Bill Text: OR HB4017 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to ignition interlock devices.

Spectrum: Slight Partisan Bill (Republican 18-11)

Status: (Passed) 2012-03-27 - Chapter 66, (2012 Laws): Effective date January 1, 2013. [HB4017 Detail]

Download: Oregon-2012-HB4017-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 98

                           A-Engrossed

                         House Bill 4017
                Ordered by the House February 14
          Including House Amendments dated February 14

Sponsored by Representatives G SMITH, HUNT; Representatives
  BARKER, CAMERON, ESQUIVEL, HICKS, THATCHER, WHISNANT, Senators
  HASS, MONROE, VERGER (at the request of Mothers Against Drunk
  Driving (MADD))(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.

  Requires certain persons to install ignition interlock device
for five years after person's driving privileges are restored
following suspension or revocation of driving privileges.

                        A BILL FOR AN ACT
Relating to ignition interlock devices; creating new provisions;
  and amending ORS 813.602.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 813.602 is amended to read:
  813.602. (1)  { + Except as provided in subsection (2) of this
section, + } 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  { + the
person install and use + } an approved 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) When a person is convicted of a crime or multiple
crimes as described in this subsection, the department, in
addition to any other requirement, shall require that the person
install and use an approved ignition interlock device in any
vehicle operated by the person for five years after the ending
date of the longest running suspension or revocation caused by
any of the convictions.  Violation of the condition imposed under
this subsection is a Class A traffic violation. A person is
subject to this subsection when the person is convicted of:
  (a) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance and any of
the following crimes as part of the same criminal episode:
  (A) Any degree of murder.
  (B) Manslaughter in the first or second degree.
  (C) Criminally negligent homicide.
  (D) Assault in the first degree.
  (b) Aggravated vehicular homicide.
  (c) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance and the
person's driving privileges are revoked under ORS 809.235 (1)(b)
and later ordered restored under ORS 809.235 (4). + }
    { - (2) - }  { +  (3) + } The court 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.
    { - (3) - }  { +  (4) + } Except as provided in subsection
 { - (4) - }  { +  (5) + } of this section, if an ignition
interlock system is ordered or required under subsection
(1) { + , + }   { - or - }  (2) { +  or (3) + } 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) - }  { +  (5) + } 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) - }  { +  (4) + } of
this section if the defendant meets the criteria for indigence
established for waiving or deferring such costs under subsection
 { - (5) - }  { +  (6) + } of this section.  If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection
  { - (3) - }  { +  (4) + } of this section must be paid from the
Intoxicated Driver Program Fund.
    { - (5) - }  { +  (6) + } The department, by rule, shall
establish criteria and procedures it will use for qualification
to waive or defer costs described under subsection   { - (3) - }
 { +  (4) + } 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) - }  { +  (7) + } 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.
   { +  (8) + } If the  { + department imposes a + }
suspension { +   + }  { +  under subsection (7) of this
section + }   { - is - }  for failing to submit proof of
installation, the suspension continues until the department
receives proof that the ignition interlock device has been
installed   { - or until - }  { + . If the department does not
receive proof that the ignition interlock device has been
installed, the suspension shall continue for:
  (a) + } One year after the ending date of the suspension
resulting from the first conviction { + ; + }   { - or - }
   { +  (b) Except as provided in paragraph (c) of this
subsection, + } two years after the ending date of the suspension
resulting from a second or subsequent conviction  { - , whichever
comes first. - }  { + ; or
  (c) Five years after the ending date of the longest running
suspension or revocation resulting from a conviction described in
subsection (2) of this section.
  (9) + } If the  { + department imposes a + } suspension { +
 + }  { +  under subsection (7) of this section + }   { - is - }
for tampering with an ignition interlock device, the suspension
continues until { + :
  (a) + } One year after the ending date of the suspension
resulting from the first conviction { + ; + }   { - or - }
   { +  (b) Except as provided in paragraph (c) of this
subsection, + } two years after the ending date of the suspension
resulting from a second or subsequent conviction  { - . - }
 { + ; or
  (c) Five years after the ending date of the longest running
suspension or revocation resulting from a conviction described in
subsection (2) of this section.
  (10) + } A person whose driving privileges or right to apply
for privileges is suspended under   { - this - }  subsection
 { + (7) of this section + } is entitled to administrative
review, as described in ORS 809.440, of the action.
    { - (7) - }  { +  (11) + } The department shall adopt rules
permitting medical exemptions from the requirements of
installation and use of an ignition interlock device under
 { - subsection (1) - }  { +  subsections (1) and (2) + } of this
section.
    { - (8) - }  { +  (12) + } When a person is required to
install an ignition interlock device under subsection (2)  { + or
(3) + } 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 2.  { + The amendments to ORS 813.602 by section 1 of
this 2012 Act apply to suspensions or revocations that end on or
after the effective date of this 2012 Act. + }
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