Bill Text: OR HB2141 | 2011 | Regular Session | Engrossed

Oregon House Bill 2141 (Prior Session Legislation)

Bill Title: Relating to the use of intoxicants while participating in diversion; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2141 Detail]

Download: Oregon-2011-HB2141-Engrossed.html



     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 519

                           A-Engrossed

                         House Bill 2141
                  Ordered by the House April 26
            Including House Amendments dated April 26

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber for
  Department of Transportation)

                             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.

  Proscribes use   { - or possession - }  of intoxicants while
person is participating in diversion.  { + Creates
exceptions. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the use of intoxicants while participating in
  diversion; creating new provisions; amending ORS 813.200; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 813.200 is amended to read:
  813.200. (1) The court shall inform at arraignment a defendant
charged with the offense of driving while under the influence of
intoxicants as defined in ORS 813.010 or a city ordinance
conforming thereto that a diversion agreement may be available if
the defendant meets the criteria set out in ORS 813.215 and files
with the court a petition for a driving while under the influence
of intoxicants diversion agreement.
  (2) The petition forms for a driving while under the influence
of intoxicants diversion agreement shall be available to a
defendant at the court.
  (3) The form of the petition for a driving while under the
influence of intoxicants diversion agreement and the information
and blanks contained therein shall be determined by the Supreme
Court under ORS 1.525. The petition forms made available to a
defendant by any city or state court shall conform to the
requirements adopted by the Supreme Court.
  (4) In addition to any other information required by the
Supreme Court to be contained in a petition for a driving while
under the influence of intoxicants diversion agreement, the
petition shall include:
  (a) A plea of guilty or no contest to the charge of driving
while under the influence of intoxicants signed by the defendant;
  (b) An agreement by the defendant to complete at an agency or
organization designated by the city or state court a diagnostic

assessment to determine the possible existence and degree of an
alcohol or drug abuse problem;
  (c) An agreement by the defendant to complete, at defendant's
own expense based on defendant's ability to pay, the program of
treatment indicated as necessary by the diagnostic assessment;
  (d)  { + Except as provided in subsection (5) of this
section, + } an agreement by the defendant to not use
intoxicants { +  during the diversion period + }   { - in
conjunction with the defendant's operation of a motor vehicle - }
and to comply fully with the laws of this state designed to
discourage the use of intoxicants   { - in conjunction with motor
vehicle operation - } ;
  (e) A notice to the defendant that the diversion agreement will
be considered to be violated if the court receives notice that
the defendant at any time during the diversion period committed
the offense of driving while under the influence of intoxicants
or committed a violation of ORS 811.170;
  (f) An agreement by the defendant to keep the court advised of
the defendant's current mailing address at all times during the
diversion period;
  (g) A waiver by the defendant of any former jeopardy rights
under the federal and state Constitutions and ORS 131.505 to
131.525 in any subsequent action upon the charge or any other
offenses based upon the same criminal episode;
  (h) A sworn statement, as defined in ORS 162.055, by the
defendant certifying that the defendant meets the criteria set
out in ORS 813.215 to be eligible to enter into the driving while
under the influence of intoxicants diversion agreement; and
  (i) An agreement by the defendant to pay court-appointed
attorney fees as determined by the court.
   { +  (5) A person may use intoxicants during the diversion
period if:
  (a) The person consumes sacramental wine given or provided as
part of a religious rite or service; or
  (b) The person has a valid prescription for a substance and the
person takes the substance as directed. + }
  SECTION 2.  { + The amendments to ORS 813.200 by section 1 of
this 2011 Act apply to diversion agreements entered into on or
after the effective date of this 2011 Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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