68th OREGON LEGISLATIVE ASSEMBLY--1995 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 2825
Senate Bill 489
Sponsored by Senator DWYER; Senator YIH
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.
Returns minimum bail and fine schedule for traffic offenses to
pre-1993 level. Specifies that Supreme Court may not adopt
minimum bail schedule for traffic offenses. Applies to offenses
committed on or after effective date of Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to traffic offenses; creating new provisions; amending
ORS 1.520, 153.615, 153.623 and 818.430; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 1.520 is amended to read:
1.520. (1) The Supreme Court may adopt rules for the conduct of
cases involving any of the following:
(a) Traffic offenses. Rules adopted under this paragraph may
include any rules the Supreme Court determines necessary to carry
out the purposes of an agreement established under ORS 802.530.
(b) Boating offenses.
(c) Violations of game and commercial fishing laws.
(d) Violations of ORS 164.775, 618.121 and 618.151.
(e) Infractions subject to ORS 8.665, 153.110 to 153.310 and
153.990.
(2) Rules adopted under this section, when promulgated,
supersede any local rule of a state court inconsistent therewith.
All city ordinances and city court rules shall conform to the
rules so adopted.
(3) { - Subject to ORS 153.623, - } The Supreme Court shall
establish a schedule of minimum bail or security for offenses and
infractions described under { + subsection (1)(b), (c), (d) and
(e) of + } this section. { + Traffic offenses are subject to the
schedule of minimum bail established by ORS 153.623 and not to
any schedule established by the Supreme Court. + } The schedule
{ + established by the court under this subsection + } is
binding on all courts of this state.
SECTION 2. ORS 153.615 is amended to read:
153.615. (1) Except as otherwise provided in the statute
defining the offense, the penalty for committing a traffic
infraction shall be a fine.
(2) A sentence to pay a fine for a traffic infraction shall be
a sentence to pay an amount not exceeding:
(a) { - $940 - } { + $500 + } for a Class A traffic
infraction.
(b) { - $470 - } { + $250 + } for a Class B traffic
infraction.
(c) { - $190 - } { + $100 + } for a Class C traffic
infraction.
(d) { - $95 - } { + $50 + } for a Class D traffic
infraction.
SECTION 3. ORS 153.623 is amended to read:
153.623. Notwithstanding any other provision of law, a court
that establishes bail for a person charged with violation of a
traffic offense that is in a category described in this section,
or a court that imposes a fine for violation of one of those
offenses, shall not establish the bail or impose the fine at an
amount less than that established for the category described
under this section. This section does not require a court to
impose bail upon the person if the court determines that the
person may be released without bail. If the maximum fine
allowable for an offense is less than the amount established
under this section for the category of that offense, the court
shall establish the bail or impose the fine at the maximum amount
allowable for that offense. This section establishes the
following minimum amounts for the described categories of traffic
offenses:
(1) Vehicle registration violations, { - $40 - }
{ + $20 + }.
(2) Equipment defects, { - $40 - } { + $20 + }.
(3) Violation of a specific speed limit imposed under law or of
a posted speed limit, based on number of miles per hour in excess
of speed limit as follows:
(a) One to 10 miles per hour in excess of speed limit,
{ - $40 - } { + $20 + }.
(b) 11 to 20 miles per hour in excess of speed limit,
{ - $95 - } { + $50 + }.
(c) 21 to 30 miles per hour in excess of speed limit,
{ - $280 - } { + $150 + }.
(d) Over 30 miles per hour in excess of speed limit,
{ - $470 - } { + $250 + }.
(e) Notwithstanding paragraphs (b) and (c) of this subsection,
if the speed limit is 65 miles per hour and:
(A) The person is exceeding 65 miles per hour but not exceeding
75 miles per hour, { - $95 - } { + $50 + }.
(B) The person is exceeding 75 miles per hour but not exceeding
85 miles per hour, { - $280 - } { + $150 + }.
(C) The person is exceeding 85 miles per hour, { - $470 - }
{ + $250 + }.
(4) Speed racing, { - $565 - } { + $300 + }.
(5) Passing violations, { - $40 - } { + $25 + }.
(6) Pedestrian violations, { - $10 - } { + $5 + }.
(7) Bicycle violations, { - $30 - } { + $15 + }.
(8) Dealer or wrecker license violations, { - $565 - }
{ + $300 + }.
(9) License plate violations, { - $280 - } { + $150 + }.
(10) Truck license violations and prorate violations,
{ - $95 - } { + $50 + }.
(11) Failure to obtain Public Utility Commission permit,
{ - $95 - } { + $50 + }.
(12) Violations of laws on open liquor containers in vehicles,
{ - $195 - } { + $50 + }.
(13) Violations of laws relating to yielding or stopping for
school buses or worker transport buses, { - $290 - }
{ + $100 + }.
(14) Careless driving, { - $190 - } { + $100 + }.
(15) Violation of winter parking permit requirements,
{ - $20 - } { + $10 + }.
(16) Failure to have driver license in possession,
{ - $10 - } { + $5 + }.
(17) Operating without driver license, { - $190 - }
{ + $100 + }.
(18) Misuse, failure to surrender or false application for
driver license, { - $280 - } { + $150 + }.
(19) False name or identification to police officer,
{ - $280 - } { + $150 + }.
(20) Reckless driving, { - $565 - } { + $300 + }.
(21)(a) Infraction driving with suspended or revoked driver
license, { - $565 - } { + $300 + }.
(b) Misdemeanor driving with suspended or revoked driver
license, { - $940 - } { + $500 + }.
(c) Felony driving with suspended or revoked driver license,
{ - $1,880 - } { + $1,000 + }.
(22) Failure to perform duties of driver or witness,
{ - $565 - } { + $300 + }.
(23) Driving under the influence of intoxicants, { - $565 - }
{ + $300 + }.
(24) Attempting to elude police officer, { - $565 - }
{ + $300 + }.
(25) Overload violations other than ORS 818.040 and 818.340
(5)(b) based on weight in excess of allowable weight, the amounts
established as fines under Schedule I in ORS 818.430.
(26) Overload { - violation - } { + violations + } under
ORS 818.340 (5)(b) based on weight in excess of allowable weight,
the amounts established as fines under Schedule II in ORS
818.430.
(27) Overload violations under ORS 818.040, based on weight in
excess of allowable weight, the amounts established as fines
under Schedule III in ORS 818.430.
(28) Failure or refusal to stop for and submit to measurement
or weighing, { - $1,880 - } { + $1,000 + }.
(29) Parking in a disabled { + person + } parking space in
violation of ORS 811.615 or unlawful use of a disabled person
parking permit in violation of ORS 811.625, { - $190 - }
{ + $100 + }.
(30) Violations not otherwise provided for in this section, as
follows:
(a) { - $50 - } { + $25 + } if the violation is not a
contributing factor to an accident.
(b) { - $95 - } { + $50 + } if the violation is a
contributing factor to an accident.
SECTION 4. ORS 818.430 is amended to read:
818.430. This section establishes schedules of penalties for
violations of maximum weight requirements under the vehicle code.
The particular schedule applicable is the schedule designated in
the section establishing the offense. Upon conviction, a person
is punishable by a fine and other penalty established in the
schedule. Fines are based upon the excess weight by which any
loaded weight exceeds the applicable loaded weight authorized in
the provision, permit, order or resolution the person violates.
The schedules are as follows:
(1) The penalties under Schedule I are as provided in this
subsection. If the excess weight is:
(a) One thousand pounds or less by a fine of { - $5 - }
{ + $2 + }.
(b) More than 1,000 pounds, but not in excess of 2,000 pounds,
by a fine of not less than { - $30 - } { + $15 + }.
(c) More than 2,000 pounds, but not in excess of 3,000 pounds,
by a fine of not more than { - three cents - } { + one
cent + } per pound for each pound of the excess weight.
(d) More than 3,000 pounds, but not in excess of 5,000 pounds,
the fine shall be { - five - } { + three + } cents per pound
for each pound of the excess weight.
(e) More than 5,000 pounds, but not in excess of 7,500 pounds,
the fine shall be { - 13 - } { + seven + } cents per pound
for each pound of the excess weight.
(f) More than 7,500 pounds, but not in excess of 10,000 pounds,
the fine shall be { - 15 - } { + eight + } cents per pound
for each pound of the excess weight.
(g) More than 10,000 pounds, but not in excess of 12,500
pounds, the fine shall be { - 19 - } { + 10 + } cents for
each pound of the excess weight.
(h) More than 12,500 pounds over the allowable weight,
{ - 24 - } { + 13 + } cents per pound for each pound of excess
weight.
(2) The penalties under Schedule II are as provided in this
subsection. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the
fine shall be { - $190 plus 19 - } { + $100 plus 10 + } cents
per pound of the excess weight.
(b) More than 5,000 pounds, but not in excess of 10,000 pounds,
the fine shall be { - $470 plus 28 - } { + $250 plus 15 + }
cents per pound of the excess weight.
(c) More than 10,000 pounds, the fine shall be { - $940 plus
57 - } { + $500 plus 30 + } cents per pound of the excess
weight.
(3) The per pound penalty in subsection (2) of this section
shall be waived by the court and the fine shall be not more than
{ - $190 - } { + $100 + } if a person charged with an offense
punishable under Schedule II produces in court a second valid
variance permit issued under ORS 818.200 authorizing a loaded
weight equal to or greater than the actual loaded weight of the
vehicle, combination of vehicles, axle, tandem axles or group of
axles upon which the citation was based.
(4) The penalties under Schedule III are as provided in this
subsection and are in addition to any suspension of operator's
license under ORS 809.120 or any suspension of vehicle
registration under ORS 809.120. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the
fine shall be { - $190 plus 28 - } { + $100 plus 15 + } cents
per pound for each pound of the excess weight.
(b) More than 5,000 pounds but { - less than - } { + not in
excess of + } 10,000 pounds, the fine shall be { - $420 plus
38 - } { + $250 plus 20 + } cents per pound for each pound of
excess weight.
(c) More than 10,000 pounds, the penalty shall be a fine of
{ - $940 plus 57 - } { + $500 plus 30 + } cents per pound for
each pound of excess weight or imprisonment in the county or
municipal jail for not less than 30 days nor more than 60 days,
or both.
SECTION 5. { + The amendments to ORS 153.615, 153.623 and
818.430 by sections 2, 3 and 4 of this Act apply to offenses
committed on or after the effective date of this Act. On and
after the effective date of this Act, the minimum bail schedule
adopted by the Supreme Court under ORS 1.520 (1993 Edition) for
traffic offenses shall be void. + }
SECTION 6. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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