Bill Text: OR HB2542 | 2013 | Regular Session | Enrolled
Bill Title: Relating to revocation of driving privileges for failure to perform the duties of a driver; and declaring an emergency.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2013-05-16 - Chapter 124, (2013 Laws): Effective date May 16, 2013. [HB2542 Detail]
Download: Oregon-2013-HB2542-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2542
Sponsored by Representative GARRETT; Representatives DOHERTY,
GELSER, MATTHEWS, OLSON (Presession filed.)
CHAPTER ................
AN ACT
Relating to revocation of driving privileges for failure to
perform the duties of a driver; creating new provisions;
amending ORS 809.409; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.409 is amended to read:
809.409. (1)(a) Upon receipt of a record of conviction of an
offense described in this section, the Department of
Transportation shall revoke the driving privileges of the person
convicted.
(b) A person is entitled to administrative review under ORS
809.440 of a revocation under this section.
(c) Except as otherwise provided in subsections (2) and (3) of
this section, the revocation shall be for a period of one year
from the date of revocation, except that the department may not
reinstate driving privileges of any person whose privileges are
revoked under this section until the person complies with future
responsibility filings.
(2) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of aggravated
vehicular homicide or aggravated driving while suspended or
revoked or any degree of murder, manslaughter or criminally
negligent homicide resulting from the operation of a motor
vehicle or assault in the first degree resulting from the
operation of a motor vehicle, except that the provisions of this
subsection do not apply to a person whose driving privileges are
ordered revoked under ORS 809.235. A person whose driving
privileges are revoked under this subsection may apply for
reinstatement of driving privileges:
(a) If the sentence for the crime for which the person's
driving privileges were revoked, or any other crimes arising from
the same criminal episode, includes incarceration, no sooner than
10 years from the date the person is released from incarceration
for all crimes arising out of the same criminal episode; or
(b) If the sentence for the crime for which the person's
driving privileges were revoked and any other crimes arising from
the same criminal episode does not include incarceration, no
sooner than 10 years from the date the department revoked the
privileges under this subsection.
(3) { + (a) Except as provided in paragraphs (b) and (c) of
this subsection, + } the department shall take action under
subsection (1) of this section upon receipt of a record of
Enrolled House Bill 2542 (HB 2542-INTRO) Page 1
conviction of failure to perform the duties of a driver to
injured persons under ORS 811.705.
{ + (b) The department shall revoke driving privileges under
this subsection for a period of three years if the court
indicates on the record of conviction that a person sustained
serious physical injury, as defined in ORS 161.015, as a result
of the accident. The person may apply for reinstatement of
privileges three years after the date the person was released
from incarceration, if the sentence includes incarceration. If
the sentence does not include incarceration, the person may apply
for reinstatement three years from the date the revocation was
imposed under this subsection.
(c) + } The department shall revoke driving privileges under
this subsection for a period of five years if the court indicates
on the record of conviction that a person was killed as a result
of the accident. The person may apply for reinstatement of
privileges five years after the date the person was released from
incarceration, if the sentence includes incarceration. If the
sentence does not include incarceration, the person may apply for
reinstatement five years from the date the revocation was imposed
under this subsection.
(4) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of perjury or
the making of a false affidavit to the department under any law
of this state requiring the registration of vehicles or
regulating their operation on the highways.
(5) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of any felony
with a material element involving the operation of a motor
vehicle.
SECTION 2. { + The amendments to ORS 809.409 by section 1 of
this 2013 Act apply to revocations for conduct occurring on or
after the effective date of this 2013 Act. + }
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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Passed by House March 11, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 7, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2542 (HB 2542-INTRO) Page 2
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 2542 (HB 2542-INTRO) Page 3
