the court indicates
on the record of conviction that a person was killed as a result
of the accident. The person may apply for reinstatement of
privileges five years after the date the person was released from
incarceration, if the sentence includes incarceration. If the
sentence does not include incarceration, the person may apply for
reinstatement five years from the date the revocation was imposed
under this subsection.
' (4) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of perjury or
the making of a false affidavit to the department under any law
of this state requiring the registration of vehicles or
regulating their operation on the highways.
' (5) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of any felony
with a material element involving the operation of a motor
vehicle.
' { + SECTION 11. + } ORS 809.413 is amended to read:
' 809.413. The Department of Transportation shall suspend the
commercial driver license of a person when the department
receives a record of conviction, notification or notice described
in this section. A person is entitled to administrative review
under ORS 809.440 of a suspension under this section. The
department shall suspend the commercial driver license when the
department receives:
' (1) A record of conviction under ORS 811.700 or 811.705 of
failure to perform the duties of a driver while operating a motor
vehicle or a commercial motor vehicle. A conviction under this
subsection shall result in:
' (a) A suspension for a period of one year if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (b) A suspension for a period of three years if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
' (2) A record of conviction of a crime punishable as a felony
involving the operation of a motor vehicle or a commercial motor
vehicle, other than the felony described in subsection (3) of
this section. A conviction under this subsection shall result in:
' (a) A suspension for a period of one year if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (b) A suspension for a period of three years if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
' (3) A record of conviction of a crime punishable as a felony
that involves the manufacturing, distributing or dispensing of a
controlled substance, as defined in ORS 475.005, and in which a
motor vehicle or commercial motor vehicle was used. A conviction
under this subsection shall result in a lifetime suspension of
the person's commercial driving license.
' (4) A record of conviction for driving a commercial motor
vehicle while, as a result of prior violations committed while
operating a commercial motor vehicle, the commercial driver
license of the driver had been suspended or revoked. A conviction
under this subsection shall result in:
' (a) A suspension for a period of one year if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (b) A suspension for a period of three years if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
' (5) A record of conviction of any degree of murder,
manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first
degree resulting from the operation of a commercial motor vehicle
{ + or aggravated vehicular homicide or vehicular homicide + }.
A conviction under this section shall result in:
' (a) A suspension for a period of one year if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (b) A suspension for a period of three years if:
' (A) The person has not previously been convicted of an
offense described in ORS 809.404 or had a commercial driver
license suspended as described in ORS 809.404; and
' (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
' (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
' (6) A record of conviction of a serious traffic violation if
the conviction occurred within three years of a previous
conviction for a serious traffic violation and if the convictions
arose out of separate incidents. A suspension under this
subsection shall be:
' (a) For a period of 60 days if the conviction is the person's
second conviction for a serious traffic violation within the
three-year period.
' (b) For a period of 120 days if the conviction is the
person's third or subsequent conviction for a serious traffic
violation within the three-year period. A suspension imposed
under this paragraph shall be consecutive to any other suspension
imposed for a serious traffic violation.
' (7) Notification that a person violated an out-of-service
order issued under ORS 813.050 or has knowingly violated any
other out-of-service order or notice. Notification under this
subsection may include, but not be limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make a determination that the person
has violated an out-of-service order or notice. A suspension
under this subsection shall be:
' (a) Except as provided in paragraph (b) of this subsection,
for a period of 90 days if the notification relates to the
person's first violation of an out-of-service order or notice.
' (b) For a period of one year if the notification relates to
the person's first violation of an out-of-service order or notice
and the person committed the violation while transporting
hazardous materials required to be placarded or while operating a
motor vehicle designed to transport 16 or more persons, including
the driver.
' (c) Except as provided in paragraph (d) of this subsection,
for a period of three years if the notification relates to a
second or subsequent violation of an out-of-service notice or
order that occurred within a 10-year period.
' (d) For a period of five years if the notification relates to
a second or subsequent violation of an out-of-service notice or
order that occurred within a 10-year period and the person
committed the violation while transporting hazardous materials
required to be placarded or was operating a motor vehicle
designed to transport 16 or more persons, including the driver,
regardless of the load or kind of vehicle involved in the prior
violation.
' (8) Notification from the Federal Motor Carrier Safety
Administration that a person in this state who holds a commercial
driver license in this state has been disqualified from operating
a commercial motor vehicle and that the disqualification is due
to a determination that the driving of that person constitutes an
imminent hazard. A suspension under this subsection shall be made
immediately and for the period prescribed by the Federal Motor
Carrier Safety Administration, except that:
' (a) Notwithstanding any disqualification hearings conducted
by the Federal Motor Carrier Safety Administration, a suspension
under this subsection is subject to a post-imposition hearing
under ORS 809.440.
' (b) Notwithstanding the period of suspension prescribed by
the Federal Motor Carrier Safety Administration, a suspension
under this subsection may not exceed one year.
' (9) Notification from another jurisdiction that the person
failed to appear on a citation for a traffic offense or for a
violation in the other jurisdiction that, if committed in this
state, would be grounds for suspension under ORS 809.220, and the
person held a commercial driver license or was operating a
commercial motor vehicle at the time of the offense. A suspension
under this subsection:
' (a) Shall end upon the earliest of five years from the date
of suspension or upon notification by the other jurisdiction that
the person appeared.
' (b) Shall be placed on the person's driving record regardless
of whether another jurisdiction places the suspension on the
person's driving record.
' (c) May not be for a person's failure to appear on a parking,
pedestrian or bicyclist offense.
' (10) Notification from another jurisdiction that the person
failed to pay a fine or obey an order of the court on a citation
for a traffic offense or for a violation in the other
jurisdiction that, if committed in this state, would be grounds
for suspension under ORS 809.415 (4), and the person held a
commercial driver license or was operating a commercial motor
vehicle at the time of the offense. A suspension under this
subsection:
' (a) Shall end upon the earliest of five years from the date
of suspension or upon notification by the other jurisdiction that
the person paid the fine or obeyed the order of the court.
' (b) Shall be placed on the person's driving record regardless
of whether another jurisdiction places the suspension on the
person's driving record.
' (c) May not be for a person's failure to pay a fine or obey
an order of the court on a parking, pedestrian or bicyclist
offense.
' (11) Notice of a conviction in another jurisdiction of an
offense that, if committed in this state, would be grounds for
the suspension of the person's commercial driver license. The
period of suspension under this subsection shall be the same as
would be imposed on the person if the conviction were for an
offense committed in this state.
' (12) Notification from another jurisdiction that a person who
is a resident of this state and who holds a commercial driver
license has had commercial driving privileges suspended or
revoked in another jurisdiction for reasons that would be grounds
for suspension of the person's commercial driver license in this
state. The period of suspension under this subsection shall be
the same as would be imposed on the person if the violation were
committed in this state.
' { + SECTION 12. + } ORS 809.600 is amended to read:
' 809.600. This section establishes the kinds of offenses and
the number of convictions necessary to revoke the driving
privileges of a person as a habitual offender under ORS 809.640.
The kinds of offenses and the number of convictions necessary to
revoke driving privileges as a habitual offender are as follows:
' (1) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has
been convicted of three or more of any one or more of the
following offenses as evidenced by the records maintained by the
Department of Transportation or by the records of a similar
agency of another state:
' (a) Any degree of murder, manslaughter, criminally negligent
homicide, assault, recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle.
' (b) Driving while under the influence of intoxicants under
ORS 813.010.
' (c) Criminally driving a motor vehicle while suspended or
revoked, under ORS 811.182.
' (d) Reckless driving under ORS 811.140.
' (e) Failure to perform the duties of a driver under ORS
811.700 or 811.705.
' (f) Fleeing or attempting to elude a police officer under ORS
811.540.
' (g) Aggravated vehicular homicide under ORS 163.149 { + or
vehicular homicide under section 5 of this 2009 Act + }.
' (2) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has
been convicted of 20 or more of any one or more of the following
offenses as evidenced by the records maintained by the department
or by a similar agency of another state:
' (a) Any offenses enumerated in subsection (1) of this
section.
' (b) Any offense specified in the rules of the department
adopted under ORS 809.605.
' (3) A person's driving privileges shall not be revoked under
subsection (2) of this section until the person's 21st conviction
within a five-year period when the 20th conviction occurs after a
lapse of two years or more from the last preceding conviction.
' (4) The offenses described under this section include any of
the following:
' (a) Any violation of a traffic ordinance of a city, municipal
or quasi-municipal corporation that substantially conforms to
offenses described under this section.
' (b) Any violation of offenses under any federal law or any
law of another state, including subdivisions thereof, that
substantially conform to offenses described in this section.
' { + SECTION 13. + } ORS 809.730 is amended to read:
' 809.730. (1) A motor vehicle may be seized and forfeited if
the person operating the vehicle is arrested or issued a citation
for driving while under the influence of intoxicants in violation
of ORS 813.010 and the person, within three years prior to the
arrest or issuance of the citation, has been convicted of:
' (a) Driving while under the influence of intoxicants in
violation of:
' (A) ORS 813.010; or
' (B) 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;
' (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;
' (d) Murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle in
this state or in another jurisdiction; or
' (e) Aggravated vehicular homicide under ORS 163.149 { + or
vehicular homicide under section 5 of this 2009 Act + }.
' (2) For the purposes of subsection (1) 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) All seizure and forfeiture proceedings under this section
shall be conducted in accordance with ORS chapter 475A.
' { + SECTION 14. + } ORS 811.182 is amended to read:
' 811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
' (2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
' (3) The offense described in this section, criminal driving
while suspended or revoked, is a Class B felony if the suspension
or revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle, if the suspension or revocation
resulted from aggravated vehicular homicide { + or vehicular
homicide + } or if the revocation resulted from a conviction for
felony driving while under the influence of intoxicants.
' (4) The offense described in this section, criminal driving
while suspended or revoked, is a Class A misdemeanor if the
suspension or revocation is any of the following:
' (a) A suspension under ORS 809.411 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
' (b) A revocation under ORS 809.409 (4) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
' (c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
' (A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
' (B) 0.04 percent or more by weight if the person was driving
a commercial motor vehicle; or
' (C) Any amount if the person was under 21 years of age.
' (d) A suspension of a commercial driver license under ORS
809.413 (1) resulting from failure to perform the duties of a
driver under ORS 811.700 while driving a commercial motor
vehicle.
' (e) A suspension of a commercial driver license under ORS
809.413 (12) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.
' (f) A suspension of a commercial driver license under ORS
809.404.
' (g) A revocation resulting from habitual offender status
under ORS 809.640.
' (h) A suspension resulting from any crime punishable as a
felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection
(3) of this section.
' (i) A suspension for failure to perform the duties of a
driver under ORS 811.705.
' (j) A suspension for reckless driving under ORS 811.140.
' (k) A suspension for fleeing or attempting to elude a police
officer under ORS 811.540.
' (L) A suspension or revocation resulting from misdemeanor
driving while under the influence of intoxicants under ORS
813.010.
' (m) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
' (5) In addition to any other sentence that may be imposed, if
a person is convicted of the offense described in this section
and the underlying suspension resulted from driving while under
the influence of intoxicants, the court shall impose a fine of at
least $1,000 if it is the person's first conviction for criminal
driving while suspended or revoked and at least $2,000 if it is
the person's second or subsequent conviction.
' (6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category 6 of
the rules of the Oregon Criminal Justice Commission.
' { + SECTION 15. + } ORS 169.151 is amended to read:
' 169.151. (1) A city or, notwithstanding ORS 169.150 (1), a
county may seek reimbursement from a person who is or was
committed to the local correctional facility of the county or
city upon conviction of a crime for any expenses incurred by the
county or city in safekeeping and maintaining the person. The
county or city may seek reimbursement:
' (a) At a rate of $60 per day or its actual daily cost of
safekeeping and maintaining the person, whichever is less,
multiplied by the total number of days the person was confined to
the local correctional facility, including, but not limited to,
any period of pretrial detention; and
' (b) For any other charges or expenses that the county or city
is entitled to recover under ORS 169.150.
' (2) The county or city may seek reimbursement for expenses as
provided in subsection (1) of this section by filing a civil
action { - no later than one year - } { + no later than six
years + } after the person from whom reimbursement is sought is
released from the local correctional facility.
' (3) When a person is found liable for expenses described in
subsection (1) of this section and an amount is determined, the
court shall, before entering a judgment against the person, allow
the person to present evidence on the issue of the person's
ability to pay. When a person presents such evidence, the court
shall determine the person's ability to pay taking into
consideration:
' (a) The financial resources of the person and the burden that
payment will impose on the person in providing basic economic
necessities to the person or the person's dependent family; and
' (b) Any other monetary obligations imposed upon the person by
the court as a result of the conviction for which the person was
committed to the local correctional facility.
' (4) The court, and not a jury, shall determine the
defendant's ability to pay under subsection (3) of this section.
' (5) Upon the conclusion of a proceeding under subsection (3)
of this section, the court may enter a judgment:
' (a) Of dismissal if the court finds that the person lacks the
ability to pay;
' (b) For less than the full amount determined if the court
finds that the person has the ability to pay a portion of the
amount; or
' (c) For the full amount determined, plus costs and
disbursements, if the court determines the person has the ability
to pay.
' (6) Any reimbursements collected under this section must be
credited to the general fund of the county or city to be
available for general fund purposes.
' { + SECTION 16. + } { + (1) Section 2 of this 2009 Act and
the amendments to ORS 163.165 and 166.065 by sections 1 and 3 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act.
' (2) The amendments to ORS 169.151 by section 15 of this 2009
Act apply to civil actions seeking reimbursement from persons
released from local correctional facilities on or after the
effective date of this 2009 Act. + } ' .
----------