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 1749
 
                           A-Engrossed
 
                         Senate Bill 245
                  Ordered by the Senate May 13
            Including Senate Amendments dated May 13
 
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 Senate Interim Committee on
  Judiciary for Oregon District Attorneys' Association)
 
 
                             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.
 
    { - Directs Oregon Criminal Justice Commission to classify
fleeing or attempting to elude police officer as crime category 8
under certain circumstances. - }
   { +  Subjects person who commits crime of fleeing or
attempting to elude police officer under certain circumstances to
maximum of 10 years' imprisonment, $250,000 fine, or both.
Directs Oregon Criminal Justice Commission to classify specified
violation of fleeing or attempting to elude police officer as
crime category 7. + }
 
                        A BILL FOR AN ACT
Relating to sentencing guidelines; creating new provisions; and
  amending ORS 811.540.
Be It Enacted by the People of the State of Oregon:
  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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