Bill Text: OR SB201 | 2013 | Regular Session | Introduced
Bill Title: Relating to driving while under the influence of intoxicants.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB201 Detail]
Download: Oregon-2013-SB201-Introduced.html
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 671
Senate Bill 201
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
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.
Expands offense of driving while under influence of intoxicants
to include any drug that adversely affects person's physical or
mental faculties to noticeable or perceptible degree. Defines
'intoxicant. '
Permits conviction of driving while under influence of
intoxicants even if accusatory instrument does not plead fact
that person was under influence of controlled substance or
inhalant.
A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants;
creating new provisions; and amending ORS 421.121, 801.272,
807.060, 807.250, 809.235, 809.265, 809.730, 813.010, 813.012,
813.040, 813.131, 813.140, 813.150, 813.215, 813.220, 813.430,
813.500 and 821.250.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 2. { + ' Intoxicant' means:
(1) Intoxicating liquor;
(2) Controlled substances;
(3) Inhalants; or
(4) Any other drug, as defined in ORS 475.005, that adversely
affects a person's physical or mental faculties to a noticeable
or perceptible degree. + }
SECTION 3. ORS 801.272 is amended to read:
801.272. 'Field sobriety test' means a physical or mental test,
approved by the Department of State Police by rule after
consultation with the Department of Public Safety Standards and
Training, that enables a police officer or trier of fact to
screen for or detect probable impairment from { - intoxicating
liquor, a controlled substance, an inhalant or any combination of
intoxicating liquor, an inhalant and a controlled substance - }
{ + an intoxicant or a combination of intoxicants + }.
SECTION 4. ORS 807.060, as amended by section 4, chapter 9,
Oregon Laws 2012, is amended to read:
807.060. The Department of Transportation may not grant driving
privileges to a person under a license if the person is not
eligible under this section. The following are not eligible for a
license:
(1) A person under 16 years of age.
(2)(a) A person under 18 years of age who is not an emancipated
minor unless the application of the person is signed by the
person's mother, father or legal guardian. A person who signs an
application under this paragraph may have the driving privileges
canceled as provided under ORS 809.320.
(b) A person under 18 years of age who does not meet the
requirements of ORS 807.065.
(3) Notwithstanding subsection (2) of this section, a person
under 18 years of age is not eligible for a commercial driver
license.
(4) A person that the department determines has a problem
condition involving { - alcohol, inhalants or controlled
substances - } { + intoxicants + } as described under ORS
813.040.
(5) A person the department reasonably believes has a mental or
physical condition or impairment that affects the person's
ability to safely operate a motor vehicle upon the highways.
(6) A person the department reasonably believes is unable to
understand highway signs that warn, regulate or direct traffic.
(7) A person who is required to make future responsibility
filings but has not made filings as required.
(8) A person who cannot be issued a license under the Driver
License Compact under ORS 802.540.
(9) A person who is not subject to the Driver License Compact
under ORS 802.540 but whose driving privileges are currently
under suspension or revocation in any other state upon grounds
which, if committed in this state, would be grounds for the
suspension or revocation of the driving privileges of the person.
(10) A person who has been declared a habitual offender under
ORS 809.640. A person declared not eligible to be licensed under
this subsection may become eligible by having eligibility
restored under ORS 809.640.
(11) A person whose driving privileges are canceled in this
state under ORS 809.310 until the person is eligible under ORS
809.310.
(12) A person while the person's driving privileges are revoked
in this state.
(13) A person during a period when the person's driving
privileges are suspended in this state.
(14) A person who holds a current out-of-state license or
driver permit or a valid Oregon license or driver permit. A
person who is not eligible under this subsection may become
eligible by surrendering the license, driver permit or
out-of-state license or driver permit to the department before
issuance of the license. Nothing in this subsection authorizes a
person to continue to operate a motor vehicle on the basis of an
out-of-state license or permit if the person is required by ORS
807.062 to obtain an Oregon license or permit.
(15) A person who has not complied with the requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction if an agreement under ORS
802.530 authorizes the department to withhold issuance of a
license.
(16) A person who has not complied with the requirements of
section 2, chapter 9, Oregon Laws 2012.
SECTION 5. ORS 807.060, as amended by sections 4 and 5, chapter
9, Oregon Laws 2012, is amended to read:
807.060. The Department of Transportation may not grant driving
privileges to a person under a license if the person is not
eligible under this section. The following are not eligible for a
license:
(1) A person under 16 years of age.
(2)(a) A person under 18 years of age who is not an emancipated
minor unless the application of the person is signed by the
person's mother, father or legal guardian. A person who signs an
application under this paragraph may have the driving privileges
canceled as provided under ORS 809.320.
(b) A person under 18 years of age who does not meet the
requirements of ORS 807.065.
(3) Notwithstanding subsection (2) of this section, a person
under 18 years of age is not eligible for a commercial driver
license.
(4) A person that the department determines has a problem
condition involving { - alcohol, inhalants or controlled
substances - } { + intoxicants + } as described under ORS
813.040.
(5) A person the department reasonably believes has a mental or
physical condition or impairment that affects the person's
ability to safely operate a motor vehicle upon the highways.
(6) A person the department reasonably believes is unable to
understand highway signs that warn, regulate or direct traffic.
(7) A person who is required to make future responsibility
filings but has not made filings as required.
(8) A person who cannot be issued a license under the Driver
License Compact under ORS 802.540.
(9) A person who is not subject to the Driver License Compact
under ORS 802.540 but whose driving privileges are currently
under suspension or revocation in any other state upon grounds
which, if committed in this state, would be grounds for the
suspension or revocation of the driving privileges of the person.
(10) A person who has been declared a habitual offender under
ORS 809.640. A person declared not eligible to be licensed under
this subsection may become eligible by having eligibility
restored under ORS 809.640.
(11) A person whose driving privileges are canceled in this
state under ORS 809.310 until the person is eligible under ORS
809.310.
(12) A person while the person's driving privileges are revoked
in this state.
(13) A person during a period when the person's driving
privileges are suspended in this state.
(14) A person who holds a current out-of-state license or
driver permit or a valid Oregon license or driver permit. A
person who is not eligible under this subsection may become
eligible by surrendering the license, driver permit or
out-of-state license or driver permit to the department before
issuance of the license. Nothing in this subsection authorizes a
person to continue to operate a motor vehicle on the basis of an
out-of-state license or permit if the person is required by ORS
807.062 to obtain an Oregon license or permit.
(15) A person who has not complied with the requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction if an agreement under ORS
802.530 authorizes the department to withhold issuance of a
license.
SECTION 6. ORS 807.250 is amended to read:
807.250. (1) In addition to any requirements under ORS 807.240
and any applicable conditions under ORS 813.500 and 813.520, the
Department of Transportation may not issue a hardship permit
under ORS 807.240 to a person whose suspension of driving
privileges is based upon a conviction of any of the following
unless the person submits to the department a recommendation from
the judge before whom the person was convicted:
(a) ORS 811.140.
(b) ORS 811.540.
(c) Driving while under the influence of intoxicants. If a
person's driving privileges are suspended for a conviction for
driving while under the influence of intoxicants and the person
is determined under ORS 813.500 to have a problem condition
involving
{ - alcohol, inhalants or controlled substances - }
{ + intoxicants + } as described in ORS 813.040, the judge must:
(A) Make the recommendation with reference to the best interest
of the public as well as of the defendant and the recommendation
must be in writing.
(B) Recommend times, places, routes and days minimally
necessary for the person to seek or retain employment, to attend
any alcohol or drug treatment or rehabilitation program or to
receive necessary medical treatment for the person or a member of
the person's immediate family.
(2) The department may not issue a hardship permit to a person
whose suspension of driving privileges is based on a conviction
described in ORS 809.265.
(3) The department may not issue a hardship permit to a person
whose driver license or driver permit is suspended pursuant to
ORS 25.750 to 25.783.
(4) The department may not issue a hardship permit to a person
whose driving privileges are suspended pursuant to ORS 809.280
(4) or 809.416 (1) or (2).
SECTION 7. ORS 809.235 is amended to read:
809.235. (1)(a) Notwithstanding ORS 809.409 (2), the court
shall order that a person's driving privileges be permanently
revoked if the person is convicted of any degree of murder and
the court finds that the person intentionally used a motor
vehicle as a dangerous weapon resulting in the death of the
victim, or if the person is convicted of aggravated vehicular
homicide, manslaughter in the first or second degree resulting
from the operation of a motor vehicle, 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.
(b) The court shall order that a person's driving privileges be
permanently revoked if the person is convicted of felony driving
while under the influence of intoxicants in violation of ORS
813.010 or if the person is convicted for a third or subsequent
time of any of the following offenses in any combination:
(A) Driving while under the influence of intoxicants in
violation of:
(i) ORS 813.010; or
(ii) The statutory counterpart to ORS 813.010 in another
jurisdiction.
(B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving of a
vehicle due to the use of { - intoxicating liquor, a controlled
substance, an inhalant or any combination thereof - } { + an
intoxicant or a combination of intoxicants + }.
(C) A driving offense in another jurisdiction that involved
operating a vehicle while having a blood alcohol content above
that jurisdiction's permissible blood alcohol content.
(c) For the purposes of paragraph (b) of this subsection, a
conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol
content that is lower than the permissible blood alcohol content
in that jurisdiction for a person 21 years of age or older does
not constitute a prior conviction.
(2)(a) A person whose driving privileges are revoked as
described in subsection (1) of this section may file a petition
in the circuit court of the county in which the person's driving
privileges were revoked for an order restoring the person's
driving privileges. A petition may be filed under this subsection
no sooner than 10 years after the person is:
(A) Released on parole or post-prison supervision for the crime
for which the person's driving privileges were revoked and any
other crimes arising out of the same criminal episode;
(B) Sentenced to probation for the crime for which the person's
driving privileges were revoked, unless the probation is revoked,
in which case the petition may be filed no sooner than 10 years
after the date probation is revoked; or
(C) Sentenced for the crime for which the person's driving
privileges were revoked, if no other provision of this paragraph
applies.
(b) Notwithstanding paragraph (a) of this subsection, if during
the revocation period for the crime for which the person was
convicted the person is convicted of a criminal offense involving
a motor vehicle, the person may file a petition to restore
driving privileges as described in paragraph (a) of this
subsection no sooner than 10 years from the date of the most
recent conviction involving a motor vehicle.
(c) The district attorney of the county in which the person's
driving privileges were revoked shall be named and served as the
respondent in the petition.
(3) The court shall hold a hearing on a petition filed in
accordance with subsection (2) of this section. In determining
whether to grant the petition, the court shall consider:
(a) The nature of the offense for which driving privileges were
revoked.
(b) The degree of violence involved in the offense.
(c) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that resulted in
the revocation.
(d) The recommendation of the person's parole officer, which
shall be based in part on a psychological evaluation ordered by
the court to determine whether the person is presently a threat
to the safety of the public.
(e) Any other relevant factors.
(4) The court shall order a petitioner's driving privileges
restored if, after a hearing described in subsection (3) of this
section, the court finds by clear and convincing evidence that
the petitioner:
(a) Is rehabilitated;
(b) Does not pose a threat to the safety of the public; and
(c) If the sentence for the crime for which the petitioner's
driving privileges were revoked required the petitioner to
complete an alcohol or drug treatment program, has completed an
alcohol or drug treatment program in a facility approved by the
Director of the Oregon Health Authority or a similar program in
another jurisdiction.
(5) Upon receiving a court order to restore a person's driving
privileges, the department may reinstate driving privileges in
accordance with ORS 809.390, 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.
SECTION 8. ORS 809.265 is amended to read:
809.265. (1) Unless the court finds compelling circumstances
not to order suspension of driving privileges, the court in which
a person is convicted of an offense described in this subsection
shall order suspension of the person's driving privileges. This
subsection applies when a person is convicted of:
(a) Any offense involving manufacturing, possession or delivery
of controlled substances.
(b) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance if the
person was under the influence of an { - inhalant or a
controlled substance - } { + intoxicant other than intoxicating
liquor + }.
(2) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280.
SECTION 9. ORS 809.730 is amended to read:
809.730. (1) A motor vehicle may be seized and forfeited if the
person operating the vehicle is arrested or issued a citation for
driving while under the influence of intoxicants in violation of
ORS 813.010 and the person, within three years prior to the
arrest or issuance of the citation, has been convicted of:
(a) Driving while under the influence of intoxicants in
violation of:
(A) ORS 813.010; or
(B) The statutory counterpart to ORS 813.010 in another
jurisdiction;
(b) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving of a
vehicle due to the use of { - intoxicating liquor, a controlled
substance, an inhalant or any combination thereof - } { + an
intoxicant or a combination of intoxicants + };
(c) A driving offense in another jurisdiction that involved
operating a vehicle while having a blood alcohol content above
that jurisdiction's permissible blood alcohol content;
(d) Murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle in
this state or in another jurisdiction; or
(e) Aggravated vehicular homicide under ORS 163.149 or
aggravated driving while suspended or revoked under ORS 163.196.
(2) For the purposes of subsection (1) of this section, a
conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol
content that is lower than the permissible blood alcohol content
in that jurisdiction for a person 21 years of age or older does
not constitute a prior conviction.
(3) All seizure and forfeiture proceedings under this section
shall be conducted in accordance with ORS chapter 131A.
SECTION 10. ORS 813.010 is amended to read:
813.010. (1) A person commits the offense of driving while
under the influence of intoxicants if the person drives a vehicle
while the person:
(a) Has 0.08 percent or more by weight of alcohol in the blood
of the person as shown by chemical analysis of the breath or
blood of the person made under ORS 813.100, 813.140 or 813.150;
(b) Is under the influence of { - intoxicating liquor, a
controlled substance or an inhalant - } { + an intoxicant + };
or
(c) Is under the influence of any combination of
{ - intoxicating liquor, an inhalant and a controlled
substance - } { + intoxicants + }.
{ - (2) A person may not be convicted of driving while under
the influence of intoxicants on the basis of being under the
influence of a controlled substance or an inhalant unless the
fact that the person was under the influence of a controlled
substance or an inhalant is pleaded in the accusatory instrument
and is either proved at trial or is admitted by the person
through a guilty plea. - }
{ - (3) - } { + (2) + } A person convicted of the offense
described in this section is subject to ORS 813.020 in addition
to this section.
{ - (4) - } { + (3) + } Except as provided in subsection
{ - (5) - } { + (4) + } of this section, the offense described
in this section, driving while under the influence of
intoxicants, is a Class A misdemeanor and is applicable upon any
premises open to the public.
{ - (5)(a) - } { + (4)(a) + } Driving while under the
influence of intoxicants is a Class C felony if the current
offense was committed in a motor vehicle and the person has, at
least three times in the 10 years prior to the date of the
current offense, been convicted of, or been found to be within
the jurisdiction of the juvenile court for an act that if
committed by an adult would be, any of the following offenses in
any combination:
(A) Driving while under the influence of intoxicants in
violation of:
(i) This section; or
(ii) The statutory counterpart to this section in another
jurisdiction.
(B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving or
operation of a vehicle, an aircraft or a boat due to the use of
{ - intoxicating liquor, a controlled substance, an inhalant or
any combination thereof - } { + an intoxicant or a combination
of intoxicants + }.
(C) A driving offense in another jurisdiction that involved
operating a vehicle, an aircraft or a boat while having a blood
alcohol content above that jurisdiction's permissible blood
alcohol content.
(b) For the purposes of paragraph (a) of this subsection, a
conviction or adjudication for a driving offense in another
jurisdiction based solely on a person under 21 years of age
having a blood alcohol content that is lower than the permissible
blood alcohol content in that jurisdiction for a person 21 years
of age or older does not constitute a prior conviction or
adjudication.
{ - (6) - } { + (5) + } In addition to any other sentence
that may be imposed, the court shall impose one or more of the
following fines on a person convicted of driving while under the
influence of intoxicants as follows:
(a) For a person's first conviction, a minimum of $1,000.
(b) For a person's second conviction, a minimum of $1,500.
(c) For a person's third or subsequent conviction, a minimum of
$2,000 if the person is not sentenced to a term of imprisonment.
(d) For a person who drives a vehicle while the person has 0.15
percent or more by weight of alcohol in the blood of the person
as shown by chemical analysis of the breath or blood of the
person made under ORS 813.100, 813.140 or 813.150, a minimum of
$2,000.
{ - (7) - } { + (6) + } Notwithstanding ORS 161.635,
$10,000 is the maximum fine that a court may impose on a person
convicted of driving while under the influence of intoxicants if:
(a) The current offense was committed in a motor vehicle; and
(b) There was a passenger in the motor vehicle who was under 18
years of age and was at least three years younger than the person
driving the motor vehicle.
SECTION 11. ORS 813.040 is amended to read:
813.040. This section establishes, for purposes of ORS 471.432,
807.060 and 813.500, when a person has a problem condition
involving { - alcohol, inhalants or controlled substances - }
{ + intoxicants + }. For purposes of ORS 471.432, 807.060 and
813.500, a person has a problem condition involving
{ - alcohol, inhalants or controlled substances - }
{ + intoxicants + } if it is determined that the person has a
problem condition in which the person's health or that of others
is substantially impaired or endangered or the person's social or
economic function is substantially disrupted because of the
person's:
(1) Habitual or periodic use of alcoholic beverages; or
(2) Use of or loss of the ability to control the use of
controlled substances, inhalants or other substances with abuse
potential including a condition that may have developed:
(a) A physical dependence in which the body requires a
continuing supply of a drug, inhalant or controlled substance to
avoid characteristic withdrawal symptoms; or
(b) A psychological dependence characterized by an overwhelming
mental desire for continued use of a drug, inhalant or controlled
substance.
SECTION 12. ORS 813.131 is amended to read:
813.131. (1) Any person who operates a motor vehicle upon
premises open to the public or the highways of this state shall
be deemed to have given consent, subject to the Motorist Implied
Consent Law, to a chemical test of the person's urine for the
purpose of determining the presence of { - a controlled
substance or an inhalant - } { + an intoxicant other than
intoxicating liquor + } in the person's body if the person is
arrested for driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance and either:
(a) The person takes the breath test described in ORS 813.100
and the test discloses a blood alcohol content of less than 0.08
percent; or
(b) The person is involved in an accident resulting in injury
or property damage. A urine test may be requested under this
paragraph regardless of whether a breath test has been requested
and regardless of the results of a breath test, if one is taken.
(2) A police officer may not request a urine test unless the
officer is certified by the Board on Public Safety Standards and
Training as having completed at least eight hours of training in
recognition of drug impaired driving and the officer has a
reasonable suspicion that the person arrested has been driving
while under the influence of { - a controlled substance, an
inhalant - } { + an intoxicant other than intoxicating
liquor + } or any combination of
{ - an inhalant, a controlled substance and intoxicating
liquor - } { + intoxicants + }.
(3) A person asked to give a urine sample shall be given
privacy and may not be observed by a police officer when
producing the sample.
(4)(a) At the trial of any civil or criminal action, suit or
proceeding arising out of the acts committed by a person driving
a motor vehicle while under the influence of intoxicants, a valid
chemical analysis of a person's urine is admissible as evidence
and may be used with other evidence, if any, to determine whether
the person was driving while under the influence of intoxicants.
(b) A chemical analysis of a person's urine is valid under this
subsection if analysis is performed in an accredited or licensed
toxicology laboratory.
SECTION 13. ORS 813.140 is amended to read:
813.140. Nothing in ORS 813.100 is intended to preclude the
administration of a chemical test described in this section. A
police officer may obtain a chemical test of the blood to
determine the amount of { - alcohol - } { + intoxicants + }
in any person's blood or a test of the person's { - blood
or - } urine { - , or both, - } to determine the presence of
{ - a controlled substance or an inhalant - } { + an
intoxicant other than intoxicating liquor + } in the person as
provided in the following:
(1) If, when requested by a police officer, the person
expressly consents to such a test.
(2) Notwithstanding subsection (1) of this section, from a
person without the person's consent if:
(a) The police officer has probable cause to believe that the
person was driving while under the influence of intoxicants and
that evidence of the offense will be found in the person's blood
or urine; and
(b) The person is unconscious or otherwise in a condition
rendering the person incapable of expressly consenting to the
test or tests requested.
SECTION 14. ORS 813.150 is amended to read:
813.150. { - In addition to a chemical test of the breath,
blood or urine administered under ORS 813.100 or 813.140, upon
the request of a police officer, a person shall be permitted upon
request, at the person's own expense, reasonable opportunity to
have any licensed physician and surgeon, licensed professional
nurse or qualified technician, chemist or other qualified person
of the person's own choosing administer a chemical test or tests
of the person's breath or blood for the purpose of determining
the alcoholic content of the person's blood or a chemical test or
tests of the person's blood or urine, or both, for the purpose of
determining the presence of a controlled substance or an inhalant
in the person. The failure or inability to obtain such a test or
tests by a person shall not preclude the admission of evidence
relating to a test or tests taken upon the request of a police
officer. - }
{ + (1) In addition to a chemical test of the breath, blood
or urine administered under ORS 813.100 or 813.140, upon the
request of a police officer, a person shall be permitted upon
request, at the person's own expense, reasonable opportunity to
have any licensed physician and surgeon, licensed professional
nurse or qualified technician, chemist or other qualified person
of the person's own choosing administer a chemical test or tests
of the person's:
(a) Breath for the purpose of determining the alcoholic content
of the person's blood;
(b) Blood for the purpose of determining the presence of
intoxicants in the person's blood; or
(c) Urine for the purpose of determining the presence of
intoxicants other than intoxicating liquor in the person.
(2) The failure or inability of a person to obtain a test or
tests as described in subsection (1) of this section does not
preclude the admission of evidence relating to a test or tests
taken upon the request of a police officer. + }
SECTION 15. ORS 813.215 is amended to read:
813.215. (1) A defendant is eligible for diversion if the
defendant meets all of the following conditions:
(a) On the date the defendant filed the petition for a driving
while under the influence of intoxicants diversion agreement, the
defendant had no charge, other than the charge for the present
offense, pending for:
(A) An offense of driving while under the influence of
intoxicants in violation of:
(i) ORS 813.010; or
(ii) The statutory counterpart to ORS 813.010 in another
jurisdiction;
(B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving of a
vehicle due to the use of { - intoxicating liquor, a controlled
substance, an inhalant or any combination thereof - } { + an
intoxicant or a combination of intoxicants + }; or
(C) A driving offense in another jurisdiction that involved
operating a vehicle while having a blood alcohol content above
that jurisdiction's permissible blood alcohol content.
(b) The defendant has not been convicted of an offense
described in paragraph (a) of this subsection within the period
beginning 15 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement.
(c) The defendant has not been convicted of a felony offense
described in ORS 813.010 { - (5)(a) - } { + (4)(a) + }.
(d) The defendant was not participating in a driving while
under the influence of intoxicants diversion program or in any
similar alcohol or drug rehabilitation program, other than a
program entered into as a result of the charge for the present
offense, in this state or in another jurisdiction on the date the
defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement.
(e) The defendant did not participate in a diversion or
rehabilitation program described in paragraph (d) of this
subsection, other than a program entered into as a result of the
charge for the present offense, within the period beginning 15
years before the date of the commission of the present offense
and ending on the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion
agreement.
(f) The defendant had no charge of an offense of aggravated
vehicular homicide or of murder, manslaughter, criminally
negligent homicide or assault that resulted from the operation of
a motor vehicle pending in this state or in another jurisdiction
on the date the defendant filed the petition for a driving while
under the influence of intoxicants diversion agreement.
(g) The defendant has not been convicted of an offense
described in paragraph (f) of this subsection within the period
beginning 15 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement.
(h) The defendant did not hold a commercial driver license on
the date of the commission of the offense.
(i) The defendant was not operating a commercial motor vehicle
at the time of the offense.
(j) The present driving while under the influence of
intoxicants offense did not involve an accident resulting in:
(A) Death of any person; or
(B) Physical injury as defined in ORS 161.015 to any person
other than the defendant.
(2) For the purposes of subsection (1)(a) of this section, a
conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol
content that is lower than the permissible blood alcohol content
in that jurisdiction for a person 21 years of age or older does
not constitute a prior conviction.
(3) A defendant is eligible for a second or subsequent
diversion if the defendant meets all of the conditions of
subsection (1) of this section and the defendant has not been
convicted of any other criminal offense involving a motor vehicle
within the period beginning 15 years before the date of the
commission of the present offense and ending on the date the
defendant filed the petition for the second or subsequent driving
while under the influence of intoxicants diversion agreement.
SECTION 16. ORS 813.220 is amended to read:
813.220. After the time for requesting a hearing under ORS
813.210 has expired with no request for a hearing, or after a
hearing requested under ORS 813.210, the court shall determine
whether to allow or deny a petition for a driving while under the
influence of intoxicants diversion agreement. In making a
determination under this section, the court:
(1) Shall consider whether the diversion will be of benefit to
the defendant and the community.
(2) May take into consideration whether there was an early
recognition by the defendant during the proceeding that a course
of diagnosis and treatment of problem drinking, alcoholism or
drug dependency would be beneficial.
(3) May take into consideration whether there is a probability
that the defendant will cooperate with the diagnostic assessment
and treatment agencies.
(4) May take into consideration whether the defendant will
observe the restrictions contained in the diversion agreement.
(5) May take into consideration whether the offense was
committed in a motor vehicle and whether there was a passenger in
the motor vehicle who was under 18 years of age and at least
three years younger than the defendant.
(6) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant
failed to appear at an arraignment on the present offense without
good cause.
(7) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if, after the date
the defendant filed the petition, the defendant was charged with
or convicted of:
(a) An offense of driving while under the influence of
intoxicants in violation of:
(A) ORS 813.010; or
(B) The statutory counterpart to ORS 813.010 in another
jurisdiction;
(b) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving of a
vehicle due to the use of { - intoxicating liquor, a controlled
substance, an inhalant or any combination thereof - } { + an
intoxicant or a combination of intoxicants + }; or
(c) A driving offense in another jurisdiction that involved
operating a vehicle while having a blood alcohol content above
that jurisdiction's permissible blood alcohol content.
(8) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant
participated in a driving while under the influence of
intoxicants diversion program or in any similar alcohol or drug
rehabilitation program, other than a program entered into as a
result of the charge for the present offense, in this state or in
another jurisdiction after the date the defendant filed the
petition.
(9) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant was
charged with or convicted of an offense of aggravated vehicular
homicide or of murder, manslaughter, criminally negligent
homicide or assault that resulted from the operation of a motor
vehicle in this state or in another jurisdiction after the date
the defendant filed the petition.
(10) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant has
been convicted of a felony offense described in ORS 813.010
{ - (5)(a) - } { + (4)(a) + }.
(11) For the purposes of subsection (7) of this section, may
not consider a conviction for a driving offense in another
jurisdiction based solely on a person under 21 years of age
having a blood alcohol content that is lower than the permissible
blood alcohol content in that jurisdiction for a person 21 years
of age or older as a prior conviction.
(12) May not deny the petition for a driving while under the
influence of intoxicants diversion agreement solely on the basis
that the defendant is a member of the Armed Forces of the United
States, the reserve components of the Armed Forces of the United
States or the National Guard and has been called or demonstrates
that the defendant will be called to active duty, and the
military service will impair the defendant's ability to complete
the diversion program.
SECTION 17. ORS 813.430 is amended to read:
813.430. This section establishes circumstances under which ORS
813.420 requires an increase in the time for suspension of
driving privileges and under which ORS 813.520 requires an
increase in the time before the Department of Transportation may
issue a hardship permit. A person is subject to an increase in
suspension time under this section if any of the following apply:
(1) The person is presently participating in a driving while
under the influence of intoxicants diversion program in this
state or in any similar alcohol or drug rehabilitation program in
this or another jurisdiction.
(2) Within the five years preceding the date of arrest any of
the following occurred:
(a) A suspension of the person's driving privileges under ORS
813.410 or 482.540 (1981 Replacement Part) became effective.
(b) The person was convicted of:
(A) Driving while under the influence of intoxicants in
violation of:
(i) ORS 813.010;
(ii) The statutory counterpart to ORS 813.010 in another
jurisdiction; or
(iii) A municipal ordinance in this state or another
jurisdiction;
(B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving of a
vehicle due to the use of { - intoxicating liquor, a controlled
substance, an inhalant or any combination thereof - } { + an
intoxicant or a combination of intoxicants + }; or
(C) A driving offense in another jurisdiction that involved
operating a vehicle while having a blood alcohol content above
that jurisdiction's permissible blood alcohol content.
(c) The person commenced participating in a driving while under
the influence of intoxicants diversion program in this state or
in any similar alcohol or drug rehabilitation program in this or
another jurisdiction.
(3) For the purposes of subsection (2)(b) of this section, a
conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol
content that is lower than the permissible blood alcohol content
in that jurisdiction for a person 21 years of age or older does
not constitute a prior conviction.
SECTION 18. ORS 813.500 is amended to read:
813.500. (1) If a person's license is suspended for driving
while under the influence of intoxicants under ORS 813.400 and
the suspension period is determined by ORS 809.428 (2)(b) or (c),
the Department of Transportation may only issue a hardship permit
to the person under ORS 807.240 if the person, in addition to any
requirement under ORS 807.240 and any applicable requirements
under ORS 807.250 and 813.520:
(a) Is examined by the Oregon Health Authority to determine
whether the person has a problem condition involving
{ - alcohol, inhalants or controlled substances - }
{ + intoxicants + } as described in ORS 813.040; and
(b) Complies with the requirements of this section.
(2) If the authority determines that the person has a problem
condition involving { - alcohol, inhalants or controlled
substances - } { + intoxicants + }, as described in ORS
813.040, the department may issue the permit to the person only
if both the following apply:
(a) The person enrolled in a program for rehabilitation for
alcoholism or drug dependence approved by the authority.
(b) The authority recommends, on the basis of the person's
progress in the rehabilitation program, such reinstatement in
writing to the department. If the authority makes a
recommendation under this paragraph, the authority shall state
specifically in the recommendation the times, places, routes and
days of the week minimally necessary for the person to seek or
retain employment, to attend any alcohol or drug treatment or
rehabilitation program or to obtain necessary medical treatment
for the person or a member of the person's immediate family.
(3) If the authority determines that the person does not have a
problem condition involving { - alcohol, inhalants or
controlled substances - } { + intoxicants + } as described in
ORS 813.040, the department may issue the permit to the person
only if, in addition to any requirements under ORS 807.240, the
person enters an alcohol or drug information program approved by
the authority and the department determines that issuance of a
permit is appropriate. If the department issues a permit to a
person described in this subsection, the department shall
require, under ORS 807.240, that the person complete the program
as a condition of retaining the permit.
SECTION 19. ORS 821.250 is amended to read:
821.250. (1) A person commits the offense of permitting
dangerous operation of a snowmobile or an all-terrain vehicle if
the person is the owner or other person having charge or control
of a snowmobile or an all-terrain vehicle and the person
knowingly authorizes or permits any person to operate the vehicle
across a highway who is:
(a) Incapable by reason of age, physical or mental disability;
or
(b) Under the influence of { - intoxicating liquor, inhalants
or controlled substances - } { + an intoxicant + }.
(2) In addition to other penalties provided by this section,
operators or owners may be liable as provided under ORS 821.310.
(3) The offense described in this section, permitting dangerous
operation of a snowmobile or an all-terrain vehicle, is a Class A
traffic violation.
SECTION 20. ORS 421.121 is amended to read:
421.121. (1) Except as provided in ORS 137.635, each inmate
sentenced to the custody of the Department of Corrections for
felonies committed on or after November 1, 1989, is eligible for
a reduction in the term of incarceration for:
(a) Appropriate institutional behavior, as defined by rule of
the Department of Corrections; and
(b)(A) Participation in the adult basic skills development
program described in ORS 421.084; or
(B) Obtaining a high school diploma, a General Educational
Development (GED) certificate, a certificate or degree from a
post-secondary education institution as defined in ORS 337.511 or
a journey level certification from a registered apprenticeship
program as defined in ORS 660.010. The reduction described in
this subparagraph may not exceed a period of 60 days.
(2)(a) The maximum amount of time credits earned for
appropriate institutional behavior, for participation in the
adult basic skills development program described in ORS 421.084
or for obtaining a diploma, certificate or degree described in
subsection (1)(b)(B) of this section may not exceed 30 percent of
the total term of incarceration in a Department of Corrections
institution.
(b) Notwithstanding paragraph (a) of this subsection, the
maximum amount of time credits earned under this section may not
exceed 20 percent of the total term of incarceration in a
Department of Corrections institution that is imposed in a
criminal action described in subsection (3) of this section.
(3) Subsection (2)(b) of this section applies to the total term
of incarceration that is imposed in a criminal action in which:
(a) The parties stipulate that the inmate is subject to
subsection (2)(b) of this section;
(b) The inmate is convicted of an offense that was committed
less than five years after the inmate completed serving a
sentence for:
(A) A person felony; or
(B) A crime described in paragraph (e) of this subsection;
(c) The inmate is convicted of a person felony;
(d) The inmate is convicted of an offense involving the use or
threatened use of a firearm; or
(e) The inmate is convicted of any of the following crimes:
(A) Subjecting another person to involuntary servitude in the
second degree under ORS 163.263;
(B) Subjecting another person to involuntary servitude in the
first degree under ORS 163.264;
(C) Trafficking in persons under ORS 163.266;
(D) Coercion under ORS 163.275;
(E) Online sexual corruption of a child in the second degree
under ORS 163.432;
(F) Online sexual corruption of a child in the first degree
under ORS 163.433;
(G) Aggravated theft in the first degree under ORS 164.057, if:
(i) The victim of the theft was 65 years of age or older at the
time of the commission of the offense; and
(ii) The value of the property stolen from the victim described
in sub-subparagraph (i) of this subparagraph, in a single or
aggregate transaction, is $10,000 or more;
(H) Treason under ORS 166.005;
(I) Abuse of a corpse in the second degree under ORS 166.085;
(J) Racketeering activities under ORS 166.720;
(K) Luring a minor under ORS 167.057;
(L) Assaulting a law enforcement animal under ORS 167.339;
(M) A sex crime as defined in ORS 181.594;
(N) Causing another person to ingest a controlled substance
under ORS 475.908;
(O) Applying a controlled substance to the body of another
person under ORS 475.910;
(P) Driving while under the influence of intoxicants under ORS
813.010 { - (5) - } { + (4) + }; or
(Q) An attempt, conspiracy or solicitation to commit an offense
described in this paragraph or in paragraph (c) or (d) of this
subsection.
(4) The time credits may not be used to shorten the term of
actual prison confinement to less than six months.
(5) The department shall adopt rules pursuant to the rulemaking
provisions of ORS chapter 183 to establish a process for
granting, retracting and restoring the time credits earned by the
offender as allowed in subsections (1) to (4) of this section.
(6) As used in this section:
(a) 'Completed serving a sentence' includes the completion of
any term of probation, parole or post-prison supervision.
(b) 'Person felony' has the meaning given that term in the
rules of the Oregon Criminal Justice Commission.
SECTION 21. ORS 813.012 is amended to read:
813.012. (1) The Oregon Criminal Justice Commission shall
classify felony driving while under the influence of intoxicants
that is committed under the circumstances described in ORS
813.010
{ - (5) - } { + (4) + } as crime category 6 of the rules of
the Oregon Criminal Justice Commission.
(2) In determining criminal history for a person convicted of a
felony that has operation of a motor vehicle as an element, or of
a felony that involved death, injury or property damage caused by
the use of a motor vehicle, the commission shall:
(a) Consider two prior convictions of misdemeanor driving while
under the influence of intoxicants to be equivalent to one
conviction of felony driving while under the influence of
intoxicants; and
(b) Consider felony driving while under the influence of
intoxicants to be a person felony and consider misdemeanor
driving while under the influence of intoxicants to be a person
Class A misdemeanor.
SECTION 22. { + Section 2 of this 2013 Act and the amendments
to ORS 421.121, 801.272, 807.060, 807.250, 809.235, 809.265,
809.730, 813.010, 813.012, 813.040, 813.131, 813.140, 813.150,
813.215, 813.220, 813.430, 813.500 and 821.250 by sections 3 to
21 of this 2013 Act apply to crimes committed on or after the
effective date of this 2013 Act. + }
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