Bill Text: OR SB395 | 2011 | Regular Session | Enrolled


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

Spectrum: Unknown

Status: (Passed) 2011-06-30 - Effective date, June 30, 2011. [SB395 Detail]

Download: Oregon-2011-SB395-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 395

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 Senate Interim Committee on
  Judiciary)

                     CHAPTER ................

                             AN ACT

Relating to driving while under the influence of intoxicants;
  creating new provisions; amending ORS 813.012 and section 3,
  chapter 1, Oregon Laws 2011; 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 813.012 is amended to read:
  813.012. (1) The Oregon Criminal Justice Commission shall
classify   { - a violation of ORS 813.010 that is a felony - }
 { +  felony driving while under the influence of intoxicants
that is committed under the circumstances described in ORS
813.010 (5) + } 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 2. Section 3, chapter 1, Oregon Laws 2011, is amended
to read:
   { +  Sec. 3. + }   { - a. - }   { + (1) + } Driving under the
influence of intoxicants  { +  under + }   { - ( - } ORS 813.010
 { - ) - }  shall be 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.
    { - b. - }   { + (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

Enrolled Senate Bill 395 (SB 395-B)                        Page 1

influence of intoxicants shall be a Class C felony regardless of
the amount of time which intervenes.
    { - c. - }   { + (3) + } Upon conviction for a Class C felony
under this section, the person shall be sentenced to a mandatory
minimum term of incarceration of 90 days, without reduction for
any reason.
    { - d. The state shall fully reimburse any county for the
county's costs of incarceration, including any pretrial
incarceration, for a person sentenced under this section. - }
  SECTION 3.  { + (1) The Legislative Assembly finds and declares
that:
  (a) In November of 2010, the voters enacted section 3, chapter
1, Oregon Laws 2011, which directed the state to fully reimburse
counties for the costs of incarcerating persons sentenced under
section 3, chapter 1, Oregon Laws 2011, including the costs of
pretrial incarceration.
  (b) Different counties incur different costs of incarceration
and many counties incur different costs for different inmates
within the same facility.
  (c) The Legislative Assembly intends to honor the direction
given by the voters while also creating an efficient and
effective means by which to do so.
  (d) Counties and the Department of Corrections have previously
agreed that the calculated rate at which the department provides
moneys to counties under ORS 423.530 for persons sentenced to 12
months or less incarceration is an efficient and effective means
by which to reimburse counties for the costs of their
incarceration.
  (2) The department shall reimburse counties for the costs of
incarcerating persons sentenced under section 3, chapter 1,
Oregon Laws 2011, including the costs of pretrial incarceration.
  (3) The department shall adopt rules prescribing the manner in
which a county may submit a claim for reimbursement under this
section. The reimbursement shall be calculated using the rate at
which the department provides moneys to counties under ORS
423.530 for persons sentenced to 12 months or less incarceration.
  (4) Reimbursements made to counties under this section must be
made from moneys appropriated to the department for that
purpose. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
                         ----------

Enrolled Senate Bill 395 (SB 395-B)                        Page 2

Passed by Senate June 22, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 27, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 395 (SB 395-B)                        Page 3

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 Senate Bill 395 (SB 395-B)                        Page 4
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