76th OREGON LEGISLATIVE ASSEMBLY--2011 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 150
 
                         Senate Bill 504
 
Sponsored by Senator BOQUIST (Presession filed.)
 
 
                             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 as
introduced.
 
  Extends suspension of driving privileges beyond end of
suspension period if person fails to submit proof of installation
of required ignition interlock device.
 
                        A BILL FOR AN ACT
Relating to ignition interlock devices; amending ORS 813.602.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 813.602 is amended to read:
  813.602. (1) When a person is convicted of driving while under
the influence of intoxicants in violation of ORS 813.010 or of a
municipal ordinance, the Department of Transportation, in
addition to any other requirement, shall require that an approved
ignition interlock device be installed and used in any vehicle
operated by the person:
  (a) Before the person is eligible for a hardship permit. The
requirement is a condition of the hardship permit for the
duration of the hardship permit.
  (b) For a first conviction, for one year after the ending date
of the suspension or revocation caused by the conviction.
Violation of the condition imposed under this paragraph is a
Class A traffic violation.
  (c) For a second or subsequent conviction, for two years after
the ending date of the suspension or revocation caused by the
conviction. Violation of the condition imposed under this
paragraph is a Class A traffic violation.
  (2) If the court determines that approved ignition interlock
devices are reasonably available, the court may require as a
condition of a driving while under the influence of intoxicants
diversion agreement that an approved ignition interlock device be
installed in any vehicle operated by the person. Courts may not
exercise authority under this subsection during any period the
courts have notice from the Office of Economic Analysis of the
Oregon Department of Administrative Services that there are not
sufficient moneys in the Intoxicated Driver Program Fund to pay
the costs under subsection (4) of this section. The Office of
Economic Analysis of the Oregon Department of Administrative
Services may not issue any notice under this subsection if
federal funds are available to pay the cost of the interlock
devices for indigents and costs of analysis of the use of
interlock devices.
 
  (3) Except as provided in subsection (4) of this section, if an
ignition interlock system is ordered or required under subsection
(1) or (2) of this section, the person so ordered or required
shall pay to the provider the reasonable costs of leasing,
installing and maintaining the device. A payment schedule may be
established for the person by the department.
  (4) The department may waive, in whole or in part, or defer the
defendant's responsibility to pay all or part of the costs under
subsection (3) of this section if the defendant meets the
criteria for indigence established for waiving or deferring such
costs under subsection (5) of this section. If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection (3) of this section
must be paid from the Intoxicated Driver Program Fund.
  (5) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs
described under subsection (3) of this section for indigence. The
criteria must be consistent with the standards for indigence
adopted by the federal government for purposes of the
Supplemental Nutrition Assistance Program.
  (6) At the end of the suspension or revocation resulting from
the conviction, the department shall suspend the driving
privileges or right to apply for driving privileges of a person
who has not submitted proof to the department that an ignition
interlock device has been installed or who tampers with an
ignition interlock device after it has been installed. If the
suspension is for failing to submit proof of installation, the
suspension continues until the department receives proof that the
ignition interlock device has been installed   { - or until one
year after the ending date of the suspension resulting from the
first conviction or two years after the ending date of the
suspension resulting from a second or subsequent conviction,
whichever comes first - } . If the suspension is for tampering
with an ignition interlock device, the suspension continues until
one year after the ending date of the suspension resulting from
the first conviction or two years after the ending date of the
suspension resulting from a second or subsequent conviction. A
person whose driving privileges or right to apply for privileges
is suspended under this subsection is entitled to administrative
review, as described in ORS 809.440, of the action.
  (7) The department shall adopt rules permitting medical
exemptions from the requirements of installation and use of an
ignition interlock device under subsection (1) of this section.
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