75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 245
 
LC 1749/SB 245-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 245
 
                    By COMMITTEE ON JUDICIARY
 
                             May 13
 
  In line 2 of the printed bill, before the period insert ';
creating new provisions; and amending ORS 811.540'.
  Delete lines 4 through 15 and insert:
  '  { +  SECTION 1. + } ORS 811.540 is amended to read:
  ' 811.540. (1) A person commits the crime of fleeing or
attempting to elude a police officer if:
  ' (a) The person is operating a motor vehicle; and
  ' (b) A police officer who is in uniform and prominently
displaying the police officer's badge of office or operating a
vehicle appropriately marked showing it to be an official police
vehicle gives a visual or audible signal to bring the vehicle to
a stop, including any signal by hand, voice, emergency light or
siren, and either:
  ' (A) The person, while still in the vehicle, knowingly flees
or attempts to elude a pursuing police officer; or
  ' (B) The person gets out of the vehicle and knowingly flees or
attempts to elude the police officer.
  ' (2) It is an affirmative defense to a prosecution of a person
under this section that, after a police officer operating a
vehicle not marked as an official police vehicle signaled the
person to bring the person's vehicle to a stop, the person
proceeded lawfully to an area the person reasonably believed was
necessary to reach before stopping.
  ' (3) The offense described in this section, fleeing or
attempting to elude a police officer, is applicable upon any
premises open to the public and:
  '  { +  (a) Is a Class B felony if committed as described in
subsection (1)(b)(A) of this section by a person operating a
motor vehicle under circumstances manifesting extreme
indifference to the value of human life; + }
  '  { - (a) - }   { + (b) Except as provided in paragraph (a) of
this subsection, + } is a Class C felony if committed as
described in subsection (1)(b)(A) of this section; or
  '  { - (b) - }   { + (c) + } Is a Class A misdemeanor if
committed as described in subsection (1)(b)(B) of this section.
  '  { +  (4) The Oregon Criminal Justice Commission shall
classify a violation of this section, if committed as described
in subsection (3)(a) of this section, as crime category 7 of the
sentencing guidelines grid of the Oregon Criminal Justice
Commission. + }
  '  { +  SECTION 2. + }  { + The amendments to ORS 811.540 by
section 1 of this 2009 Act apply to conduct occurring on or after
the effective date of this 2009 Act. + } ' .
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