Bill Text: OR HB3176 | 2013 | Regular Session | Introduced

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Bill Title: Relating to driving privileges.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3176 Detail]

Download: Oregon-2013-HB3176-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 3440

                         House Bill 3176

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.

  Shortens time person must wait before petitioning court or
applying to Department of Transportation to restore revoked
driving privileges.

                        A BILL FOR AN ACT
Relating to driving privileges; creating new provisions; and
  amending ORS 809.235 and 809.409.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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.
  (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 - }  { +  five + } 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 - }  { +  five + } 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 - }  { +  five + } 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 2. ORS 809.409 is amended to read:
  809.409. (1)(a) Upon receipt of a record of conviction of an
offense described in this section, the Department of

Transportation shall revoke the driving privileges of the person
convicted.
  (b) A person is entitled to administrative review under ORS
809.440 of a revocation under this section.
  (c) Except as otherwise provided in subsections (2) and (3) of
this section, the revocation shall be for a period of one year
from the date of revocation, 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.
  (2) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of aggravated
vehicular homicide or aggravated driving while suspended or
revoked or any degree of murder, manslaughter or 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, except that the provisions of this
subsection do not apply to a person whose driving privileges are
ordered revoked under ORS 809.235. A person whose driving
privileges are revoked under this subsection may apply for
reinstatement of driving privileges:
  (a) If the sentence for the crime for which the person's
driving privileges were revoked, or any other crimes arising from
the same criminal episode, includes incarceration, no sooner than
  { - 10 - }  { +  five + } years from the date the person is
released from incarceration for all crimes arising out of the
same criminal episode; or
  (b) If the sentence for the crime for which the person's
driving privileges were revoked and any other crimes arising from
the same criminal episode does not include incarceration, no
sooner than   { - 10 - }  { +  five + } years from the date the
department revoked the privileges under this subsection.
  (3) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of failure to
perform the duties of a driver to injured persons under ORS
811.705. The department shall revoke driving privileges under
this subsection for a period of five years if the court indicates
on the record of conviction that a person was killed as a result
of the accident. The person may apply for reinstatement of
privileges five years after the date the person was released from
incarceration, if the sentence includes incarceration. If the
sentence does not include incarceration, the person may apply for
reinstatement five years from the date the revocation was imposed
under this subsection.
  (4) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of perjury or
the making of a false affidavit to the department under any law
of this state requiring the registration of vehicles or
regulating their operation on the highways.
  (5) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of any felony
with a material element involving the operation of a motor
vehicle.
  SECTION 3.  { + The amendments to ORS 809.235 and 809.409 by
sections 1 and 2 of this 2013 Act apply to revocations of driving
privileges that occur before, on or after the effective date of
this 2013 Act. + }
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