Bill Text: OR SB202 | 2013 | Regular Session | Introduced

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Bill Title: Relating to ignition interlock devices.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB202 Detail]

Download: Oregon-2013-SB202-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 673

                         Senate Bill 202

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.

  Extends suspension of driving privileges beyond end of
suspension or revocation period if person fails to submit proof
of installation or maintain installation of required ignition
interlock device.

                        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, as amended by section 1, chapter 66,
Oregon Laws 2012, 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 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 { +  full + } year { + , as
defined by the department by rule, + } after the ending date of
the suspension or revocation caused by the conviction.  { + The
department shall adopt by rule a procedure to ensure that the
person maintains installation of the device for the required
amount of time under this paragraph. + } Violation of the
condition imposed under this paragraph is a Class A traffic
violation.
  (c) For a second or subsequent conviction, for two
 { + full + } years { + , as defined by the department by
rule, + } after the ending date of the suspension or revocation
caused by the conviction.  { + The department shall adopt by rule
a procedure to ensure that the person maintains installation of
the device for the required amount of time under this
paragraph. + } 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  { + full + } years { + , as defined by the
department by rule, + } after the ending date of the longest
running suspension or revocation caused by any of the
convictions.  { + The department shall adopt by rule a procedure
to ensure that the person maintains installation of the device
for the required amount of time under this subsection. + }
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).
  (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.
  (4) Except as provided in subsection (5) of this section, if an
ignition interlock system is ordered or required under subsection
(1), (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.
  (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 (4) of this section if the defendant meets the
criteria for indigence established for waiving or deferring such
costs under subsection (6) of this section. If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection (4) of this section
must be paid from the Intoxicated Driver Program Fund.
  (6) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs
described under subsection (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.
  (7) { + (a) + }   { - At the end of the suspension or
revocation resulting from the conviction, - }  The department
shall suspend   { - the - }  driving privileges or  { + the + }
right to apply for driving privileges   { - of - }   { + if a
person convicted of driving while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal
ordinance does not comply with the requirements of subsection (1)
or (2) of this section. Suspension under this subsection applies
to any of the following:
  (A) + } A person who   { - has not submitted - }  { + , at the
end of the suspension or revocation resulting from the
conviction, fails to submit + } 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 - }
. { +  The suspension under this subsection for failure to submit
proof of installation shall continue until the department
receives proof that the ignition interlock device has been
installed. + }
    { - (8) - }  { +  (B) + }   { - If the department imposes a
suspension under subsection (7) of this section for failing to
submit proof of installation, the suspension continues - }
 { + A person who fails to maintain installation of an ignition
interlock device for the period required in subsection (1) or (2)
of this section. The suspension under this subsection for failure
to maintain installation of an ignition interlock device shall
continue + } until the department receives proof that the
ignition interlock device has been   { - installed - }  { +
reinstalled + }.  { + The person shall make up each day the
device is not installed to meet the required amount of time for
installation under subsection (1) or (2) of this section. + }
  { - 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; - }
    { - (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. - }
    { - (9) - }  { +  (C) + }   { - If - }   { + A person who
tampers with an ignition interlock device after it has been
installed. + } The   { - department imposes a - }  suspension
under  { + this + } subsection   { - (7) of this section - } 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; - }
    { - (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. - }   { + shall be
for ___ months. + }
    { - (10) - }  { +  (b) + } A person whose driving privileges
or right to apply for  { + driving + } privileges is suspended
under  { + this + } subsection
  { - (7) of this section - }  is entitled to administrative
review, as described in ORS 809.440, of the action.
    { - (11) - }  { +  (8) + } The department shall adopt rules
permitting medical exemptions from the requirements of
installation and use of an ignition interlock device under
subsections (1) and (2) of this section.
    { - (12) - }  { +  (9) + } 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 2013 Act apply to convictions that occur on or after the
effective date of this 2013 Act. + }
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