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 848
A-Engrossed
Senate Bill 208
Ordered by the Senate May 4
Including Senate Amendments dated May 4
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Attorney General's Underage Drinking Task Force)
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.
{ - Provides that driving privileges of persons at least 15
years of age but under 21 years of age be suspended if minor is
issued citation for attempting to purchase, purchasing, acquiring
or possessing alcoholic beverages. - }
{ - Requires that police officers issue notices of intent to
suspend, and confiscate Oregon driver licenses and permits, when
police officers cite certain minors for attempting to purchase,
purchasing, acquiring or possessing alcoholic beverages.
Specifies contents of notice of intent to suspend. - }
{ - Authorizes issuance of temporary driving permits,
hardship driver permits and emergency driver permits under
certain circumstances. Restricts emergency driver permits to
persons between 14 and 18 years of age. - }
{ - Establishes procedure for seeking administrative and
judicial review of suspension. - }
{ - Allows surcharge on certain fees collected by Department
of Transportation for reinstatement of driving privileges.
Provides that surcharge be in amount determined by department to
be necessary to pay costs of implementing Act. - }
{ + Directs Department of Transportation to suspend, for
three years, driving privileges of person convicted of crime of
fleeing or attempting to elude police officer under certain
circumstances.
Makes law contingent on passage of Senate Bill 245 into
law. + }
A BILL FOR AN ACT
Relating to suspension of driving privileges; amending ORS
809.411 and 811.231.
Be It Enacted by the People of the State of Oregon:
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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