Bill Text: OR SB221 | 2013 | Regular Session | Introduced

Oregon Senate Bill 221 (Prior Session Legislation)

Bill Title: Relating to driving while under the influence of intoxicants diversion; declaring an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB221 Detail]

Download: Oregon-2013-SB221-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 683

                         Senate Bill 221

Sponsored by Senator HASS; Representative READ (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 as
introduced.

  Permits court to stay termination of driving while under
influence of intoxicants diversion agreement under certain
conditions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants
  diversion; creating new provisions; amending ORS 813.255; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 813.255 is amended to read:
  813.255. (1) At any time before the court dismisses with
prejudice the charge of driving while under the influence of
intoxicants, the court on its own motion or on the motion of the
district attorney or city attorney may issue an order requiring
defendant to appear and show cause why the court should not
terminate the diversion agreement. The order to show cause shall
state the reasons for the proposed termination and shall set an
appearance date.
  (2) The order to show cause shall be served on the defendant
and on the defendant's attorney, if any. Service may be made by
first class mail, postage paid, addressed to the defendant at the
mailing address shown on the diversion petition and agreement or
at any other address that the defendant provides in writing to
the court.
    { - (3) Except as provided in subsection (4) of this section,
the court shall terminate the diversion agreement and enter the
guilty plea or no contest plea that was filed as part of the
petition for the diversion agreement if: - }
    { - (a) At the hearing on the order to show cause, the court
finds by a preponderance of the evidence that any of the reasons
for termination described in this section exist; or - }
    { - (b) The defendant fails to appear at the hearing on the
order to show cause. - }
   { +  (3) Except as provided in subsections (4) and (5) of this
section, the court shall terminate the diversion agreement and
enter the guilty plea or no contest plea that was filed as part
of the petition for the diversion agreement if the defendant
fails to appear at the hearing on the order to show cause or if,

at the hearing on the order to show cause, the court finds by a
preponderance of the evidence that:
  (a) The defendant no longer qualifies for the diversion
agreement under the criteria described in ORS 813.215; or
  (b) The defendant failed to fulfill the terms of the diversion
agreement. + }
  (4) If a 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 is on active duty, the
court shall:
  (a) Allow the defendant to appear at the hearing by telephone
or other communication device approved by the court, if the
defendant's military service permits such an appearance; or
  (b) Stay the termination proceeding if the defendant's military
service prohibits the defendant's appearance by telephone or
other communication device and prohibits the defendant from
aiding and assisting the attorney who would appear on the
defendant's behalf.
   { +  (5) If the defendant fails to appear at a hearing on an
order to show cause, the court may stay the termination
proceeding if the reason for the issuance of the order to show
cause is:
  (a) The defendant has not paid the fees required under ORS
813.200, 813.210, 813.235 and 813.240; or
  (b) The defendant has not paid the fees described in paragraph
(a) of this subsection and failed to keep the court advised of
the defendant's current mailing address.
  (6) A stay of termination granted under subsection (5) of this
section may be for no more than 180 days from the ending date of
the original diversion period.
  (7) If the court permits a stay of termination under subsection
(5) of this section, the court may issue a warrant of arrest in
order to ensure the appearance of the defendant in court.
  (8) If the defendant pays all of the fees owed before the stay
of termination under subsection (5) of this section expires, the
court shall rescind the warrant and dismiss the charge with
prejudice under ORS 813.250.
  (9) If the court grants a stay of termination under subsection
(5) of this section and the defendant fails to appear and pay the
fees owed within the time allowed, the court shall enter the
guilty plea or no contest plea filed as part of the petition for
a diversion agreement, shall sentence the defendant and shall
enter a judgment of conviction. + }
    { - (5) - }  { +  (10) + } If the court terminates the
diversion agreement and enters the guilty plea or no contest
plea, the court may take into account at time of sentencing any
partial fulfillment by the defendant of the terms of the
diversion agreement.
    { - (6) The court shall terminate a diversion agreement under
this section for any of the following reasons: - }
    { - (a) The defendant fails to fulfill the terms of the
diversion agreement. - }
    { - (b) The defendant does not qualify for the diversion
agreement under the criteria in ORS 813.215. - }
  SECTION 2.  { + The amendments to ORS 813.255 by section 1 of
this 2013 Act apply to diversion agreements entered into before,
on or after the effective date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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