69th OREGON LEGISLATIVE ASSEMBLY--1997 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 3027

                           A-Engrossed

                         House Bill 3211
                  Ordered by the House April 11
            Including House Amendments dated April 11

Sponsored by Representatives EDWARDS, OAKLEY (at the request of
  Atkinson School PTA and Laurie Errend)


                             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.

  Doubles minimum bail or fine for certain traffic offenses
committed in school zones compared to same offense committed
elsewhere.
  Authorizes road authority to erect signs describing fines and
to allow individuals to petition for, and pay for, signs.
 { + Requires signs to be posted before individuals may be
charged increased fine or bail. + }

                        A BILL FOR AN ACT
Relating to traffic offenses; creating new provisions; and
  amending ORS 811.106.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this Act is added to and made a
part of ORS chapter 811. + }
  SECTION 2.  { + (1) If signs authorized by section 5 of this
1997 Act are posted, the bail or fine for a person charged with
or convicted of a traffic offense that occurs in a school zone
shall be at least the amount established by the Supreme Court
pursuant to subsection (2) of this section.
  (2) In establishing minimum bail amounts under ORS 1.520 for
traffic offenses that occur in a school zone, the Supreme Court
shall:
  (a) Double the fine portion of the bail amount established for
the same offense occurring outside of a school zone; and
  (b) Add the amount of the unitary assessment under ORS 137.290
and the amount of the county assessment under ORS 137.309 that
are appropriate to the fine portion of the bail amount for the
offense if the offense occurs outside of a school zone.
  (3) This section applies to the following offenses if committed
in a school zone:
  (a) Class A or Class B traffic infractions.
  (b) Class C or Class D traffic infractions related to exceeding
a legal speed.
  (c) Major traffic offenses as defined in ORS 153.500.
  (4) A court shall not waive, reduce or suspend the amount of
bail or fine required by this section.

  (5) For purposes of this section, a traffic offense occurs in a
school zone if the offense occurs while the motor vehicle is
passing school grounds or a school crosswalk, notice of the
grounds or crosswalk is indicated plainly by traffic control
devices conforming to the requirements established under ORS
810.200 and posted under authority granted by ORS 810.210 and:
  (a) Children are in a place where they are or should be visible
to a person operating a motor vehicle that is passing school
grounds or a school crosswalk; or
  (b) A flashing light used as a traffic control device and
operated under ORS 811.106 indicates that children may be
arriving at or leaving school.
  (6) As used in this section, 'the fine portion of the bail
amount' means the total bail amount established by the Supreme
Court under ORS 1.520 for a particular offense minus the amount
of the unitary and county assessments. + }
  SECTION 3. ORS 811.106 is amended to read:
  811.106. A flashing light used as a traffic control device to
indicate that children may be arriving at or leaving school that
is operated to give notice under ORS 811.105 { + , + }
 { - and - }  811.123  { + or section 2 of this 1997 Act + }
shall be operated only at times when children are scheduled to
arrive at or leave the school.
  SECTION 4.  { + Section 5 of this Act is added to and made a
part of the Oregon Vehicle Code. + }
  SECTION 5.  { + A road authority may post signs designed to
give motorists notice of the provisions of section 2 of this 1997
Act.  The road authority may also develop procedures that enable
individuals or entities to petition and pay for the erection of
signs described in this section. + }
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