Bill Text: OR HB2117 | 2013 | Regular Session | Enrolled
Bill Title: Relating to driving while under the influence of intoxicants; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-07-25 - Chapter 642, (2013 Laws): Effective date July 25, 2013. [HB2117 Detail]
Download: Oregon-2013-HB2117-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2117
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Health
Care)
CHAPTER ................
AN ACT
Relating to driving while under the influence of intoxicants;
creating new provisions; amending ORS 813.100 and 813.140; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.100 is amended to read:
813.100. (1) Any person who operates a motor vehicle upon
premises open to the public or the highways of this state shall
be deemed to have given consent, subject to the implied consent
law, to a chemical test of the person's breath, or of the
person's blood if the person is receiving medical care in a
health care facility immediately after a motor vehicle accident,
for the purpose of determining the alcoholic content of the
person's blood if the person is arrested for driving a motor
vehicle while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance. A test shall be
administered upon the request of a police officer having
reasonable grounds to believe the person arrested to have been
driving while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance. Before the test is
administered the person requested to take the test shall be
informed of consequences and rights as described under ORS
813.130.
(2) No chemical test of the person's breath or blood shall be
given, under subsection (1) of this section, to a person under
arrest for driving a motor vehicle while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal
ordinance, if the person refuses the request of a police officer
to submit to the chemical test after the person has been informed
of consequences and rights as described under ORS 813.130.
(3) If a person refuses to take a test under this section or if
a breath test under this section discloses that the person, at
the time of the test, had a level of alcohol in the person's
blood that constitutes being under the influence of intoxicating
liquor under ORS 813.300, the person's driving privileges are
subject to suspension under ORS 813.410 and the police officer
shall do all of the following:
(a) Immediately take custody of any driver license or permit
issued by this state to the person to grant driving privileges.
(b) Provide the person with a written notice of intent to
suspend, on forms prepared and provided by the Department of
Enrolled House Bill 2117 (HB 2117-B) Page 1
Transportation. The written notice shall inform the person of
consequences and rights as described under ORS 813.130.
(c) If the person qualifies under ORS 813.110, issue to the
person, on behalf of the department, a temporary driving permit
described under ORS 813.110.
(d) Within a period of time required by the department by rule,
report action taken under this section to the department and
prepare and cause to be delivered to the department a report as
described in ORS 813.120, along with the confiscated license or
permit and a copy of the notice of intent to suspend.
(4) If a blood test under this section discloses that the
person, at the time of the test, had a level of alcohol in the
person's blood that constitutes being under the influence of
intoxicating liquor under ORS 813.300, the person's driving
privileges are subject to suspension under ORS 813.410 and the
police officer shall report to the department within 45 days of
the date of arrest that the person failed the blood test.
{ + (5) Nothing in this section precludes a police officer
from obtaining a chemical test of the person's breath or blood
through any lawful means for use as evidence in a criminal or
civil proceeding including, but not limited to, obtaining a
search warrant. + }
SECTION 2. ORS 813.140 is amended to read:
813.140. Nothing in ORS 813.100 is intended to preclude the
administration of a chemical test described in this section. A
police officer may obtain a chemical test of the { + breath
or + } blood to determine the amount of alcohol in any person's
blood or a test of the person's blood or urine, or both, to
determine the presence of a controlled substance or an inhalant
in the person as provided in the following:
(1) If, when requested by a police officer, the person
expressly consents to such a test.
(2) Notwithstanding subsection (1) of this section, from a
person without the person's consent if:
(a) The police officer has probable cause to believe that the
person was driving while under the influence of intoxicants and
that evidence of the offense will be found in the person's blood
or urine; and
(b) The person is unconscious or otherwise in a condition
rendering the person incapable of expressly consenting to the
test or tests requested.
SECTION 3. { + The amendments to ORS 813.100 and 813.140 by
sections 1 and 2 of this 2013 Act apply to offenses that occur on
or after the effective date of this 2013 Act. + }
SECTION 4. { + 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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Enrolled House Bill 2117 (HB 2117-B) Page 2
Passed by House July 1, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 6, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2117 (HB 2117-B) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2117 (HB 2117-B) Page 4
