Bill Text: OR HB3178 | 2013 | Regular Session | Introduced

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Bill Title: Relating to driving under the influence of intoxicants; declaring an emergency; providing for criminal sentence reduction that requires approval by a two-thirds majority.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3178 Detail]

Download: Oregon-2013-HB3178-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3160

                         House Bill 3178

Sponsored by COMMITTEE ON JUDICIARY

                             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.

  Modifies sentence that court is required to impose when certain
persons are convicted of felony driving under the influence of
intoxicants. Authorizes court to order person to wear continuous
alcohol monitoring device in lieu of mandatory minimum sentence
of 90 days' incarceration, if person is participating in
treatment court.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to driving under the influence of intoxicants; creating
  new provisions; amending ORS 813.011; declaring an emergency;
  and providing for criminal sentence reduction that requires
  approval by a two-thirds majority.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 813.011 is amended to read:
  813.011. (1) Driving under the influence of intoxicants under
ORS 813.010   { - shall be - }   { + is + } a Class C felony if
the defendant has been convicted of driving under the influence
of intoxicants in violation of ORS 813.010, or its statutory
counterpart in another jurisdiction, at least two times in the 10
years prior to the date of the current offense.
  (2) Once a person has been sentenced for a Class C felony under
this section, the 10-year time limitation is eliminated and any
subsequent episode of driving under the influence of intoxicants
 { - shall be - }   { + is + } a Class C felony   { - regardless
of the amount of time which intervenes - } .
  (3) { + (a) + }   { - Upon conviction for - }   { + Except as
otherwise provided in paragraph (b) of this subsection, when a
person is convicted of + } a Class C felony under this section,
the   { - person shall be sentenced - }  { + court shall sentence
the person  + }to a mandatory minimum term of incarceration of 90
days, without reduction for any reason.
   { +  (b) When a person convicted of a Class C felony under
this section is participating in a drug court program as defined
in ORS 3.450, in lieu of imposing the term of incarceration
described in paragraph (a) of this subsection, the court may
order that the person wear a continuous alcohol monitoring device
for a period of at least 90 days.
  (4) As used in this section, 'continuous alcohol monitoring
device' means a device that:

  (a) Automatically tests a person's breath, blood or transdermal
alcohol concentration levels at least once per hour;
  (b) Detects attempts to tamper with the device; and
  (c) Regularly transmits data documenting the tests and any
attempts to tamper with the device to a secure location. + }
  SECTION 2.  { + The amendments to ORS 813.011 by section 1 of
this 2013 Act apply to convictions 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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