Bill Text: OR HB2104 | 2011 | Regular Session | Enrolled
Bill Title: Relating to the Intoxicated Driver Program Fund.
Sponsorship: Unknown
Status: (Passed) 2011-08-02 - Chapter 719, (2011 Laws): Effective date January 1, 2012. [HB2104 Detail]
Download: Oregon-2011-HB2104-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2104
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for Oregon
Health Authority)
CHAPTER ................
AN ACT
Relating to the Intoxicated Driver Program Fund; creating new
provisions; and amending ORS 813.030 and 813.240.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.030 is amended to read:
813.030. The fee required by ORS 471.432 and 813.020 (1) shall
be in the amount of { - $130 - } { + $230 + }, except that
the court may waive all or part of the fee in cases involving
indigent defendants. The court may make provision for payment of
the fee on an installment basis. The fee shall be ordered paid as
follows:
(1) $105 to be credited and distributed under ORS 137.295 as an
obligation payable to the state; and
(2) { - $25 - } { + $125 + } to be paid to the Director of
the Oregon Health Authority for deposit in the Intoxicated Driver
Program Fund created by ORS 813.270.
SECTION 2. ORS 813.240 is amended to read:
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 shall
be { - $261 - } { + $361 + } and shall be ordered paid as
follows if the petition is allowed:
(a) $136 to be credited and distributed under ORS 137.295 as an
obligation payable to the state;
(b) $100 to be treated as provided for disposition of fines and
costs under ORS 153.630; and
(c) { - $25 - } { + $125 + } to be paid to the Director of
the Oregon Health Authority for deposit in the Intoxicated Driver
Program Fund created under ORS 813.270, to be used for purposes
of the fund.
(2) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $150 directly
to the agency or organization providing the diagnostic
assessment.
SECTION 3. { + The amendments to ORS 813.030 and 813.240 by
sections 1 and 2 of this 2011 Act apply to persons convicted of
driving while under the influence of intoxicants on or after the
effective date of this 2011 Act and to persons who file a
petition for a driving while under the influence of intoxicants
diversion agreement on or after the effective date of this 2011
Act. + }
Enrolled House Bill 2104 (HB 2104-B) Page 1
SECTION 4. { + If House Bill 3075 becomes law, section 1 of
this 2011 Act (amending ORS 813.030) is repealed and ORS 813.030,
as amended by section 3, chapter ___, Oregon Laws 2011 (Enrolled
House Bill 3075), is amended to read: + }
813.030. The fee required by ORS 471.432 and 813.020 (1) shall
be in the amount of { - $155 - } { + $255 + }, except that
the court may waive all or part of the fee in cases involving
indigent defendants. The court may make provision for payment of
the fee on an installment basis. The fee shall be ordered paid as
follows:
(1) $105 to be credited and distributed under ORS 137.295 as an
obligation payable to the state; and
(2) { - $50 - } { + $150 + } to be paid to the Director of
the Oregon Health Authority for deposit in the Intoxicated Driver
Program Fund created by ORS 813.270.
SECTION 5. { + If House Bill 3075 becomes law, section 2 of
this 2011 Act (amending ORS 813.240) is repealed and ORS 813.240,
as amended by section 4, chapter ___, Oregon Laws 2011 (Enrolled
House Bill 3075), is amended to read: + }
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 shall
be { - $286 - } { + $386 + } and shall be ordered paid as
follows if the petition is allowed:
(a) $136 to be credited and distributed under ORS 137.295 as an
obligation payable to the state;
(b) $100 to be treated as provided for disposition of fines and
costs under ORS 153.630; and
(c) { - $50 - } { + $150 + } to be paid to the Director of
the Oregon Health Authority for deposit in the Intoxicated Driver
Program Fund created under ORS 813.270, to be used for purposes
of the fund.
(2) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $150 directly
to the agency or organization providing the diagnostic
assessment.
SECTION 6. If House Bill 3075 becomes law, section 3 of this
2011 Act is amended to read:
{ + Sec. 3. + } The amendments to ORS 813.030 and 813.240 by
sections
{ - 1 and 2 - } { + 4 and 5 + } of this 2011 Act apply to
persons convicted of driving while under the influence of
intoxicants on or after the effective date of this 2011 Act and
to persons who file a petition for a driving while under the
influence of intoxicants diversion agreement on or after the
effective date of this 2011 Act.
----------
Enrolled House Bill 2104 (HB 2104-B) Page 2
Passed by House June 22, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 24, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2104 (HB 2104-B) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2104 (HB 2104-B) Page 4
