75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 208
 
LC 848/SB 208-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 208
 
                    By COMMITTEE ON JUDICIARY
 
                              May 4
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and delete line 3 and
insert ' amending ORS 809.411 and 811.231.'.
  Delete lines 5 through 24 and delete pages 2 through 10 and
insert:
  '  { +  SECTION 1. + } If Senate Bill 245 becomes law, ORS
809.411 is amended to read:
  ' 809.411. (1)(a) Upon receipt of a record of conviction for an
offense described in this section, the Department of
Transportation shall suspend the driving privileges of the person
convicted.
  ' (b) A person is entitled to administrative review under ORS
809.440 of a suspension under this section.
  ' (c) Except as otherwise provided in subsections   { - (7),
(8), (9) and (10) - }   { + (5), (8), (9), (10) and (11) + } of
this section, the suspension shall be for the period of time
described in Schedule I of ORS 809.428, except that the
department may not reinstate driving privileges of any person
whose privileges are suspended 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 any degree
of recklessly endangering another person, menacing or criminal
mischief resulting from the operation of a motor vehicle.
  ' (3) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of reckless
driving under ORS 811.140.
  ' (4) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of failure to
perform duties of a driver when property is damaged under ORS
811.700.
  '  { +  (5) The department shall take action under subsection
(1) of this section upon receipt of a record of conviction of
fleeing or attempting to elude a police officer under ORS 811.540
(3)(a).  A suspension under this subsection shall continue for a
period of three years from the date of suspension. + }
  '  { - (5) - }  { +  (6) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of fleeing or attempting to elude a police officer
under ORS 811.540  { +  (3)(b) or (c) + }.
  '  { - (6) - }  { +  (7) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of reckless endangerment of highway workers under ORS
811.231 (1).
  '  { - (7) - }  { +  (8) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of theft under ORS 164.043, 164.045 or 164.055 when
the theft was of gasoline. A suspension under this subsection
shall continue for a period of six months from the date of
suspension.
  '  { - (8) - }  { +  (9) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of criminal trespass under ORS 164.245 that involves
the operation of a motor vehicle. A suspension under this
subsection shall continue for a period of six months from the
date of suspension.
  '  { - (9) - }  { +  (10) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of an offense described in ORS 809.310. A suspension
under this subsection shall continue for a period of one year
from the date of the suspension.
  '  { - (10)(a) - }  { +  (11)(a) + } The department shall take
action under subsection (1) of this section upon receipt of a
record of conviction of assault in the second, third or fourth
degree resulting from the operation of a motor vehicle.
  ' (b) A person who is convicted of assault in the second degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges eight years
from the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges eight
years from the date the department suspended the privileges under
this subsection.
  ' (c) A person who is convicted of assault in the third degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges five years from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges five
years from the date the department suspended the privileges under
this subsection.
  ' (d) A person who is convicted of assault in the fourth degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges one year from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges one year
from the date the department suspended the privileges under this
subsection.
  '  { +  SECTION 2. + } If Senate Bill 245 becomes law, ORS
811.231 is amended to read:
  ' 811.231. (1) A person commits the offense of reckless
endangerment of highway workers if the person drives a motor
vehicle in a highway work zone in such a manner as to endanger
persons or property or if the person removes, evades or
intentionally strikes a traffic control device in a highway work
zone.
  ' (2) Reckless endangerment of highway workers is a Class A
misdemeanor. In addition to any other penalty, a person convicted
of reckless endangerment of highway workers is subject to
suspension of driving privileges as provided in ORS 809.411
 { - (6) - }  { +  (7) + }.'.
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