Bill Text: OR HB2749 | 2011 | Regular Session | Introduced

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Bill Title: Relating to driving while drowsy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2749 Detail]

Download: Oregon-2011-HB2749-Introduced.html

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     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 2319

                         House Bill 2749

Sponsored by Representative CLEM (at the request of Deanne
  Wachtler) (Presession filed.)

                             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.

  Creates offense of driving while drowsy. Punishes by maximum
fine of $360.
  Creates offense of driving while drowsy and harming another
person. Punishes by maximum fine of $720 or, if commission of
offense contributes to serious physical injury of another person,
maximum of 30 days' imprisonment, $1,250 fine, or both.
  Creates offense of criminal driving while drowsy. Punishes by
maximum of 20 years' imprisonment, $375,000 fine, or both.

                        A BILL FOR AN ACT
Relating to driving while drowsy.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2011 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) A person commits the offense of driving
while drowsy if the person operates a motor vehicle while drowsy
on a highway or other premises open to the public and is injured
or causes damage to the person's motor vehicle.
  (2) As used in this section, 'drowsy' means being in the state
of sleep or the process of falling asleep.
  (3) The offense described in this section, driving while
drowsy, is a Class B traffic violation. + }
  SECTION 3.  { + (1) A person commits the offense of driving
while drowsy and harming another person if the person operates a
motor vehicle while drowsy on a highway or other premises open to
the public and injures another person or causes damage to the
property of another person.
  (2) As used in this section:
  (a) 'Drowsy' means being in the state of sleep or the process
of falling asleep; and
  (b) 'Serious physical injury' has the meaning given that term
in ORS 161.015.
  (3) The offense described in this section, driving while drowsy
and harming another person, is a Class A traffic violation unless
the commission of the offense contributes to the serious physical
injury of a person. If the commission of the offense contributes
to the serious physical injury of a person, the offense is a
Class C misdemeanor. + }
  SECTION 4.  { + Section 5 of this 2011 Act is added to and made
a part of ORS chapter 163. + }
  SECTION 5.  { + (1) A person commits the offense of criminal
driving while drowsy if the person operates a motor vehicle while
drowsy on a highway or other premises open to the public and
causes the death of another person.
  (2) As used in this section:
  (a) 'Drowsy' means being in the state of sleep or the process
of falling asleep; and
  (b) 'Motor vehicle' has the meaning given that term in ORS
801.360.
  (3) Criminal driving while drowsy is a Class A felony. + }
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