Bill Text: OR HB2114 | 2013 | Regular Session | Introduced


Bill Title: Relating to drug recognition evaluations; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2114 Detail]

Download: Oregon-2013-HB2114-Introduced.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 178

                         House Bill 2114

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Health
  Care)

                             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.

  Provides that evidence of test administered, or observation
made, by police officer as part of drug recognition evaluation is
admissible in judicial or administrative proceeding if certain
conditions are met.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to drug recognition evaluations; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) The Department of State Police by rule
shall establish the tests and observations required for drug
recognition evaluations that are used for the purpose of
determining whether a person is under the influence of
intoxicants.
  (2) In any judicial or administrative proceeding in which a
person is alleged to have driven a vehicle while under the
influence of intoxicants, evidence of a test administered, or
observation made, by a police officer as part of a drug
recognition evaluation is admissible if:
  (a) The police officer who administered the test or made the
observation was properly qualified;
  (b) The test was administered or the observation was made in
the manner prescribed by rule under subsection (1) of this
section; and
  (c) The results of the test or observation were recorded
accurately.
  (3) Evidence of a test administered, or observation made, by a
police officer as part of a drug recognition evaluation is
admissible under subsection (2) of this section without regard to
whether the police officer administered all tests and made all
observations required for a drug recognition evaluation. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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