Bill Text: OR HB3075 | 2011 | Regular Session | Enrolled
Bill Title: Relating to ignition interlock devices.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2011-08-02 - Chapter 671, (2011 Laws): Effective date January 1, 2012. [HB3075 Detail]
Download: Oregon-2011-HB3075-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3075
Sponsored by Representatives HUNT, HOYLE, BARKER, THATCHER;
Representatives BARNHART, DOHERTY, GELSER, Senators DEVLIN,
MONNES ANDERSON, PROZANSKI, SHIELDS
CHAPTER ................
AN ACT
Relating to ignition interlock devices; creating new provisions;
and amending ORS 813.030, 813.240, 813.600 and 813.602.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.600 is amended to read:
813.600. (1) The Department of Transportation, in consultation
with the Transportation Safety Committee, shall establish a
program for the use of ignition interlock devices by persons
convicted of driving { + while + } under the influence of
intoxicants and granted hardship permits under ORS 807.240
{ + and by persons who have entered into a driving while under
the influence of intoxicants diversion agreement + }.
(2) The department shall adopt rules that specify requirements
for ignition interlock devices that may be used and shall publish
a list of devices that meet the requirements. The list may
include devices that:
(a) Do not impede the safe operation of the vehicle;
(b) Have the fewest opportunities to be bypassed;
(c) Correlate well with established measures of alcohol
impairment;
(d) Work accurately and reliably in an unsupervised
environment;
(e) Require a deep lung breath sample or other accurate measure
of blood alcohol content equivalence;
(f) Resist tampering and give evidence if tampering is
attempted;
(g) Are difficult to circumvent, and require premeditation to
do so;
(h) Minimize inconvenience to a sober user;
(i) Operate reliably over the range of automobile environments
or automobile manufacturing standards;
(j) Are manufactured by a party who is adequately insured for
product liability; and
(k) Have a label affixed in a prominent location warning that
any person tampering with, circumventing or otherwise misusing
the device is subject to civil penalty.
SECTION 2. ORS 813.602 is amended to read:
813.602. (1) When a person is convicted of driving while under
the influence of intoxicants in violation of ORS 813.010 or of a
municipal ordinance, the Department of Transportation, in
addition to any other requirement, shall require that an approved
Enrolled House Bill 3075 (HB 3075-A) Page 1
ignition interlock device be installed and used in any vehicle
operated by the person:
(a) Before the person is eligible for a hardship permit. The
requirement is a condition of the hardship permit for the
duration of the hardship permit.
(b) For a first conviction, for one year after the ending date
of the suspension or revocation caused by the conviction.
Violation of the condition imposed under this paragraph is a
Class A traffic violation.
(c) For a second or subsequent conviction, for two years after
the ending date of the suspension or revocation caused by the
conviction. Violation of the condition imposed under this
paragraph is a Class A traffic violation.
(2) { - If the court determines that approved ignition
interlock devices are reasonably available, - } The court
{ - may - } { + shall + } require as a condition of a driving
while under the influence of intoxicants diversion agreement that
an approved ignition interlock device be installed in any vehicle
operated by the person { + during the period of the agreement
when the person has driving privileges. In addition to any action
taken under ORS 813.255, violation of the condition imposed under
this subsection is a Class A traffic violation + }. { - Courts
may not exercise authority under this subsection during any
period the courts have notice from the Office of Economic
Analysis of the Oregon Department of Administrative Services that
there are not sufficient moneys in the Intoxicated Driver Program
Fund to pay the costs under subsection (4) of this section. The
Office of Economic Analysis of the Oregon Department of
Administrative Services may not issue any notice under this
subsection if federal funds are available to pay the cost of the
interlock devices for indigents and costs of analysis of the use
of interlock devices. - }
(3) Except as provided in subsection (4) of this section, if an
ignition interlock system is ordered or required under subsection
(1) or (2) of this section, the person so ordered or required
shall pay to the provider the reasonable costs of leasing,
installing and maintaining the device. A payment schedule may be
established for the person by the department.
(4) The department may waive, in whole or in part, or defer the
defendant's responsibility to pay all or part of the costs under
subsection (3) of this section if the defendant meets the
criteria for indigence established for waiving or deferring such
costs under subsection (5) of this section. If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection (3) of this section
must be paid from the Intoxicated Driver Program Fund.
(5) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs
described under subsection (3) of this section for indigence. The
criteria must be consistent with the standards for indigence
adopted by the federal government for purposes of the
Supplemental Nutrition Assistance Program.
(6) At the end of the suspension or revocation resulting from
the conviction, the department shall suspend the driving
privileges or right to apply for driving privileges of a person
who has not submitted proof to the department that an ignition
interlock device has been installed or who tampers with an
ignition interlock device after it has been installed. If the
suspension is for failing to submit proof of installation, the
suspension continues until the department receives proof that the
Enrolled House Bill 3075 (HB 3075-A) Page 2
ignition interlock device has been installed or until one year
after the ending date of the suspension resulting from the first
conviction or two years after the ending date of the suspension
resulting from a second or subsequent conviction, whichever comes
first. If the suspension is for tampering with an ignition
interlock device, the suspension continues until one year after
the ending date of the suspension resulting from the first
conviction or two years after the ending date of the suspension
resulting from a second or subsequent conviction. A person whose
driving privileges or right to apply for privileges is suspended
under this subsection is entitled to administrative review, as
described in ORS 809.440, of the action.
(7) The department shall adopt rules permitting medical
exemptions from the requirements of installation and use of an
ignition interlock device under subsection (1) of this section.
{ + (8) When a person is required to install an ignition
interlock device under subsection (2) of this section, the
provider of the device shall provide notice of any installation
or removal of the device or any tampering with the device to the
court that ordered installation of the device or to the court's
designee, including but not limited to an agency or organization
certified by the Oregon Health Authority under ORS 813.025. + }
SECTION 3. ORS 813.030 is amended to read:
813.030. The fee required by ORS 471.432 and 813.020 (1) shall
be in the amount of { - $130 - } { + $155 + }, except that
the court may waive all or part of the fee in cases involving
indigent defendants. The court may make provision for payment of
the fee on an installment basis. The fee shall be ordered paid as
follows:
(1) $105 to be credited and distributed under ORS 137.295 as an
obligation payable to the state; and
(2) { - $25 - } { + $50 + } to be paid to the Director of
the Oregon Health Authority for deposit in the Intoxicated Driver
Program Fund created by ORS 813.270.
SECTION 4. ORS 813.240 is amended to read:
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 shall
be { - $261 - } { + $286 + } and shall be ordered paid as
follows if the petition is allowed:
(a) $136 to be credited and distributed under ORS 137.295 as an
obligation payable to the state;
(b) $100 to be treated as provided for disposition of fines and
costs under ORS 153.630; and
(c) { - $25 - } { + $50 + } to be paid to the Director of
the Oregon Health Authority for deposit in the Intoxicated Driver
Program Fund created under ORS 813.270, to be used for purposes
of the fund.
(2) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $150 directly
to the agency or organization providing the diagnostic
assessment.
SECTION 5. { + The amendments to ORS 813.030, 813.240 and
813.602 by sections 2 to 4 of this 2011 Act apply to offenses
that occur on or after the effective date of this 2011 Act. + }
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Enrolled House Bill 3075 (HB 3075-A) Page 3
Passed by House June 16, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 24, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3075 (HB 3075-A) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3075 (HB 3075-A) Page 5
