Chapter 1051 Oregon Laws
1999
Session Law
AN ACT
SB 20
Relating to offenses;
creating new provisions; amending ORS 1.005, 1.525, 3.136, 8.660, 8.665, 9.990,
10.990, 10.992, 17.990, 21.010, 21.385, 21.615, 22.020, 22.030, 22.040, 22.050,
22.070, 25.990, 30.460, 40.355, 41.905, 51.037, 51.050, 51.120, 51.310, 83.990,
93.990, 100.990, 131.005, 133.055, 133.060, 133.065, 133.070, 133.110, 133.235,
133.310, 133.753, 133.803, 133.827, 133.843, 135.280, 135.970, 136.040,
136.220, 137.017, 137.106, 137.109, 137.129, 137.180, 137.290, 137.295,
137.308, 137.309, 138.135, 138.520, 153.530, 153.535, 153.625, 153.630,
153.770, 153.800, 153.990, 156.050, 161.505, 161.635, 161.655, 162.195,
162.245, 162.255, 162.385, 163.197, 163.575, 163.577, 163.580, 164.383, 164.386,
164.775, 165.114, 166.663, 167.222, 167.400, 167.402, 167.830, 169.046,
169.340, 176.990, 179.495, 203.065, 203.810, 208.990, 221.145, 221.285,
221.287, 221.315, 221.335, 221.337, 221.918, 236.990, 240.990, 264.990,
273.558, 276.990, 283.990, 291.990, 293.990, 294.361, 308.990, 311.990,
339.925, 339.990, 341.300, 357.990, 358.935, 376.385, 390.050, 390.851,
390.990, 410.990, 414.815, 418.990, 419A.100, 419A.190, 419B.010, 419B.035,
419C.179, 433.990, 441.990, 448.990, 448.994, 452.990, 466.995, 468.922, 468.929,
468.936, 468.943, 469.990, 469.992, 471.430, 471.990, 476.990, 477.980,
477.985, 477.993, 478.990, 479.015, 479.280, 479.990, 480.990, 496.630,
496.680, 496.951, 496.992, 497.415, 498.153, 498.155, 498.993, 506.690,
506.755, 506.991, 508.485, 517.990, 520.991, 522.990, 527.990, 530.900,
530.990, 549.990, 552.992, 561.990, 564.991, 565.990, 570.990, 571.991,
576.991, 583.993, 596.990, 600.990, 601.990, 602.990, 604.076, 608.990,
609.990, 610.990, 618.406, 621.990, 625.990, 632.990, 646.990, 649.990, 652.990,
654.991, 656.990, 657.990, 662.992, 685.990, 689.045, 689.185, 697.990,
703.995, 704.040, 746.991, 748.990, 756.990, 757.990, 759.990, 777.990,
783.990, 801.026, 801.145, 801.550, 801.555, 802.200, 802.240, 802.530,
807.070, 807.270, 807.330, 809.220, 809.260, 809.265, 809.267, 809.360,
809.600, 809.610, 809.716, 810.214, 810.300, 810.310, 810.320, 810.330,
810.340, 810.365, 810.410, 810.425, 810.439, 810.440, 810.530, 811.100,
811.175, 811.230, 811.235, 813.170, 813.215, 813.220, 813.240, 813.520,
815.233, 823.991, 824.066, 824.992, 825.990, 830.005, 830.145, 830.815,
830.990, 830.997, 837.100 and 837.990 and section 10, chapter 788, Oregon Laws
1999 (Enrolled Senate Bill 81), and section 1, chapter 851, Oregon Laws 1999
(Enrolled House Bill 2071), and section 2, chapter [At Desk upon adjournment],
Oregon Laws 1999 (Enrolled House Bill 2491), and section 16, chapter [Bill
failed], Oregon Laws 1999 (Enrolled House Bill 2535), and section 3,
chapter 942, Oregon Laws 1999 (Enrolled House Bill 2731), and section 3,
chapter [Vetoed], Oregon Laws 1999 (Enrolled House Bill 3054), and
section 1, chapter 229, Oregon Laws 1999 (Enrolled House Bill 3276); and
repealing ORS 1.520, 51.040, 51.060, 133.045, 133.067, 133.072, 133.075,
133.077, 133.080, 133.100, 153.110, 153.120, 153.130, 153.140, 153.150,
153.160, 153.170, 153.180, 153.190, 153.200, 153.210, 153.220, 153.230,
153.240, 153.250, 153.260, 153.270, 153.280, 153.310, 153.325, 153.330,
153.335, 153.340, 153.345, 153.350, 153.355, 153.360, 153.365, 153.370,
153.375, 153.380, 153.385, 153.390, 153.395, 153.400, 153.405, 153.410,
153.415, 153.420, 153.440, 153.500, 153.505, 153.510, 153.515, 153.520,
153.525, 153.527, 153.540, 153.545, 153.550, 153.555, 153.560, 153.565,
153.570, 153.575, 153.580, 153.585, 153.590, 153.595, 153.610, 153.615,
153.620, 153.705, 153.710, 153.715, 153.720, 153.725, 153.730, 153.745,
153.750, 153.755, 153.760, 153.765, 153.766, 153.805, 153.808, 153.810,
153.995, 153.997, 161.565, 161.575, 609.092, 618.411, 618.416, 618.421, 618.426,
618.431, 618.436, 618.441, 618.446, 618.451, 618.456, 618.461, 618.466,
810.360, 830.010 and 830.995 and section 1, chapter 563, Oregon Laws 1999
(Enrolled Senate Bill 1006).
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 29 of this 1999 Act are added
to and made a part of ORS chapter 153.
DEFINITIONS
SECTION 2. Definitions. As used in this
chapter:
(1) "Enforcement
officer" means:
(a) A member of the Oregon
State Police.
(b) A sheriff or deputy
sheriff.
(c) A city marshal or a
member of the police of a city, municipal or quasi-municipal corporation.
(d) An investigator of a
district attorney's office if the investigator is or has been certified as a
peace officer in this or any other state.
(e) An investigator of the
Criminal Justice Division of the Department of Justice of the State of Oregon.
(f) Any other person
specifically authorized by law to issue citations for the commission of
violations.
(2) "Violation"
means an offense described in section 3 of this 1999 Act.
(3) "Violation
proceeding" means a judicial proceeding initiated by issuance of a
citation that charges a person with commission of a violation.
(4) "Traffic
offense" has the meaning given that term in ORS 801.555.
VIOLATIONS DESCRIBED
SECTION 3. Violation described. (1) Except as
provided in subsection (2) of this section, an offense is a violation if any of
the following apply:
(a) The offense is
designated as a violation in the statute defining the offense.
(b) The statute prescribing
the penalty for the offense provides that the offense is punishable by a fine
but does not provide that the offense is punishable by a term of imprisonment.
The statute may provide for punishment in addition to a fine as long as the
punishment does not include a term of imprisonment.
(c) The offense is created
by an ordinance of a county, city, district or other political subdivision of
this state with authority to create offenses, and the ordinance provides that
violation of the ordinance is punishable by a fine but does not provide that
the offense is punishable by a term of imprisonment. The ordinance may provide
for punishment in addition to a fine as long as the punishment does not include
a term of imprisonment.
(d) The prosecuting attorney
has elected to treat the offense as a violation for purposes of a particular
case in the manner provided by section 47 of this 1999 Act.
(e) The court has elected to
treat the offense as a violation for purposes of a particular case in the
manner provided by section 48 of this 1999 Act.
(2) Conviction of a
violation does not give rise to any disability or legal disadvantage based on
conviction of a crime.
VIOLATION CATEGORIES
SECTION 4. Violation categories. Violations are
classified for the purpose of sentencing into the following categories:
(1) Class A violations;
(2) Class B violations;
(3) Class C violations;
(4) Class D violations;
(5) Unclassified violations
as described in section 5 of this 1999 Act; and
(6) Specific fine violations
as described in section 5 of this 1999 Act.
SECTION 5. Unclassified and specific fine
violations. (1) An offense described in the Oregon Revised Statutes that is
designated as a violation but does not specify the classification of the
violation is an unclassified violation. An unclassified violation is a Class B
violation.
(2) A specific fine
violation is any offense described in the Oregon Revised Statutes that:
(a) Is not designated as a
crime or as a class A, B, C or D violation;
(b) Is not punishable by a
term of imprisonment as a penalty for committing the offense; and
(c) Is punishable by a
specific fine as the penalty for committing the offense.
SECTION 6. Schedule of penalties; distribution of
proceeds. (1) The penalty for committing a violation is a fine. The law
creating a violation may impose other penalties in addition to a fine but may
not impose a term of imprisonment.
(2) Except as provided in
this section, a sentence to pay a fine for a violation shall be a sentence to
pay an amount not exceeding:
(a) $600 for a Class A
violation.
(b) $300 for a Class B
violation.
(c) $150 for a Class C
violation.
(d) $75 for a Class D
violation.
(e) The amount otherwise
established by law for any specific fine violation.
(3) If no special corporate
fine is specified in the law creating the violation, a sentence to pay a fine
for a violation committed by a corporation shall be in an amount not to exceed
twice the fine established under this section for a violation by an individual.
If a special corporate fine is specified in the law creating the violation, the
sentence to pay a fine shall be governed by the law creating the violation.
(4) If a person or
corporation has gained money or property through the commission of a violation,
instead of sentencing the defendant to pay the fine provided for in subsection
(2) or (3) of this section, the court may sentence the defendant to pay an amount
fixed by the court, not exceeding double the amount of the defendant's gain
from the commission of the violation. For the purposes of this subsection, the
defendant's gain is the amount of money or the value of property, as determined
under ORS 164.115, derived from the commission of the violation, less the
amount of money or the value of property, as determined under ORS 164.115, returned
to the victim of the violation or seized by or surrendered to lawful authority
before the time sentence is imposed.
VIOLATION PROCEDURES
SECTION 7. Application; statute of limitations.
(1) The procedures provided for in this chapter apply to violations described
in section 3 of this 1999 Act. Except as specifically provided in this chapter,
the criminal procedure laws of this state applicable to crimes also apply to
violations.
(2) Notwithstanding
subsection (1) of this section, the procedures described in this chapter and in
the criminal procedure laws of this state do not apply to violations that
govern the parking of vehicles and that are created by ordinance or by agency
rule.
(3) The statute of
limitations for proceedings under this chapter is as provided in ORS 131.125.
(4) This chapter does not
affect the ability of a city described in ORS 3.136 (1) to engage in the
activities described in ORS 3.136 (3). Nothing in this chapter affects the
ability of any other political subdivision of this state to provide for the
administrative enforcement of the charter, ordinances, rules and regulations of
the political subdivision, including enforcement through imposition of monetary
penalties. Except for ordinances governing the parking of vehicles, administrative
enforcement as described in this subsection may not be used for any prohibition
designated as an offense.
(5) Nothing in this chapter
affects the ability of any political subdivision of this state to establish
rules relating to administrative enforcement as described in subsection (4) of
this section, including rules providing for the use of citations or other
procedures for initiating administrative enforcement proceedings.
(6) Nothing in this chapter
affects the ability of any political subdivision of this state to conduct
hearings for administrative enforcement as described in subsection (4) of this
section, either before a hearing officer or before the governing body of the
political subdivision.
(7) Nothing in this chapter
affects the ability of any political subdivision to bring a civil action to
enforce the charter, ordinances, rules and regulations of the political
subdivision, or to bring a civil action to enforce any order for administrative
enforcement as described in subsection (4) of this section.
(8) Nothing in section 9 of
this 1999 Act affects the authority of any political subdivision of this state
to provide for issuance of citations for violation of offenses created by
ordinance on the same basis as the political subdivision could under the law in
effect immediately before the operative date of sections 1 to 325 of this 1999
Act.
SECTION 8. Rules of procedure. The Supreme
Court may adopt rules for the conduct of violation proceedings. Rules adopted
by the Supreme Court under this section must be consistent with the provisions
of this chapter. Rules adopted under this section supersede any local rule of a
state court to the extent the local rule is inconsistent with the rule adopted
by the Supreme Court. All city ordinances and municipal court rules must
conform to any rules adopted by the Supreme Court under this section.
SECTION 9. Issuance of violation citations. (1)
Except as provided in ORS 810.410 for issuance of a citation based on a traffic
violation, as that term is defined in ORS 801.550, or as otherwise specifically
provided by law, an enforcement officer may issue a violation citation only if
the conduct alleged to constitute a violation takes place in the presence of
the enforcement officer and the enforcement officer has reasonable grounds to
believe that the conduct constitutes a violation.
(2) If the person receiving
the citation is a firm, corporation or other organization, the citation may be
issued to an employee, agent or representative of the firm, corporation or
organization.
SECTION 10. Stop and detention for violation.
(1) An enforcement officer may not arrest, stop or detain a person for the
commission of a violation except to the extent provided in this section and ORS
810.410.
(2) An enforcement officer
may stop and detain any person if the officer has reasonable grounds to believe
that the person has committed a violation. An enforcement officer may stop and
detain any employee, agent or representative of a firm, corporation or other
organization if the officer has reasonable grounds to believe that the firm,
corporation or other organization has committed a violation.
(3) Except as provided in
subsection (4) of this section, the period of detention may be only as long as
is necessary to:
(a) Establish the identity
of the person, firm, corporation or organization believed to have committed the
violation;
(b) Conduct any
investigation reasonably related to the violation; and
(c) Issue a citation for the
violation.
(4) The authority of an
enforcement officer to stop and detain a person for a traffic violation as
defined by ORS 801.550 is governed by ORS 810.410.
SECTION 11. Initiation of violation proceeding by
private party. (1) A person other than an enforcement officer may commence
a violation proceeding by filing a complaint with a court that has jurisdiction
over the alleged violation. The filing of the complaint is subject to section
14 of this 1999 Act. The complaint shall be entered by the court in the court
record.
(2) A complaint under this
section must contain:
(a) The name of the court,
the name and address of the person bringing the action and the name and address
of the defendant.
(b) A statement or
designation of the violation that can be readily understood by a person making
a reasonable effort to do so and the date, time and place at which the
violation is alleged to have occurred.
(c) A certificate signed by
the complainant stating that the complainant believes that the named defendant
committed the violation specifically identified in the complaint and that the
complainant has reasonable grounds for that belief. A certificate conforming to
this section shall be deemed equivalent of a sworn complaint. Complaints filed
under this section are subject to the penalties provided in ORS 153.990.
(3) Upon the filing of a
complaint under this section, the court shall cause a summons to be delivered
to the defendant and shall deliver a copy of the complaint to the district
attorney for the county in which the complaint is filed. The court may require
any enforcement officer to serve the summons.
(4) If the complaint does
not conform to the requirements of this section, the court shall set it aside
upon motion of the defendant made before the entry of a plea. A pretrial ruling
on a motion to set aside may be appealed by the state.
(5) A court may, acting in
its sole discretion, amend a complaint filed under the provisions of this
section.
(6) A court shall dismiss a
complaint filed under this section upon the motion of the district attorney for
the county or of the city attorney for a city if:
(a) The district attorney or
city attorney has brought a proceeding against the defendant named in the
complaint or intends to bring a proceeding against the defendant named in the
complaint; and
(b) The proceeding is
brought by the district attorney or city attorney by reason of the same conduct
alleged in the complaint.
(7) Any political
subdivision of this state may require by ordinance that violation proceedings
for the purpose of enforcing the charter or ordinances of the political
subdivision may not be commenced in the manner provided by this section and
that those proceedings may be commenced only by enforcement officers.
(8) A person other than an
enforcement officer may commence a violation proceeding under this section only
for:
(a) Boating violations under
ORS chapter 830, or any violation of rules adopted pursuant to ORS chapter 830
if the violation constitutes an offense;
(b) Traffic violations under
ORS chapters 801 to 826, or any violation of rules adopted pursuant to those
chapters if the violation constitutes an offense;
(c) Violations under the
wildlife laws, as described in ORS 496.002, or any violation of rules adopted
pursuant to those laws if the violation constitutes an offense;
(d) Violations under the
commercial fishing laws, as described in ORS 506.001, or any violation of rules
adopted pursuant to those laws if the violation constitutes an offense; or
(e) Violations of ORS
618.121 to 618.161, and violation of rules adopted pursuant to those laws if
the violation constitutes an offense.
SECTION 12. Venue in circuit and justice courts.
(1) A violation proceeding in circuit court may be commenced in the circuit
court for:
(a) The county in which the
violation was committed; or
(b) Any other county whose
county seat is a shorter distance by road from the place where the violation
was committed.
(2) If a violation
proceeding is commenced in the circuit court for a county other than the court
for the county in which the violation was committed, at the request of the
defendant the place of trial may be changed to the county in which the
violation was committed. A request for a change of the place of trial shall be
made prior to the date set for the trial and shall, if the proceeding is
commenced in a circuit court, be governed by the provisions of ORS 131.305 to
131.415.
(3) Except as specifically
provided in this section, venue in violation proceedings in circuit courts is
governed by ORS 131.305 to 131.415.
(4) If the proceeding is
commenced in a justice court, a request for a change of the place of trial
shall be governed by the provisions of ORS 156.100.
SECTION 12a. If Senate Bill 1006 becomes law, section 1,
chapter 563, Oregon Laws 1999 (Enrolled Senate Bill 1006) (amending ORS
153.570), is repealed and section 12 of this 1999 Act is amended to read:
Sec. 12. (1) A
violation proceeding in circuit court or
justice court may be commenced in [the
circuit court for]:
(a) The county in which the violation was committed; or
(b) Any other county whose county seat is a shorter distance by
road from the place where the violation was committed. The proceeding may be commenced in a circuit court or, notwithstanding
the provisions of ORS 51.050 and section 40 of this 1999 Act that limit the
jurisdiction of justice courts to offenses committed within the county and of
city courts to offenses committed within the jurisdictional authority of the
city, in a justice or municipal court.
(2) If a violation proceeding is commenced in [the circuit court for] a county other
than [the court for] the county in
which the violation was committed, at the request of the defendant the place of
trial may be changed to the county in which the violation was committed. A
request for a change of the place of trial shall be made prior to the date set
for the trial and shall[, if the
proceeding is commenced in a circuit court,] be governed by the provisions
of ORS 131.305 to 131.415 relating to
change of venue.
(3) Except as specifically provided in this section, venue in
violation proceedings in circuit courts is governed by ORS 131.305 to 131.415.
[(4) If the proceeding is
commenced in a justice court, a request for a change of the place of trial
shall be governed by the provisions of ORS 156.100.]
SECTION 13. Violation citation. (1) Except as
provided in subsection (5) of this section, a citation conforming to the
requirements of this section must be used by enforcement officers for all
violations. The citation may contain other language in addition to the language
specified in this section.
(2) Uniform citation forms
for violations shall be adopted by the Supreme Court under ORS 1.525. In
adopting those forms, the Supreme Court may combine the requirements for
violation citations under this section and the requirements for criminal
citations under section 57 of this 1999 Act. More than one violation may be
charged on a single citation form, but a crime and a violation may not be
charged on the same citation form.
(3) A violation citation
shall consist of at least four parts. Additional parts may be inserted for
administrative use. The required parts are:
(a) A complaint in the form
prescribed by section 14 of this 1999 Act.
(b) The abstract of court
record.
(c) The police record.
(d) A summons in the form
prescribed by section 15 of this 1999 Act.
(4) Each of the parts shall
contain the information or blanks required by rules of the Supreme Court under
ORS 1.525.
(5) The complaint shall
contain a form of certificate in which the enforcement officer must certify,
under the penalties provided in ORS 153.990, that the enforcement officer has
reasonable grounds to believe, and does believe, that the person named in the
complaint committed the violation specified in the complaint. A certificate
conforming to this subsection shall be deemed equivalent of a sworn complaint.
SECTION 14. Minimum requirements for a complaint.
(1) The complaint in a violation citation must contain at least the following:
(a) The name of the court,
the name of the state or of the city or other public body in whose name the
action is brought and the name of the defendant.
(b) A statement or
designation of the violation that can be readily understood by a person making
a reasonable effort to do so and the date, time and place at which the
violation is alleged to have been committed.
(c) A certificate under
section 13 (5) of this 1999 Act signed by the enforcement officer.
(2) If the complaint does
not conform to the requirements of this section, the court shall set the complaint
aside upon motion of the defendant made before the entry of a plea. A pretrial
ruling on a motion to set aside may be appealed by the state.
(3) A court may amend a
complaint in its discretion.
SECTION 15. Minimum requirements for summons. A
summons in a violation citation is sufficient if it contains the following:
(1) The name of the court,
the name of the person cited, the date on which the citation was issued, the
name of the enforcement officer issuing the citation, and the time and place at
which the person cited is to appear in court.
(2) A statement or
designation of the violation that can be readily understood by a person making
a reasonable effort to do so and the date, time and place at which the
violation is alleged to have been committed.
(3) A notice to the person
cited that a complaint will be filed with the court based on the violation.
(4) The amount of the base
fine, if any, fixed for the violation.
(5) A statement notifying
the person that a monetary judgment may be entered against the person for up to
the maximum amount of fines, assessments, restitution and other costs allowed
by law for the violation if the person fails to make all required appearances
at the proceedings.
SECTION 16. Service and filing. Except as
provided in ORS 810.439, 811.590, 811.615 or 811.617 or other law, an
enforcement officer issuing a violation citation shall cause the summons to be
delivered to the person cited and shall cause the complaint and abstract of
court record to be delivered to the court.
SECTION 17. Appearance by defendant. (1) A
defendant who has been issued a violation citation must either:
(a) Make a first appearance
by personally appearing in court at the time indicated in the summons; or
(b) Make a first appearance
in the manner provided in subsection (2) of this section before the time
indicated in the summons.
(2) A defendant who has been
issued a violation citation may make a first appearance in the matter before
the time indicated in the summons by one of the following means:
(a) The defendant may submit
to the court a written or oral request for a trial.
(b) The defendant may enter
a plea of no contest by delivering to the court the summons, a check or money
order in the amount of the base fine set forth in the summons, and a statement
of matters in explanation or mitigation of the violation charged. The delivery
of a statement of matters in explanation or mitigation under the provisions of
this paragraph constitutes a waiver of trial and consent to the entry of a
judgment forfeiting the base fine based on the statement and any other
testimony or written statements that may be presented to the court by the
citing officer or other witnesses.
(c) The defendant may
execute the appearance, waiver of trial and plea of guilty that appears on the
summons and deliver the summons and a check or money order in the amount of the
base fine set forth in the summons to the court. The defendant may attach a
statement of matters in explanation or mitigation of the violation.
(3) The court may require
that a defendant requesting a trial under subsection (2)(a) of this section
deposit the base fine specified under sections 34 to 39 of this 1999 Act or
such other amount as the court determines appropriate if the defendant has
failed to appear in any court on one or more other charges in the past. If the
defendant does not deposit the amount specified by the court, the defendant
must personally appear in court at the time indicated in the summons. The
amount deposited by the defendant may be applied against any fine imposed by
the court, and any amount not so applied shall be refunded to the defendant at
the conclusion of the proceedings.
(4) If the defendant
personally appears in court at the time indicated in the summons and enters a
plea of guilty, the judge shall consider any statement in explanation or
mitigation made by the defendant.
(5) The court may require a
defendant to appear personally in any case, or may require that all defendants
appear in specified categories of cases.
(6) If a defendant has
entered a no contest plea or guilty plea in the manner provided in subsection
(2)(b) or (c) of this section, and the court determines that the base fine
amount is not adequate by reason of previous convictions of the defendant, the
nature of the offense charged or other circumstances, the court may require
that a trial be held unless an additional fine amount is paid by the defendant
before a specified date. Notice of an additional fine amount under this
subsection may be given to the defendant by mail. In no event may the court
require a total fine amount in excess of the maximum fine established for the
violation by statute.
(7) If a defendant fails to
make a first appearance on a citation for a traffic violation, as defined by
ORS 801.550, or fails to appear at any other subsequent time set for trial or
other appearance, the driving privileges of the defendant are subject to
suspension under ORS 809.220.
SECTION 18. Warrant for arrest upon failure to
appear. (1) Except as provided in subsection (2) of this section, a warrant
for arrest may be issued against a person who fails to make a first appearance
on a citation for a violation, or fails to appear at any other subsequent time
set for trial or other appearance, only if the person is charged with failure
to appear in a violation proceeding under section 29 of this 1999 Act.
(2) If a person fails to
make a first appearance on a citation for a violation, or fails to appear at
any other subsequent time set for trial or other appearance, the court may
issue an order that requires the defendant to appear and show cause why the
defendant should not be held in contempt. The show cause order may be mailed to
the defendant by certified mail, return receipt requested. If service cannot be
accomplished by mail, the defendant must be personally served. If the defendant
is served and fails to appear at the time specified in the show cause order,
the court may issue an arrest warrant for the defendant for the purpose of
bringing the defendant before the court.
SECTION 19. When trial required. (1) The court
may require that a trial be held in any violation proceeding.
(2) Unless a plea of guilty
or no contest is entered, a trial must be scheduled for a violation if
conviction of the violation would result in the revocation or suspension of the
defendant's driving privileges.
SECTION 20. Time and place of trial. If the
defendant requests a trial under section 17 of this 1999 Act, or a trial is
required by the court or by law, the court shall fix a date, time and place for
the trial. Unless notice is waived by the defendant, the court shall mail or
otherwise provide to the defendant notice of the date, time and place at least
five days before the trial. If the citation is for a traffic violation, the
notice must contain a warning to the defendant that if the defendant fails to
appear at the trial, the driving privileges of the defendant are subject to
suspension under ORS 809.220.
SECTION 21. Trial; generally. (1) Violation
proceedings shall be tried to the court sitting without jury. The trial in a
violation proceeding may not be scheduled fewer than seven days after the date
that the citation is issued unless the defendant waives the seven-day period.
(2) The state, municipality
or political subdivision shall have the burden of proving the charged violation
by a preponderance of the evidence.
(3) The pretrial discovery
rules in ORS 135.805 to 135.873 apply in violation proceedings.
(4) The defendant may not be
required to be a witness in the trial of any violation.
(5) Defense counsel shall
not be provided at public expense in any proceeding in which only violations
are charged.
(6) A district attorney or
city attorney may aid in preparing evidence and obtaining witnesses but, except
upon good cause shown to the court, shall not appear in violation proceedings
unless counsel for the defendant appears. The court shall ensure that the
district attorney or city attorney is given timely notice if defense counsel is
to appear at trial.
SECTION 22. Trial; testimony by affidavit.
Notwithstanding any other provision of law, the court may admit as evidence in
any trial in a violation proceeding the affidavit of a witness in lieu of
taking the testimony of the witness orally and in court. The authority granted
under this section is subject to all of the following:
(1) Testimony may not be
presented by affidavit under the provisions of this section unless the court
has adopted rules authorizing the use of affidavits and providing procedures
for the introduction and use of the testimony.
(2) The court shall allow
testimony by affidavit under this section only upon receiving a signed
statement from the defendant waiving the right to have the testimony presented
orally in court.
(3) Testimony by affidavit
under this section is not subject to objection as hearsay.
(4) A statement signed by
the defendant under subsection (2) of this section does not constitute a waiver
of trial unless the affidavit specifically so provides.
(5) Nothing in this section
requires that the defendant or any other witness waive the right to appear if
other testimony is introduced by affidavit as provided in this section.
SECTION 23. Entry of judgment (nondefault cases).
(1) If a trial is held in a violation proceeding, the court shall enter a
judgment based on the evidence presented at the trial.
(2) If the defendant appears
and enters a plea of no contest in the manner described in section 17 (2)(b) of
this 1999 Act, and a trial is not otherwise required by the court or by law,
the court shall make a decision based on the citation, the statement filed by
the defendant and any other information or materials submitted to the court.
(3) If the defendant enters
a plea of guilty in the manner described in section 17 (2)(c) of this 1999 Act,
a trial is not otherwise required by the court or by law and the court accepts
the plea of guilty, judgment shall be entered against the defendant based on
the violation citation.
SECTION 24. Entry of judgment (default cases).
(1) If the defendant in a violation proceeding does not make a first appearance
in the manner required by section 17 of this 1999 Act within the time allowed,
and a trial is not otherwise required by the court or by law, the court may
enter a default judgment based on the complaint and any other evidence the
judge determines appropriate.
(2) If the defendant makes a
first appearance in the manner required by section 17 of this 1999 Act within
the time allowed and requests a trial, and the defendant subsequently fails to
appear at the date, time and place set for any trial or other appearance in the
matter, and if a trial is not otherwise required by the court or by law, the
court shall enter a judgment based on the complaint and any other evidence the
judge determines appropriate.
SECTION 25. Provisions of judgment. (1)
Judgments entered under this chapter may include:
(a) Imposition of a sentence
to pay a fine;
(b) Costs, assessments and
restitution authorized by law;
(c) A requirement that the
fine, costs, assessments and restitution, if any, be paid out of any base fine;
(d) Remission of any balance
of a base fine to the defendant or to any other person designated by the
defendant; and
(e) Any other provision
authorized by law.
(2) Notwithstanding ORS
137.106, if the court orders restitution in a default judgment entered under
section 24 of this 1999 Act, the court need not make a determination of the
defendant's ability to pay for the purposes of any restitution provided for in
the judgment. A defendant may seek a determination by the court as to the
defendant's ability to pay any restitution ordered under this subsection by
filing a written request with the court within one year after the entry of the
judgment. The court shall set a hearing on the issue of the defendant's ability
to pay upon receipt of the request and shall give notice to the district
attorney. The district attorney shall give notice to the victim of the date,
time and place of the hearing. The court may reduce the amount of restitution
ordered under this subsection if the defendant establishes at the hearing that
the defendant is unable to pay the ordered restitution in full or part.
(3) If a trial is held in a
violation proceeding, or a default judgment is entered against the defendant
under section 24 of this 1999 Act, the court may impose any fine within the
statutory limits for the violation. If a defendant pleads no contest under
section 17 (2)(b) of this 1999 Act, or pleads guilty under section 17 (2)(c) of
this 1999 Act, and the court accepts the plea and enters judgment against the
defendant, the amount of the fine imposed against the defendant by the court
may not exceed the amount of the base fine established for the violation under
sections 34 to 39 of this 1999 Act.
(4) A judge may suspend
operation of any part of a judgment entered under this chapter upon condition
that the defendant pay the nonsuspended portion of a fine within a specified
period of time. If the defendant fails to pay the nonsuspended portion of the
fine within the specified period of time, the suspended portion of the judgment
becomes operative without further proceedings by the court and the suspended
portion of the fine becomes immediately due and payable.
(5) The court may not
recommend a suspension of the defendant's driving privileges unless a trial has
been required. The failure of the defendant to appear at the trial does not
prevent the court from recommending suspension of the defendant's driving privileges.
(6) Entry of a default
judgment under section 24 of this 1999 Act does not preclude the arrest and
prosecution of the defendant for the crime of failure to appear in a violation
proceeding under section 29 of this 1999 Act.
SECTION 26. Relief from default judgment. If a
default judgment is entered against a defendant under section 24 of this 1999
Act, the court may relieve a defendant from the judgment upon a showing that
the failure of the defendant to appear was due to mistake, inadvertence,
surprise or excusable neglect. A motion for relief under this section must be
made by the defendant within a reasonable time, and in no event may a motion
under this section be made more than one year after entry of judgment.
SECTION 27. Effect of judgment (former jeopardy; res
judicata; collateral estoppel). (1) Notwithstanding ORS 131.505 to 131.535,
if a person commits both a crime and a violation as part of the same criminal
episode, the prosecution for one offense shall not bar the subsequent
prosecution for the other. However, evidence of the first conviction shall not
be admissible in any subsequent prosecution for the other offense.
(2) Notwithstanding ORS
43.130 and 43.160, no plea, finding or proceeding upon any violation shall be
used for the purpose of res judicata or collateral estoppel, nor shall any
plea, finding or proceeding upon any violation be admissible as evidence in any
civil proceeding.
SECTION 28. Appeal. An appeal from a judgment in
a violation proceeding may be taken by either party as follows:
(1) From a proceeding in
justice court or municipal court, as provided in ORS 138.057 for appeals of
violations.
(2) From a proceeding in
circuit court, as provided in ORS chapter 19.
SECTION 29. Failure to appear in a violation
proceeding is a Class A misdemeanor. (1) A person commits the offense of
failure to appear in a violation proceeding if the person has been served with
a violation citation issued under this chapter and the person knowingly fails
to do any of the following:
(a) Make a first appearance
in the manner required by section 17 of this 1999 Act within the time allowed.
(b) Make appearance at the
time set for trial in the violation proceeding.
(c) Appear at any other time
required by the court or by law.
(2) Failure to appear on a
violation citation is a Class A misdemeanor.
SECTION 30. ORS 153.770, 153.800 and 153.820 are added
to and made a part of ORS chapter 153.
SECTION 31.
ORS 153.990 is amended to read:
153.990. Any person who in connection with the issuance of a
citation, or the filing of a complaint, under [ORS 8.665, 153.110 to 153.310 and this section] this chapter, knowingly certifies falsely to the matters set forth
therein commits a Class A misdemeanor.
SECTION 32. Repeals. ORS 153.110, 153.120,
153.130, 153.140, 153.150, 153.160, 153.170, 153.180, 153.190, 153.200,
153.210, 153.220, 153.230, 153.240, 153.250, 153.260, 153.270, 153.280,
153.310, 153.325, 153.330, 153.335, 153.340, 153.345, 153.350, 153.355,
153.360, 153.365, 153.370, 153.375, 153.380, 153.385, 153.390, 153.395,
153.400, 153.405, 153.410, 153.415, 153.420, 153.440, 153.500, 153.505,
153.510, 153.515, 153.520, 153.525, 153.527, 153.540, 153.545, 153.550,
153.555, 153.560, 153.565, 153.570, 153.575, 153.580, 153.585, 153.590,
153.595, 153.610, 153.615, 153.620, 153.705, 153.710, 153.715, 153.720,
153.725, 153.730, 153.745, 153.750, 153.755, 153.760, 153.765, 153.766,
153.805, 153.808, 153.810, 153.995, 153.997 and 810.360 are repealed.
BASE FINE AMOUNTS FOR VIOLATIONS
SECTION 33. Sections 34 to 39 of this 1999 Act are
added to and made a part of ORS chapter 153.
SECTION 34. Authority of courts to establish higher
base fine amounts. Sections 34 to 39 of this 1999 Act establish minimum
base fine amounts for violations. Base fine amounts established under sections
34 to 39 of this 1999 Act shall be used in preparing summons for violation
citations under section 15 of this 1999 Act and for such other purposes as may
be provided for in this chapter. Any court of this state may adopt higher base
fine amounts for violations subject to the jurisdiction of the court. A
political subdivision may establish base fine amounts for violation of
ordinances of the political subdivision that are less than or greater than the
base fine amounts calculated under sections 34 to 39 of this 1999 Act.
SECTION 35. Base fine amounts for violations;
generally. (1) The base fine required in violation proceedings under this
chapter is the sum of a foundation amount calculated under sections 34 to 39 of
this 1999 Act plus the unitary and county assessments established under ORS
137.290 and 137.309 for the violation. The amount of the county assessment
under ORS 137.309 shall be calculated using the foundation amount determined
under sections 34 to 39 of this 1999 Act, and shall not be calculated using the
maximum fine for the violation.
(2) Except as otherwise
provided in sections 34 to 39 of this 1999 Act, the foundation amount to be
used in calculating the base fine required in violation proceedings under this
chapter is 40 percent of the maximum fine established for the violation.
(3) Except as otherwise
provided in sections 34 to 39 of this 1999 Act, the foundation amount to be
used for a specific fine violation in calculating the base fine required in a
violation proceeding under this chapter is the maximum fine provided for the
violation.
(4) If the law creating a
violation establishes a minimum fine, and the foundation amount calculated for
the violation under sections 34 to 39 of this 1999 Act is less than the minimum
fine for the violation, the foundation amount to be used in calculating the base
fine required in a violation proceeding under this chapter is the minimum fine
established for the violation.
SECTION 36. Increased base fine amount for certain
violations. (1) If a person is charged with a violation and the enforcement
officer issuing the citation notes on the citation that the offense was a
substantial contributing factor to an accident that resulted in property damage
or personal injury, or that the violation created a substantial risk of injury
to another person, the foundation amount to be used in calculating the base
fine under section 35 of this 1999 Act is 60 percent of the maximum fine
established for the violation.
(2) Subsection (1) of this
section does not apply to a charge of careless driving under ORS 811.135 if the
commission of the offense contributed to an accident and the defendant is
charged with a Class A traffic violation. The foundation amount for a charge of
careless driving under ORS 811.135 that is charged as a Class A traffic
violation shall be calculated under section 35 (2) of this 1999 Act.
(3) Subsection (1) of this
section does not apply to a charge of illegal U-turn under ORS 811.365, if the
commission of the offense contributed to an accident and the defendant is
charged with a Class B traffic violation. The foundation amount for a charge of
illegal U-turn under ORS 811.365 that is charged as a Class B traffic violation
shall be calculated under section 35 (2) of this 1999 Act.
SECTION 37. Base fine amounts for certain traffic
violations. If a person is charged with a traffic offense, and the
enforcement officer issuing the citation notes on the citation that the offense
occurred in a highway work zone and is subject to the provisions of ORS
811.230, or occurred in a posted school zone and is subject to the provisions
of ORS 811.235, the foundation amount to be used in calculating the base fine
under sections 34 to 39 of this 1999 Act is 80 percent of the maximum fine
established for the violation.
SECTION 38. Base fine amounts for violation of
wildlife laws. The base fine amount for violation of wildlife laws or rules
adopted pursuant to wildlife laws shall be as provided in ORS 496.951.
SECTION 38a. Rounding off. Any base fine amount
calculated under sections 34 to 39 of this 1999 Act shall be rounded off to the
nearest dollar.
SECTION 39. Schedule of base fine amounts. The
State Court Administrator shall prepare and publish from time to time a
schedule of minimum base fine amounts for violations. The schedule prepared by
the State Court Administrator under this section shall reflect the base fine
amounts for selected violations as calculated under sections 34 to 39 of this
1999 Act.
JURISDICTION OF COURTS
SECTION 40. Municipal courts. (1) A municipal
court has concurrent jurisdiction with circuit courts and justice courts over
all violations committed or triable in the city where the court is located.
(2) Except as provided in
subsections (3) and (4) of this section, municipal courts have concurrent
jurisdiction with circuit courts and justice courts over misdemeanors committed
or triable in the city. Municipal courts may exercise the jurisdiction conveyed
by this section without a charter provision or ordinance authorizing that
exercise.
(3) Municipal courts have no
jurisdiction over felonies.
(4) A city may limit the
exercise of jurisdiction over misdemeanors by a municipal court under this
section by the adoption of a charter provision or ordinance, except that
municipal courts must retain concurrent jurisdiction with circuit courts over:
(a) Misdemeanors created by
the city's own charter or by ordinances adopted by the city, as provided in ORS
3.132; and
(b) Traffic crimes as
defined by ORS 801.545.
(5) Subject to the powers
and duties of the Attorney General under ORS 180.060, the city attorney has
authority to prosecute a violation of any offense created by statute that is
subject to the jurisdiction of a municipal court, including any appeal, if the
offense is committed or triable in the city. The prosecution shall be in the
name of the state. The city attorney shall have all powers of a district
attorney in prosecutions under this subsection.
SECTION 41.
ORS 51.050 is amended to read:
51.050. (1) Except as otherwise provided in [subsection (2) of] this section, in
addition to the criminal jurisdiction of justice courts already conferred upon
and exercised by them, justice courts have jurisdiction of all [misdemeanors] offenses committed or triable in their respective counties. The jurisdiction conveyed by this section
is concurrent with any jurisdiction that may be exercised by a circuit court or
municipal court.
(2) Any defendant charged with a misdemeanor in a justice court
after entering a plea of not guilty, shall be immediately notified of the right
of the defendant to have the matter transferred to the circuit court for the
county where the justice court is located. The election shall be made within 10
days after the plea of not guilty is entered and the justice shall immediately
transfer the case to the appropriate court.
(3) A justice court does
not have jurisdiction over the trial of any felony.
SECTION 42. Repeals. ORS 51.040 and 51.060 are
repealed.
ADJUSTMENTS TO ORS CHAPTER 161
SECTION 43.
ORS 161.505 is amended to read:
161.505. An offense is conduct for which a sentence to a term
of imprisonment or to a fine is provided by any law of this state or by any law
or ordinance of a political subdivision of this state. An offense is either a
crime, as described in ORS 161.515,
or a violation [or an infraction], as described in section 3 of this 1999
Act.
SECTION 44.
ORS 161.635 is amended to read:
161.635. (1) A sentence to pay a fine for a misdemeanor shall
be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $5,000 for a Class A misdemeanor.
(b) $2,000 for a Class B misdemeanor.
(c) $1,000 for a Class C misdemeanor.
(2) A sentence to pay a fine for an unclassified misdemeanor
shall be a sentence to pay an amount, fixed by the court, as provided in the
statute defining the crime.
[(3) Except as provided
in subsection (4) of this section, a sentence to pay a fine for a violation
shall be a sentence to pay an amount, fixed by the court, not exceeding $250.]
[(4) A sentence under ORS
496.992 (2) to pay a fine for a violation of the wildlife laws or rules adopted
pursuant thereto shall be a sentence to pay an amount not to exceed $500.]
[(5)] (3) If a person has gained money or
property through the commission of a misdemeanor [or violation], then upon conviction thereof the court, instead of
imposing the fine authorized for the offense under [subsection (1), (2) or (3) of] this section, may sentence the
defendant to pay an amount fixed by the court, not exceeding double the amount
of the defendant's gain from the commission of the offense. In that event, ORS
161.625 (4) and (5) apply.
[(6)] (4) This section shall not apply to
corporations.
SECTION 45.
ORS 161.655 is amended to read:
161.655. (1) A sentence to pay a fine when imposed on a
corporation for an offense defined in the Oregon Criminal Code or for an offense
defined outside this code for which no special corporate fine is specified,
shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $50,000 when the conviction is of a felony.
(b) $5,000 when the conviction is of a Class A misdemeanor or
of an unclassified misdemeanor for which a term of imprisonment of more than
six months is authorized.
(c) $2,500 when the conviction is of a Class B misdemeanor or
of an unclassified misdemeanor for which the authorized term of imprisonment is
not more than six months.
(d) $1,000 when the conviction is of a Class C misdemeanor or
an unclassified misdemeanor for which the authorized term of imprisonment is
not more than 30 days.
[(e) $500 when the
conviction is of a violation.]
(2) A sentence to pay a fine, when imposed on a corporation for
an offense defined outside the Oregon Criminal Code, if a special fine for a
corporation is provided in the statute defining the offense, shall be a
sentence to pay an amount, fixed by the court, as provided in the statute
defining the offense.
(3) If a corporation has gained money or property through the
commission of an offense, then upon conviction thereof the court, in lieu of
imposing the fine authorized for the offense under subsection (1) or (2) of
this section, may sentence the corporation to pay an amount, fixed by the
court, not exceeding double the amount of the corporation's gain from the
commission of the offense. In that event, ORS 161.625 (4) and (5) apply.
SECTION 46. Sections 47 and 48 of this 1999 Act are
added to and made a part of ORS 161.505 to 161.585.
SECTION 47. Election by prosecuting attorney to
treat misdemeanor as violation. (1) Except as provided in subsection (4) of
this section, a prosecuting attorney may elect to treat any misdemeanor as a
Class A violation. The election must be made by the prosecuting attorney orally
at the time of the first appearance of the defendant or in writing filed on or
before the time scheduled for the first appearance of the defendant. If no
election is made within the time allowed, the case shall proceed as a
misdemeanor.
(2) If a prosecuting
attorney elects to treat a misdemeanor as a Class A violation under this
section, the court shall amend the accusatory instrument to reflect the charged
offense as a Class A violation and clearly denominate the offense as a Class A
violation in any judgment entered in the matter.
(3) If a prosecuting
attorney elects to treat a misdemeanor as a Class A violation under this
section, and the defendant fails to make any required appearance in the matter,
the court may enter a default judgment against the defendant in the manner
provided by section 24 of this 1999 Act. The maximum fine that the court may
impose under a default judgment entered pursuant to section 24 of this 1999 Act
is the maximum fine for a Class A violation, as provided in section 6 of this
1999 Act.
(4) A prosecuting attorney
may not elect to treat misdemeanors created under ORS 811.540 or 813.010 as
violations under the provisions of this section.
(5) The election provided
for in this section may be made by a city attorney acting as prosecuting
attorney in the case of municipal ordinance offenses, a county counsel acting
as prosecuting attorney under a county charter in the case of county ordinance
offenses, and the Attorney General acting as prosecuting attorney in those
criminal actions or proceedings within the jurisdiction of the Attorney
General.
SECTION 48. Election by court to treat misdemeanor
as violation. (1) Except as provided in subsection (4) of this section, a
court may elect to treat any misdemeanor as a Class A violation for the purpose
of entering a default judgment under section 24 of this 1999 Act if:
(a) A complaint or
information has been filed with the court for the misdemeanor;
(b) The defendant has failed
to make an appearance in the proceedings required by the court or by law; and
(c) The court has given
notice to the district attorney for the county and the district attorney has
informed the court that the district attorney does not object to treating the
misdemeanor as a Class A violation.
(2) If the court treats a
misdemeanor as a Class A violation under this section, the court shall amend
the accusatory instrument to reflect the charged offense as a Class A violation
and clearly denominate the offense as a Class A violation in the judgment
entered in the matter.
(3) If the court treats a
misdemeanor as a Class A violation under this section, the maximum fine that
the court may impose under a default judgment entered pursuant to section 24 of
this 1999 Act is the maximum fine for a Class A violation, as provided in
section 6 of this 1999 Act.
(4) A court may not treat
misdemeanors created under ORS 811.540 or 813.010 as violations under the
provisions of this section.
SECTION 49. Repeals. ORS 161.565 and 161.575 are
repealed.
ABSTRACTS OF CONVICTION
FOR VIOLATIONS
SECTION 50. Section 51 of this 1999 Act is added to and
made a part of ORS chapter 153.
SECTION 51. (1) Upon entry of a conviction for a
traffic offense, the court shall forward to the Department of Transportation an
abstract of conviction in the manner required by ORS 153.625, and a copy of the
judgment, if required, under the provisions of ORS 153.625.
(2) Upon entry of a
conviction for violation of any provision of the wildlife laws or commercial
fishing laws, or any rule promulgated pursuant to those laws, the court that
enters the judgment of conviction shall forward to the Department of State
Police an abstract of conviction.
(3) Upon entry of a conviction
for a compulsory school attendance violation under ORS 339.925, the court shall
forward to the Department of Education an abstract of conviction.
(4) Upon entry of a
conviction for violation of a weights and measures law subject to penalty under
ORS 618.991, the court shall forward to the State Department of Agriculture an
abstract of conviction.
(5) Upon entry of a
conviction of a boating offense, as defined in ORS 830.005, the court shall
forward to the State Marine Board an abstract of conviction.
(6) A court may destroy any
abstract not required to be forwarded to an agency under the provisions of this
section.
SECTION 52.
ORS 153.625 is amended to read:
153.625. (1) The judge or clerk of every court of this state
having jurisdiction of any traffic offense, [as defined for the Oregon Vehicle Code,] including all local and
municipal judicial officers in this state:
(a) Shall keep a full record of every case in which a person is
charged with any such offense.
(b) Shall send the Department of Transportation an abstract of
conviction [or bail forfeiture] for
any person who is convicted [or whose
bail is forfeited].
(c) Shall send the department a copy of any final judgment of
conviction of any person which results in mandatory suspension or revocation of
driving privileges or commercial driver license under ORS 809.410, 813.400 or
813.403.
(d) Shall send the department a copy of any final judgment
finding a person charged with a traffic offense guilty except for insanity and
committed to the jurisdiction of the Psychiatric Security Review Board.
(2) The department shall keep such records in its office, and
they shall be open to the inspection of any person during reasonable business
hours.
(3) To comply with this section, a judge or clerk must comply
with the following:
(a) Any information required by this section to be sent to the
department must be sent within the time provided under ORS 810.370 and must
include information required by ORS 810.370.
(b) Information shall not be sent to the department under this
section concerning convictions excluded from ORS 810.370.
SECTION 53. ORS 153.625 is added to and made a part of
the Oregon Vehicle Code.
PROCEDURES FOR CRIMINAL CITATIONS
SECTION 54.
ORS 133.055 is amended to read:
133.055. (1) [A peace
officer in lieu of taking the person into custody may issue and serve a
citation to the person to appear at the court of the magistrate before whom the
person would be taken pursuant to ORS 133.450.] A peace officer may issue a criminal citation to a person if the peace
officer has probable cause to believe that the person has committed a
misdemeanor or has committed any felony that is subject to misdemeanor
treatment under ORS 161.705. The peace officer shall deliver a copy of the
criminal citation to the person. The criminal citation shall require the person
to appear at the court of the magistrate before whom the person would be taken
pursuant to ORS 133.450 if the person were arrested for the offense.
(2)(a) Notwithstanding the provisions of subsection (1) of this
section, when a peace officer is at the scene of a domestic disturbance and has
probable cause to believe that an assault has occurred between spouses, former
spouses or adult persons related by blood or marriage or persons of opposite
sex residing together or who formerly resided together, or to believe that one
such person has placed the other in fear of imminent serious physical injury,
the officer shall arrest and take into custody the alleged assailant or
potential assailant.
(b) When the peace officer makes an arrest under paragraph (a)
of this subsection, the peace officer is not required to arrest both persons.
(c) When a peace officer makes an arrest under paragraph (a) of
this subsection, the peace officer shall make every effort to determine who is
the assailant or potential assailant by considering, among other factors:
(A) The comparative extent of the injuries inflicted or the
seriousness of threats creating a fear of physical injury;
(B) If reasonably ascertainable, the history of domestic
violence between the persons involved;
(C) Whether any alleged crime was committed in self-defense;
and
(D) The potential for future assaults.
(3) Whenever any peace officer has reason to believe that a
family or household member has been abused as defined in ORS 107.705 or that an
elderly person has been abused as defined in ORS 124.005, that officer shall
use all reasonable means to prevent further abuse, including advising each
person of the availability of a shelter or other services in the community and
giving each person immediate notice of the legal rights and remedies available.
The notice shall consist of handing each person a copy of the following
statement:
___________________________________________________________________
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask
the district attorney to file a criminal complaint. You also have the right to
go to the circuit court and file a petition requesting any of the following
orders for relief: (a) An order restraining your attacker from abusing you; (b)
an order directing your attacker to leave your household; (c) an order
preventing your attacker from entering your residence, school, business or
place of employment; (d) an order awarding you or the other parent custody of
or parenting time with a minor child or children; (e) an order restraining your
attacker from molesting or interfering with minor children in your custody; (f)
an order directing the party not granted custody to pay support of minor
children, or for support of the other party if that party has a legal
obligation to do so.
You also have the right to sue for losses suffered as a result
of the abuse, including medical and moving expenses, loss of earnings or
support, and other out-of-pocket expenses for injuries sustained and damage to
your property. This can be done without an attorney in small claims court if
the total amount claimed is under $2,500.
For further information you may contact: ____."
___________________________________________________________________
SECTION 55.
ORS 133.060 is amended to read:
133.060. (1) [The person
cited] A person who has been served
with a criminal citation shall appear before a magistrate of the county in
which the person was cited at the time, date and court specified in the
citation, which shall not be later than 30 days after the date the citation was
issued.
(2) If the cited person fails to appear at the time, date and
court specified in the criminal
citation, and a complaint or information is filed, the magistrate shall issue a
warrant of arrest, upon application for its issuance, upon the person's failure
to appear.
[(3) If the cited offense
is a violation as defined in ORS 161.565, a warrant of arrest shall only be
issued for violation of ORS 133.075.]
SECTION 56. Section 57 of this 1999 Act is added to and
made a part of ORS 133.045 to 133.080.
SECTION 57. Complaint or information in support of
criminal citation. (1) A criminal citation may include a complaint or may
be issued without a form of complaint. If a criminal citation is issued without
a complaint, the citation must be in the form provided by section 60 of this
1999 Act. If a criminal citation is issued with a complaint, the citation must
be in the form provided by section 61 of this 1999 Act.
(2) A criminal citation may
be issued with a complaint only if a procedure for the issuance of a citation
with a complaint has been authorized by the district attorney for the county in
which the crime is alleged to have been committed.
(3) A complaint or
information may be filed with the court before or after the issuance of a
criminal citation without a complaint. Nothing in this section affects the
requirement that a complaint or information be filed for the crime charged.
(4) More than one crime may
be charged in a single criminal citation. However, if a defendant is to be
charged with driving while under the influence of intoxicants in violation of
ORS 813.010, a separate criminal citation must be used for the charge of driving
while under the influence of intoxicants and that citation may not be used to
charge the defendant with the commission of any other crime.
(5) Uniform citation forms
for crimes shall be adopted by the Supreme Court under ORS 1.525. In adopting
those forms, the Supreme Court may combine the requirements for criminal
citations under this section and the requirements for violation citations under
section 13 of this 1999 Act. A crime and a violation may not be charged on the
same citation form.
SECTION 58.
ORS 133.065 is amended to read:
133.065. [(1)] If a criminal citation is issued as
described in ORS 133.055, the peace officer shall serve one copy [to]
on the person arrested and shall, as soon as practicable, file a duplicate
copy with the magistrate specified [therein] in ORS 133.055 along with proof of
service.
[(2) Each copy of the
citation issued under authority of ORS 133.045 to 133.080, 133.110 and 156.050
shall contain:]
[(a) The name of the
court at which the cited person is to appear.]
[(b) The name of the
person cited.]
[(c) A brief description
of the offense of which the person is charged, the date, the time and place at
which the offense occurred, the date on which the citation was issued, and the
name of the peace officer who issued the citation.]
[(d) The time, date and
place at which the person cited is to appear in court.]
[(e) Whether a complaint
or information had been filed at the time the citation was issued.]
[(f) If the arrest was
made by a private party, the name of the arresting person.]
[(g) The following:]
[_________________________________________________________________]
READ CAREFULLY
This citation is not a
complaint or an information. One may be filed and you will be provided a copy
thereof at the time of your first appearance. You MUST appear in court at the
time set in the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR INFORMATION
HAS BEEN FILED, THE COURT WILL IMMEDIATELY ISSUE A WARRANT FOR YOUR ARREST.
[_________________________________________________________________]
SECTION 59. Sections 60 and 61 of this 1999 Act are
added to and made a part of ORS 133.045 to 133.080.
SECTION 60. Criminal citation issued without
attached complaint. A criminal citation issued without a form of complaint
must contain:
(1) The name of the court at
which the cited person is to appear.
(2) The name of the person
cited.
(3) A brief description of
the offense for which the person is charged, the date, time and place at which
the offense occurred, the date on which the citation was issued, and the name
of the peace officer who issued the citation.
(4) The date, time and place
at which the person cited is to appear in court, and a summons to so appear.
(5) Whether a complaint or
information had been filed with the court at the time the citation was issued.
(6) If the arrest was made
by a private party, the name of the arresting person.
(7) The following:
___________________________________________________________________
This citation is not a
complaint or an information. A complaint or an information may be filed and you
will be provided a copy thereof at the time of your first appearance. You MUST
appear in court at the time set in the citation. IF YOU FAIL TO APPEAR AND A
COMPLAINT OR INFORMATION HAS BEEN FILED, THE COURT WILL IMMEDIATELY ISSUE A
WARRANT FOR YOUR ARREST.
___________________________________________________________________
SECTION 61. Criminal citation issued with attached
complaint. (1) A criminal citation issued with a form of complaint must
contain:
(a) The name of the court at
which the cited person is to appear.
(b) The name of the person
cited.
(c) A complaint containing
at least the following:
(A) The name of the court,
the name of the state or of the city or other public body in whose name the
action is brought and the name of the defendant.
(B) A statement or
designation of the crime that can be readily understood by a person making a
reasonable effort to do so and the date, time and place at which the crime is
alleged to have been committed.
(d) The date on which the
citation was issued, and the name of the peace officer who issued the citation.
(e) The date, time and place
at which the person cited is to appear in court, and a summons to so appear.
(f) If the arrest was made
by a private party, the name of the arresting person.
(2) The district attorney
for the county shall review any criminal citation issued with a form of
complaint that is to be filed in a circuit or justice court. The review must be
done before the complaint is filed.
SECTION 62.
ORS 133.070 is amended to read:
133.070. (1) In any instance in which a person is subject to
arrest without a warrant for violation of an ordinance of a county, city or
municipal corporation, any peace officer who is authorized to make the arrest
may make the arrest [but] or in lieu of taking the person into
custody the officer may issue and serve a criminal
citation to the person to appear at any court within the jurisdictional unit by
which the officer is authorized to act.
(2) Any criminal
citation issued under this section [shall
conform to the requirements of ORS 133.065] must meet the requirements of ORS 133.045 to 133.080.
(3) The person cited shall appear before the court in which the
person's appearance is required at the time, date and court specified in the criminal citation. If the person fails
to appear at that time and a complaint is filed, the court shall issue a
warrant for the person's arrest upon application for its issuance.
[(4) If the cited offense
is not a crime, a warrant of arrest shall only be issued for violation of ORS
133.075.]
SECTION 63. ORS 133.075 is repealed and section 64 of
this 1999 Act is enacted in lieu thereof.
SECTION 64. (1) A person commits the offense of failure
to appear on a criminal citation if the person has been served with a criminal
citation issued under ORS 133.045 to 133.080 and the person knowingly fails to
do any of the following:
(a) Make an appearance in
the manner required by ORS 133.060.
(b) Make appearance at the
time set for trial in the criminal proceeding.
(c) Appear at any other time
required by the court or by law.
(2) Failure to appear on a
criminal citation is a Class A misdemeanor.
NOTE: Section
65 was deleted by amendment. Subsequent sections were not renumbered.
SECTION 66.
ORS 133.110 is amended to read:
133.110. If an
information or a complaint has been filed with the magistrate, and the
magistrate is satisfied that there is probable cause to believe that the person
has committed the [offense complained of] crime specified in the information or
complaint, the magistrate[, if the
offense is a crime,] shall issue a warrant of arrest. [However, on a misdemeanor charge or on a felony charge which in the
discretion of the court may be considered a misdemeanor charge at the time
sentence is imposed, the magistrate may authorize a peace officer to issue and
serve a citation as provided in ORS 133.055. If the offense is a violation, the
magistrate shall authorize a peace officer to issue and serve a citation as
provided in ORS 133.055.] If the
offense is subject to issuance of a criminal citation under ORS 133.055, the
court may authorize a peace officer to issue and serve a criminal citation in
lieu of arrest.
SECTION 67.
ORS 133.235 is amended to read:
133.235. (1) A peace officer may arrest a person [for an offense under ORS 133.005 to 133.045,
133.075, 133.100 to 133.340 and 133.450 to 133.475,] for a crime at any hour of any day or night.
(2) A peace officer may arrest a person for [an offense] a crime, pursuant to ORS 133.310 (1), whether or not such [offense] crime was committed within the geographical area of such peace
officer's employment, and the peace officer may make such arrest within the
state, regardless of the situs of the offense.
(3) The officer shall inform the person to be arrested of the
officer's authority and reason for the arrest, and, if the arrest is under a
warrant, shall show the warrant, unless the officer encounters physical
resistance, flight or other factors rendering this procedure impracticable, in
which case the arresting officer shall inform the arrested person and show the
warrant, if any, as soon as practicable.
(4) In order to make an arrest, a peace officer may use
physical force as justifiable under ORS 161.235, 161.239 and 161.245.
(5) In order to make an arrest, a peace officer may enter
premises in which the officer has probable cause to believe the person to be
arrested to be present.
(6) If after giving notice of the officer's identity, authority
and purpose, the officer is not admitted, the officer may enter the premises,
and by a breaking, if necessary.
(7) A person may not be
arrested for a violation except to the extent provided by section 10 of this
1999 Act and ORS 810.410.
SECTION 68.
ORS 133.310 is amended to read:
133.310. (1) A peace officer may arrest a person without a
warrant if the officer has probable cause to believe that the person has
committed any of the following:
(a) A felony.
(b) A Class A misdemeanor.
(c) An unclassified offense for which the maximum penalty
allowed by law is equal to or greater than the maximum penalty allowed for a
Class A misdemeanor.
(d) Reckless driving under ORS 811.140.
(e) Driving while under the influence of intoxicants under ORS
813.010.
(f) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(g) Criminal driving while suspended or revoked under ORS
811.182.
(h) Fleeing or attempting to elude a police officer under ORS
811.540.
(i) Any other [offense] crime committed in the officer's
presence [except traffic infractions as
defined in ORS 153.505 and violations as defined in ORS 161.565].
(2) A peace officer may arrest a person without a warrant when
the peace officer is notified by telegraph, telephone, radio or other mode of
communication by another peace officer of any state that there exists a duly
issued warrant for the arrest of a person within the other peace officer's
jurisdiction.
(3) A peace officer shall arrest and take into custody a person
without a warrant when the peace officer has probable cause to believe that:
(a) There exists an order issued pursuant to ORS 30.866,
107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020, 163.738 or 419B.190
restraining the person;
(b) A true copy of the order and proof of service on the person
has been filed as required in ORS 107.720, 124.030, 163.741 or 419B.190; and
(c) The person to be arrested has violated the terms of that
order.
(4) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.185 supplies a copy of the foreign restraining order to the
officer and represents to the officer that the person has been located in this
state for 30 days or less; and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign restraining order.
(5) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.185 has filed a copy of the foreign restraining order with a
court under the provisions of ORS 24.115; and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign restraining order.
(6) A peace officer shall arrest and take into custody a person
without a warrant if the peace officer has probable cause to believe:
(a) The person has been charged with an offense that also
constitutes domestic violence, as defined in ORS 135.230, and is presently
released as to that charge under ORS 135.230 to 135.290; and
(b) The person has failed to comply with the no contact
condition of the release agreement.
SECTION 68a.
ORS 137.129 is amended to read:
137.129. The length of a community service sentence shall be
within these limits:
(1) For a violation [or
traffic offense except a major traffic offense], not more than 48 hours.
(2) For a misdemeanor [or
major traffic offense] other than driving under the influence of
intoxicants in violation of ORS 813.010, not more than 160 hours.
(3)(a) For a felony committed prior to November 1, 1993, not
more than 500 hours.
(b) For a felony committed on or after November 1, 1993, as
provided in the rules of the Oregon Criminal Justice Commission.
(4) For a violation of driving under the influence of
intoxicants under ORS 813.010, not less than 80 hours or more than 250 hours.
SECTION 69.
ORS 162.195 is amended to read:
162.195. (1) A person commits the crime of failure to appear in
the second degree if, having by court order been released from custody or a
correctional facility upon a release agreement or security release upon the
condition that the person will subsequently appear personally in connection
with a charge against the person of having committed a misdemeanor [or violation], the person intentionally
fails to appear as required.
(2) Failure to appear in the second degree is a Class A
misdemeanor.
[(3) If a default
judgment has been entered against a person under ORS 133.067 or 161.565, a
person cannot be charged under this section for failure to appear on the
misdemeanor or violation.]
SECTION 70.
ORS 162.385 is amended to read:
162.385. (1) A person commits the crime of giving false
information to a peace officer for a citation if the person knowingly uses or
gives a false or fictitious name, address or date of birth to any peace officer
for the purpose of the officer's issuing or serving the person a citation under
authority of ORS 133.045 to 133.080[,
133.110 and 156.050] or ORS chapter
153.
(2) A person who violates this section commits a Class A
misdemeanor.
SECTION 71.
ORS 169.046 is amended to read:
169.046. (1) If a county court or board adopts a jail capacity
limit under ORS 169.044 and the number of inmates in its local correctional
facility exceeds that capacity limit so that a county jail population emergency
exists, the sheriff shall notify the presiding circuit judge, each municipal
court judge and justice of the peace in the county, the district attorney for
the county, the county counsel, the chief law enforcement officer for each city
located in the county and the county court or board of commissioners that the
number of inmates in the local correctional facility has exceeded capacity and
that a county jail population emergency exists.
(2) If the county court or board has adopted a jail capacity
limit and action plan under ORS 169.044 and if a county jail population
emergency occurs under the terms of the plan, the county court or board and the
county sheriff may carry out the steps of the plan. This includes any
authorization, under the plan, for the sheriff to order inmates released in
order to reduce the jail population. A sheriff shall be immune from criminal or
civil liability for any good faith release of inmates under ORS 169.042 to
169.046.
(3) If it becomes necessary to order inmates released under ORS
169.042 to 169.046, or if it appears to the sheriff that release of inmates is
likely to become necessary in the near future, the sheriff shall immediately
notify all police agencies in the county to make maximum use of citations in
lieu of custody pursuant to ORS 133.045 to [133.100]
133.080 until further notice.
SECTION 72. Repeals. ORS 133.045, 133.067,
133.072, 133.077, 133.080 and 133.100 are repealed.
CITATION FORMS
SECTION 73.
ORS 1.525 is amended to read:
1.525. (1) The Supreme Court shall adopt one or more forms for the following purposes:
(a) A form of
uniform [traffic] violation citation for the purposes of
[ORS 153.515] section 13 of this 1999 Act;
(b) A form of uniform
criminal citation without complaint for the purposes of section 60 of this 1999
Act;
(c) A form of uniform
criminal citation with complaint for the purposes of section 61 of this 1999
Act;
(d) Any form of uniform
citation for categories of offenses as the court finds necessary or convenient;
and
[(b) A uniform boating
citation for the purposes of ORS 153.335;]
[(c) A uniform wildlife
and commercial fishing citation for the purposes of ORS 153.710;]
[(d) A uniform weights
and measures licensing citation for the purposes of ORS 618.421;]
(e) A uniform
petition for a driving while under the influence of intoxicants diversion
agreement for the purposes of ORS 813.210[;
and].
[(f) Uniform infraction
citations for infractions subject to ORS 8.665, 153.110 to 153.310 and 153.990
as the Supreme Court determines appropriate.]
(2) If changes are made to a uniform citation form under this section, the Supreme
Court shall make a reasonable effort to minimize the financial impact of the
changes on the state agencies and political subdivisions of this state that use
the uniform citation form. Where
possible, the effort to minimize the financial impact shall include a
reasonable time for the state agencies and political subdivisions to exhaust
their existing supplies of the citation form before the changes become
effective.
(3) Except as provided
in subsection (4) of this section, the uniform citation forms adopted by the
Supreme Court under this section must be used by all enforcement officers, as
defined in section 2 of this 1999 Act, when issuing a violation citation or
criminal citation.
(4) The uniform citation
forms adopted by the Supreme Court under this section need not be used for:
(a) Offenses created by
ordinance or agency rule governing parking of vehicles; or
(b) Offenses created by the
ordinances of political subdivisions.
SECTION 74. ORS 1.520 is repealed.
VIOLATION OF AGENCY RULES
SECTION 75. Section 76 of this 1999 Act is added to and
made a part of ORS chapter 153.
SECTION 76. Violation of agency rules. If a
statute provides that violation of the rules of an agency constitutes an
offense, as described in ORS 161.505, the agency may by rule specify that
violation of a specific rule of the agency is subject to a specific fine, or a
specific maximum fine, that is less in amount than the maximum fine for the
offense specified by the statute. In addition, the agency may specify that
violation of the specific rule is a Class A, B, C or D violation under the
provisions of section 4 of this 1999 Act as long as the class specified in the
rule is lower than the statutory classification for the offense.
VIOLATION OF ORDINANCES
SECTION 77. Section 78 of this 1999 Act is added to and
made a part of ORS chapter 153.
SECTION 78. Violation of ordinances. (1) If a
statute provides that violation of the ordinances of a political subdivision of
this state constitutes an offense, as described in ORS 161.505, the political
subdivision may by ordinance specify that violation of a specific ordinance of the
political subdivision is subject to a specific fine, or a specific maximum
fine, that is less in amount than the maximum fine for the offense specified by
the statute. In addition, the political subdivision may specify that violation
of the specific ordinance is a Class A, B, C or D violation under the
provisions of section 4 of this 1999 Act as long as the class specified in the
ordinance is lower than the statutory classification for the offense.
(2) Nothing in this section
requires a political subdivision to use the classifications established by
section 4 of this 1999 Act or to use the base fine amount calculated under
sections 34 to 39 of this 1999 Act for violations of ordinances adopted by the
political subdivision.
SECTION 78a.
ORS 203.065 is amended to read:
203.065. (1) Subject to
section 78 of this 1999 Act, violation of an ordinance adopted by a county
governing body under ORS 203.030 to 203.075 [shall be punishable, upon conviction, by a fine of not more than $500
for a noncontinuing offense and a fine of not more than $1,000 for a continuing
offense] is a Class A violation. By
ordinance, a county governing body may establish a specific fine violation as
described in section 5 of this 1999 Act that provides for a higher fine than
established under section 6 of this 1999 Act for Class A violations.
(2) The violator of a county ordinance may be prosecuted by the
county in the name of the county, or be made the defendant in a civil
proceeding by the county seeking redress of the violation.
(3) Every act or thing done, or anything existing within the
limits of a county, which is declared by an ordinance of the county adopted
under ORS 203.030 to 203.075 to be a nuisance, shall constitute a nuisance and
may be regarded as such in all actions, suits and proceedings, unless the
ordinance is declared void by a court of competent jurisdiction.
(4) Fines recovered under ORS 203.030 to 203.075 shall be paid
to the clerk of the court in which recovery is had. After first deducting court
costs in the proceedings, the clerk shall pay the remainder to the treasurer of
the county for the general fund of the county.
(5) Any peace officer, as defined by ORS 161.015, may enforce
an ordinance adopted under ORS 203.035.
TRAFFIC OFFENSES
SECTION 79.
ORS 153.530 is amended to read:
153.530. [A] The complaint and summons [or notice to appear on] in a citation issued for the charges
specified in this section[,] shall
specify the speed at which the defendant is alleged to have driven and the
speed designated for the district or location. This section applies to the
following charges:
(1) Violation of the basic speed rule.
(2) Violation of the federal maximum speed limit.
(3) Violation of the maximum speed for motor trucks and
passenger transport vehicles.
(4) Violation of the maximum speed limit for rural interstate
highways.
SECTION 80.
ORS 153.535 is amended to read:
153.535. [(1) An officer
issuing the citation shall cause:]
[(a) The summons to be
delivered to the person cited; and]
[(b) The complaint and
abstract of court record to be delivered to the court.]
[(2) When a warning has
been given a person by an officer at the time of an alleged violation of ORS
803.315, 811.520, 811.530, 815.025, 815.080 to 815.090, 815.115, 815.130,
815.185, 815.210 to 815.255, 815.265, 815.275, 815.285, 816.030 to 816.300,
816.330, 816.350, 816.360 or 820.360 to 820.380 and it is subsequently
determined that the person had no valid operator's license at the time of the
warning or had previously received two or more such warnings within the
preceding year, if a complaint is filed for the alleged violation or for
violation of ORS 807.010, 811.175 or 811.182, delivery of summons may be made
on the defendant personally or by mail addressed to the defendant's last-known
address.]
(1) Notwithstanding
section 16 of this 1999 Act and ORS 133.065, a summons may be delivered to a
defendant personally or by mail addressed to the defendant's last-known address
if:
(a) The summons is for an
alleged violation of ORS 803.315, 811.520, 811.530, 815.025, 815.080 to
815.090, 815.115, 815.130, 815.185, 815.210 to 815.255, 815.265, 815.275,
815.285, 816.030 to 816.300, 816.330, 816.350, 816.360 or 820.360 to 820.380;
(b) The enforcement officer
gave a warning for violation of the statute to the defendant based on the
officer's observation at the time the violation occurred; and
(c) After the issuance of
the warning, the enforcement officer determines that the defendant received two
or more warnings within the year immediately preceding the issuance of the
warning for violations of the statutes specified in paragraph (a) of this
subsection.
(2) Notwithstanding section
16 of this 1999 Act and ORS 133.065, a summons may be delivered to a defendant
personally or by mail addressed to the defendant's last-known address if:
(a) The summons is for an
alleged violation of ORS 807.010, 811.175 or 811.182;
(b) The enforcement officer
gave a warning for a traffic violation to the defendant; and
(c) After the issuance of
the warning, the enforcement officer determines that the defendant had no valid
operator license at the time of the warning.
(3) Proof of mailing summons
under this [subsection] section is sufficient proof of
delivery of summons for purposes of [ORS
153.560] section 16 of this 1999 Act
and ORS 133.065.
SECTION 81.
ORS 153.630 is amended to read:
153.630. (1) Costs and one-half of all fines [and forfeited bail] collected in traffic
offense cases by any court having jurisdiction of the traffic offense shall be
paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation payable to
the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the county in
which the offense occurred, as a monetary obligation payable to the county.
(c) If collected in a [city] municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer, as a monetary
obligation payable to the city.
(2) The other half of such fines [and bail] shall be paid as follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation payable to
the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation payable to
the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, including a city marshal or a member of the police of a city, municipal
or quasi-municipal corporation, to be credited and distributed under ORS
137.293 and 137.295 to the treasurer of the city, municipal or quasi-municipal
corporation by which such police officer is employed, as a monetary obligation
to that political subdivision of the state.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county weighmaster, to be
credited and distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation payable to that
county and to be credited to the general fund of that county.
(e) If resulting from prosecutions for parking in a winter
recreation parking location, to be credited and distributed under ORS 137.293
and 137.295, as a monetary obligation payable to the state.
(f) In other cases, to be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation to the same entity to which
payment is made of the half provided for in subsection (1) of this section.
(3) If provisions of subsection (2)(b) or (e) of this section
are applicable, and if the fine or penalty imposed is remitted, suspended or
stayed, or the offender against whom the fine or penalty was levied or imposed
serves time in jail in lieu of paying the fine or penalty or a part thereof,
the committing judge or magistrate shall certify the facts thereof in writing
to the State Court Administrator in the case of a circuit court or the
Department of Revenue in the case of a justice or municipal court not later than
the 10th day of the month next following the month in which the fine was
remitted or penalty suspended. If any part of the fine is thereafter paid, it
shall be remitted to the judge or magistrate who imposed the fine or penalty,
who shall distribute it as provided in subsections (1) and (2) of this section.
(4) Payment of fines[,] and costs [and forfeited bail] collected in a justice or [city] municipal court
under this section shall be made within the first 20 days of the month
following the month in which collected.
SECTION 82.
ORS 801.026 is amended to read:
801.026. (1) Persons, motor vehicles and equipment employed or
used by a public or telecommunications utility, electric cooperative or by the
United States, this state or any political subdivision of this state are exempt
from the provisions of the vehicle code specified in subsection (3) of this
section while on a highway and working or being used to service, construct,
maintain or repair the facilities of a utility.
(2) Persons, motor vehicles and equipment employed or being
used in the construction or reconstruction of a street or highway are exempt
from the provisions of the vehicle code specified in subsection (3) of this
section if:
(a) They are within the immediate construction project as described
in the governmental agency contract, if there is a contract; and
(b) The work is being done in an area that is signed in
accordance with the manual adopted under ORS 810.200.
(3) Persons, motor vehicles and equipment described in
subsections (1) and (2) of this section are exempt from provisions of the
vehicle code relating to rules of the road as described in ORS chapter 811,
except that this subsection does not apply to [major traffic offenses as defined in ORS 153.500 or to the provisions
of ORS 811.145, 811.155, 811.170 and 811.175.]:
(a) Reckless driving, as
defined in ORS 811.140.
(b) Driving while under the
influence of intoxicants, as defined in ORS 813.010.
(c) Failure to perform the
duties of a driver involved in an accident or collision, as described in ORS
811.700 or 811.705.
(d) Criminal driving while
suspended or revoked, as defined in ORS 811.182.
(e) Fleeing or attempting to
elude a police officer, as defined in ORS 811.540.
(f) The provisions of ORS
811.145, 811.155, 811.170 and 811.175.
(4) Motor vehicles and equipment being used in the area and in
the manner described in subsection (2) of this section are also exempt from the
provisions of the vehicle code relating to vehicle size and weight to the
extent set out in the governmental agency contract.
(5) Devices moved exclusively on stationary rail tracks are
exempt from the vehicle code.
(6) Devices that are powered exclusively by human power are not
subject to those provisions of the vehicle code that relate to vehicles. Notwithstanding
this subsection, bicycles are generally subject to the vehicle code as provided
under ORS 814.400.
(7) The exemptions in subsection (3) of this section do not
apply to the persons and vehicles when traveling to or from the facilities or
construction project.
SECTION 83.
ORS 801.550 is amended to read:
801.550. "Traffic [infraction] violation" means a traffic
offense [described in ORS 153.505 and
153.610] that is designated as a
traffic violation in the statute defining the offense, or any other offense
defined in the Oregon Vehicle Code that is punishable by a fine but that is not
punishable by a term of imprisonment. Penalties for traffic [infractions] violations are as
provided [in ORS 153.615 and 153.620] for violations generally in section 6 of
this 1999 Act.
SECTION 84.
ORS 801.555 is amended to read:
801.555. "Traffic offense" means any of the following
offenses:
(1) Any violation of a traffic ordinance of a city, municipal
or quasi-municipal corporation, except ordinances governing parking of
vehicles.
(2) Any provision of law for which a criminal or traffic [infraction] violation penalty is provided in the vehicle code.
(3) Any provision of law for which a criminal or traffic [infraction] violation penalty is provided in ORS chapter 825.
SECTION 85.
ORS 802.530 is amended to read:
802.530. The Department of Transportation is authorized to
enter into bilateral or multilateral reciprocal agreements with other
jurisdictions to provide mutual assistance in the disposition of traffic
offenses committed by residents of one jurisdiction while in another
jurisdiction. Agreements authorized by this section are subject to the
following:
(1) An agreement may provide for the sharing of information
between and among jurisdictions concerning driving records, vehicle
registration records and records concerning the granting, denial, revocation or
suspension of driving privileges.
(2) An agreement may provide that a jurisdiction will suspend
the driving privileges of a resident of the jurisdiction if the resident does
not comply with the requirements and responsibilities created by citation for
or conviction of a traffic offense in another jurisdiction.
(3) An agreement may provide that a jurisdiction will refuse to
issue or renew a driver license or permit or to issue a duplicate or
replacement license or permit for a resident of the jurisdiction if the
resident does not comply with the requirements and responsibilities created by
citation for or conviction of a traffic offense in another jurisdiction.
(4) An agreement may be limited to certain traffic offenses.
(5) An agreement may provide for the establishment of fees for
and collection of fees from persons cited for traffic offenses or convicted of
traffic offenses who are subject to the terms of the agreement. Any agency of
this state that participates in a program established by an agreement
authorized by this section is granted authority to establish fees for and
collect fees from persons subject to an agreement. Fees established for purposes
of this subsection must be established by rule. No fee established for purposes
of this subsection may exceed an amount necessary to recover the actual cost
incurred by participation in the program established by the agreement.
(6) An agreement may provide that residents of one jurisdiction
who are issued citations for traffic offenses in another jurisdiction will be
released on recognizance without requirement of security deposit or bail.
Nothing in this subsection authorizes an agreement that prohibits a court from
releasing on security release, as defined in ORS 135.230, a person charged with
a [major] traffic [offense as defined in ORS 153.500] crime.
(7) An agreement may provide that one jurisdiction will act as
agent for another jurisdiction in the disposition of traffic offenses committed
in the other jurisdiction. No provision described under this subsection may be
established that requires the participation of courts of this state unless the
Oregon Supreme Court establishes rules under ORS [1.520] 1.002 to provide
procedures for court participation.
(8) No agreement may be established under this section to
provide for assistance in dealing with:
(a) Offenses other than traffic offenses.
(b) Parking offenses.
(c) Bicycle offenses.
(d) Pedestrian offenses.
(9) Any agreement established under this section must provide
that this state may withdraw from the agreement upon notice of not more than 90
days.
(10) An agreement may include any other provision that the
department determines will assist in the disposition of traffic offenses
committed by residents of one jurisdiction while in another jurisdiction or
will increase the convenience for residents of this state in complying with
requirements and responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction.
(11) The department may adopt rules necessary to implement any
agreement established under this section.
(12) The department must submit a report on any agreement
proposed under this section to the presiding officers of each house of the
Oregon Legislative Assembly at least 30 days before the agreement may take
effect. An agreement described under this section cannot take effect in this
state unless the department complies with this subsection.
SECTION 86.
ORS 802.200 is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the following
provisions concerning records:
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this subsection shall
include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest holder need not
be identified if the debtor who granted the interest is in the business of
selling vehicles and the vehicles constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed even if ORS
803.015 requires that the title does not indicate that the vehicle is
reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014, the records
shall indicate that the vehicle is a totaled vehicle unless the reason for the
report was theft and the vehicle has been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the department shall retain
a record of any odometer readings shown on the title or registration documents
submitted to the department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles required to be
registered by the department. The records concerning the registration of
vehicles may be stored along with records concerning the titling of vehicles.
The records under this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under the provisions
of ORS 819.012 or 819.014, unless the reason for the report was theft and the
vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this subsection shall
include the following information about persons issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records required under this
subsection shall disclose the last registered owner of each vehicle, any
security interest holder or holders and lessors of each vehicle as shown by the
canceled title record for each vehicle and the make and year model for each
vehicle.
(6) The department shall maintain records on each manufactured
structure. The records required under this subsection shall contain all of the
following:
(a) The permanent registration plate number required under ORS
803.520.
(b) All transfers of ownership occurring after January 1, 1972.
(c) All movements indicated by trip permits filed with the
department.
(d) Information on manufactured structures subject to an
exemption under ORS 820.510 that the department determines necessary.
(7) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(8) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for Emergency Cash
Advances described under ORS 802.100.
(9) The department shall maintain suitable records of driver
licenses and driver permits. The records required under this subsection shall
include all of the following:
(a) An index by name and number.
(b) Supporting documentation of all licenses or driver permits
issued.
(c) Every application for a driver license or driver permit.
(d) All licenses or driver permits that have been suspended or
revoked.
(e) For each commercial driver license, the social security
number of the person to whom the license is issued, or any other number or
identifying information that the Secretary of the United States Department of
Transportation determines appropriate to identify the person.
(10) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment driving record
for each person as required under this subsection. All of the following apply
to the records required under this subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving privileges under
ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or 806.240.
(b) The employment driving record shall include all motor
vehicle accidents in which the person is involved, all suspensions of driving
privileges required to be placed on the record under ORS 809.280, all
suspensions of the person's commercial driver license that result from
operation or use of a commercial motor vehicle and all convictions of the
person for violation of motor vehicle laws except convictions for offenses
requiring mandatory revocation or suspension of driving privileges under ORS
809.410 and 813.400, but shall include only such accidents, suspensions and
convictions that occur while the person is driving a motor vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government owned or marked
for the collection, transportation or delivery of mail in accordance with
government rules;
(D) That is an authorized emergency vehicle; or
(E) That is a commercial motor vehicle.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents;
(B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including, for each
violation of ORS 811.100, 811.110, 811.112 or 811.115, the speed at which the
person was convicted of traveling and the posted or designated speed; and
(D) Diversion agreements entered into under ORS 813.220 within
the preceding 10 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement programs or
other matters concerning the status of the driving privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license or permit issued by this state, the department shall request a
copy of the person's driving record from the other jurisdiction. At the time
the person is issued a license in Oregon, the record from the other
jurisdiction shall become part of the driver's record in this state with the
same force and effect as though entered on the driver's record in this state in
the original instance. The department by rule may specify methods for
converting entries from out-of-state records for use in Oregon.
(f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS 809.280 for
failure to appear in court on a [major]
traffic [offense] crime, the department shall note on the record that the suspension
was for failure to appear in court and shall also note the offense charged
against the person on which the person failed to appear.
(g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting suspensions and
revocations of driving privileges on the record in such a way that police
agencies can determine directly from the record what class of offense, as
provided by law, is committed by a person who drives in violation of the
suspension or revocation. If the department and the Department of State Police
devise a mutually agreeable alternative method of informing police agencies of
the nature of a suspension or revocation and the consequences of its violation,
the implementation of that method shall satisfy the duty of the department
under this paragraph.
(11) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS 153.625.
(12) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
(13) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
(14) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under this subsection.
The records required by this subsection shall include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
SECTION 87.
ORS 807.070 is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license and
indorsement. The examination for each class of license or indorsement shall
include all of the following as described:
(1) A test of the applicant's eyesight.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and factors that cause
accidents. The following all apply to the test under this subsection:
(a) The test shall not cover any subject that is not presented
in the publications of the department intended for the instruction of
applicants for licenses and driver permits.
(b) The test for each class of license and indorsement shall
include, but is not limited to, a test of knowledge and understanding of
traffic laws that relate specifically to the type of driving privileges granted
under the specific class of license or indorsement sought.
(c) The test under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of blind pedestrians.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
(3) An actual demonstration of the applicant's ability to
operate a motor vehicle without endangering the safety of persons or property.
The following apply to this subsection:
(a) The department, by rule, may waive the actual demonstration
under this subsection for an applicant for a commercial driver license or a
Class C license if the applicant holds a valid out-of-state license or applies
for an Oregon license within one year of the expiration of a valid out-of-state
license. A demonstration may be waived under this paragraph only if the person
has applied for the same driving privileges as those granted under the person's
out-of-state license or for privileges granted by a lower class of license.
(b) The department may waive the actual demonstration for any
applicant for a commercial driver license who submits to the department a
certificate of competency, issued under ORS 807.080 for the class of license
sought or under other circumstances, established by the department by rule,
where the applicant establishes the applicant's ability to drive without an
actual demonstration.
(c) The department may issue a Class A farm indorsement without
requiring additional tests to a person who has a Class C or Class 4 driver
license or a valid driver license issued prior to October 1, 1986, if a farm
employer or a self-employed farmer certifies to the department that the person
is experienced in driving a vehicle that may be driven only by persons who have
a Class A commercial driver license and the person's two-part driving record
does not show either [a conviction for a
major traffic offense within five years of the date of application for the
indorsement or] a traffic accident within two years of the date of
application for the indorsement[.] or a conviction for one of the following
traffic crimes within five years of the date of application for the
indorsement:
(A) Reckless driving, as
defined in ORS 811.140.
(B) Driving while under the
influence of intoxicants, as defined in ORS 813.010.
(C) Failure to perform the
duties of a driver involved in an accident or collision, as described in ORS
811.700 or 811.705.
(D) Criminal driving while
suspended or revoked, as defined in ORS 811.182.
(E) Fleeing or attempting to
elude a police officer, as defined in ORS 811.540.
(d) The department may issue a Class B farm indorsement without
requiring additional tests to a person who has a Class C or Class 4 driver
license or a valid driver license issued prior to October 1, 1986, if a farm
employer or a self-employed farmer certifies to the department that the person
is experienced in driving a vehicle that may be driven only by persons who have
a Class B commercial driver license and the person's two-part driving record
does not show either a conviction for a [major]
traffic [offense] crime specified in paragraph (c) of this subsection within five
years of the date of application for the indorsement or a traffic accident
within two years of the date of application for the indorsement.
(e) The department by rule may establish other circumstances
under which a farm indorsement may be issued without an actual demonstration.
The authority granted by this paragraph includes, but is not necessarily
limited to, authority to adopt rules specifying circumstances under which the
indorsement may be granted to a person despite the appearance of traffic
accidents on the person's record.
(f) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of license sought,
but that may not be operated under lower classes of license.
(g) An actual demonstration for a passenger indorsement shall
be performed in a vehicle that is designed to transport 16 or more persons,
including the driver.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the department in
establishing whether the applicant is eligible for a license under ORS 807.060
or whether the applicant is fit to operate a motor vehicle safely on the
highways of this state. In any examination or test under this subsection, the
department shall only conduct an investigation for facts relating directly to
the ability of the applicant to operate a motor vehicle safely or other facts
that are specifically required to show the fitness of the applicant for
license.
SECTION 88.
ORS 809.260 is amended to read:
809.260. (1) Whenever a person who is 17 years of age or
younger, but not younger than 13 years of age, is convicted of any offense
described in this subsection or determined by a juvenile court to have
committed one of the described offenses, the court in which the person is
convicted shall prepare and send to the Department of Transportation, within 24
hours of the conviction or determination, an order of denial of driving
privileges for the person so convicted. This section applies to ORS 166.370 and
to any [crime, violation, infraction or
other] offense involving the delivery, manufacture or possession of
controlled substances or the possession, use or abuse of alcohol.
(2) If a court has issued an order of denial of driving
privileges under this section, the court, upon petition of the person, may
review the order and may withdraw the order at any time the court deems
appropriate except as provided in the following:
(a) A court may not withdraw an order for a period of 90 days
following the issuance of the order if it is the first such order issued with
respect to the person.
(b) A court may not withdraw an order for a period of one year
following the issuance of the order if it is the second or subsequent such
order issued with respect to the person.
(c) Notwithstanding paragraph (a) of this subsection, a court
may not withdraw an order for a period of six months if the order is based on a
determination or conviction involving controlled substances.
(3) Upon receipt of an order under this section, the department shall take action as
directed under ORS 809.280.
SECTION 89.
ORS 810.410 is amended to read:
810.410. (1) A police officer may arrest or issue a citation to
a person for a traffic crime at any place within or outside the jurisdictional
authority of the governmental unit by which the police officer is authorized to
act as provided by ORS 133.235 and 133.310.
(2) A police officer may issue a citation to a person for a
traffic [infraction] violation at any place within or
outside the jurisdictional authority of the governmental unit by which the
police officer is authorized to act:
(a) When the traffic [infraction] violation is committed in the police
officer's presence; or
(b) When the police officer has probable cause to believe an
offense has occurred based on a description of the vehicle or other information
received from a police officer who observed the traffic [infraction] violation.
(3) A police officer:
(a) Shall not arrest a person for a traffic [infraction] violation.
(b) May stop and detain a person for a traffic [infraction] violation for the purposes of investigation reasonably related to
the traffic [infraction] violation, identification and issuance
of citation.
(c) May make an inquiry into circumstances arising during the
course of a detention and investigation under paragraph (b) of this subsection
that give rise to a reasonable suspicion of criminal activity.
(d) May make an inquiry to ensure the safety of the officer,
the person stopped or other persons present, including an inquiry regarding the
presence of weapons.
(e) May request consent to search in relation to the
circumstances referred to in paragraph (c) of this subsection or to search for
items of evidence otherwise subject to search or seizure under ORS 133.535.
(f) May use the degree of force reasonably necessary to make
the stop and ensure the safety of the peace officer, the person stopped or
other persons present.
(g) May make an arrest of a person as authorized by ORS 133.310
(2) if the person is stopped and detained pursuant to the authority of this
section.
(4) When a police officer at the scene of a traffic accident
has reasonable grounds, based upon the police officer's personal investigation,
to believe that a person involved in the accident has committed a traffic
offense in connection with the accident, the police officer may issue to the
person a citation for that offense. The authority under this subsection is in
addition to any other authority to issue a citation for a traffic offense.
SECTION 89a.
ORS 810.425 is amended to read:
810.425. (1) In all prosecutions of the owner of a vehicle for
violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585
(1)(b), or an applicable ordinance, it shall be sufficient for a police officer
to charge the defendant by an unsworn written notice if the notice clearly
states:
(a) The date, place and nature of the charge.
(b) The time and place for defendant's appearance in court.
(c) The name of the issuing officer.
(d) The license number of the vehicle.
(2) The notice provided for in subsection (1) of this section
shall either be delivered to the defendant or placed in a conspicuous place
upon the vehicle involved in the violation. A duplicate original of the notice
shall serve as the complaint in the case when it is filed with the court. In
all other respects the procedure otherwise provided by law in such cases shall
be followed. Notwithstanding [ORS 810.410] section 9 of this 1999 Act, the
issuing officer need not have observed the act of parking, but need only have
observed that the vehicle appeared to be parked in violation of ORS 811.555
(1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), or an applicable
ordinance.
(3) A circuit court and a justice court have concurrent
jurisdiction over parking offenses committed within the county.
(4) This section does not apply to prosecutions under city
ordinances but ORS 221.340 shall apply to such prosecutions.
SECTION 90.
ORS 811.175 is amended to read:
811.175. (1) A person commits the offense of [infraction] violation driving while suspended or revoked if the person does
any of the following:
(a) Drives a motor vehicle upon a highway during a period when
the person's driving privileges or right to apply for driving privileges have
been suspended or revoked in this state by a court or by the Department of
Transportation.
(b) Drives a motor vehicle outside the limitations of a
probationary permit issued under ORS 807.270 or a hardship driver permit issued
under ORS 807.240, including any limitations placed on the permit under ORS
813.510.
(c) Drives a commercial motor vehicle upon a highway during a
period when the person's commercial driver license has been suspended,
regardless of whether or not the person has other driving privileges granted by
this state.
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The offense described in this section is applicable upon
any premises open to the public.
(4) The offense described in this section, [infraction] violation driving while suspended or revoked, is a Class A traffic
[infraction] violation except as otherwise provided in ORS 811.182.
SECTION 91.
ORS 813.520 is amended to read:
813.520. In addition to any provisions of ORS 807.240 and
813.510 or 807.250, this section establishes limitations on the authority of
the Department of Transportation to issue driving privileges under ORS 807.240.
The department may not reinstate any driving privileges or issue any hardship
permit under ORS 807.240 as provided under any of the following:
(1) For a period of 90 days after the beginning of the
suspension if the suspension is for refusal of a test under ORS 813.100 and the
person is not subject to an increase in the time before a permit may be issued
for reasons described in ORS 813.430. This period of 90 days shall be reduced
by the time the department refused to issue a hardship permit under subsection
(5) or (6) of this section if the person's driving privileges were suspended
based on the same occurrence.
(2) For a period of 30 days after the beginning of the
suspension if the suspension is because a breath or blood test under ORS
813.100 disclosed that the person had a level of alcohol in the person's blood
that constituted being under the influence of intoxicating liquor under ORS
813.300 and the person is not subject to an increase in the time before a hardship
permit may be issued for reasons described in ORS 813.430. This period of 30
days shall be reduced by the time the department refused to issue a hardship
permit under subsection (5) or (6) of this section if the person's driving
privileges were suspended based on the same occurrence.
(3) For a period of one year after the beginning of the
suspension if the suspension is because a breath or blood test under ORS
813.100 disclosed that the person had a level of alcohol in the person's blood
that constituted being under the influence of intoxicating liquor under ORS
813.300 and the person is subject to an increase in the time before a hardship
permit may be issued for reasons described under ORS 813.430. This period of
one year shall be reduced by the time the department refused to issue a
hardship permit under subsection (5) or (6) of this section if the person's
driving privileges were suspended based on the same occurrence.
(4) For a period of one year after the beginning of the
suspension if the suspension is for refusal of a test under ORS 813.100 and the
person is subject to an increase in the time before a hardship permit may be
issued for reasons described in ORS 813.430. This period of one year shall be
reduced by the time the department refused to issue a hardship permit under
subsection (5) or (6) of this section if the person's driving privileges were
suspended based on the same occurrence.
(5) For a period of 90 days after the beginning of the
suspension under ORS 813.400 if it is the person's second conviction for
driving while under the influence of intoxicants if the suspension period is
determined by ORS 809.420 (2)(b). This period of 90 days shall be reduced by
the time the department refused to issue a hardship permit under subsection
(1), (2), (3) or (4) of this section if the person's driving privileges were
suspended based on the same occurrence.
(6) For a period of one year after the beginning of the
suspension under ORS 813.400 for driving while under the influence of
intoxicants if the suspension period is determined by ORS 809.420 (2)(c). This
period of one year shall be reduced by the time the department refused to issue
a hardship permit under subsection (1), (2), (3) or (4) of this section if the
person's driving privileges were suspended based on the same occurrence.
(7) To any person who has a mental or physical condition
rendering it unsafe for the person to drive a motor vehicle.
(8) If the suspension is based upon a conviction for a
violation of ORS 813.010 or is imposed under ORS 813.410 based upon ORS 813.100
to a person who has available public or private transportation sufficient to
fulfill the person's transportation needs while the person is suspended.
(9) For a period of 30 days following imposition of suspension,
if the person, within the previous year, has been convicted of a [major] traffic [offense as defined in ORS 153.500] crime and the suspension is based upon a conviction for violation
of ORS 813.010 or is imposed under ORS 813.410 based upon ORS 813.100.
SECTION 92.
ORS 815.233 is amended to read:
815.233. A person otherwise convicted of [an infraction] a violation
under ORS 815.232 (4) commits a misdemeanor if:
(1) The person has been convicted of three or more violations
of ORS 815.232 (1) within 12 months immediately preceding the commission of the
offense; and
(2) The prior convictions are admitted by the defendant or
alleged in the accusatory pleading.
BOATING VIOLATIONS
SECTION 93.
ORS 830.005 is amended to read:
830.005. As used in this chapter, unless the context requires
otherwise:
(1) "Board" means the State Marine Board.
(2) "Boat" means every description of watercraft,
including a seaplane on the water and not in flight, used or capable of being
used as a means of transportation on the water, but does not include
boathouses, floating homes, air mattresses, beach and water toys or single
inner tubes.
(3) "Boating
offense" means violation of any provision of law that is made a crime or
violation under the provisions of this chapter.
[(3)] (4) "In flight" means from
the moment a seaplane starts its takeoff run until the end of a normal
power-off landing run.
[(4)] (5) "Length" means the
length of a boat measured from end to end over the deck excluding sheer.
[(5)] (6) "Motorboat" means any
boat propelled in whole or in part by machinery, including boats temporarily
equipped with detachable motors.
[(6)] (7) "Operate" means to
navigate or otherwise use a boat.
[(7)] (8) "Operator of a boat
livery" means any person who is engaged wholly or in part in the business
of chartering or renting boats to other persons.
[(8)] (9) "Passenger" means every
person on board a boat who is not the master, operator, crew member or other
person engaged in any capacity in the business of the boat.
(10) "Peace officer"
includes a member of the Oregon State Police, a sheriff or deputy sheriff and a
city police officer.
[(9)] (11) "Waters of this state"
means all waters within the territorial limits of this state, the marginal sea
adjacent to this state and the high seas when navigated as part of a journey or
ride to or from the shore of this state.
[(10)] (12) "State waters" means
those waters entirely within the confines of this state which have not been
declared navigable waters of the United States.
[(11)] (13) "Navigable waters of the
United States" means those waters of the United States, including the
territorial seas adjacent thereto, the general character of which is navigable,
and which, either by themselves or by uniting with other waters, form a
continuous waterway on which boats or vessels may navigate or travel between
two or more states, or to and from foreign nations.
SECTION 94.
ORS 830.815 is amended to read:
830.815. (1) The State Marine Board may refuse to issue a
certificate of title or a certificate of number or registration if the board
determines at any time that an applicant for the certificate has:
(a) Given a false statement or false information in applying
for the certificate;
(b) Otherwise failed to comply with the applicable provisions
under ORS 830.060 to 830.145 and 830.700 to 830.870 pertaining to application
for certificates; or
(c) Been convicted of operating a boat while under the
influence of an intoxicating liquor or controlled substance within one year of
the date of application or within three years of the date of application if the
record of conviction shows that the person willfully refused the request of a
peace officer to submit to chemical testing of the breath or a field sobriety
test pursuant to ORS 830.505 and 830.550.
(2) After a hearing upon 10 days' notice, the board may cancel
a certificate of title or certificate of number or registration if the board
determines at any time that an owner, boat manufacturer or dealer named in the
certificate:
(a) Gave a false statement or false information in applying for
the certificate; or
(b) Otherwise failed to comply with the applicable provisions
under ORS 830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730, 830.770,
830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870 pertaining to
applications for certificates.
(3) The board shall automatically suspend the certificate of
number for any boat if the board receives notification of a conviction for
violation of ORS 830.260 under ORS 830.270. The suspension under this
subsection is not subject to hearing. The board shall reinstate a certificate
of number suspended under this subsection when the boat owner submits proof
satisfactory to the board that the boat has been approved by a person
designated by the board as meeting the standards for sound levels established
by the board.
(4) If the board receives notification from any court in this
state that any person who is charged with a boating offense [or infraction] and who is the registered
owner of the boat has failed to appear as required by law or has failed to
comply with the judgment of the sentencing court, the board shall take the
following actions:
(a) Notify, by certified mail, the registered owner of the boat
involved in the offense [or infraction]
of the owner's failure to appear or comply with the judgment of the court. The
notification shall include a copy of the citation issued to the owner and will
inform the owner that the board will suspend the certificate of number for the
boat 45 days from the date of the mailing of the notice by the board. The
notice shall include a statement that a hearing may be requested in writing
within 10 days of the notice. Any hearing requested under this subsection shall
be limited to the issue of whether the person is the person who failed to
appear or comply with the judgment of the sentencing court.
(b) The board shall suspend the certificate of number for the
boat involved 45 days after mailing notice of intent to suspend to the owner of
the boat unless a hearing has been requested or, within the 45-day notice
period, the board receives notice from the court that the owner has appeared in
court and is in compliance with any court order entered in the proceeding.
Notice from the court may consist of a copy of any receipt or other document
issued by the court indicating that the person has appeared and is in
compliance with any court order.
(c) Upon suspending any certificate of number under this
subsection, the board may charge the owner a reinstatement fee sufficient to cover
the actual expenses of the board in processing the transactions described in
this section. The board shall reinstate any certificate of number suspended
under this subsection upon receiving payment of any reinstatement fee and
notice from the court that the owner has appeared and fully satisfied the
judgment of the court.
(5) Conviction of operating a boat while under the influence of
an intoxicating liquor or controlled substance under ORS 830.325 constitutes
grounds for suspension of a person's certificate of number or registration for
all boats owned by the person. The following provisions apply to such
suspension:
(a) Upon receipt of a record of conviction for a violation of
ORS 830.325, the board shall notify the convicted person that all certificates
of number or registration issued in the person's name are suspended. The notice
shall include a statement that a hearing may be requested in writing within 10
days of the notice. Any hearing requested under this subsection shall be
limited to the issue of whether the person is the person convicted.
(b) The suspension shall be for three years from the date of
conviction if the record of conviction shows that the person willfully refused
the request of a peace officer to submit to chemical testing of the breath or a
field sobriety test under ORS 830.505 and 830.550. Otherwise the period of
suspension shall be for one year from the date of conviction.
SECTION 95.
ORS 830.990 is amended to read:
830.990. (1) A person who violates one of the following provisions
of this chapter, or any rule adopted by
the State Marine Board pursuant to those provisions, commits a Class [B boating infraction] B violation: ORS 830.050, 830.110,
830.175, 830.180, 830.185, 830.195, 830.210, 830.215, 830.220, 830.225,
830.230, 830.235, 830.240, 830.245, 830.250, 830.260, 830.300, 830.315 (2) and
(3), 830.335, 830.340, 830.345, 830.350, 830.355, 830.360, 830.365, 830.370, 830.375,
830.410, 830.415, 830.420, 830.475 (4), 830.480, 830.495, 830.710, 830.720,
830.770, 830.775, 830.780, 830.785, 830.795, 830.805, 830.810, 830.825,
830.830, 830.850, 830.855 and 830.905.
(2) A person who violates one of the following provisions of
this chapter commits a Class A [infraction] violation: ORS 830.305 and 830.390 and
rules adopted thereunder.
(3) A person who violates the following provision of this
chapter commits a Class B misdemeanor: ORS 830.383.
(4) A person who violates one of the following provisions of
this chapter commits a Class A misdemeanor: ORS 830.035 (2), 830.315 (1),
830.325, 830.475 (1), 830.730 and 830.955 (1).
(5) A person who violates ORS 830.475 (2) commits a Class C
felony.
SECTION 96.
ORS 830.997 is amended to read:
830.997. (1) Failure to comply with ORS 830.435, 830.440 or
830.460 (1) is a Class B misdemeanor.
(2) Failure to comply with ORS 830.450 is a Class A [boating infraction] violation.
(3) Failure to comply with ORS 830.460 (2) is a Class A
misdemeanor.
(4) Failure to comply with ORS 830.460 (3) is a Class A
misdemeanor.
SECTION 96a. Section 96b of this 1999 Act is added to
and made a part of ORS chapter 153.
SECTION 96b. (1) In any proceeding for a violation under
ORS 830.990 or 830.997, the court may conditionally suspend all or part of any
fine or penalty to be imposed on the defendant if the defendant appears
personally and agrees to complete at the defendant's own expense a Safe Boating
Education Course approved by the State Marine Board under ORS 830.110 (18),
within time limits imposed by the court.
(2) In any proceeding for a
violation under ORS 830.990 or 830.997, the court shall notify the State Marine
Board if the defendant fails to appear at any time as required by law or the
court, or fails to comply with any order of the court.
SECTION 97. ORS 830.010 and 830.995 are repealed.
PARK AND RECREATION VIOLATIONS
SECTION 98.
ORS 390.050 is amended to read:
390.050. [(1) The park
and recreation infractions that are established by this chapter are infractions
that are subject to ORS 8.665, 153.110 to 153.310 and 153.990. Except as
otherwise specifically provided in this chapter any offense that is designated
as a park and recreation infraction is subject to citation and enforcement as
provided under ORS 8.665, 153.110 to 153.310 and 153.990.]
[(2) In addition to any
other persons permitted to enforce infractions under ORS 8.665, 153.110 to
153.310 and 153.990, the State Parks and Recreation Department and any employee
of the State Parks and Recreation Department specifically designated by the State
Parks and Recreation Director have jurisdiction of and may enforce park and
recreation infractions established under this chapter in the manner provided
under ORS 8.665, 153.110 to 153.310 and 153.990 for the enforcement of
infractions.]
(1) In addition to any
other persons permitted to enforce violations, the State Parks and Recreation
Department and any employee of the State Parks and Recreation Department
specifically designated by the State Parks and Recreation Director may issue
citations for park and recreation violations established under this chapter in
the manner provided by ORS chapter 153.
[(3)] (2) All fines and court costs
recovered from [violations of] park
and recreation [infractions] violations shall be paid to the clerk
of the court involved. Such moneys shall be credited and distributed under ORS
137.290 and 137.295 as monetary obligations payable to the state.
SECTION 99.
ORS 390.851 is amended to read:
390.851. (1) Unless the person has an appropriate pass issued
under ORS 390.848, no person shall launch, operate or ride in any boat or
engage in any camping, fishing or other activity in connection with being
transported by a boat on those portions of the Deschutes River designated as
scenic waterways under ORS 390.826.
(2) This section does not apply to:
(a) Peace officers, members or employees of a governmental body
or their agents while engaged in the discharge of official duties; or
(b) Any member of the Confederated Tribes of the Warm Springs
Indian Reservation.
(3) A person who violates this section commits a Class [B parks and recreation infraction] C violation.
SECTION 100.
ORS 390.990 is amended to read:
390.990. (1) Subject to
section 76 of this 1999 Act, any person, firm or corporation violating any
of the laws or rules described in this subsection commits a Class A [park and recreation infraction] violation. This subsection applies to
a violation of the following:
(a) ORS 390.668.
(b) Any rule adopted under ORS 390.124.
(c) Any rule adopted under ORS 390.340.
(2) Subject to section
76 of this 1999 Act, violation of any provision of ORS 390.640 or 390.705,
or any rule adopted under such statutes, is punishable, upon conviction, by a
fine not exceeding $500 or imprisonment in the county jail for not more than
six months, or both.
(3) Each day a violation of ORS 390.640 or 390.705 continues
shall be considered a separate offense.
(4) Subject to section
76 of this 1999 Act, any person who violates a rule adopted under ORS
390.950 to 390.989 is guilty of a misdemeanor, and may be punished by a fine of
not more than $500, or by imprisonment not exceeding six months, or both.
(5) Subject to section
76 of this 1999 Act, violation of any rule adopted under ORS 390.845 is a
Class A [park and recreation infraction] violation.
(6) Notwithstanding any
other provision of this section, violation of any rule adopted under this
chapter for the regulation of vehicle speed in parks, including violations of
rules relating to driving vehicles at a speed greater than a posted speed limit
or greater than is reasonable and prudent, are subject to the same penalties as
provided in ORS 811.109 for violation of a specific speed limit imposed under
law or violation of a posted speed limit.
FIRE PREVENTION VIOLATIONS
SECTION 101.
ORS 477.980 is amended to read:
477.980. [(1)
Notwithstanding ORS 153.310, for the purpose of enforcing violations prescribed
in ORS 477.993, fire prevention infractions are classified for the purpose of
sentence into the following categories:]
[(a) Class A infractions;]
[(b) Class B infractions;
and]
[(c) Class C infractions.]
[(2) A sentence to pay a
fine for a fire prevention infraction shall be a sentence to pay an amount not
exceeding:]
[(a) $500 for a Class A
infraction.]
[(b) $100 for a Class B
infraction.]
[(c) $50 for a Class C
infraction.]
[(3)] The State Board
of Forestry, by rule, shall establish the enforcement policy for violations
prescribed in ORS 477.993. In determining the enforcement policy, the board may
consider the following factors:
[(a)] (1) Prior violation of the same or
similar statutes, rules or orders.
[(b)] (2) The gravity and magnitude of the
violation.
[(c)] (3) Whether the violations were
repeated or continuous.
[(d)] (4) Whether the cause of the violation
was an unavoidable accident or a willful, malicious or negligent act.
[(e)] (5) Whether the violation directly
threatened human life or caused property damage of $10,000 or more.
SECTION 102.
ORS 477.985 is amended to read:
477.985. [(1) The fire
prevention infractions provided in ORS 477.993 are infractions that are subject
to ORS 8.665, 153.110 to 153.310 and 153.990. Except as otherwise specifically
provided in this chapter any offense that is designated as a fire prevention
infraction is subject to citation and enforcement as provided under ORS 8.665,
153.110 to 153.310 and 153.990.]
[(2) In addition to any
other persons permitted to enforce infractions under ORS 8.665, 153.110 to
153.310 and 153.990, the State Forestry Department and the State Forester have
jurisdiction of and may enforce any fire prevention infraction established
under ORS 477.993 in the manner provided under ORS 8.665, 153.110 to 153.310
and 153.990 for the enforcement of infractions.]
(1) In addition to any
other persons permitted to enforce violations, the State Forestry Department
and the State Forester, or any employee specifically designated by the
department or by the State Forester, may issue citations for violations
established under ORS 477.993 in the manner provided by ORS chapter 153.
[(3)] (2) All fines and court costs
recovered from violations [of fire
prevention infractions] established
under ORS 477.993 shall be paid to the clerk of the court involved. Such
moneys shall be credited and distributed under ORS 137.290 and 137.295 as
monetary obligations payable to the state.
SECTION 103.
ORS 477.993 is amended to read:
477.993. (1) Violation of any of the provisions of ORS 477.510,
477.515, 477.535 to 477.550, 477.565, 477.615, 477.625, 477.635 to 477.670,
477.695, 477.710, 477.720 or 477.740, or any rule or order adopted pursuant
thereto, is a [fire prevention infraction] violation punishable as follows:
(a) For the first offense, as a Class [C infraction] D violation.
(b) For the second offense, as a Class [B infraction] C violation.
(c) For the third offense, as a Class A [infraction] violation.
(2) Multiple violations of any single requirement of this
chapter, or of any rule or order adopted pursuant thereto, in an operation area
shall be considered a single [infraction] violation. However, each day [an infraction] a violation continues shall be considered a separate violation.
(3) Notwithstanding subsection (1) of this section, violations
of any of the statutes listed in subsection (1) of this section which
proximately cause human injury, loss of human life or property damage of
$10,000 or more, and unauthorized entry into a fire scene secured under the
authority of ORS 477.365 (1)(f), may be punishable as a Class A misdemeanor.
(4) Violations and punishments set forth in this section and
ORS 477.740 are in addition to and not in lieu of the provisions of ORS 164.305
to 164.335.
WILDLIFE AND COMMERCIAL
FISHING VIOLATIONS
SECTION 104.
ORS 496.630 is amended to read:
496.630. (1) Upon information or complaint of the commission[,]
or any person authorized to enforce the wildlife laws [or any private person as provided in ORS 153.710], district
attorneys shall prosecute every criminal case in which it appears that there
has been a violation of the wildlife laws or any rule promulgated pursuant
thereto.
(2) Unless otherwise specifically provided, justice courts have
concurrent jurisdiction in the first instance with the circuit court of all
wildlife law offenses.
SECTION 105.
ORS 496.951 is amended to read:
496.951. (1) The [bail] base fine amount for a violation of
wildlife laws or rules as described in ORS 496.992 (2)[, which amount shall be placed on a citation issued by a law
enforcement official,] that is
required in violation proceedings under ORS chapter 153 shall be as
follows:
(a) Violations that do not involve the taking of wildlife,
except for violations of the nonresident licensing provisions of ORS 497.102
and 497.121 and the provisions of ORS 496.994, $75.
(b) Violations that involve the taking of nongame mammals or
game birds, and size or quantity limits for fish and shellfish, except salmon,
steelhead trout and sturgeon, $150.
(c) Violations that involve the taking of salmon, steelhead
trout, sturgeon, wildlife not otherwise provided for and all other wildlife
offenses, $299.
(2) The [bail] base fine amount established under
subsection (1) of this section includes the unitary assessment required under
ORS 137.290 and the county assessment required under ORS 137.309.
(3) [Neither the Supreme
Court nor any other court shall] A
court may not establish a [bail] base fine amount for a violation of an
offense described in subsection (1) of this section other than the amount
listed in this section.
SECTION 106.
ORS 496.992 is amended to read:
496.992. (1) Except as otherwise provided by section 76 of this 1999 Act and other
law, violation of any provision of the wildlife laws, or any rule promulgated
pursuant thereto, is a Class A misdemeanor when the offense is committed with a
culpable mental state as defined in ORS 161.085. If the defendant is sentenced
to pay a fine, failure to pay the fine, or any portion thereof, shall be
treated as provided in ORS 161.685.
(2) Except as otherwise provided by section 76 of this 1999 Act and other law, violation of any
provision of the wildlife laws[,] or
any rule promulgated pursuant thereto is punishable as a Class A violation in the manner prescribed in ORS [161.635 or 161.655] chapter 153 when the offense is committed with no culpable mental
state as defined in ORS 161.085.
(3) The second and each subsequent conviction within a 10-year
period for the taking of game fish with a total value of $200 or more or the
taking of antelope, black bear, cougar, deer, elk, moose, mountain goat or
mountain sheep in violation of the wildlife laws or any rule promulgated
pursuant thereto which occurs more than one hour prior to or more than one hour
subsequent to a season established for the lawful taking of such game mammals
or game fish is a Class C felony when the offense is committed with a culpable
mental state as defined in ORS 161.085.
FOREST MANAGEMENT VIOLATIONS
SECTION 107.
ORS 530.900 is amended to read:
530.900. [(1) Forest
management infractions are infractions that are subject to ORS 8.665, 153.110
to 153.310 and 153.990. Except as otherwise specifically provided in this
chapter, any offense that is designated as a forest management infraction is
subject to citation and enforcement as provided under ORS 8.665, 153.110 to
153.310 and 153.990 for the enforcement of infractions.]
[(2)] All fines and
court costs recovered from violations [of
forest management infractions]
established under ORS 530.990 shall be paid to the clerk of the court
involved. Such moneys shall be credited and distributed under ORS 137.290 and
137.295 as monetary obligations payable to the state.
SECTION 108. ORS
530.990 is amended to read:
530.990. (1) Except for violations arising from activities
under contract with the State Board of Forestry or the State Forestry
Department, and subject to section 76 of
this 1999 Act, violation of any rule or order adopted pursuant to ORS
530.050 is a [forest management
infraction punishable as a] Class A [infraction] violation.
(2) Multiple violations of any rule or order adopted pursuant
to ORS 530.050 shall be considered a single [infraction] violation.
However, each day [an infraction] a violation continues shall be
considered a separate violation.
(3) Violations and punishments set forth in [subsections (1) to (3) of] this section
are in addition to and not in lieu of the provisions of ORS 164.305 to 164.335.
[(4) Notwithstanding ORS
153.310, for the purpose of enforcing violations of rules or orders adopted
pursuant to ORS 530.050, forest management infractions are classified for the
purpose of sentence as Class A infractions.]
[(5) A sentence to pay a
fine for a forest management infraction shall be a sentence to pay an amount
not exceeding $700 for a Class A infraction.]
WEIGHTS AND MEASURES
SECTION 109.
ORS 618.406 is amended to read:
618.406. (1) In [the
enforcement of the licensing laws of this chapter] enforcing violations subject to penalty under ORS 618.991, the
Director of Agriculture has authority to issue and serve citations to any
person violating such laws.
(2) The director may delegate the powers referred to in
subsection (1) of this section to the deputy state sealer and to inspectors. The deputy state sealer and inspectors with
authority to serve citations under this section shall issue those citations in
the manner provided by ORS chapter 153.
(3) Upon issuance of a
citation for a violation subject to penalty under ORS 618.991, the deputy state
sealer or inspector issuing the citation shall retain a record copy for the
State Department of Agriculture.
NOTE: Section
110 was deleted by amendment. Subsequent sections were not renumbered.
SECTION 111. ORS 618.411, 618.416, 618.421, 618.426,
618.431, 618.436, 618.441, 618.446, 618.451, 618.456, 618.461 and 618.466 are
repealed.
SCHOOL ATTENDANCE VIOLATIONS
SECTION 112.
ORS 339.925 is amended to read:
339.925. [(1) The
compulsory school attendance infractions that are established by this chapter
are infractions that are subject to ORS 8.665, 153.110 to 153.310 and 153.990.
Except as otherwise specifically provided in this chapter, any offense that is
designated as a compulsory school attendance infraction is subject to citation
and enforcement as provided under ORS 8.665, 153.110 to 153.310 and 153.990.]
[(2) In addition to any
other persons permitted to enforce infractions under ORS 8.665, 153.110 to
153.310 and 153.990, the school district superintendent or education service
district superintendent or any employee specifically designated by either superintendent
has jurisdiction of and may enforce infractions established under ORS 339.990
in the manner provided under ORS 8.665, 153.110 to 153.310 and 153.990 for the
enforcement of infractions.]
(1) In addition to any
other persons permitted to enforce violations, the school district
superintendent or education service district superintendent, or any employee
specifically designated by either superintendent, may issue citations for
violations established under ORS 339.990 in the manner provided by ORS chapter
153.
[(3)] (2) Prior to issuing the citation
described in subsection [(4)] (3) of this section to the parent or
guardian of a student not regularly attending full-time school, a school
district superintendent or education service district superintendent shall:
(a) Provide a parent or guardian of the student and the student
with written notification that:
(A) States that the student is required to attend regularly a
full-time school;
(B) Explains that the failure to send the student and maintain
the student in regular attendance is a Class [B infraction] C violation;
(C) States that the superintendent may issue a citation [of up to $100];
(D) Requires the parent or guardian of the student and the
student to attend a conference with a designated official; and
(E) Is written in the native language of the parent or guardian
of the student.
(b) Schedule the conference described in paragraph (a)(D) of
this subsection.
[(4)] (3) Notwithstanding ORS 1.525 [and 153.130] or any provision of ORS chapter 153, the State Board of Education
by rule shall establish the citation form to be used by superintendents [for enforcement of infractions] in citing violations established under
ORS 339.990. Notwithstanding [ORS 153.130
(3)] section 13 of this 1999 Act,
each of the parts of the citation shall contain the information required by the
state board.
[(5)] (4) All fines and court costs
recovered from [violations of]
compulsory school attendance [infractions] violations shall be paid to the clerk
of the court involved. After deductions of court costs provided by law for the
proceeding, the clerk shall pay the remainder of the money to the State
Treasurer to be deposited in the Criminal Fine and Assessment Account in the
General Fund.
[(6) Upon completion of
the case, the court shall mail the abstract part of the citation to the
Department of Education.]
SECTION 113.
ORS 339.990 is amended to read:
339.990. Violation of ORS 339.020 or the requirements of ORS
339.035 is a Class [B infraction] C violation.
AVIATION VIOLATIONS
SECTION 114.
ORS 837.100 is amended to read:
837.100. [(1) The
aeronautics infractions that are established by this chapter and ORS chapters
835 and 836 are infractions that are subject to ORS 8.665, 153.110 to 153.310
and 153.990. Except as otherwise specifically provided in this chapter or ORS
chapter 835 or 836 any offense that is designated as aeronautics infraction is
subject to citation and enforcement as provided under ORS 8.665, 153.110 to
153.310 and 153.990.]
[(2) In addition to any
other persons permitted to enforce infractions under ORS 8.665, 153.110 to
153.310 and 153.990, the Director of Transportation and any employee of the
Department of Transportation specifically designated by the director have
jurisdiction of and may enforce infractions established under ORS 837.990 (3)
in the manner provided under ORS 8.665, 153.110 to 153.310 and 153.990 for the
enforcement of infractions.]
(1) In addition to any
other persons permitted to enforce violations, the Director of Transportation
and any employee specifically designated by the director may issue citations
for violations established under ORS 837.990 in the manner provided by ORS
chapter 153.
[(3)] (2) All fines and court costs
recovered from violations [of aeronautics
infractions] established under ORS
837.990 shall be paid to the clerk of the court involved. The clerk, after
deductions of court costs provided by law for the proceeding, shall pay the
remainder of the money to the State Treasurer to be deposited in the Criminal
Fine and Assessment Account in the General Fund.
SECTION 115.
ORS 837.990 is amended to read:
837.990. (1) Except as otherwise provided in this section and subject to section 76 of this 1999 Act,
[any] a person commits a Class A [aeronautics
infraction] violation if the
person violates any provision of this chapter and ORS chapters 835 and 836,
except those provisions governing official regulatory actions of governmental
bodies, or any rule adopted thereunder.
(2) The offense described in ORS 837.080, prohibited aircraft
operation, is a Class B misdemeanor.
(3) A person commits the offense of failure to register if the
person fails to register an aircraft as required by ORS 837.040.
MISCELLANEOUS ADJUSTMENTS FOR
ELIMINATION OF INFRACTIONS
SECTION 116.
ORS 8.660 is amended to read:
8.660. (1) The district attorney shall attend the terms of all
courts having jurisdiction of public offenses within the district attorney's
county, and, except as otherwise provided in this section, conduct, on behalf
of the state, all prosecutions for such offenses therein.
(2) A district attorney shall not conduct prosecutions under
this section when:
(a) A city attorney is prosecuting [traffic infractions as authorized under ORS 153.565, boating
infractions as authorized under ORS 153.385 or infractions as authorized under
ORS 8.665, 153.110 to 153.310 and 153.990] a violation under ORS chapter 153; or
(b) [A] The district attorney is [not permitted to appear for traffic
infractions under ORS 153.580, boating infractions under ORS 153.400 or
infractions under ORS 8.665, 153.110 to 153.310 and 153.990] prohibited from appearing in a violation
proceeding under the provisions of section 21 of this 1999 Act.
SECTION 117.
ORS 8.665 is amended to read:
8.665. Upon [information
or complaint of] the issuance of a
citation by any person authorized to [enforce
infractions subject to this section and ORS 153.110 to 153.310 and 153.990] issue citations for violations, a district [attorneys] attorney
shall prosecute [every] the case [in which] if it appears
that [there has been violation of those
infractions] a violation has
occurred.
SECTION 118.
ORS 21.010 is amended to read:
21.010. (1) Except as provided in subsection (2) of this
section, the appellant in an appeal or the petitioner in a judicial review in
the Supreme Court or the Court of Appeals shall pay a filing fee of $140 in the
manner prescribed by ORS 19.265. The respondent in such case, upon entering
first appearance or filing first brief in the court, shall pay to the State
Court Administrator the sum of $84. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the amount so paid.
(2) Filing and appearance fees shall not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction relief
proceedings under ORS 138.650, juvenile court under ORS 419A.200 and the
involuntary commitment of allegedly mentally ill persons under ORS 426.135 or
allegedly mentally retarded persons under ORS 427.295, or on judicial review of
orders of the Psychiatric Security Review Board under ORS 161.385 (8) or orders
of the State Board of Parole and Post-Prison Supervision.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or municipal court in an
action alleging commission of a state offense designated as a violation [or infraction] or an action alleging
violation of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial sanctions under
the provisions of ORS 33.055.
SECTION 119.
ORS 21.385 is amended to read:
21.385. (1) In an appeal to a circuit court from a justice
court or municipal court in an action for commission of a state violation [or infraction] or an action for
violation of a city charter or ordinance, but not in an action for commission
of a state crime:
(a) The appearance, trial and law library fees required by ORS
21.110 and 21.350 are required of the appellant and respondent.
(b) The legal aid fee required by ORS 21.480 is required of the
appellant.
(2) Payment of fees required by subsection (1) of this section
is subject to ORS 20.140.
(3) Fees required by subsection (1) of this section may be
waived or deferred by a judge of the circuit court for the reason and in the
manner provided in ORS 21.605.
SECTION 119a.
Section 119 of this 1999 Act (amending
ORS 21.385) is repealed.
SECTION 120.
ORS 21.615 is amended to read:
21.615. (1) In an appeal to a circuit court from a justice
court or municipal court in an action for commission of a state violation [or infraction] or an action for
violation of a city charter or ordinance, but not in an action for commission
of a state crime:
(a) The filing, trial and law library fees required by ORS
21.110, 21.270 and 21.350 are required of the appellant and respondent.
(b) The legal aid fee required by ORS 21.480 is required of the
appellant.
(2) Payment of fees required by subsection (1) of this section
is subject to ORS 20.140.
(3) Fees required by subsection (1) of this section may be
waived or deferred by a judge of the circuit court for the reason and in the
manner provided in ORS 21.605.
SECTION 121.
ORS 40.355 is amended to read:
40.355. (1) For the purpose of attacking the credibility of a
witness, evidence that the witness has been convicted of a crime shall be
admitted if elicited from the witness or established by public record, but only
if the crime (a) was punishable by death or imprisonment in excess of one year
under the law under which the witness was convicted, or (b) involved false
statement or dishonesty.
(2) Evidence of a conviction under this section is not
admissible if:
(a) A period of more than 15 years has elapsed since the date
of the conviction or of the release of the witness from the confinement imposed
for that conviction, whichever is the later date; or
(b) The conviction has been expunged by pardon, reversed, set
aside or otherwise rendered nugatory.
(3) When the credibility of a witness is attacked by evidence
that the witness has been convicted of a crime, the witness shall be allowed to
explain briefly the circumstances of the crime or former conviction; once the
witness explains the circumstances, the opposing side shall have the
opportunity to rebut the explanation.
(4) The pendency of an appeal therefrom does not render
evidence of a conviction inadmissible. Evidence of the pendency of an appeal is
admissible.
(5) An adjudication by a juvenile court that a child is within
its jurisdiction is not a conviction of a crime.
(6) A conviction [before,
on or after November 4, 1993,] of any of the statutory counterparts of
offenses designated as violations as [defined
in ORS 161.565,] described in
section 3 of this 1999 Act may not be used to impeach the character of a
witness in any criminal or civil action or proceeding.
SECTION 122.
ORS 131.005 is amended to read:
131.005. As used in sections 1 to 311, chapter 836, Oregon Laws
1973, except as otherwise specifically provided or unless the context requires
otherwise:
(1) "Accusatory instrument" means a grand jury indictment,
an information or a complaint.
(2) "Bench warrant" means a process of a court in
which a criminal action is pending, directing a peace officer to take into
custody a defendant in the action who has previously appeared before the court
upon the accusatory instrument by which the action was commenced, and to bring
the defendant before the court. The function of a bench warrant is to achieve
the court appearance of a defendant in a criminal action for some purpose other
than the initial arraignment of the defendant in the action.
(3) "Complaint" means a written accusation, verified
by the oath of a person and bearing an indorsement of acceptance by the
district attorney having jurisdiction thereof, filed with a magistrate, and
charging another person with the commission of an offense, other than an
offense punishable as a felony. A complaint serves both to commence an action
and as a basis for prosecution thereof.
(4) "Complainant's information" means a written
accusation, verified by the oath of a person and bearing an indorsement of
acceptance by the district attorney having jurisdiction thereof, filed with a
magistrate, and charging another person with the commission of an offense
punishable as a felony. A complainant's information serves to commence an
action, but not as a basis for prosecution thereof.
(5) "Correctional facility" means any place used for
the confinement of persons charged with or convicted of a crime or otherwise
confined under a court order. "Correctional facility" does not include
a youth correction facility as defined in ORS 162.135 and applies to a state
hospital only as to persons detained therein charged with or convicted of a
crime, or detained therein after acquittal of a crime by reason of mental
disease or defect under ORS 161.290 to 161.370.
(6) "Criminal action" means an action at law by means
of which a person is accused of the commission of [an infraction,] a
violation, misdemeanor or felony.
(7) "Criminal proceeding" means any proceeding which
constitutes a part of a criminal action or occurs in court in connection with a
prospective, pending or completed criminal action.
(8) "District attorney," in addition to its ordinary
meaning, includes a city attorney as prosecuting officer in the case of
municipal ordinance offenses, a county counsel as prosecuting officer under a
county charter in the case of county ordinance offenses, and the Attorney
General in those criminal actions or proceedings within the jurisdiction of the
Attorney General.
(9) "District attorney's information" means a written
accusation by a district attorney and:
(a) If filed with a magistrate to charge a person with the
commission of an offense, other than an offense punishable as a felony, serves
both to commence an action and as a basis for prosecution thereof; or
(b) If filed with a magistrate to charge a person with the
commission of an offense punishable as a felony, serves to commence an action,
but not as a basis for prosecution thereof; or
(c) If, as is otherwise authorized by law, filed in circuit
court to charge a person with the commission of an offense, serves as a basis
for prosecution thereof.
(10) "Information" means a district attorney's
information or a complainant's information.
(11) "Probable cause" means that there is a
substantial objective basis for believing that more likely than not an offense
has been committed and a person to be arrested has committed it.
(12) "Trial court" means a court which by law has
jurisdiction over an offense charged in an accusatory instrument and has
authority to accept a plea thereto, or try, hear or otherwise dispose of a
criminal action based on the accusatory instrument.
(13) "Ultimate trial jurisdiction" means the
jurisdiction of a court over a criminal action or proceeding at the highest
trial level.
(14) "Warrant of arrest" means a process of a court,
directing a peace officer to arrest a defendant and to bring the defendant
before the court for the purpose of arraignment upon an accusatory instrument
filed therewith by which a criminal action against the defendant has been
commenced.
SECTION 123.
ORS 136.040 is amended to read:
136.040. (1) If the charge is for a misdemeanor, the trial may
be had in the absence of the defendant if the defendant appears by counsel; but
if it is for a felony, the defendant shall appear in person.
(2) Notwithstanding the provisions of subsection (1) of this
section, if the charge is for a misdemeanor, the trial may be had in the
absence of the defendant and defendant's counsel if the misdemeanor is treated
as a violation under [ORS 161.565] section 47 or 48 of this 1999 Act.
SECTION 124.
ORS 137.106 is amended to read:
137.106. (1) When a person is convicted of [criminal activities] a crime, or a violation [under
ORS 161.565] as described in section
3 of this 1999 Act, [which have] that has resulted in pecuniary damages,
unless the presentence investigation report contains such a presentation, the
district attorney shall investigate and present to the court, prior to or at
the time of sentencing, evidence of the nature and amount of such damages. In
addition to any other sentence it may impose, the court may order that the
defendant make restitution to the victim.
(2) In determining whether to order restitution which is
complete, partial or nominal, the court shall take into account:
(a) The financial resources of the defendant and the burden
that payment of restitution will impose, with due regard to the other
obligations of the defendant;
(b) The ability of the defendant to pay restitution on an installment
basis or on other conditions to be fixed by the court; and
(c) The rehabilitative effect on the defendant of the payment
of restitution and the method of payment.
(3) If the defendant objects to the imposition, amount or
distribution of the restitution, the court shall at the time of sentencing
allow the defendant to be heard on such issue.
(4) For crimes committed on or after December 5, 1996, the
court shall order the prompt payment of the restitution whenever possible.
SECTION 125.
ORS 137.109 is amended to read:
137.109. (1) Nothing in ORS 137.103 to 137.109, 137.540,
144.102, 144.275, 161.675 and 161.685 limits or impairs the right of a person
injured by a defendant's [criminal
activities] commission of a crime,
or by a defendant's commission of a violation [under ORS 161.565] described
in section 3 of this 1999 Act, to sue and recover damages from the
defendant in a civil action. Evidence that the defendant has paid or been
ordered to pay restitution pursuant to ORS 137.103 to 137.109, 137.540,
144.102, 144.275, 161.675 and 161.685 may not be introduced in any civil action
arising out of the facts or events which were the basis for the restitution.
However, the court shall credit any restitution paid by the defendant to a
victim against any judgment in favor of the victim in such civil action.
(2) If conviction in a criminal trial necessarily decides the
issue of a defendant's liability for pecuniary damages of a victim, that issue
is conclusively determined as to the defendant if it is involved in a
subsequent civil action.
SECTION 126.
ORS 137.180 is amended to read:
137.180. (1) If a court enters a judgment that requires that a
defendant pay money, whether as a fine, fee, assessment or as costs and
disbursements of the action, as restitution or as any other monetary
obligation, or enters a judgment for the forfeiture of security under ORS
135.280, the clerk shall enter the judgment in the register of actions and:
(a) Shall docket the money judgment portion of the judgment in
the judgment docket if the offense is a felony or misdemeanor; and
(b) May docket the money judgment portion of the judgment in
the judgment docket if the court so orders and the offense is a violation [or infraction for which the only penalty is
a fine, or an ordinance for which the only penalty is a fine] as described in section 3 of this 1999 Act.
(2) Notwithstanding subsection (1) of this section, the clerk
shall rely on the existence of a separate section within the judgments subject
to ORS 137.071 in determining whether the judgment is a judgment for the
payment of money and shall docket in the judgment docket only from the separate
section unless otherwise instructed by the court. A clerk is not liable for
failure to docket a judgment or to enter specific information on the judgment
docket where any of the following occur:
(a) The judgment for the payment of money is required to but
does not comply with ORS 137.071.
(b) The clerk is unable to ascertain the specific information
from the separate section under ORS 137.071.
(3) The clerk is not liable for entering any information in the
judgment docket that reflects information actually contained in a judgment or
decree whether or not the information in the judgment or decree is correct or
properly presented.
(4) Entry and docketing of judgment under this section has the
same effect as a judgment in a civil action, as provided in ORS 18.320, 18.350,
18.360 and 18.400. The judgment is a judgment in favor of the state and may be
enforced only by the state.
SECTION 127.
ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime[,] or violation [or infraction],
excluding parking violations, the trial court, whether a circuit, justice or
municipal court, shall impose upon the defendant, in addition to any other
monetary obligation imposed, a unitary assessment under this section. The
unitary assessment shall also be imposed by the circuit court and county court
in juvenile cases under ORS 419C.005 (1). The unitary assessment is a penal
obligation in the nature of a fine and shall be in an amount as follows:
(a) $100 in the case of a felony.
(b) $60 in the case of a misdemeanor.
(c) $90 in the case of a conviction for driving under the
influence of intoxicants.
(d) $30 in the case of [any
offense punishable only by a fine] a
violation as described in section 3 of this 1999 Act.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $40 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the circumstances; or
(B) ORS 811.115 by driving at least 65 miles per hour; and
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163.
(3) The court in any case may waive payment of the unitary
assessment, in whole or in part, if, upon consideration, the court finds that
payment of the assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case. In making its
determination under this subsection, the court shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due regard to the
other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by the court on
an installment basis or on other conditions to be fixed by the court.
SECTION 128.
ORS 137.295 is amended to read:
137.295. (1) When a defendant convicted of a crime[,] or
violation [or infraction] in the
circuit, justice or municipal court, or allowed diversion in such a case, makes
a payment of money to be credited against monetary obligations imposed as a
result of that conviction or diversion, the clerk shall distribute the payment
as provided in this section.
(2) There are four categories of monetary obligations. The
categories are as follows:
(a) Category 1 consists of compensatory fines under ORS
137.101.
(b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary obligation imposed
under ORS 811.706.
(c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those fines, costs,
forfeited [bail] security amounts and other monetary obligations payable to the
state or to the General Fund of the state in criminal and quasi-criminal cases
for which moneys the law does not expressly provide other disposition.
(d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not fall under
category 1, category 2 or category 3 of the obligation categories. These
include, but are not limited to, fines and other monetary obligations that the
law expressly directs be paid to an agency, person or political subdivision of
the state, and any other obligation to reimburse for payment of a reward under
ORS 131.897.
(3) So long as there remains unpaid any obligation under
category 1, the clerk shall credit toward category 1 all of each payment
received.
(4) After the total obligation has been credited under category
1, then so long as there remains unpaid any obligation under both categories 2
and 3, the clerk shall credit toward each such category 50 percent of each
payment received.
(5) The clerk shall monthly transfer the moneys credited under
category 1 and under category 2 to the victims for whose benefit moneys under
that category were ordered paid. The clerk of a circuit court shall monthly
transfer the moneys credited under category 3 as directed by the State Court
Administrator for deposit in the State Treasury to the credit of the Criminal
Fine and Assessment Account established under ORS 137.300. The clerk of a
justice or municipal court shall monthly transfer the moneys credited under
category 3 to the Department of Revenue as provided in ORS 305.830.
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, further payments by the defendant
shall be credited by the clerk entirely to the unpaid balance of whichever of
those categories remains unpaid, until both category 2 and category 3 have been
entirely paid.
(7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4, the clerk
shall credit further payments by the defendant to the obligations under
category 4 and shall monthly transfer the moneys so received to the appropriate
recipient, giving first priority to counties and cities entitled to revenues
generated by prosecutions in justice and municipal courts and giving last
priority to persons entitled to moneys as reimbursement for reward under ORS
131.897.
SECTION 129.
ORS 153.770 is amended to read:
153.770. [Notwithstanding
ORS 153.150, 153.345, 153.525, 153.720 or any other statute, for any offense
that could be cited into court by a uniform citation adopted by the Supreme
Court under ORS 1.525:]
(1) Notwithstanding ORS
1.525 and section 13 of this 1999 Act, a law enforcement officer, following
procedures established by court rule, may file a complaint with the court by
electronic means, without an actual signature of the officer, in lieu of using
a written uniform citation. Law enforcement officers who file complaints under
this section will be deemed to certify to the complaint and will continue to
have the same rights, responsibilities and liabilities in relation to those
complaints as to complaints that are certified by an actual signature.
(2) A court may allow electronic filing of complaints as
described under subsection (1) of this section. Procedures established to allow
electronic filing of complaints under this section shall be established by
court rule and shall include procedures necessary to ensure that:
(a) The information electronically filed includes all
information required on a uniform citation adopted by the Supreme Court under
ORS 1.525.
(b) The complaint filed electronically is verifiable as being
filed by a specific law enforcement officer.
(c) Members of the public can obtain copies of and review
complaints that are electronically filed and maintained under this section in
the same manner as for complaints filed on paper.
SECTION 130.
ORS 153.800 is amended to read:
153.800. (1) Any court of this state may establish a Violations
Bureau and designate the clerk or deputy clerk of the court or any other
appropriate person to act as a violations clerk for the Violations Bureau. A
Violations Bureau shall be established by each circuit court unless the Chief
Justice of the Supreme Court issues a written exemption to the presiding judge
appointed under ORS 1.169. The violations clerk shall serve under the direction
and control of the court appointing the clerk.
(2) A violations clerk may exercise authority over any [offense, including but not limited to
violations described in ORS 161.565 and infractions] violation.[, for which the
only penalty that may be imposed is a fine or forfeiture. In addition, offenses
that may be made subject to the authority of the violations clerk include the
following:]
[(a) Violations of
ordinances or regulations adopted by a political subdivision of the state if
the only penalty that may be imposed for violation of the ordinance or
regulation is a fine or forfeiture.]
[(b) Misdemeanor charges
that a district attorney elects to treat as a violation under the provisions of
ORS 161.565.]
[(3) Subject to
subsection (2) of this section,] A court establishing a Violations Bureau
shall by order specify the [offenses]
violations that are subject to the
authority of the violations clerk.
[(4)] (3) Except as provided in subsection [(7)] (6) of this section, the violations clerk shall accept:
(a) Written appearance, waiver of trial, plea of guilty and
payment of fine, costs and assessments for [offenses]
violations that are subject to the
authority of the violations clerk; or
(b) Payment of [bail] base fine amounts for [offenses] violations that are subject to the authority of the violations
clerk.
[(5)] (4) The court shall establish
schedules, within the limits prescribed by law, of the amounts of penalties to
be imposed for first, second and subsequent violations, designating each [offense] violation specifically or by class. The order of the court
establishing the schedules shall be prominently posted in the place where
penalties established under the schedule are paid. All amounts must be paid to,
receipted by and accounted for by the violations clerk in the same manner as
other payments on money judgments are received by the court.
[(6)] (5) Any person charged with [an offense] a violation within the authority of the violations clerk may:
(a) Upon signing an appearance, plea of guilty and waiver of
trial, pay the clerk the penalty established for the [offense] violation
charged, including any costs and assessments authorized by law.
(b) Pay the clerk the [bail] base fine amount established for the [offense] violation. Payment of [bail] the base fine amount under this
paragraph constitutes consent to forfeiture of [bail] the base fine amount
and disposition of the [offense] violation by the clerk as provided by
the rules of the court. Payment of [bail] base fine amount under this paragraph
is not consent to forfeiture of [bail] the base fine amount if the [bail] payment is accompanied by a plea of not guilty or a request for
hearing.
[(7)] (6) A person who has been found guilty
of, or who has signed a plea of guilty or
no contest to, one or more previous offenses in the preceding 12 months
within the jurisdiction of the court shall not be permitted to appear before
the violations clerk unless the court, by general order applying to certain
specified offenses, permits such appearance.
SECTION 131.
ORS 156.050 is amended to read:
156.050. The authority of a justice of the peace to issue a
warrant of arrest [or authorize a peace
officer to issue and serve a citation] shall be as provided in ORS 133.110.
SECTION 132.
ORS 164.775 is amended to read:
164.775. (1) It is unlawful for any person to discard any
glass, cans or other trash, rubbish, debris or litter on land within 100 yards
of any of the waters of the state, as defined in ORS 468B.005, other than in
receptacles provided for the purpose of holding such trash, rubbish, debris or
litter.
(2) It is unlawful for any person to discard any glass, cans or
other similar refuse in any waters of the state, as defined in ORS 468.700.
(3) In addition to or in lieu of the penalties provided for
violation of any provision of this section, the court in which any individual
is convicted of a violation of this section may order suspension of certain
permits or licenses for a period not to exceed 90 days if the court finds that
the violation occurred during or in connection with the exercise of the
privilege granted by the permit or license. The permits and licenses to which
this section applies are motor vehicle operator's permits or licenses, hunting
licenses, fishing licenses or boat registrations.
(4)(a) Any person sentenced under subsection (6) of this
section to pay a fine for violation of this section shall be permitted, in
default of the payment of the fine, to work at clearing rubbish, trash and
debris from the lands and waters described by subsections (1) and (2) of this
section. Credit in compensation for such work shall be allowed at the rate of
$25 for each day of work.
(b) In any case, upon conviction, if punishment by imprisonment
is imposed upon the defendant, the form of the sentence shall include that the
defendant shall be punished by confinement at labor clearing rubbish, trash and
debris from the lands and waters described by subsections (1) and (2) of this
section, for not less than one day nor more than five days.
(5) A citation conforming to the requirements of [ORS 153.705 to 153.766] section 57 of this 1999 Act shall be
used for all violations of subsection (1) or (2) of this section in the state.
(6) Violation of this section is a Class B misdemeanor.
(7) In addition to and not in lieu of the criminal penalty
authorized by subsection (6) of this section, the civil penalty authorized by
ORS 468.140 may be imposed for violation of this section.
(8) Nothing in this section or ORS 164.785 prohibits the
operation of a disposal site, as defined in ORS 459.005, for which a permit is
required by the Department of Environmental Quality, for which such a permit
has been issued and which is being operated and maintained in accordance with
the terms and conditions of such permit.
SECTION 133.
ORS 341.300 is amended to read:
341.300. (1) The board may adopt such regulations as it
considers necessary to provide for the policing, control and regulations of
traffic and parking of vehicles on property under the jurisdiction of the
board. Such regulations may provide for the registration of vehicles, the
designation and posting of parking areas, and the assessment and collection of
reasonable fees and charges for parking and shall be filed in the board
business office on the campus and shall be available for public inspection. The
board may require that before a quarterly or yearly parking privilege for any
vehicle is granted to any full-time or part-time student to use board property,
the student must show that the vehicle is operated by a student holding a valid
[driver's] driver license, that the vehicle is currently registered and that
the student driving the vehicle is insured under a motor vehicle liability
insurance policy that meets the requirements described under ORS 806.080 or
that the student or owner of the vehicle has provided the Department of
Transportation with other satisfactory proof of compliance with the financial
responsibility requirements of this state.
(2) The regulations adopted pursuant to subsection (1) of this
section may be enforced administratively under procedures adopted by the board.
Administrative and disciplinary sanctions may be imposed upon students,
faculty, and staff for violation of the regulations. The board may establish
hearing procedures for the determination of controversies in connection with
imposition of fines or penalties.
(3) Upon agreement between the board and a city or county in
which all or part of the community college campus is located, proceedings to
enforce regulations adopted pursuant to subsection (1) of this section shall be
brought in the name of the city or county enforcing the regulation in the
circuit, justice or municipal court in the county in which the violation occurred.
The fines, penalties and costs recovered shall be paid to the clerk of the
court involved in accordance with the agreement between the board and the city
or county with which the agreement is made.
(4) The regulations adopted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and a reasonable
fee may be enacted for the cost of impoundment and storage, if any, prior to
the release of the vehicles to their owners.
(5) Every peace officer acting within the jurisdictional
authority of a governmental unit of the place where the violation occurs shall
enforce the regulations adopted by the board under subsection (1) of this
section if an agreement has been entered into pursuant to subsection (3) of
this section. The board, for the purpose of enforcing its regulations governing
traffic control, may appoint peace officers who shall have the same authority
as other peace officers as defined in ORS 133.005.
(6) Issuance of traffic citations to enforce the regulations
adopted by the board under subsection (1) of this section shall conform to the
requirements of ORS [153.510 to 153.550] chapter 153. However, in proceedings
brought to enforce parking regulations, it shall be sufficient to charge the
defendant by an unsworn written notice in accordance with the provisions of ORS
221.340.
(7) Violation of any regulation adopted by the board pursuant
to subsection (1) of this section and
enforced pursuant to subsection (3) of this section is a misdemeanor.
SECTION 134.
ORS 419A.190 is amended to read:
419A.190. Except as provided in [ORS 153.585 (1)] section 27
(1) of this 1999 Act, proceedings in adult criminal court and other
juvenile court adjudicatory proceedings based on an act alleged in a petition
or citation to have been committed by a child or allegations arising out of the
same conduct are barred when the juvenile court judge or referee has begun
taking evidence in an adjudicatory hearing or has accepted a child's admission
or answer of no contest to the allegations of the petition or citation. This
section shall not prevent appeal of any preadjudicatory order of the court
which could be appealed in a criminal case, including, but not limited to, an
order suppressing evidence.
SECTION 135.
ORS 479.280 is amended to read:
479.280. (1) If a rental dwelling unit is not equipped with the
required smoke detector, or if the detector is not operating properly and the
owner or the owner's authorized agent has not installed a properly operating
smoke detector within 10 days after receiving written notice from the tenant of
the deficiency, the tenant may file a complaint with the State Fire Marshal or
the appropriate official charged with the duty of providing fire protection
services within the local jurisdiction.
(2) Upon receipt of a complaint filed under subsection (1) of
this section, the State Fire Marshal or the appropriate local fire official
shall investigate the alleged violation of ORS 479.250 to 479.300 and 479.990
(6). If the State Fire Marshal or appropriate local fire official finds that
the landlord has failed to install a properly operating smoke detector in the
unit under investigation, the State Fire Marshal or local fire official may
issue a citation which shall substantially conform to the requirements for a
citation under ORS [153.710 to 153.725] chapter 153.
(3) In the absence of a complaint from the tenant, the State
Fire Marshal or an appropriate local fire official may initiate the citation
process by presenting the owner with a written notice of the deficiency and
specifying a period of not less than 10 days for compliance.
(4) If the State Fire Marshal or appropriate local fire
official finds that the landlord of a hotel has failed to comply with the
requirements of ORS 479.255 (2) or (3), the State Fire Marshal or local fire
official may issue a citation which shall substantially conform to the
requirements for a citation under ORS [153.710
to 153.725] chapter 153.
SECTION 136.
ORS 604.076 is amended to read:
604.076. (1) In addition to the authority set forth in ORS
604.015, in the enforcement of this chapter, the Director of Agriculture has
the authority to issue and serve citations to any person for violation of any
provision of ORS 604.071.
(2) The director may delegate the authority to issue citations
to investigative officers and brand inspection supervisors.
(3) A citation shall contain the information and substantially conform to the
requirements [set forth in ORS 618.421,
618.431 and 618.436, and the procedures and authority set forth in ORS 618.441,
618.446, 618.451, 618.456, 618.461 and 618.466 shall apply to the citation] for a citation under ORS chapter 153.
SECTION 137.
ORS 689.045 is amended to read:
689.045. If any provision of ORS [51.040,] 167.203, 414.325, 430.405, 435.010, 453.025, 475.005,
475.135, 475.185, 475.992, 475.995 and 616.855 and ORS chapter 689 is declared
unconstitutional or illegal, or the applicability of ORS [51.040,] 167.203, 414.325, 430.405, 435.010, 453.025, 475.005,
475.135, 475.185, 475.992, 475.995 and 616.855 and ORS chapter 689 to any
person or circumstances is held invalid by a court of competent jurisdiction,
the constitutionality or legality of the remaining provisions of ORS [51.040,] 167.203, 414.325, 430.405,
435.010, 453.025, 475.005, 475.135, 475.185, 475.992, 475.995 and 616.855 and
ORS chapter 689 and the application of ORS [51.040,]
167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185,
475.992, 475.995 and 616.855 and ORS chapter 689 to other persons and
circumstances shall not be affected and shall remain in full force and effect
without the invalid provision or application.
SECTION 138.
ORS 689.185 is amended to read:
689.185. (1) The State Board of Pharmacy shall meet at least
once every three months to transact its business. One such meeting held during
each fiscal year of the state shall be designated by rule as the annual meeting
and shall be for the purpose of electing officers and for the reorganization of
the board. The board shall meet at such additional times as it may determine.
Such additional meetings may be called by the president of the board or by
majority of members of the board.
(2) The board shall meet at such place as it may from time to
time determine. The place for each meeting shall be determined prior to giving
notice of such meeting and shall not be changed after such notice is given
without adequate subsequent notice.
(3) Notice of all meetings of the board shall be given in the
manner and pursuant to requirements prescribed by the state's applicable rules.
(4) A majority of the members of the board shall constitute a
quorum for the conduct of a board meeting and, except where a greater number is
required by ORS [51.040,] 167.203,
414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.992, 475.995
and 616.855 and this chapter, or by any rule of the board, all actions of the
board shall be by a majority of a quorum.
(5) All board meetings and hearings shall be open to the
public. The board may, in its discretion and according to law, conduct any
portion of its meeting in executive session closed to the public.
SECTION 139.
ORS 809.265 is amended to read:
809.265. (1) Unless the court finds compelling circumstances
not to order suspension of driving privileges, the court in which a person is
convicted of an offense described in this subsection shall prepare and send to
the Department of Transportation, within 24 hours of the conviction, an order
of suspension of driving privileges of the person. This subsection applies when
a person is convicted of:
(a) Any [crime,
violation, infraction or other] offense involving manufacturing, possession
or delivery of controlled substances.
(b) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance if the person was under
the influence of a controlled substance.
(2) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280.
SECTION 140.
ORS 809.267 is amended to read:
809.267. A court shall not issue a notice to the Department of
Transportation authorizing reinstatement of driving privileges that the court
had ordered suspended or restricted until the person whose privileges were
suspended or restricted pays the court a $15 reinstatement fee. This section
applies to reinstatements after suspensions or restrictions ordered by a court
for failure of a person to comply with a court order or with any conditions
imposed by the court, for failure to pay a fine or for failure to [comply with ORS 153.540] appear as required by section 17 of this
1999 Act.
SECTION 141.
ORS 810.340 is amended to read:
810.340. (1) All proceedings concerning traffic offenses shall
conform to the provisions of the vehicle code[, rules adopted under ORS 1.520] and those provisions of ORS
chapter 153 relating to traffic offenses.
(2) All circuit courts, police judges or recorders of any city
or town or justices of the peace or district judges of the county shall have
concurrent jurisdiction, within their respective city, town, county or
district, of all violations of the provisions of the vehicle code relating to
financial responsibility requirements or the suspension of driving privileges
or registration.
SECTION 142.
ORS 810.439 is amended to read:
810.439. (1) Notwithstanding any other provision of law, in the
jurisdictions authorized to use photo radar:
(a) A citation for speeding may be issued on the basis of photo
radar if the following conditions are met:
(A) The photo radar equipment is operated by a uniformed police
officer.
(B) The photo radar equipment is operated out of a marked
police vehicle.
(C) An indication of the actual speed of the vehicle is
displayed within 150 feet of the location of the photo radar unit.
(D) Signs indicating that speeds are enforced by photo radar
are posted, so far as is practicable, on all major routes entering the
jurisdiction.
(E) The citation is mailed to the registered owner of the
vehicle within six business days of the alleged violation.
(F) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.
(G) If the person named as the registered owner of a vehicle in
the current records of the Department of Transportation fails to respond to a
citation issued under this subsection, [the
provisions of ORS 153.555 shall apply, and] a default judgment under
section 24 of this 1999 Act may be entered for failure to appear after
notice has been given that the judgment will be entered.
(b) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation is issued and
delivered as provided in this section.
(c) A person issued a citation under this subsection may
respond to the citation by submitting a certificate of innocence or a
certificate of nonliability under subsection (3) of this section or any other
response allowed by law.
(2) A citation issued on the basis of photo radar may be
delivered by mail or otherwise to the registered owner of the vehicle or to the
driver.
(3)(a) If a registered owner of a vehicle responds to a
citation issued under subsection (1) of this section by submitting a
certificate of innocence within 30 days from the mailing of the citation
swearing or affirming that the owner was not the driver of the vehicle and a
photocopy of the owner's driver license, the citation shall be dismissed. The
citation may be reissued if the jurisdiction verifies that the registered owner
appears to have been the driver at the time of the violation.
(b) If a business or public agency responds to a citation
issued under subsection (1) of this section by submitting a certificate of
nonliability within 30 days from the mailing of the citation stating that at
the time of the alleged speeding violation the vehicle was in the custody and
control of an employee or was in the custody and control of a renter or lessee
under the terms of a rental agreement or lease, and if the business or public
agency provides the driver license number, name and address of the employee,
renter or lessee, the citation shall be dismissed with respect to the business
or public agency. The citation may then be issued and delivered by mail or
otherwise to the employee, renter or lessee identified in the certificate of
nonliability.
(4) The penalties for and all consequences of a speeding
violation initiated by the use of photo radar are the same as for a speeding
violation initiated by any other means.
(5) A registered owner, employee, renter or lessee against whom
a judgment for failure to appear is entered may move the court to relieve the
owner, employee, renter or lessee from the judgment as provided in [ORS 153.555] section 26 of this 1999 Act if the failure to appear was due to
mistake, inadvertence, surprise or excusable neglect.
STATUTORY ADJUSTMENTS
FOR VIOLATION CLASSIFICATIONS
SECTION 143.
ORS 9.990 is amended to read:
9.990. (1) Any person who violates ORS 9.160 shall be fined not
more than $500 or imprisoned in the county jail for a period not to exceed six
months, or both.
(2) Any person who violates any of the provisions of ORS 9.500
or 9.520 [shall be fined not more than
$1,000] commits a Class A violation.
(3) Any person violating any of the provisions of ORS 9.505
shall, upon conviction, be fined not more than $1,000 or imprisoned in the
county jail for a period not to exceed one year, or both.
SECTION 144.
ORS 10.990 is amended to read:
10.990. (1) Violation of ORS 10.080 is [punishable upon conviction by a fine not exceeding $300] a Class B violation.
(2) If a person summoned to serve as a juror in a circuit court
fails to attend as required, the court shall order the person to appear
forthwith and show cause for that failure. If the person fails to appear
pursuant to the order or appears and fails to show good cause, the person may
be punished for contempt.
(3) A juror summoned to a court who fails to give attention in
court, or who leaves without permission while the court is in session or
otherwise fails to complete required jury service without permission, may be
punished for contempt of the court.
SECTION 145.
ORS 10.992 is amended to read:
10.992. Any employer who violates ORS 10.090 [shall be subject to a civil penalty of not
more than $500 for each violation as to each juror] commits a Class A violation. [The
district attorney, upon receipt of a sworn complaint in writing signed by a
prospective juror or signed by a juror who has served, alleging a violation of
ORS 10.090, may bring an action to enforce the civil penalty in the circuit
court.]
SECTION 146.
ORS 17.990 is amended to read:
17.990. A person [willfully]
violating ORS 17.075 (1) [shall upon
conviction be fined not more than $1,000] commits a Class A violation.
SECTION 147.
ORS 25.990 is amended to read:
25.990. (1) Violation of ORS 25.720 (3) is [subject, upon conviction, to a fine not to
exceed $1,000] a Class A violation.
(2) Violation of ORS 25.260 is punishable, upon conviction, by
a fine of not more than $1,000 or by imprisonment in the county jail for not
more than 60 days, or by both.
SECTION 148.
ORS 83.990 is amended to read:
83.990. (1) Any person who [willfully
and intentionally] violates any provision of ORS 83.510 to 83.680 [shall, upon conviction, be punished by a
fine not to exceed $500] commits a
Class A violation.
(2) A willful violation of ORS 83.520 to 83.600 or 83.650 to
83.670 by any person shall bar recovery of any finance charge, delinquency or
collection charge or refinancing charge on the retail installment contract
involved.
(3) Notwithstanding the provisions of subsections (1) to (3) of
this section, any failure to comply with any provision of ORS 83.510 to 83.680
may be corrected within 10 days after the holder is notified thereof in writing
by the buyer, and, if so corrected, neither the seller nor the holder shall be
subject to any penalty.
(4) Any person who willfully and intentionally violates any
provision of ORS 83.010 to 83.190 shall, upon conviction, be punished by a fine
of not more than $1,000 or by imprisonment for not more than six months, or
both. Violation of any order or injunction issued pursuant to ORS 83.010 to
83.190 shall constitute prima facie proof of a violation of this subsection.
SECTION 149.
ORS 93.990 is amended to read:
93.990. (1) The giving of a false statement of the true and
actual consideration as required by ORS 93.030 is [punishable, upon conviction, by a fine of not more than $500] a Class A violation.
(2) Any person served with the subpoena mentioned in ORS 93.460
who, without reasonable cause, refuses or neglects to appear, or appearing
refuses to answer upon oath touching the matter mentioned in ORS 93.460 shall
forfeit to the injured party $100. The person may also be committed to prison
as for a contempt by the officer who issued the subpoena until the person
submits to answer on oath as aforesaid.
(3) Violation of ORS 93.635 is [punishable, upon conviction, by a fine of not more than $100] a Class D violation.
SECTION 150.
ORS 162.245 is amended to read:
162.245. (1) A person commits the offense of refusing to assist
a peace officer if upon command by a person known by the person to be a peace
officer the person unreasonably refuses or fails to assist in effecting an
authorized arrest or preventing another from committing a crime.
(2) Refusing to assist a peace officer is a Class B violation.
SECTION 151.
ORS 162.255 is amended to read:
162.255. (1) A person commits the offense of refusing to assist
in fire-fighting operations if:
(a) Upon command by a person known by the person to be a
firefighter the person unreasonably refuses or fails to assist in extinguishing
a fire or protecting property threatened thereby; or
(b) Upon command by a person known by the person to be a
firefighter or peace officer the person intentionally and unreasonably disobeys
a lawful order relating to the conduct of the person in the vicinity of a fire.
(2) Refusing to assist in fire-fighting operations is a Class B violation.
SECTION 152.
ORS 163.197 is amended to read:
163.197. (1) No fraternity, sorority or other student
organization organized or operating on a college or university campus for
purposes of participating in student activities of the college or university,
nor any member of such an organization, shall intentionally haze any member,
potential member or person pledged to be a member of the organization, as a
condition or precondition of attaining membership in the organization or of
attaining any office or status therein.
(2) As used in this section, "haze" means to subject
a person to bodily danger or physical harm or a likelihood of bodily danger or
physical harm, or to require, encourage, authorize or permit that the person be
subjected to any of the following:
(a) Calisthenics;
(b) Total or substantial nudity on the part of the person;
(c) Compelled ingestion of any substance by the person;
(d) Wearing or carrying of any obscene or physically burdensome
article by the person;
(e) Physical assaults upon or offensive physical contact with
the person;
(f) Participation by the person in boxing matches or other
physical contests;
(g) Transportation and abandonment of the person;
(h) Confinement of the person to unreasonably small,
unventilated, insanitary or unlighted areas;
(i) Assignment of pranks to be performed by the person; or
(j) Compelled personal servitude by the person.
(3) Subsection (1) of this section does not apply to curricular
activities or to athletic teams of or within the college or university.
(4) A fraternity, sorority or other student organization that
violates this section commits a Class A
violation [punishable by a fine of not
more than $1,000].
(5) A member of a fraternity, sorority or other student
organization, who personally violates this section commits a Class B violation [punishable by a fine of not more than $250].
SECTION 153.
ORS 163.575 is amended to read:
163.575. (1) A person commits the crime of endangering the
welfare of a minor if the person knowingly:
(a) Induces, causes or permits an unmarried person under 18
years of age to witness an act of sexual conduct or sadomasochistic abuse as
defined by ORS 167.060; or
(b) Permits a person under 18 years of age to enter or remain
in a place where unlawful activity involving controlled substances is
maintained or conducted; or
(c) Induces, causes or permits a person under 18 years of age
to participate in gambling as defined by ORS 167.117; or
(d) Distributes, sells, or causes to be sold, tobacco in any
form to a person under 18 years of age; or
(e) Sells to a person under 18 years of age any device in which
tobacco, marijuana, cocaine or any controlled substance, as defined in ORS
475.005, is burned and the principal design and use of which is directly or
indirectly to deliver tobacco smoke, marijuana smoke, cocaine smoke or smoke
from any controlled substance into the human body including but not limited to:
(A) Pipes, water pipes, hookahs, wooden pipes, carburetor
pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and
ceramic pipes, with or without screens, permanent screens, hashish heads or
punctured metal bowls;
(B) Carburetion tubes and devices, including carburetion masks;
(C) Bongs;
(D) Chillums;
(E) Ice pipes or chillers;
(F) Cigarette rolling papers and rolling machines; and
(G) Cocaine free basing kits.
(2) Endangering the welfare of a minor by violation of
subsection (1)(a), (b), (c) or (e) of this section, involving other than a
device for smoking tobacco, is a Class A misdemeanor.
(3) Endangering the welfare of a minor by violation of
subsection (1)(d) of this section or by violation of subsection (1)(e) of this
section, involving a device for smoking tobacco, is a Class A violation [punishable
by] and the court shall impose a
fine of not less than $100 [nor more than
$500].
SECTION 154.
ORS 163.577 is amended to read:
163.577. (1) A person commits the offense of failing to
supervise a child if the person is the parent, lawful guardian or other person
lawfully charged with the care or custody of a child under 15 years of age and
the child:
(a) Commits an act that brings the child within the
jurisdiction of the juvenile court under ORS 419C.005;
(b) Violates a curfew law of a county or any other political
subdivision; or
(c) Fails to attend school as required under ORS 339.010.
(2) Nothing in this section applies to a child-caring agency as
defined in ORS 418.205 or to foster parents.
(3) In a prosecution of a person for failing to supervise a
child under subsection (1)(a) of this section, it is an affirmative defense
that the person:
(a) Is the victim of the act that brings the child within the
jurisdiction of the juvenile court; or
(b) Reported the act to the appropriate authorities.
(4) In a prosecution of a person for failing to supervise a
child under subsection (1) of this section, it is an affirmative defense that
the person took reasonable steps to control the conduct of the child at the
time the person is alleged to have failed to supervise the child.
(5)(a) In a prosecution of a person for failing to supervise a
child under subsection (1)(a) of this section, the court may order the person
to pay restitution under ORS 137.103 to 137.109 to a victim for pecuniary
damages arising from the act of the child that brings the child within the
jurisdiction of the juvenile court.
(b) The amount of restitution ordered under this subsection may
not exceed $2,500.
(6) If a person pleads guilty or is found guilty of failing to
supervise a child under this section and if the person has not previously been
convicted of failing to supervise a child, the court:
(a) Shall warn the person of the penalty for future convictions
of failing to supervise a child and shall suspend imposition of sentence.
(b) May not order the person to pay restitution under this
section.
(7)(a) If a person pleads guilty or is found guilty of failing
to supervise a child under this section and if the person has only one prior
conviction for failing to supervise a child, the court, with the consent of the
person, may suspend imposition of sentence and order the person to complete a
parent effectiveness program approved by the court. Upon the person's
completion of the parent effectiveness program to the satisfaction of the
court, the court may discharge the person. If the person fails to complete the
parent effectiveness program to the satisfaction of the court, the court may
impose a sentence authorized by this section.
(b) There may be only one suspension of sentence under this
subsection with respect to a person.
(8) The juvenile court has jurisdiction over a first offense of
failing to supervise a child under this section.
(9) Failing to supervise a child is a Class A violation [punishable
by a fine of not more than $1,000].
SECTION 155.
ORS 163.580 is amended to read:
163.580. (1) Any person who sells any of the smoking devices
listed in ORS 163.575 (1)(e) shall display a sign clearly stating that the sale
of such devices to persons under 18 years of age is prohibited by law.
(2) Any person who violates this section commits a Class B violation.
SECTION 156.
ORS 164.383 is amended to read:
164.383. (1) A person commits the offense of unlawfully
applying graffiti if the person, having no right to do so nor reasonable ground
to believe that the person has such right, intentionally damages property of
another by applying graffiti to the property.
(2)[(a)] Unlawfully
applying graffiti is a Class A
violation.
[(b)] Upon a
conviction for unlawfully applying graffiti, a court,[:]
[(A) Notwithstanding ORS
161.635, may impose a fine of up to $750; and]
[(B)] in addition to
any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129,
may order the defendant to perform up to 100 hours of community service. The
community service must include removing graffiti, either those that the
defendant created or those created by another, or both.
(3) If the court orders community service, the community
service must be completed within six months after entry of the order unless the
person shows good cause why community service cannot be completed within the
six-month time period.
SECTION 157.
ORS 164.386 is amended to read:
164.386. (1) A person commits the offense of unlawfully
possessing a graffiti implement if the person possesses a graffiti implement
with the intent of using the graffiti implement in violation of ORS 164.383.
(2)[(a)] Unlawfully
possessing a graffiti implement is a Class
C violation.
[(b)] Upon a
conviction for unlawfully possessing a graffiti implement, a court,[:]
[(A) May impose a fine of
up to $200; and]
[(B)] in addition to
any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS
137.129, may order the defendant to perform up to 50 hours of community
service. The community service must include removing graffiti, either those
that the defendant created or those created by another, or both.
(3) If the court orders community service, the community
service must be completed within six months after entry of the order unless the
person shows good cause why community service cannot be completed within the
six-month time period.
SECTION 158.
ORS 165.114 is amended to read:
165.114. (1) No person shall sell or offer to sell an
assignment to another person knowing, or under the circumstances having reason
to know, that the whole or a substantial part of the assignment is intended to
be submitted under a student's name in fulfillment of the requirements for a
degree, diploma, certificate or course of study at any post-secondary
institution.
(2) No person shall sell or offer to sell to another person any
assistance in the preparation of an assignment knowing, or under the
circumstances having reason to know, that the whole or a substantial part of
the assignment is intended to be submitted under a student's name in
fulfillment of the requirements for a degree, diploma, certificate or course of
study at any post-secondary institution.
(3) Nothing in this section prohibits a person from rendering
for a monetary fee:
(a) Tutorial assistance if the assistance is not intended to be
submitted in whole or in substantial part as an assignment; or
(b) Service in the form of typing, transcribing, assembling,
reproducing or editing an assignment if this service is not intended to make
substantive changes in the assignment.
(4) A person who violates any provision of this section [shall be subject to a fine of not more than
$1,000 for each violation] commits a
Class A violation.
(5) A person against whom a judgment has been entered under
subsection (4) of this section shall, upon conviction for any subsequent
violation of this section, be subject to a fine of not more than $10,000.
(6) In addition to any fine imposed under subsections (4) and
(5) of this section, a court of competent jurisdiction may grant such further
relief as is necessary to enforce the provisions of this section, including the
issuance of an injunction. A suit for injunction under subsections (1) to (6)
of this section may be brought in the name of the State of Oregon upon the
complaint of the Attorney General or any district attorney.
(7) As used in subsections (1) to (6) of this section unless
the context requires otherwise:
(a) "Assignment" means any specific written,
recorded, pictorial, artistic or other academic task, including but not limited
to a term paper, thesis, dissertation, essay or report, intended for submission
to any post-secondary institution in fulfillment of the requirements for a
degree, diploma, certificate or course of study at any such institution.
(b) "Person" means any individual, partnership,
corporation or association.
(c) "Post-secondary institution" means any public or
private post-secondary educational institution.
SECTION 159.
ORS 166.663 is amended to read:
166.663. (1) No person shall cast from a motor vehicle an
artificial light while there is in the possession or in the immediate physical
presence of the person a bow and arrow or a rifle, gun, revolver or other
firearm.
(2) Subsection (1) of this section does not apply to a person
casting an artificial light:
(a) From the headlights of a motor vehicle that is being
operated on a road in the usual manner.
(b) When the bow and arrow, rifle, gun, revolver or other
firearm that the person has in the possession or immediate physical presence of
the person is disassembled or stored, or in the trunk or storage compartment of
the motor vehicle.
(c) When the ammunition or arrows are stored separate from the
weapon.
(d) On land owned or lawfully occupied by that person.
(e) On publicly owned land when that person has an agreement
with the public body to use that property.
(f) When the person is a peace officer or government employee
engaged in the performance of official duties.
(g) When the person has been issued a license under ORS 166.290
to carry a concealed weapon.
(3) Violation of subsection (1) of this section is punishable
as a Class B violation.
SECTION 160.
ORS 167.222 is amended to read:
167.222. (1) A person commits the offense of frequenting a
place where controlled substances are used if the person keeps, maintains,
frequents, or remains at a place, while knowingly permitting persons to use
controlled substances in such place or to keep or sell them in violation of ORS
475.005 to 475.285 and 475.940 to 475.995.
(2) Frequenting a place where controlled substances are used is
a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this section, if the
conviction is for knowingly maintaining, frequenting or remaining at a place
where less than one avoirdupois ounce of the dried leaves, stems, and flowers
of the plant Cannabis family Moraceae is found at the time of the offense under
this section, frequenting a place where controlled substances are used is a Class D violation [punishable by a fine of not more than $100].
(4) As used in this section, "frequents" means
repeatedly or habitually visits, goes to or resorts to.
SECTION 161.
ORS 167.400 is amended to read:
167.400. (1) It is unlawful for any person under 18 years of
age to possess tobacco products, as defined in ORS 431.840.
(2) Any person who violates subsection (1) of this section
commits a Class D violation [punishable by a fine of not more than $100].
SECTION 162.
ORS 167.402 is amended to read:
167.402. (1) No person having authority over such placement
shall locate a vending machine from which tobacco products, as defined in ORS
431.840, in any form are dispensed in any place legally accessible to persons
under 18 years of age except taverns and cocktail lounges, industrial plants,
as defined in ORS 308.408, hotels and motels.
(2) Violation of subsection (1) of this section is a Class B violation [as defined in ORS 161.565, punishable by a fine of not more than $250].
Each day of violation constitutes a separate offense.
SECTION 163.
ORS 167.830 is amended to read:
167.830. Except as provided in ORS 167.840, any person
operating or conducting a place of public amusement or entertainment, who
employs or allows a child under the age of 18 years to conduct or assist in
conducting any public dance, including but not limited to dancing by the child
as a public performance, or to assist in or furnish music for public dancing, [shall be punished upon conviction by a fine
of not more than $100] commits a
Class D violation.
SECTION 164.
ORS 176.990 is amended to read:
176.990. (1) Violation of ORS 176.765 (5) is [punishable, upon conviction, by a fine of
not more than $1,000 for each offense]
a Class A violation.
(2) Any person who willfully fails or neglects to comply with
an executive order issued under ORS 176.750 to 176.815, or a directive of the
Governor implementing such an executive order, shall forfeit and pay into the
State Treasury a civil penalty not to exceed $1,000 for each such failure for
each day such failure persists.
(3) In addition to or in lieu of the civil penalty available
under subsection (2) of this section, the Governor may direct the reduction or
termination of supply of any or all energy resources being supplied to the
noncomplying party by any person or political subdivisions in this state whose
activities in furnishing energy resources are subject to allocation, rationing,
regulation or other control under ORS 176.750 to 176.815 or any other law of
Oregon. A noncomplying party is entitled to restoration of supply as soon as
the party has achieved compliance.
(4) The Governor may apply to any circuit court for appropriate
equitable relief against any person who violates or fails to carry out an
executive order or directive under ORS 176.750 to 176.815.
SECTION 165.
ORS 179.495 is amended to read:
179.495. (1) Medical case histories, clinical records, X-rays,
treatment charts, progress reports and other similar written accounts of the
inmates of any Department of Corrections institution described in ORS 179.321,
maintained in such institution by the officers or employees thereof who are
authorized to maintain such histories, records, X-rays, charts, reports and
other accounts within the official scope of their duties, shall not be subject
to inspection except upon permission given by the Department of Corrections in
compliance with ORS 179.505 (3), (4), (6), (7), (9), (11), (12), (14) or (15),
or upon order of a court of competent jurisdiction. The restriction contained
in this section shall not apply to inspection or release of written accounts
made under ORS 179.505 (3) with the consent of the individual concerned, or in
case of the incompetence of the inmate, by the legal guardian of the inmate.
(2) Except as authorized under subsection (1) of this section,
any person who releases or any person who knowingly obtains information from
any record referred to in subsection (1) of this section commits a Class B violation.
SECTION 166.
ORS 208.990 is amended to read:
208.990. Any county treasurer failing to comply with ORS
208.020 for a period of 10 days [is
punishable, upon conviction, by]
commits a Class A violation and the court shall impose a fine of not less
than $500 [nor more than $1,000].
SECTION 167.
ORS 236.990 is amended to read:
236.990. Violation of ORS 236.145 is [punishable, upon conviction, by a fine not to exceed $1,000] a Class A violation.
SECTION 168.
ORS 264.990 is amended to read:
264.990. Violation of any provision of ORS 264.346 is [punishable, upon conviction, by a fine of
not less than $10 nor more than $100 for each such offense] a Class D violation. Each day's
refusal to remove fire hazards after notice by the inspecting officer to the
owner or occupant of the premises whereon such hazard exists shall constitute a
separate offense.
SECTION 169.
ORS 273.558 is amended to read:
273.558. (1) Violation of a rule adopted under ORS 273.553 (3)
is [punishable, upon conviction, by a
fine of not more than $100] a Class
D violation for each day of violation.
(2) In addition to all other remedies, when it appears to the
South Slough Estuarine Sanctuary Management Commission that a person has
engaged in, or is engaging in, any act which violates a rule adopted under ORS
273.553 (3), the commission may direct the Attorney General to apply to the
court for an injunction restraining the person from violating such rule.
SECTION 170.
ORS 276.990 is amended to read:
276.990. (1) Subject to
section 76 of this 1999 Act, a person who violates any rule lawfully
promulgated under ORS 276.001 to 276.736 and this section commits a Class A violation.
(2) Any agency or officer of the state having authority to
regulate parking may enter into agreements or contracts with any county, city
or political subdivision under such terms as the agency or officer considers
advisable to prosecute violations of subsection (1) of this section.
(3) Any person who in any way intentionally or maliciously
damages or obstructs any water line of the public buildings and grounds or state
institution or in any way contaminates or renders the water impure or injurious
is guilty of a misdemeanor and shall, upon conviction, be punished as provided
in ORS 431.990 for violation of the statutes enumerated therein.
SECTION 171.
ORS 283.990 is amended to read:
283.990. Violation of ORS 283.395 is [punishable, upon conviction, by a fine of not less than $25 nor more
than $100] a Class D violation.
SECTION 172.
ORS 291.990 is amended to read:
291.990. (1) Any person who makes or orders or votes to make
any expenditure in violation of any of the provisions of ORS 279.805, 279.826,
279.828, 283.010, 283.020, 283.110, 283.130 to 283.190 and 283.305 to 283.390
or 291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260 and 291.307, or
who makes or authorizes or causes to be made any disbursement of funds from the
State Treasury in violation of any of the provisions of ORS 279.805, 279.826,
279.828, 283.010, 283.020, 283.110, 283.130 to 283.190 and 283.305 to 283.390
or 291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260 and 291.307, commits a violation, and shall, upon
conviction, be punished by a fine of not less than $500 nor more than $3,000.
(2) If any person incurs or orders or votes to incur an
obligation in violation of any of the provisions of ORS 279.805, 279.826,
279.828, 283.010, 283.020, 283.110, 283.130 to 283.190 and 283.305 to 283.390
or 291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260 and 291.307, the
person and the sureties on the bond of the person shall be jointly and
severally liable therefor to the person in whose favor the obligation was
incurred.
(3) Upon certification by the Oregon Department of
Administrative Services that any state officer or employee of a state agency
has failed or refused to comply with any order, rule or regulation made by the
department in accordance with the provisions of ORS 279.805, 279.826, 279.828,
283.010, 283.020, 283.110, 283.130 to 283.190 and 283.305 to 283.390 or 291.001
to 291.034, 291.201 to 291.222, 291.232 to 291.260 and 291.307, the salary of
such officer or employee shall not be paid until such order, rule or regulation
is complied with.
(4) Any violation of ORS 279.805, 279.826, 279.828, 283.010,
283.020, 283.110, 283.130 to 283.190 and 283.305 to 283.390 or 291.001 to
291.034, 291.201 to 291.222, 291.232 to 291.260 and 291.307, for which no other
penalty is provided in this section, is [punishable,
upon conviction, by a fine of not more than $1,000] a Class A violation.
SECTION 173.
ORS 293.990 is amended to read:
293.990. (1) Any person, official or state agent violating ORS
293.265 to 293.280 or failing to comply with any of the requirements of those
sections within the time provided shall be liable on the official bond of the
person, officer or state agent and shall, upon conviction thereof, be punished
by a fine not exceeding $1,000 or by imprisonment in the county jail for a
period not exceeding one year, or both.
(2) In addition to civil liability, violation of ORS 293.620 is
[punishable, upon conviction, by a fine
of not less than $25 nor more than $500 and the] a Class A violation. Upon conviction, the defendant is liable for all
costs of the prosecution in accordance with ORS 151.505 or 161.665.
SECTION 174.
ORS 308.990 is amended to read:
308.990. (1) Violation of ORS 308.320 (3) or of ORS 308.330 is
a misdemeanor. The judgment of conviction of any assessor for such a violation
shall of itself work a forfeiture of the office of the assessor.
(2) Any taxpayer or managing officer thereof who fails to
furnish, after written demand so to do by the assessor or the county board of
equalization having jurisdiction or the Department of Revenue, any information
or, upon like demand, fails to produce any books, records, papers or documents
required by ORS 308.285 or 308.335 to be furnished by the taxpayer or managing
officer to the county assessor, the county board of property tax appeals or the
Department of Revenue, is guilty of a misdemeanor and, upon conviction, is
punishable by a fine of not less than $25 nor more than $1,000. Circuit courts
shall have jurisdiction in the trial of such offenses.
(3) Any person, firm, association or corporation, or agent or
managing officer thereof, who presents or furnishes to the Director of the
Department of Revenue any statement, required by ORS 308.335[,] or required by the director under the
authority of ORS 308.335, [which
statement] that is willfully
false or fraudulent, [is liable to a
penalty of not less than $100 nor more than $1,000] commits a Class A violation and upon conviction the court shall impose
a fine of not less than $100. [The
penalty shall be recovered by the Attorney General, in the name of the state,
by action in any court of competent jurisdiction.]
(4) Any person who willfully presents or furnishes to the
director any statement[,] required by
ORS 308.505 to 308.665 [which statement]
that is false or fraudulent is
guilty of perjury and, upon conviction, shall be punished as otherwise provided
by law for such crime.
(5) Subject to section
76 of this 1999 Act, any willful violation of ORS 308.413 or of any rules
adopted under ORS 308.413 is punishable, upon conviction, by a fine not
exceeding $10,000, or by imprisonment in the county jail for not more than one
year, or by both.
SECTION 175.
ORS 311.990 is amended to read:
311.990. (1) Violation of ORS 311.270 is [punishable,] a Class B
violation, and upon conviction, [by] the court shall impose a fine of not
less than $100 [nor more than $300].
(2) Violation of ORS 311.350 is punishable, upon conviction, by
a fine not exceeding $500 or by imprisonment in the county jail not exceeding
six months.
(3) Violation of ORS 311.425 (1) is [punishable,] a Class A
violation [upon conviction, by a fine
of not less than $50 nor more than $1,000].
(4) If a tax collector fails to comply with any of the
provisions of law relating to the receiving and receipting of moneys and
warrants collected by the tax collector for taxes, the tax collector [shall,] commits a Class A violation, and upon conviction thereof, [be fined] the court shall impose a fine of not less than $100. [nor
more than $1,000 and] The court before whom the tax collector is tried
shall declare the office of the tax collector vacant for the remainder of the
term of the tax collector.
(5) If a tax collector willfully returns as unpaid any tax
which has been paid to the tax collector, the tax collector shall be deemed
guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not
exceeding $500, or by imprisonment not exceeding six months, or both.
(6) If a tax collector or sheriff neglects or refuses to pay
over all moneys collected by the tax collector or sheriff for taxes to the
county treasurer, or neglects or refuses to make a return of delinquent taxes
of the county, or any other return or statement, as required by the laws
relating to the collection of property taxes, the tax collector or sheriff
shall be liable to be indicted therefor and, upon conviction, be punished by a
fine of not less than $100 nor more than $1,000, or by imprisonment not less
than six months nor more than six years, or by both.
(7) A person who knowingly makes a false oath under ORS 311.666
to 311.701 is guilty of perjury and shall be punished as provided by ORS
162.085.
SECTION 176.
ORS 357.990 is amended to read:
357.990. Violation of ORS 357.975 is [punishable upon conviction by a fine of not less than $25 nor more than
$250] a Class B violation. Such
conviction and payment of the fine shall not be construed to constitute payment
for library material nor shall a person convicted under this section be thereby
relieved of any obligation to return to the library such material.
SECTION 177.
ORS 410.990 is amended to read:
410.990. A person who violates ORS 124.060 commits a Class A violation [punishable by a fine of $500].
SECTION 178.
ORS 418.990 is amended to read:
418.990. (1) A person who violates ORS 418.130 or 418.140 (1)
commits a Class A misdemeanor.
(2) A person who violates ORS 418.250 (2), 418.255, 418.290 or
418.300 commits a Class D violation
[punishable by a fine not exceeding $100].
(3) A person who violates ORS 418.630 commits a Class B
misdemeanor.
(4) Violation of ORS 418.215, 418.250 (1) or 418.327 (3) is a
Class A misdemeanor. Each day of violation is a separate offense.
SECTION 179.
ORS 419A.100 is amended to read:
419A.100. (1) Before beginning to serve on a local citizen
review board, each member shall swear or affirm to the court that the member
shall keep confidential the information reviewed by the board and its actions
and recommendations in individual cases.
(2) The members and staff of a local citizen review board are
not subject to subpoena to appear in court to testify regarding information
reviewed by the board or actions taken or recommendations made by the board in
individual cases.
(3) A member of a local citizen review board who violates the
duty imposed by subsection (1) of this section commits a Class A violation [punishable
by a fine not exceeding $1,000].
SECTION 180.
ORS 419B.010 is amended to read:
419B.010. (1) Any public or private official having reasonable
cause to believe that any child with whom the official comes in contact has
suffered abuse or that any person with whom the official comes in contact has
abused a child shall immediately report or cause a report to be made in the
manner required in ORS 419B.015. Nothing contained in ORS 40.225 to 40.295
shall affect the duty to report imposed by this section, except that a
psychiatrist, psychologist, clergyman or attorney shall not be required to
report such information communicated by a person if the communication is
privileged under ORS 40.225 to 40.295.
(2) A person who violates subsection (1) of this section
commits a Class A violation [punishable by a fine not exceeding $1,000].
Prosecution under this subsection shall be commenced at any time within 18
months after commission of the offense.
SECTION 180a.
If House Bill 2226 becomes law, section
180 of this 1999 Act (amending ORS 419B.010) is repealed and ORS 419B.010, as
amended by section 2, chapter [Vetoed], Oregon Laws 1999 (Enrolled House
Bill 2226), is amended to read:
419B.010. (1) A public or private official shall immediately
report or cause a report to be made in the manner required in ORS 419B.015 if
the official has reasonable cause to believe that:
(a) Any child with whom the official comes in contact has
suffered abuse; or
(b) Any person with whom the official comes in contact has
abused a child. Nothing contained in ORS 40.225 to 40.295 shall affect the duty
to report imposed by this section, except that a psychiatrist, psychologist,
clergyman or attorney shall not be required to report such information
communicated by a person if the communication is privileged under ORS 40.225 to
40.295.
(2) A person who violates subsection (1) of this section
commits a violation punishable[,
notwithstanding ORS 161.635,] by a fine not exceeding $10,000. Prosecution
under this subsection shall be commenced at any time within 18 months after
commission of the offense.
(3) Violation of subsection (1) or (5) of this section does not
give rise to a private right of action or claim for relief. This subsection
does not bar or restrict a private right of action or claim for relief based on
a failure to report suspected abuse of a child that breaches a duty other than
that created by subsection (1) of this section.
(4) When a person violates subsection (1) of this section,
either the state agency that licenses or registers the person or the employer
of the person may take disciplinary action against the person. As used in this
subsection, "state agency" has the meaning given that term in ORS
192.005.
(5) When a law enforcement agency or the State Office for
Services to Children and Families has reasonable cause to believe that a person
has failed to report as required by subsection (1) of this section, the law
enforcement agency or the state office shall notify the employer of the person
or the state agency that licenses or registers the person.
SECTION 181.
ORS 419B.035 is amended to read:
419B.035. (1) Notwithstanding the provisions of ORS 192.001 to
192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to confidentiality
and accessibility for public inspection of public records and public documents,
reports and records compiled under the provisions of ORS 419B.010 to 419B.050
are confidential and are not accessible for public inspection. However, the
State Office for Services to Children and Families shall make records available
to:
(a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child abuse;
(b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician for
examination, care or treatment;
(c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
(d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status of children,
youths and youth offenders under the jurisdiction of the juvenile court under
ORS 419B.100 and 419C.005. Citizen review boards may make such records
available to participants in case reviews;
(e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected to child
abuse or neglect; and
(f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities.
(2) The State Office for Services to Children and Families may
make reports and records available to any person, administrative hearings
officer, court, agency, organization or other entity when the office determines
that such disclosure is necessary to administer its child welfare services and
is in the best interests of the affected child, or that such disclosure is
necessary to investigate, prevent or treat child abuse and neglect, to protect
children from abuse and neglect or for research when the assistant director
gives prior written approval. The office shall adopt rules setting forth the
procedures by which it will make the disclosures authorized under this
subsection and subsection (1) of this section. The names, addresses or other
identifying information about the person who made the report shall not be
disclosed pursuant to this subsection and subsection (1) of this section.
(3) Any record made available to a law enforcement agency in
this state or to a physician in this state, as authorized by subsections (1)
and (2) of this section, shall be kept confidential by the agency or physician.
Any record or report disclosed by the office to other persons or entities
pursuant to subsections (1) and (2) of this section shall be kept confidential.
(4) No officer or employee of the State Office for Services to
Children and Families or any person or entity to whom disclosure is made
pursuant to subsections (1) and (2) of this section shall release any
information not authorized by subsections (1) and (2) of this section.
(5) A person who violates subsection (3) or (4) of this section
commits a Class A violation [punishable by a fine not exceeding $1,000].
SECTION 182.
ORS 433.990 is amended to read:
433.990. (1) Violation of ORS 433.004 or 433.008, 433.255,
433.260 or 433.715 is a Class A misdemeanor.
(2) Violation of ORS 433.010 is punishable, upon conviction, by
imprisonment in the custody of the Department of Corrections for not more than
three years.
(3) Violation of ORS 433.710 is [punishable, upon conviction, by a fine of not less than $5 nor more
than $50] a Class D violation.
If the nuisance is not removed within five days after the first offense, it is
considered a second offense and every like neglect of each succeeding five days
thereafter is considered an additional offense.
(4) Violation of ORS 433.035 is punishable upon conviction by a
fine of not less than $10 nor more than $100, or by imprisonment for not less
than 10 days nor more than 30 days, or by both.
(5) Violation of ORS 433.850 (2) or (4) is a Class D violation punishable by [a fine or] fines totaling not more than
$100 in any 30-day period.
(6) Violation of ORS 433.345 or 433.365 or failure to obey any
lawful order of the Assistant Director for Health issued under ORS 433.350 is a
misdemeanor.
(7) Any organizer, as defined in ORS 433.735, violating ORS
433.745 is punishable, upon conviction, by a fine of not more than $10,000.
SECTION 183.
ORS 441.990 is amended to read:
441.990. (1) Violation of ORS 441.015 (1) is a violation
punishable, upon conviction, by a fine of not more than $100 for the first
violation and not more than $500 for each subsequent violation. Each day of
continuing violation after a first conviction shall be considered a subsequent
violation.
(2)(a) Violation of ORS 441.815 (1) is a violation punishable
by a fine of $10.
(b) Violation of ORS 441.815 (2) or (3) is a Class D violation [punishable by a fine of $100].
(3) Any person who willfully prevents, interferes with, or
attempts to impede in any way the work of any duly authorized representative of
the Senior and Disabled Services Division in the lawful carrying out of the
provisions of ORS 441.087 (1) is guilty of a Class C misdemeanor.
(4) The removal of the notice required by ORS 441.030 (5) by
any person other than an official of the Health Division or the Senior and
Disabled Services Division of the Department of Human Resources, as
appropriate, is a Class C misdemeanor.
SECTION 184.
ORS 452.990 is amended to read:
452.990. (1) Violation of ORS 452.250 is a Class C misdemeanor.
(2) Subject to section
76 of this 1999 Act, failure to comply with any provision of ORS 452.610 to
452.630 and this subsection or any rule promulgated pursuant thereto is a Class B violation.
SECTION 185.
ORS 469.990 is amended to read:
469.990. (1) In addition to any penalties under subsection (2)
of this section, a person who discloses confidential information in violation
of ORS 469.090, willfully or with criminal negligence, as defined by ORS
161.085, may be subject to removal from office or immediate dismissal from
public employment.
(2)(a) Willful disclosure of confidential information in
violation of ORS 469.090 is punishable upon conviction, by a fine of not more
than $10,000 or imprisonment for up to one year, or both, for each offense.
(b) Disclosure of confidential information in violation of ORS
469.090 with criminal negligence, as defined by ORS 161.085, is [punishable, upon conviction, by a fine of
not more than $1,000 for each offense]
a Class A violation.
(3) Any person who violates ORS 469.825 commits a Class A
misdemeanor.
SECTION 186.
ORS 471.430 is amended to read:
471.430. (1) No person under the age of 21 years shall attempt
to purchase, purchase or acquire alcoholic liquor. Except when such minor is in
a private residence accompanied by the parent or guardian of the minor and with
such parent's or guardian's consent, no person under the age of 21 years shall
have personal possession of alcoholic liquor.
(2) For the purposes of this section, personal possession of
alcoholic liquor includes the acceptance or consumption of a bottle of such
liquor, or any portion thereof or a drink of such liquor. However, this section
does not prohibit the acceptance or consumption by any person of sacramental
wine as part of a religious rite or service.
(3) Except as authorized by rule or as necessitated in an
emergency, no person under the age of 21 years shall enter or attempt to enter
any portion of a licensed premises that is posted or otherwise identified as
being prohibited to the use of minors.
(4) Any person who violates subsection (1) or (3) of this
section commits a Class B violation
[punishable by a fine of not more than
$250].
(5) In addition to and not in lieu of any other penalty
established by law, a person under 21 years of age who violates subsection (1)
of this section through misrepresentation of age may be required to perform
community service and the court shall order that the person's driving
privileges and right to apply for driving privileges be suspended for a period
not to exceed one year. If a court has issued an order denying driving
privileges under this section, the court, upon petition of the person, may
withdraw the order at any time the court deems appropriate. The court
notification to the Department of Transportation under this subsection may
include a recommendation that the person be granted a hardship permit under ORS
807.240 if the person is otherwise eligible for the permit.
SECTION 187.
ORS 471.990 is amended to read:
471.990. (1) Except where other punishment is specifically
provided for, violation of any provision of this chapter and ORS 474.105 and
474.115 is a misdemeanor.
(2) Except as otherwise specifically provided, municipal,
justice and circuit courts have concurrent jurisdiction of all violations of
this chapter and ORS 474.105 and 474.115 committed within their respective
jurisdictions.
(3) A second or subsequent violation of ORS 471.440 is
punishable upon conviction by imprisonment in the custody of the Department of
Corrections for not more than three years and by a fine of not more than
$3,000.
(4) Subject to section
76 of this 1999 Act, violation of any regulation promulgated under ORS
471.730 (5) is [punishable upon
conviction by a fine of not more than $200] a Class C violation.
SECTION 188.
ORS 478.990 is amended to read:
478.990. (1) Violation of any provision of ORS 478.930 is [punishable, upon conviction, by a fine of
not less than $10 nor more than $100 for each offense] a Class D violation. Each day's refusal to remove fire hazards
after notice by the inspecting officer to the owner of the premises where the
hazard exists is a separate offense.
(2) Burning without a permit required under ORS 478.960 (1) or
in violation of a condition thereof is a misdemeanor.
(3) Violation of ORS 478.960 (4) is a misdemeanor.
(4) Subject to sections
76 and 78 of this 1999 Act, violation of any rule or regulation made by a
district, city, municipal corporation or governmental agency pursuant to ORS
478.300 (2) is a misdemeanor. Violations may be prosecuted in state or
municipal courts when violations occur in the municipality making such rules or
regulations. Justice courts have concurrent jurisdiction with circuit courts of
violations.
SECTION 189.
ORS 479.015 is amended to read:
479.015. (1) It shall be unlawful for any person to smoke
cigars, cigarettes or tobacco in any form or to ignite any substance in an
elevator used by the public.
(2) A "No Smoking" sign shall be posted and
maintained in a conspicuous place on or within any elevator operated in
accordance with subsection (1) of this section, pursuant to rules of the State
Fire Marshal.
(3) Any person who violates subsection (1) of this section
shall incur a penalty of $10 for each such violation.
(4) Any person who violates subsection (2) of this section [shall be punished upon conviction by a fine
of $100] commits a Class D violation.
SECTION 190.
ORS 479.990 is amended to read:
479.990. (1) Violation of any provision of ORS 479.020 to
479.130 or 479.160, or failure, neglect or refusal to comply with any
requirements in these sections, is [punishable,
upon conviction, by a fine of not more than $50] a Class D violation. Each day's violation of or failure to comply
with these provisions shall be deemed a separate offense.
(2) Violation of any provision of ORS 479.130 is [punishable, upon conviction, by a fine of
not more than $50] a Class D
violation. Each day's violation shall be deemed a separate offense.
(3) Violation of ORS 479.150 is punishable, upon conviction, by
a fine of not less than $10 nor more than $100, or by imprisonment in the
county jail not less than 10 days nor more than six months, or both. Each day
of failure to comply with the provisions of ORS 479.150 shall be deemed a
separate offense.
(4) Any owner or occupant of any building or premises who fails
to comply with any order provided for in ORS 479.170 and not appealed from, or
with any such order of the State Fire Marshal upon appeal to the State Fire
Marshal, [shall be punished by a fine of
not more than $500 for each violation]
commits a Class A violation. [Actions
therefor shall be brought in the name of the state by the Attorney General or
district attorney in any court of competent jurisdiction in the county where
the building or premises are located.] All penalties, fees or forfeitures
collected under the provisions of this subsection shall be paid into the State
Treasury.
(5) Violation of any provision of ORS 479.510 to 479.945 is
punishable, upon conviction, by a fine of not less than $100 nor more than
$5,000.
(6) Violation of ORS 479.255, 479.260, 479.270, 479.297 or
479.300 is [punishable by a fine of not
to exceed $250] a Class B violation.
SECTION 191.
ORS 479.990, as amended by section 7, chapter 647, Oregon Laws 1997, is amended
to read:
479.990. (1) Violation of any provision of ORS 479.020 to
479.130 or 479.160, or failure, neglect or refusal to comply with any
requirements in these sections, is [punishable,
upon conviction, by a fine of not more than $50] a Class D violation. Each day's violation of or failure to comply
with these provisions shall be deemed a separate offense.
(2) Violation of any provision of ORS 479.130 is [punishable, upon conviction, by a fine of
not more than $50] a Class D
violation. Each day's violation shall be deemed a separate offense.
(3) Violation of ORS 479.150 is punishable, upon conviction, by
a fine of not less than $10 nor more than $100, or by imprisonment in the
county jail not less than 10 days nor more than six months, or both. Each day
of failure to comply with the provisions of ORS 479.150 shall be deemed a
separate offense.
(4) Any owner or occupant of any building or premises who fails
to comply with any order provided for in ORS 479.170 and not appealed from, or
with any such order of the State Fire Marshal upon appeal to the State Fire
Marshal, [shall be punished by a fine of
not more than $500 for each violation]
commits a Class A violation. [Actions
therefor shall be brought in the name of the state by the Attorney General or
district attorney in any court of competent jurisdiction in the county where
the building or premises are located.] All penalties, fees or forfeitures
collected under the provisions of this subsection shall be paid into the State
Treasury.
(5) Violation of any provision of ORS 479.510 to 479.945 is
punishable, upon conviction, by a fine of not less than $100 nor more than
$5,000.
(6) Violation of ORS 479.255, 479.260, 479.270, 479.297 or
479.300 or section 4, chapter 647, Oregon Laws 1997, is [punishable by a fine of not to exceed $250] a Class B violation.
SECTION 192. Nothing in the amendments to ORS 479.990 by
section 190 or 191 of this 1999 Act affects the operative date provisions of
section 8, chapter 647, Oregon Laws 1997.
SECTION 192a.
If House Bill 2586 becomes law, sections
190 and 191 (amending ORS 479.990) and section 192 of this 1999 Act are
repealed.
SECTION 193.
ORS 480.990 is amended to read:
480.990. (1) Violation of any provision of ORS 480.010 to
480.040 is [punishable, upon conviction,
by a fine of not more than $250] a
Class B violation.
(2) Violation of any provision of ORS 480.050, 480.060 or
480.290 is a Class C misdemeanor.
(3) Violation of ORS 480.070 is a Class A misdemeanor.
(4) Violation of ORS 480.085 is [punishable, upon conviction, by a fine of not more than $250] a Class B violation.
(5) Violation of any provision of ORS 480.110 to 480.165 is a
Class B misdemeanor. Violations thereof may be prosecuted in state or municipal
courts when violations occur within the municipality served thereby. Justice
courts shall have concurrent jurisdiction with circuit courts in all proceedings
arising within ORS 480.110 to 480.165.
(6) Subject to section
76 of this 1999 Act, violation of any provision of ORS 480.210, 480.215 and
480.235 to 480.265 or of any rule or regulation adopted under ORS 480.280 (1)
is a Class B misdemeanor.
(7) Violation of any provision of ORS 480.420 to 480.460 is [punishable, upon conviction, by a fine of
not more than $250] a Class B
violation.
(8) Subject to section
76 of this 1999 Act, violation of any provision of ORS 480.510 to 480.665,
or any rule promulgated pursuant thereto, is a Class A misdemeanor. Whenever
the Board of Boiler Rules has reason to believe that any person is liable to
punishment under this subsection, it may certify the facts to the Attorney
General, who may cause an appropriate proceeding to be brought.
SECTION 194.
ORS 498.153 is amended to read:
498.153. (1) A person who operates or parks a motor-propelled
vehicle in violation of restrictions established and posted under ORS 498.152
commits an offense punishable as provided in ORS 496.992.
(2) Except as otherwise provided in subsection (1) of this
section, a person who is the owner of an unattended motor-propelled vehicle
parked in violation of restrictions established and posted under ORS 498.152 is
guilty of a Class A violation [punishable as described in ORS 161.635]
without regard to culpable mental state.
(3) It is an affirmative defense to a prosecution under
subsection (2) of this section that the use of the vehicle was not authorized
by the owner, either expressly or by implication.
SECTION 195.
ORS 498.993 is amended to read:
498.993. Violation of any provision of ORS 498.029 or 498.400
to 498.464 is [punishable upon
conviction, in the case of] a Class
A violation, if committed by an individual[, by a fine not to exceed $1,000; or in the case of]. If the violation is committed by any
person other than an individual, violation
of any provision of ORS 498.029 or 498.400 to 498.464 is a violation punishable
by a fine not to exceed $10,000.
SECTION 196.
ORS 517.990 is amended to read:
517.990. (1) Any landowner or operator who [shall conduct] conducts a surface mining operation, for which a permit is
required by ORS 517.750 to 517.900, without a valid operating permit therefor [shall be punished, upon conviction, by a
fine of not more than $1,000]
commits a Class A violation.
(2) Subject to section
76 of this 1999 Act, violation of any provision of ORS 517.750 to 517.900,
or any rules promulgated pursuant thereto, or of any conditions of an operating
permit is [punishable, upon conviction,
by a fine of not more than $1,000] a
Class A violation.
(3) Subject to section
76 of this 1999 Act, violation of ORS 517.910 to 517.951, or any rules
promulgated pursuant thereto, or of any conditions of an operating permit for a
nonaggregate surface mining operation is punishable, upon conviction, by a fine
of not more than $10,000.
(4) Notwithstanding any other provision of the law, any
landowner or operator who conducts a nonaggregate surface mining operation,
without a valid operating permit as required by ORS 517.910 to 517.951 shall be
punished, upon conviction, by a fine of not more than $10,000.
SECTION 197.
ORS 549.990 is amended to read:
549.990. (1) Subject to
section 76 of this 1999 Act, violation of ORS 549.180 is [punishable, upon conviction, by a fine of
not more than $100 and costs] a
Class D violation, and the violator shall be compelled to restore the
drainage to the condition previously existing.
(2) Violation of ORS 549.400 is punishable, upon conviction, by
a fine of not less than $10 nor more than $25, or by imprisonment in the county
jail for not more than 10 days, or both. Justice courts shall have concurrent
jurisdiction with the circuit court over violations of ORS 549.400.
SECTION 198.
ORS 552.992 is amended to read:
552.992. Subject to
section 76 of this 1999 Act, violation of any regulation adopted under ORS
552.345 is a Class B violation [punishable upon conviction by a fine not to
exceed $250].
SECTION 199.
ORS 561.990 is amended to read:
561.990. (1) Violation of ORS 561.170 is [punishable, upon conviction, by a fine of not to exceed $200] a Class C violation.
(2) Violation of ORS 561.200 is punishable, upon conviction, by
a fine of not to exceed $100 or by imprisonment for not more than 30 days, or
both.
(3) Violation of ORS 561.220 or 561.230 is a misdemeanor.
(4) Violation of ORS 561.590 is punishable, upon conviction, by
a fine of not less than $500 nor more than $5,000.
(5) Violation of any of the provisions of ORS 561.605 to
561.630 is [punishable, upon conviction,
by a fine of not less than $10 nor more than $100] a Class D violation.
SECTION 200.
ORS 564.991 is amended to read:
564.991. Subject to
section 76 of this 1999 Act, violation of this chapter and regulations
authorized by ORS 564.040 is [punishable,
upon conviction, by a fine of not more than $500] a Class A violation.
SECTION 201.
ORS 565.990 is amended to read:
565.990. (1) Violation of ORS 565.610 is [punishable, upon conviction, by a fine of not less than $10 nor more
than $100] a Class D violation.
Any person who, after conviction and fine for a violation of ORS 565.610,
repeats the offense shall, upon conviction, be fined double the maximum amount
imposed by this subsection for the first violation.
(2) Violation of ORS 565.620 is punishable, upon conviction, by
a fine of [not less than] $5 [nor more than $10].
SECTION 202.
ORS 570.990 is amended to read:
570.990. Violation of ORS 570.010 to 570.050, 570.105 to
570.200, 570.320 to 570.360, 570.410 and 570.515 to 570.600 is [punishable, upon conviction, by a fine not
to exceed $500] a Class A violation.
SECTION 203.
ORS 576.991 is amended to read:
576.991. (1) Violation of the provisions of ORS 576.024 is [punishable, upon conviction, by a fine of
not exceeding $250] a Class B
violation.
(2) Violation of any provision of ORS 576.051 to 576.584 is
punishable, upon conviction, by a fine of not more than $500, or by
imprisonment in the county jail for not more than 90 days, or both.
(3) Justice courts shall have concurrent jurisdiction with
circuit courts in all prosecutions under ORS 576.051 to 576.584.
(4) Violation of ORS 576.805 is a misdemeanor.
SECTION 204.
ORS 583.993 is amended to read:
583.993. (1) Subject to
section 76 of this 1999 Act, violation of any provision of ORS 583.001 to
583.565 or rule thereunder is [punishable,
upon conviction, by a fine of not more than $1,000] a Class A violation.
(2) Subject to section
76 of this 1999 Act, violation of any provision of ORS 583.600 to 583.630,
or of any rule promulgated pursuant thereto, is punishable, upon conviction, by
a fine not to exceed $10,000.
SECTION 205.
ORS 596.990 is amended to read:
596.990. (1) Violation of any of the provisions of ORS 596.075,
596.321, 596.331 (1) or (3), 596.351, 596.388, 596.392 (1) to (3) or (6),
596.404 to 596.416 or 596.460, or of any lawful order of the State Department
of Agriculture issued pursuant to this chapter, is [punishable, upon conviction, by a fine not exceeding $500] a Class A violation.
(2) Violation of any of the quarantine provisions of ORS
596.331 (2), 596.355, 596.392 (4) or (5) or 596.394 to 596.402 is punishable,
upon conviction, by a fine of not less than $500 nor more than $5,000.
SECTION 206.
ORS 601.990 is amended to read:
601.990. (1) Subject to
section 76 of this 1999 Act, violation of any provision of ORS 601.010 to
601.130 or any rule or regulation of the State Department of Agriculture made
under [such sections] ORS 601.010 to 601.130, is [punishable, upon conviction, by a fine of
not less than $10 nor exceeding $250]
a Class B violation.
(2) Violation of ORS 601.140 is [punishable, upon conviction, by a fine not exceeding $100] a Class D violation.
SECTION 207.
ORS 608.990 is amended to read:
608.990. (1) Violation of ORS 608.330 is punishable, upon
conviction, by a fine not exceeding $50 or by imprisonment in the county jail
not exceeding 10 days, or both.
(2) Violation of ORS 608.380 is [punishable, upon conviction, by a fine not exceeding $500] a Class A violation.
(3) Violation of ORS 608.510 is [punishable, upon conviction, by a fine of not more than $25] a Class D violation.
SECTION 208.
ORS 609.990 is amended to read:
609.990. (1) Violation of ORS 609.060, 609.100 or 609.160 is [punishable by a fine of not more than $250] a Class B violation.
(2) Violation of ORS 609.095 (2) is punishable by a fine of not
more than $25 for the first violation, or not more than $50 for each additional
violation occurring within six months of the first violation. In addition to
any fines, if a dog has been repeatedly found to be a public nuisance under ORS
609.095, the court may order such disposition of the dog as the court considers
necessary for the safety or health of the public.
(3) Violation of ORS 609.405 constitutes a Class C misdemeanor.
SECTION 209.
ORS 610.990 is amended to read:
610.990. (1) Violation of ORS 610.045 is [punishable, upon conviction, by a fine of not more than $500] a Class A violation.
(2) Violation of ORS 610.050 is punishable upon conviction by a
fine of not more than $500, or by imprisonment in the county jail not more than
one year, or both.
SECTION 210.
ORS 621.990 is amended to read:
621.990. (1) Violation of any provision of ORS 621.405, 621.440
or 621.445 is punishable, upon conviction, by a fine of not more than $1,000,
or by imprisonment in the county jail for not more than one year, or both; but,
upon a second conviction, violation of the provisions listed above in this
subsection is punishable by a fine of not more than $1,000, or by imprisonment
in the county jail for not more than one year, or both. Justice courts and
municipal courts sitting as justice courts have concurrent jurisdiction with
the circuit courts of all prosecutions arising under the provisions listed
above in this subsection. The district attorney may institute prosecutions for
violations of those provisions by information, or the prosecutions may be
instituted by indictment or by complaint verified before any magistrate. In all
prosecutions under those provisions, the fines collected shall be transmitted by
the officer collecting them to the State Treasurer and the fines so remitted
shall become a part of the General Fund of the state.
(2) Subject to section
76 of this 1999 Act, violation of any provision of ORS 621.055 to 621.120
or of any rule or regulation lawfully promulgated pursuant to those sections,
is [punishable, upon conviction, by a
fine of not more than $100] a Class
D violation. Justice courts have concurrent jurisdiction with circuit
courts of violations of ORS 621.055 to 621.120.
(3) Violation of ORS 621.124 (2) or failure to cause the
retests required by ORS 621.124 (3) to be made is [punishable, upon conviction, by a fine of not more than $100] a Class D violation.
(4) Violation of any of the provisions of ORS 621.151 to
621.286 is a misdemeanor.
(5) Subject to section
76 of this 1999 Act, violation of any provision of ORS 621.305 to 621.369
or any rule or regulation lawfully promulgated thereunder is [punishable, upon conviction, by a fine of
not more than $500] a Class A
violation. Justice courts shall have concurrent jurisdiction with circuit
courts, of all criminal actions instituted for such violations.
(6) Violation of ORS 621.410 is punishable, upon conviction, by
a fine of not more than $100, or by imprisonment in the county jail for not
more than 30 days, or both; and each subsequent violation of ORS 621.410 by a
person having been previously convicted of a violation of that section is
punishable, upon conviction, by a fine of not more than $500, or by
imprisonment in the county jail for not more than six months, or both.
(7) Violation of any provision of ORS 621.416 to 621.429 is [punishable, upon conviction, by a fine of
not more than $1,000 and the cost] a
Class A violation. Upon conviction,
a defendant shall be required to pay the necessary expenses and costs incurred
in the prosecution of the case.
(8) Violation of ORS 621.435 is [punishable, upon conviction, by a fine of not more than $500, together
with the necessary expenses and costs incurred in the prosecution of the case] a Class A violation. Upon conviction, a defendant shall be
required to pay the necessary expenses and costs incurred in the prosecution of
the case.
(9) Violation of ORS 621.666 is a misdemeanor.
(10) Violation of ORS 621.740 is punishable, upon conviction,
by a fine of not more than $2,500, or by imprisonment in the county jail for
not more than six months, or both.
(11) Violation of ORS 621.193 or 621.198 is a misdemeanor.
(12) Violation of ORS 621.418 (3) is a misdemeanor.
SECTION 210a.
If Senate Bill 234 becomes law, section
210 of this 1999 Act (amending ORS 621.990) is repealed.
SECTION 211.
ORS 625.990 is amended to read:
625.990. Violation of any provision of ORS 625.010 to 625.270
is [punishable, upon conviction, by a
fine of not less than $25 nor more than $500] a Class A violation. Justice courts have concurrent jurisdiction
with circuit courts of all criminal offenses provided for in ORS 625.010 to
625.270.
SECTION 212.
ORS 632.990 is amended to read:
632.990. (1) Violation of any provision of ORS 632.705 to
632.815 is punishable, upon conviction, by a fine of not less than $10 nor more
than $100 for the first offense, and for each subsequent offense by a fine of
not less than $25 nor more than $200.
(2) Violation of ORS 632.216 or 632.226 is punishable, upon
conviction, by a fine of not less than $10 nor more than $100 or by
imprisonment in the county jail for not less than 10 nor more than 30 days, or
both.
(3) Violation of any provision of ORS 632.405 to 632.430 is [punishable, upon conviction, by a fine of
not less than $10 nor more than $100]
a Class D violation.
(4) Violation of ORS 632.625 is punishable, upon conviction, by
a fine of not less than $10 nor more than $100, or by imprisonment in the
county jail for not less than 10 nor more than 30 days, or both.
SECTION 213.
ORS 646.990 is amended to read:
646.990. (1) Each violation of any of the provisions of ORS
646.010 to 646.180 by any person, firm or corporation, whether as principal,
agent, officer or director, is punishable, upon conviction, by a fine of not
less than $100 nor more than $500, or by imprisonment in the county jail not
exceeding six months, or by both.
(2) Violation of ORS 646.725 or 646.730 is a Class A
misdemeanor.
(3) Any person who willfully and intentionally violates any
provision of ORS 646.895 to 646.899 shall be punished by a fine of not more
than $1,000 or by imprisonment for not more than six months or both. Violation
of any order or injunction issued pursuant to ORS 646.899 (1) shall constitute
prima facie proof of a violation of this subsection.
(4) Violation of ORS 646.910 is [punishable by a fine not to exceed $50] a Class D violation.
(5) Violation of ORS 646.915 is [punishable by a fine not to exceed $50] a Class D violation.
(6) Violation of ORS 646.920 is [punishable by a fine not to exceed $50] a Class D violation.
(7) A person violating ORS 646.930 commits a Class C
misdemeanor.
SECTION 214.
ORS 649.990 is amended to read:
649.990. (1) Violation of ORS 649.030 is [punishable, upon conviction, by a fine not to exceed $100] a Class D violation. Default in the
payment of a fine shall be dealt with as provided in ORS 161.675.
(2) Intentional violation of ORS 649.070 is punishable, upon
conviction, by a fine not to exceed $500 or imprisonment not to exceed six
months.
(3) Violation of ORS 649.080 is punishable:
(a) Upon conviction, by a fine of not more than $100 or by
imprisonment for not more than 10 days.
(b) Upon a second such conviction within one year after the
first conviction, by a fine of not more than $200 or by imprisonment for not
more than 20 days, or both.
(c) Upon a third or subsequent conviction within one year after
the first conviction, by a fine of not more than $500 or by imprisonment for
not more than six months, or both.
SECTION 215.
ORS 652.990 is amended to read:
652.990. (1) Violation of ORS 652.020 (2) is [punishable, upon conviction, by a fine of
not less than $50 nor more than $500]
a Class A violation. Every day's violation is deemed a separate offense.
(2) Any person, body corporate, general manager or employer who
violates ORS 652.040 or causes ORS 652.040 to be violated is punishable, upon
conviction, by a fine of not less than $50, nor more than $300, or by
imprisonment in the county jail for not less than 30 days, nor more than three
months, or both.
(3) Violation of ORS 652.110 or 652.120 is [punishable, upon conviction, by a fine of
not more than $500] a Class A
violation.
(4) Violation of ORS 652.130 by any employer is punishable,
upon conviction, by a fine of not more than $500 or by imprisonment in the
county jail for not more than 60 days, or by both. Justice courts and circuit
courts shall have concurrent jurisdiction in all cases arising under this
subsection.
(5) In addition to the civil damages recoverable under ORS
652.230, violation of ORS 652.210 to 652.230 is a misdemeanor.
(6) The violation of ORS 652.240 is a misdemeanor.
(7) Violation of ORS 652.355 is a Class C misdemeanor.
(8) Violation of ORS 652.610 or 652.620 is [punishable, upon conviction, by a fine of
not less than $10 nor more than $100 for each offense] a Class D violation.
(9) Willful violation of ORS 652.635 or 652.640 by a producer
or agent of the producer is a misdemeanor.
(10) Violation of any of the provisions of ORS 652.710 or
652.720 by any employer is [punishable,
upon conviction, by a fine of not less than $50 nor more than $500] a Class A violation.
SECTION 216.
ORS 656.990 is amended to read:
656.990. (1) Any person who knowingly makes any false statement
or representation to the Workers' Compensation Board or its employees, the
Director of the Department of Consumer and Business Services or employees of
the director, the insurer or self-insured employer for the purpose of obtaining
any benefit or payment under this chapter, either for self or any other person,
or who knowingly misrepresents to the board, the director or the corporation or
any of their representatives the amount of a payroll, or who knowingly submits
a false payroll report to the board, the director or the corporation, is
punishable, upon conviction, by imprisonment for a term of not more than one
year or by a fine of not more than $1,000, or by both.
(2) Violation of ORS 656.052 is [punishable, upon conviction, by a fine of not less than $25 nor more
than $100] a Class D violation.
Each day during which an employer engages in any subject occupation in
violation of ORS 656.052 constitutes a separate offense.
(3) Violation of ORS 656.056 is [punishable, upon conviction, by a fine of not less than $10 nor more
than $100] a Class D violation.
(4) The individual refusing to keep the payroll in accordance
with ORS 656.726 or 656.758 when demanded by the director or corporation, is
punishable, upon conviction, by a fine of not more than $100 or by imprisonment
in the county jail for not more than 90 days, or by both. Circuit courts and
justice courts shall have concurrent jurisdiction of this offense.
(5) Failure on the part of an employer to send the signed
payroll statement required by ORS 656.504 within 30 days after receipt of
notice by the director or corporation is a misdemeanor.
(6) Violation of ORS 656.560 (4) is [punishable, upon conviction, by a fine of not less than $25 nor more
than $100] a Class D violation.
SECTION 217.
ORS 662.992 is amended to read:
662.992. (1) Violation of ORS 662.225 is a misdemeanor.
(2) Violation of ORS 662.215 is [punishable, upon conviction, by a fine of not more than $1,000] a Class A violation.
SECTION 218.
ORS 685.990 is amended to read:
685.990. Violation of any provision of this chapter is [punishable, upon conviction, by a fine of
not less than $50 nor more than $500]
a Class A violation.
SECTION 219.
ORS 697.990 is amended to read:
697.990. (1) Violation of ORS 697.015 or 697.058 by an
individual is [punishable, upon
conviction, by a fine of not more than $1,000] a Class A violation.
(2) Violation of ORS 697.015 or 697.058 by a corporation is [punishable, upon conviction, by a fine of
not more than $1,000] a Class A
violation. Any officer or agent of a corporation or association who
personally participates in any violation of ORS 697.015 or 697.058 by such
corporation or association is subject to the penalty prescribed in subsection
(1) of this section.
(3) Violation of ORS 697.612 or any provision of ORS 697.652 to
697.702 is punishable, upon conviction, as a Class A misdemeanor.
SECTION 220.
ORS 703.995 is amended to read:
703.995. (1) In addition to any other penalty provided by law,
a person who violates any provision of ORS 703.401 to 703.490, 703.993 and
703.995 or any rule adopted thereunder is subject to payment of a civil penalty
in an amount of not more than $1,000 for each offense.
(2) A licensed investigator or registered operative who fails
to carry the identification card as required by ORS 703.435 [shall be subject to a fine not to exceed
$500] commits a Class A violation.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(4) Judicial review of civil penalties imposed under this
section shall be as provided under ORS 183.480, except that the court may
reduce the amount of the penalty.
SECTION 221.
ORS 746.991 is amended to read:
746.991. Violation of ORS 746.280 to 746.292 is [punishable by a fine not exceeding $100] a Class D violation.
SECTION 222.
ORS 748.990 is amended to read:
748.990. (1) Any person who willfully makes a false or
fraudulent statement in or relating to an application for membership, or for
the purpose of obtaining money from or a benefit in any society, shall upon
conviction be fined not less than $100 nor more than $500, imprisoned in the
county jail for not less than 30 days nor more than one year, or both.
(2) Any person who willfully makes a false or fraudulent
statement in any verified report or declaration under oath required or
authorized by this chapter, or of any material fact or thing contained in a
sworn statement concerning the death or disability of an insured for the
purpose of procuring payment of a benefit named in the certificate, shall be
guilty of perjury and shall be subject to the penalties prescribed by law.
(3) Any person who solicits membership for, or in any manner
assists in procuring membership in, any society not licensed to do business in
this state [shall upon conviction be
fined not less than $50 nor more than $200] commits a Class C violation.
(4) Any person guilty of a willful violation of, or neglect or
refusal to comply with, the provisions of this chapter for which a penalty is
not otherwise prescribed, [shall upon
conviction be subject to a fine not exceeding $200] commits a Class C violation.
SECTION 223.
ORS 756.990 is amended to read:
756.990. (1) Any public utility or telecommunications utility
that fails to comply with an order or subpoena issued pursuant to ORS 756.090
shall forfeit, for each day it so fails, a sum of not less than $50 nor more
than $500.
(2) Except where a penalty is otherwise provided by law, any
public utility, telecommunications utility or other person subject to the
jurisdiction of the Public Utility Commission shall forfeit a sum of not less
than $100 nor more than $10,000 for each time that the person:
(a) Violates any statute administered by the commission;
(b) Does any act prohibited, or fails to perform any duty
enjoined upon the person;
(c) Fails to obey any lawful requirement or order made by the
commission; or
(d) Fails to obey any judgment or decree made by any court upon
the application of the commission.
(3) Violation of ORS 756.115 is [punishable, upon conviction, by a fine of not less than $1,000 for each
offense] a Class A violation. A
penalty of not less than $500 nor more than $1,000 shall be recovered from the
public utility or telecommunications utility for each such offense when such
officer, agent or employee acted in obedience to the direction, instruction or
request of the public utility, telecommunications utility or any general
officer thereof.
(4) Violation of ORS 756.125 is punishable, upon conviction, by
a fine of not more than $100 or imprisonment for not more than 30 days, or
both. Any public utility or telecommunications utility that knowingly permits
the violation of ORS 756.125 shall forfeit, upon conviction, not more than
$1,000 for each offense.
(5) Violation of ORS 756.543 (1) is punishable, upon
conviction, by a fine of not less than $100 nor more than $1,000, or by
imprisonment in the county jail for not more than one year, or both.
(6) In construing and enforcing this section, the act, omission
or failure of any officer, agent or other person acting for or employed by any
public utility, telecommunications utility or other person subject to the
jurisdiction of the commission acting within the scope of the person's
employment shall in every case be deemed to be the act, omission or failure of
such public utility, telecommunications utility or other person subject to the
jurisdiction of the commission. With respect to any violation of any statute
administered by the commission, any penalty provision applying to such a
violation by a public utility or telecommunications utility shall apply to such
a violation by any other person.
(7) Except when provided by law that a penalty, fine,
forfeiture or other sum be paid to the aggrieved party, all penalties, fines or
forfeitures or other sums collected or paid under the provisions of any law
administered by the commission shall be paid into the General Fund and credited
to the Public Utility Commission Account.
SECTION 224.
ORS 757.990 is amended to read:
757.990. (1) Any person or municipality, or their agents,
lessees, trustees or receivers, who omits, fails or refuses to do any act
required by ORS 757.035, or fails to comply with any orders, rules or
regulations of the Public Utility Commission made in pursuance of ORS 757.035,
shall forfeit and pay into the State Treasury a sum of not less than $100, nor
more than $10,000 for each such offense.
(2) Any public utility violating ORS 757.310 [shall, upon conviction, forfeit and pay to
the State Treasurer not less than $100 nor more than $1,000 for each offense] commits a Class A violation and upon
conviction the court shall impose a fine of not less than $100. Violation
of ORS 757.310 by an officer or agent of a public utility is punishable, upon
conviction, by a fine of not less than $50 nor more than $100 for each offense.
(3) Any person violating ORS 757.325 shall, upon conviction,
forfeit and pay to the State Treasurer not less than $100 and not more than
$10,000 for each offense. Violation of ORS 757.325 by any agent or officer of
any public utility or person is punishable, upon conviction, by a fine of not
less than $100 and not more than $1,000 for each offense.
(4) Violation of ORS 757.330 is [punishable, upon conviction, by a fine of not less than $50 nor more
than $1,000 for each offense] a
Class A violation.
(5) Violation of ORS 757.445 is punishable, upon conviction, by
a fine of not less than $500 nor more than $20,000 for each offense.
(6) Violation of ORS 757.450 is a felony and is punishable,
upon conviction, by a fine of not less than $1,000 nor more than $20,000, or by
imprisonment in the custody of the Department of Corrections for not less than
one nor more than five years, or both.
SECTION 225.
ORS 759.990 is amended to read:
759.990. (1) Any telecommunications utility violating ORS
759.260 [shall, upon conviction, forfeit
and pay to the State Treasurer not less than $100 nor more than $1,000 for each
offense] commits a Class A
violation, and upon conviction the court shall impose a fine of not less than
$100. Violation of ORS 759.260 by an officer or agent of a telecommunications
utility is [punishable, upon conviction,
by a fine of not less than $50 nor more than $100 for each offense] a Class D violation.
(2) Any person violating ORS 759.275 shall, upon conviction,
forfeit and pay to the State Treasurer not less than $100 and not more than
$10,000 for each offense. Violation of ORS 759.275 by any agent or officer of
any telecommunications utility or person is punishable, upon conviction, by a
fine of not less than $100 and not more than $1,000 for each offense.
(3) Violation of ORS 759.280 is [punishable, upon conviction, by a fine of not less than $50 nor more
than $1,000 for each offense] a
Class A violation.
(4) Violation of ORS 759.355 is punishable, upon conviction, by
a fine of not less than $500 nor more than $20,000 for each offense.
(5) Violation of ORS 759.360 is a felony and is punishable,
upon conviction, by a fine of not less than $1,000 nor more than $20,000, or by
imprisonment in the penitentiary for not less than one nor more than five
years, or both.
SECTION 226.
ORS 777.990 is amended to read:
777.990. (1) Failure by a port treasurer, or county treasurer
charged with the duties provided by ORS 777.515, to comply with the
requirements of that section for a period of 10 days is [punishable,] a Class A
violation, and upon conviction[, by] the court shall impose a fine of not
less than $500 [nor more than $1,000].
(2) Subject to section
76 of this 1999 Act, any person violating a regulation adopted by a port
board under ORS 777.120 or 777.190 shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than $250.
SECTION 227.
ORS 783.990 is amended to read:
783.990. (1) Violation of ORS 783.510 is punishable, upon
conviction, in a justice or circuit court, by a fine of not less than $50 nor
more than $200, or by imprisonment in the county jail for not less than one nor
more than six months, or both.
(2) Violation of ORS 783.520 is punishable, upon conviction, in
a justice or circuit court, by a fine of not less than $50 nor more than $250,
or by imprisonment in the county jail for not less than 60 days nor more than
six months.
(3) Violation of ORS 783.530 is punishable, upon conviction, in
a justice or circuit court, by a fine of not less than $20 nor more than $200,
or by imprisonment in the county jail for not less than 10 nor more than 100
days.
(4) Violation of ORS 783.550 is punishable, upon conviction, in
a justice or circuit court, by a fine of not less than $20 nor more than $100
or by imprisonment in the county jail for not less than 10 nor more than 100
days, or both.
(5) Violation of ORS 783.560 by any officer is [punishable, upon conviction, in a justice or
circuit court, by a fine of not less than $20 nor more than $100] a Class D violation.
(6) Violation of ORS 783.580 is punishable, upon conviction, by
a fine of not less than $100 nor more than $250, and by imprisonment in the
county jail not less than 10 nor more than 25 days. Justices of the peace have
jurisdiction of violations of ORS 783.580.
(7) Violation of ORS 783.590 and injury or damage of any bridge
across the Willamette River for want of the appliances described in ORS 783.590
is [punishable, upon conviction, by a
fine of not less than $50 nor more than $500] a Class A violation.
(8) Violation of ORS 783.600 is punishable, upon conviction, by
a fine of not less than $100 nor more than $500, or by imprisonment in the
county jail for not less than three months nor more than one year.
(9) Violation of ORS 783.610 is punishable, upon conviction, by
a fine of not less than $100 nor more than $200, or by imprisonment in the
county jail not less than one nor more than six months, or both.
SECTION 228.
ORS 810.214 is amended to read:
810.214. (1) The Oregon Transportation Commission shall adopt
uniform standards for posting signs prohibiting the use of unmuffled engine
brakes as described in ORS 811.492.
(2) The commission is authorized to provide a uniform system of
posting signs within the boundaries of the state. Any sign posted shall inform
the driver that the use of unmuffled engine braking is prohibited and [is punishable by a maximum fine of $500] shall give the dollar amount of the
maximum fine provided for violation of ORS 811.492.
(3) All signs placed shall conform to specifications approved
by the commission. The commission may use signs that show internationally
recognized and approved symbols.
SECTION 229.
ORS 811.100 is amended to read:
811.100. (1) A person commits the offense of violating the
basic speed rule if the person drives a vehicle upon a highway at a speed
greater than is reasonable and prudent, having due regard to all of the
following:
(a) The traffic.
(b) The surface and width of the highway.
(c) The hazard at intersections.
(d) Weather.
(e) Visibility.
(f) Any other conditions then existing.
(2) The following apply to the offense described in this
section:
(a) The offense is as applicable on an alley as on any other
highway.
(b) Speeds that are prima facie evidence of violation of this
section are established by ORS 811.105.
(c) This section and ORS 811.105 establish limitation on speeds
that are in addition to maximum speeds established and subject to penalty as
described in the following:
(A) A federal maximum speed limit under ORS 811.110.
(B) Maximum speeds for motor trucks and passenger transport
vehicles under ORS 811.115.
(C) Maximum speeds on ocean shores under ORS 811.120.
(D) A maximum speed limit for rural interstate highways under
ORS 811.112.
(E) A maximum speed limit in an urban area under ORS 811.123.
(3) The offense described in this section, violating the basic
speed rule, is [a Class B traffic
infraction] punishable in the same
manner as provided in ORS 811.109 for violation of a specific speed limit
imposed under law or for violation of a posted speed limit.
SECTION 230.
ORS 823.991 is amended to read:
823.991. (1) Any motor carrier or railroad that fails to comply
with an order or subpoena issued pursuant to ORS 823.025 shall pay a civil
penalty, for each day it so fails, of not less than $50 nor more than $500.
(2) Except where a penalty is otherwise provided by law, any
motor carrier or railroad shall pay a civil penalty of not less than $100 nor
more than $10,000 for each time that the motor carrier or railroad:
(a) Violates any statute regarding motor carriers or railroads,
as appropriate, administered by the Department of Transportation;
(b) Does any act prohibited, or fails to perform any duty
enjoined upon the motor carrier or railroad;
(c) Fails to obey any lawful requirement or order made by the
department; or
(d) Fails to obey any judgment or decree made by any court upon
the application of the department.
(3) Violation of ORS 823.029 is punishable[, upon conviction or] after issuance of a final order by the
department, by a [fine or a] civil
penalty of not less than $1,000 for each offense. A penalty of not less than
$500 nor more than $1,000 shall be recovered from the motor carrier or railroad
for each such offense when such officer, agent or employee acted in obedience
to the direction, instruction or request of the motor carrier or railroad, or
any general officer thereof.
(4) Violation of ORS
823.029 is a Class A violation.
[(4)] (5) Violation of ORS 823.051 is
punishable, upon conviction, by a fine of not more than $100 or imprisonment
for not more than 30 days, or both. Any motor carrier or railroad that
knowingly permits the violation of ORS 823.051 shall forfeit, upon conviction,
not more than $1,000 for each offense.
[(5)] (6) In construing and enforcing this section,
the act, omission or failure of any officer, agent or other person acting for
or employed by any motor carrier or railroad shall in every case be deemed to
be the act, omission or failure of such motor carrier or railroad. With respect
to any violation of any statute administered by the department regarding motor
carriers or railroads, any penalty provision applying to such a violation by a
motor carrier or railroad shall apply to such a violation by any other person.
[(6)] (7) Except when provided by law that a
penalty, fine, forfeiture or other sum be paid to the aggrieved party, all
penalties, fines or forfeitures collected from persons subject to the
regulatory authority of the department under ORS chapters 823, 824, 825 and 826
shall be paid into the General Fund and credited to the Motor Carrier Account
if collected from a motor carrier and to the Railroad Fund created under ORS
824.014 (1) if collected from a railroad.
[(7)] (8) Violation of ORS 823.105 is
punishable, [upon conviction or] after
issuance of a final order by the department, by a [fine or a] civil penalty of not more than $5,000 for each offense.
(9) Violation of ORS
823.105 is a violation punishable by a fine of not more than $5,000 for each
offense.
[(8)] (10) Civil penalties under this
section shall be imposed in the manner provided by ORS 183.090.
SECTION 231.
ORS 824.066 is amended to read:
824.066. (1) Except for operation in its yards or terminals, no
railroad shall permit or require a helper unit that is not attached to a train
to be operated with a crew of fewer than two people.
(2) As used in this section, "helper unit" means a
locomotive power unit placed near the middle of or at the rear of a train to
help the train traverse steep grades.
(3) A violation of this section [shall be punishable by a fine not to exceed $1,000] is a Class A violation.
SECTION 232.
ORS 824.992 is amended to read:
824.992. (1) Violation of ORS 824.062 is [punishable, upon conviction, by a fine of not more than $100 for each
offense] a Class D violation.
(2) Violation of ORS 824.064 is a misdemeanor.
(3) Violation of ORS 824.082 (1), 824.084 or 824.088 by a
railroad is [punishable by a fine of not
more than $500] a Class A violation.
(4) Violation of ORS 824.082 (2) is [punishable by a fine of not more than $500] a Class A violation.
(5) As used in subsection (3) of this section,
"railroad" means a railroad as defined by ORS 824.020 and 824.022.
(6) Subject to section
76 of this 1999 Act, violation of ORS 824.104 (1), 824.106 or 824.108 or
any rule promulgated pursuant thereto is [punishable,
upon conviction, by a fine of not less than $100 nor more than $500] a Class A violation, and upon conviction
the court shall impose a fine of not less than $100.
(7) A person is subject to the penalties under subsection (8)
of this section if the person knowingly:
(a) Transports by railroad any hazardous waste listed under ORS
466.005 or rules adopted thereunder to a facility that does not have
appropriate authority to receive the waste under ORS 466.005 to 466.385 and
466.992.
(b) Disposes of any hazardous waste listed under ORS 466.005 or
rules adopted thereunder without appropriate authority under ORS 466.005 to
466.385 and 466.992.
(c) Materially violates any terms of permit or authority issued
to the person under ORS 466.005 to 466.385 and 466.992 in the transporting or
disposing of hazardous waste.
(d) Makes any false material statement or representation in any
application, label, manifest, record, report, permit or other document filed, maintained
or used for purposes of compliance with requirements under ORS 824.050 to
824.110 for the safe transportation of hazardous wastes.
(e) Violates any rules adopted by the Department of
Transportation concerning the transportation of hazardous wastes.
(8) Subject to section
76 of this 1999 Act, violation of subsection (7) of this section is subject
to the penalty of a fine of not more than $10,000 for each day of violation,
imprisonment of not more than six months, or both.
(9) Violation of ORS 824.300 or 824.302 is [punishable, upon conviction, by a fine of
not less than $20 nor more than $100 for each offense] a Class D violation.
(10) Violation of ORS 824.304 is punishable, upon conviction,
by a fine of not less than $500 nor more than $2,000.
(11) Violation of ORS 824.306 by any railroad company or
officer or agent thereof, or any other person is [punishable, upon conviction, by a fine of not less than $50 nor more
than $100] a Class D violation.
Each day's violation is a separate offense.
SECTION 233.
ORS 825.990 is amended to read:
825.990. (1) Except as otherwise provided in subsection (2) of
this section, every person who violates or procures, aids or abets violation of
this chapter and any person who refuses or fails to obey any order, decision or
rule, made under or pursuant to this chapter[, shall be punished, upon conviction, by a fine of not less than $10
nor more than $500. Violation of any provision of this chapter is a] commits a Class A traffic [infraction] violation.
(2) Knowingly violating an out-of-service notice issued under
authority of the Department of Transportation is a Class A misdemeanor.
(3) A person is subject to the penalties under subsection (4)
of this section if the person knowingly:
(a) Transports any hazardous waste listed under ORS 466.005 or
rules adopted thereunder to a facility that does not have appropriate authority
to receive the waste under ORS 466.005 to 466.385 and 466.992.
(b) Disposes of any hazardous waste listed under ORS 466.005 or
rules adopted thereunder without appropriate authority under ORS 466.005 to
466.385 and 466.992.
(c) Materially violates terms of any permit or authority issued
to the person under this chapter or ORS 466.005 to 466.385 and 466.992 in the
transporting or disposing of hazardous waste.
(d) Makes any false material statement or representation in any
application, label, manifest, record, report, permit or other document filed,
maintained or used for purposes of compliance with requirements under this
chapter for the safe transportation of hazardous wastes.
(e) Fails to include material information required under rules
of the Department of Transportation in any application for any permit or
authority to transport hazardous waste under this chapter.
(f) Violates any rules adopted by the Department of
Transportation concerning the transportation of hazardous wastes.
(4) Subject to section
76 of this 1999 Act, violation of subsection (3) of this section is subject
to the penalty of a fine of not more than $10,000 for each day of violation,
imprisonment of not more than six months, or both.
STATUTORY ADJUSTMENTS FOR
ELIMINATION OF TERM "BAIL"
SECTION 234.
ORS 1.005 is amended to read:
1.005. The Chief Justice of the Supreme Court or the presiding
judge of any judicial district of this state may establish by rule a program to
permit the use of credit card transactions as security deposits, [bail for offenses,] fines, assessments,
restitution or any other court-imposed monetary obligation arising out of an
offense. The program may also provide for the use of credit card transactions
to pay for filing fees, response fees, certification fees and any other fees
charged by the court. Any rules adopted pursuant to this section may provide
for recovery from the person using the credit card of an additional amount
reasonably calculated to recover any charge to the court by a credit card
company resulting from use of the credit card.
SECTION 235.
ORS 3.136 is amended to read:
3.136. (1) The circuit court for a county within the boundaries
of which there is situated the largest part of a city having a population of
more than 300,000 shall have all judicial jurisdiction, authority, powers,
functions and duties of the municipal court of each such city and the judges
thereof with respect to all violations of the charter and ordinances of each
such city.
(2) All fees, fines, [bail] security deposit forfeitures and other
moneys collected and received by a circuit court in matters, causes and
proceedings with respect to all violations over which such circuit court is
granted judicial jurisdiction by subsection (1) of this section shall be
collected, handled and disposed of by the clerk of such circuit court as
otherwise provided by law for moneys collected and received by such circuit
court.
(3) Subsection (1) of this section does not preclude the city
from employing one or more quasi-judicial hearings officers empowered to hold
hearings concerning violations of the charter, ordinances, rules and
regulations of the city, to adopt rules and regulations relating to the conduct
of the hearings process and to impose civil penalties and grant other relief as
may be necessary to enforce and obtain compliance with the charter, ordinances,
rules and regulations of the city. The jurisdiction and authority of a hearings
officer shall not include any traffic or parking offense. The city may enforce
any order of a hearings officer by a civil action in a court of appropriate
jurisdiction.
SECTION 236.
ORS 22.020 is amended to read:
22.020. (1) In any cause, action, proceeding or matter before
any court, board or commission in this state or upon appeal from any action of
any such court, board or commission, where bond[,] or security deposit [or bail] of any character is required or
permitted for any purpose, it is lawful for the party required or permitted to
furnish such security[, bail] or bond
to deposit, in lieu thereof, in the manner provided in ORS 22.020 to 22.070,
money, an irrevocable letter of credit issued by an insured institution, as
defined in ORS 706.008, a certified check or checks on any state or national
bank within this country payable to the officer with whom such check is filed,
satisfactory municipal bonds negotiable by delivery, or obligations of the
United States Government negotiable by delivery, equal in amount to the amount
of the bond[,] or security deposit [or bail]
so required or permitted.
(2) Notwithstanding subsection (1) of this section, an
irrevocable letter of credit may not be furnished to a court in lieu of other
security[, bail] or bond to be
deposited in any criminal offense, action, proceeding or matter before any
court, in a protective proceeding under ORS chapter 125, or in any cause,
action, proceeding or matter before any court under ORS 105.395, 111.185,
113.005, 113.035, 113.105, 113.115, 114.325 and 125.715. In any other type of
civil cause, action, proceeding or matter before any court, an irrevocable
letter of credit may be furnished pursuant to subsection (1) of this section
subject to approval of its terms by the parties and to its being in the form
and amount prescribed by statute, rule or order of the court.
SECTION 237.
ORS 22.030 is amended to read:
22.030. (1) Any party desiring to make use of the provisions of
ORS 22.020 to 22.070 shall, except as provided in subsection (2) of this
section, make or cause to be made, with the treasurer of the county or city
within which the bond [or bail] is to
be furnished, or, in any case, with the State Treasurer, the deposit authorized
by ORS 22.020. The treasurer, upon tender, must accept such money or securities
and deliver to the depositor a duplicate receipt reciting the fact of such
deposit; provided, that in case of bond[,] or security deposit [or bail] is required after the office
hours of any such treasurer with whom it is desired to make the deposit, the
deposit may be made with the chief clerk of such court, board or commission or
with the sheriff of the county or the deputy in charge of the county jail or
the sheriff's office, who shall accept the same, giving duplicate receipts
therefor, and cause such money or securities to be delivered to the proper
treasurer within 48 hours thereafter.
(2) In any criminal case or in any proceeding in any court the
deposit may be made with the court or clerk thereof, with the same effect and
result as though made with such treasurer, and it shall not be necessary for
the money or securities to be delivered to the treasurer.
SECTION 238.
ORS 22.040 is amended to read:
22.040. The filing of one of such duplicate receipts with the
court, board or commission with which such bond[,] or security deposit [or bail] is required or permitted to be
filed shall have the same effect as the furnishing of such bond[,]
or security deposit [or bail] and
shall be taken and accepted by the court, board or commission or by the chief
clerk in lieu of such bond[,] or security deposit [or bail].
SECTION 239.
ORS 22.050 is amended to read:
22.050. If the bond[,] or security [release or bail] deposit
is discharged, an order to that effect shall be entered upon the records of the
court, board or commission with a statement of the amount to be returned to the
person making the deposit. Upon presentation to the treasurer of a copy of such
order, duly certified by the clerk of the court, board or commission making the
same, the treasurer shall pay to the person named therein or to the order of
the person the amount specified or shall return the securities, as the case may
be. If the bond[,] or security deposit [or bail] is forfeited, an order to that effect
shall be entered upon the records of the court, board or commission, and upon
presentation to the treasurer of a copy of such order, certified by the chief
clerk of the court, board or commission making the same, the treasurer shall
make such disposition of the money or securities as the order shall provide. In
case the money or securities are in the hands of the clerk of the court, board
or commission at the time the bond[,] or security deposit [or bail] is declared discharged or
forfeited, the clerk shall make the same disposition of the money or securities
as the treasurer would be required to make in similar circumstances. Whenever
the order of the court, board or commission requires or contemplates the same,
the treasurer or clerk shall indorse to the proper party any certified check
deposited with the treasurer or clerk as security. Money or securities
deposited under ORS 22.020 to 22.070 shall not be subject to garnishment.
SECTION 240.
ORS 22.070 is amended to read:
22.070. Any party making use of the provisions of ORS 22.020 to
22.070 may, at any time before forfeiture of the same, redeem any money or
securities so deposited by submitting the bond [or bail] originally required or permitted, or may exchange such
securities for others of equal value if satisfactory to the officer with whom
the same have been deposited.
SECTION 241.
ORS 30.460 is amended to read:
30.460. When proceedings are conducted by county hearings
officers to enforce requirements or prohibitions of county ordinances or resolutions,
if fines[, cost or bail] or costs are not paid by a defendant
within 60 days after payment is ordered, the defendant is personally liable to
the county for the amount of the unpaid fines[, cost or bail] or costs.
The county may file and record the order for payment in the County Clerk Lien
Record.
SECTION 242.
ORS 41.905 is amended to read:
41.905. (1) A judgment of conviction or acquittal of a person
charged with a traffic offense is not admissible in the trial of a subsequent
civil action arising out of the same accident or occurrence to prove or negate
the facts upon which such judgment was rendered.
(2) A plea of guilty by a person to a traffic offense may be
admitted as evidence in the trial of a subsequent civil action arising out of
the same accident or occurrence as an admission of the person entering the
plea, and for no other purpose.
(3) Evidence [of
forfeiture of bail posted by a person as a result of] that a person has entered a plea of no contest in the manner described
in section 17 (2)(b) of this 1999 Act to a charge of a traffic offense
shall not be admitted as evidence in the trial of a subsequent civil action
arising out of the same accident or occurrence.
SECTION 243.
ORS 51.037 is amended to read:
51.037. Any city may enter into an agreement pursuant to ORS
190.010 with the county in which a justice of the peace district is located for
the provision of judicial services. A justice of the peace providing services
to a city pursuant to such an agreement shall have all judicial jurisdiction,
authority, powers, functions and duties of the municipal court of the city and
the judges thereof with respect to all and any violations of the charter or
ordinances of the city. Unless the agreement provides otherwise, and subject to
the provisions of ORS 153.630, all fines, costs and forfeited [bail] security deposits collected shall be paid to the prosecuting city,
and the city shall reimburse the county providing judicial services for
expenses incurred under the agreement. The exercise of jurisdiction under such
an agreement by a justice of the peace shall not constitute the holding of more
than one office.
SECTION 244.
ORS 51.120 is amended to read:
51.120. The docket of a justice of the peace is a book in which
the justice of the peace must enter:
(1) The title of every action or proceeding commenced in the
court of the justice of the peace or before the justice of the peace, with the
names of the parties thereto and the time of the commencement thereof.
(2) The date of making or filing any pleading.
(3) An order allowing a provisional remedy, and the date of
issuing and returning the summons or other process.
(4) The time when the parties or either of them appears, or
their failure to do so.
(5) Every postponement of a trial or proceeding, and upon whose
application, and to what time.
(6) The demand for a jury, if any, and by whom made; the order
for a jury, and the time appointed for trial.
(7) The return of an order for a jury, the names of the persons
impaneled and sworn as a jury, and the names of all witnesses sworn, and at
whose request.
(8) The verdict of the jury, and when given; and if the jury
disagree and are discharged without giving a verdict, a statement of such
disagreement and discharge.
(9) The judgment of the court, and when given.
(10) The fact of an appeal having been made and allowed, and
the date thereof, with a memorandum of the undertaking, and the justification
of the sureties.
(11) Satisfaction of the judgment or any part thereof.
(12) A memorandum of all orders relating to security release [the
admission of bail, taking bail, or commitment for want thereof].
(13) All other matters which may be material or specially
required by any statute.
SECTION 245.
ORS 51.310 is amended to read:
51.310. (1) Except as provided in ORS 105.130, the justice of
the peace shall collect, in advance except in criminal cases, and issue
receipts for, the following fees:
(a) For the first appearance of the plaintiff, $30.
(b) For the first appearance of the defendant, $22.50.
(c) In the small claims department, for a plaintiff filing a
claim, $22.50; and for a defendant requesting a hearing, $15.
(d) For transcript of judgment, $6.
(e) For transcript of judgment from the small claims
department, $5.
(f) For certified copy of judgment, $3.50.
(g) For issuing writs of execution or writs of garnishment, $5
for each writ.
(h) For taking an affidavit of a private party, $1.
(i) For taking depositions, for each folio, 70 cents.
(j) For supplying to private parties copies of records and
files, the same fees as provided or established for the county clerk under ORS
205.320.
(k) For each official certificate, $1.
(L) For taking and certifying for a private party an
acknowledgment of proof of any instrument, $3.
(m) Costs in criminal cases, where there has been a conviction,
or upon forfeiture of security [or bail],
$5.
(2) Not later than the 15th day of the month following the
month in which fees set forth in subsection (1) of this section are collected,
the justice of the peace shall pay all such fees, other than those for
performing marriage ceremonies, over to the county treasurer of the county
wherein the justice of the peace was elected or appointed, for crediting to the
general fund of the county, and shall take the receipt of the treasurer
therefor.
SECTION 246.
ORS 133.753 is amended to read:
133.753. No demand for the extradition of a person charged with
crime in another state shall be recognized by the Governor unless in writing
and accompanied by a copy of an indictment found or by an information supported
by affidavit in the state having jurisdiction of the crime, or by a copy of an
affidavit made before a magistrate there, together with a copy of any warrant
which was issued thereupon; or by a copy of a judgment of conviction or of a
sentence imposed in execution thereof, together with a statement by the
executive authority of the demanding state that the person claimed has escaped
from confinement or has broken the terms of [bail] security release,
probation or parole. The indictment, information, or affidavit made before the
magistrate must substantially charge the person demanded with having committed
a crime under the law of that state; and the copy of indictment, information,
affidavit, judgment of conviction or sentence must be authenticated by the
executive authority making the demand.
SECTION 247.
ORS 133.803 is amended to read:
133.803. Whenever any person within this state shall be charged
on the oath of any credible person before any judge or other magistrate of this
state with the commission of a crime in any other state and, except in cases
arising under ORS 133.767, with having fled from justice, or with having been
convicted of a crime in that state and having escaped from confinement, or
having broken the terms of [bail] security release, probation or parole,
or whenever complaint shall have been made before any judge or other magistrate
in this state setting forth on the affidavit of any creditable person in
another state that a crime has been committed in such other state and that the
accused has been charged in such state with the commission of the crime, and,
except in cases arising under ORS 133.767, has fled therefrom or has been
convicted of a crime in that state and escaped from confinement, or has broken
the terms of [bail] security release, probation or parole,
and is believed to be in this state, the judge or magistrate shall issue a
warrant directed to any peace officer commanding the peace officer to apprehend
the person named therein, wherever the person may be found in this state, and
bring the person before the same or any other judge, court or magistrate who
may be convenient of access to the place where the arrest may be made, to
answer the charge or complaint and affidavit, and a certified copy of the sworn
charge or complaint and affidavit upon which the warrant is issued shall be
attached to the warrant.
SECTION 248.
ORS 133.827 is amended to read:
133.827. Whenever the Governor of this state shall demand a
person charged with crime or with escaping from confinement or breaking the
terms of [bail] security release, probation or parole in this state from the chief
executive of any other state, or from the Chief Justice or an Associate Justice
of the Supreme Court of the District of Columbia authorized to receive such
demand under the laws of the United States, the Governor shall issue a warrant
under the seal of this state to some agent or agents, commanding the agent to
receive the person so charged if delivered to the agent and convey the person
to the proper officer of the county in this state in which the offense was
committed.
SECTION 249.
ORS 133.843 is amended to read:
133.843. (1) Any person arrested in this state charged with
having committed any crime in another state or alleged to have escaped from
confinement, or broken the terms of [bail] security release, probation or parole
may waive the issuance and service of the warrant provided for in ORS 133.773
and 133.777 and all other procedure incidental to extradition proceedings, by
executing or subscribing in the presence of a judge of any court of record
within this state a writing which states that the person consents to return to
the demanding state; provided, however, that before such waiver shall be
executed or subscribed by such person it shall be the duty of such judge to
inform such person of rights to the issuance and service of a warrant of
extradition and to apply for a writ of habeas corpus as provided for in ORS
133.787.
(2) If and when such consent has been duly executed it shall
forthwith be forwarded to the office of the Governor of this state and filed
therein. The judge shall direct the officer having such person in custody to
deliver forthwith such person to the duly accredited agent or agents of the demanding
state, and shall deliver or cause to be delivered to such agent or agents a
copy of such consent; provided, however, that nothing in this section shall be
deemed to limit the right of the accused person to submit voluntarily to the
custody of such agent or agents for return without formality to the demanding
state.
SECTION 250.
ORS 135.280 is amended to read:
135.280. (1) Upon failure of a person to comply with any
condition of a release agreement or personal recognizance, the court having
jurisdiction may, in addition to any other action provided by law, issue a
warrant for the arrest of the person at liberty upon a personal recognizance,
conditional or security release.
(2) A warrant issued under subsection (1) of this section by a
municipal judge may be executed by any peace officer authorized to execute
arrest warrants.
(3) If the defendant does not comply with the conditions of the
release agreement, the court having jurisdiction shall enter an order declaring
the entire security amount to be forfeited. Notice of the order of
forfeiture shall be given forthwith by personal service, by mail or by such
other means as are reasonably calculated to bring to the attention of the
defendant and, if applicable, of the sureties, the order of forfeiture. If,
within 30 days after the court declares the forfeiture, the defendant does not
appear or satisfy the court having jurisdiction that appearance and surrender
by the defendant was, or still is, impossible and without fault of the
defendant, the court shall enter a money judgment as provided by ORS 137.180
for the state, or appropriate political subdivision thereof, against the
defendant and, if applicable, the sureties, for the amount of security and
costs of the proceedings. At any time before or after judgment for the amount
of security declared forfeited, the defendant or the sureties may apply to the
court for a remission of the forfeiture. The court, upon good cause shown, may
remit the forfeiture or any part thereof, as the court considers reasonable
under the circumstances of the case.
(4) When judgment is entered in favor of the state, or any
political subdivision of the state, on any security given for a release, the
judgment may be enforced as a judgment in a civil action. If entered in circuit
court, the judgment shall be docketed in the criminal action as a money
judgment in the circuit court judgment docket. The district attorney, county
counsel or city attorney may have execution issued on the judgment and deliver
same to the sheriff to be executed by levy on the deposit or security amount
made in accordance with ORS 135.265. The proceeds of any execution shall be
used to satisfy the judgment and costs and paid into the treasury of the
municipal corporation wherein the security was taken if the offense was defined
by an ordinance of a political subdivision of this state, or paid into the
treasury of the county wherein the security was taken if the offense was
defined by a statute of this state and the judgment was entered by a justice
court, or paid over as directed by the State Court Administrator for deposit in
the Criminal Fine and Assessment Account created under ORS 137.300, if the
offense was defined by a statute of this state and the judgment was entered by
a circuit court. The provisions of this section shall not apply to[:]
base fine amounts deposited upon appearance under section 17 of this 1999 Act.
[(a) Money deposited
pursuant to ORS 153.540 for a traffic offense.]
[(b) Money deposited
pursuant to ORS 153.355 for a boating offense.]
[(c) Money deposited
pursuant to ORS 153.745 for a wildlife or commercial fishing offense.]
(5) When the judgment of forfeiture is entered, the security
deposit or deposit with the clerk is, by virtue of the judgment alone and
without requiring further execution, forfeited to and may be kept by the state
or its appropriate political subdivision. The clerk shall reduce, by the value
of the deposit so forfeited, the debt remaining on the judgment and shall cause
the amount on deposit to be transferred to the revenue account of the state or
political subdivision thereof entitled to receive the proceeds of execution
under this section.
(6) The stocks, bonds, personal property and real property
shall be sold in the same manner as in execution sales in civil actions and the
proceeds of such sale shall be used to satisfy all court costs, prior
encumbrances, if any, and from the balance a sufficient amount to satisfy the
judgment shall be paid into the treasury of the municipal corporation wherein
the security was taken if the offense was defined by an ordinance of a
political subdivision of this state, or paid into the treasury of the county
wherein the security was taken if the offense was defined by a statute of this
state and the judgment was entered by a justice court, or deposited in the
General Fund available for general governmental expenses if the offense was
defined by a statute of this state and the judgment was entered by a circuit
court. The balance shall be returned to the owner. The real property sold may
be redeemed in the same manner as real estate may be redeemed after judicial or
execution sales in civil actions.
SECTION 251.
ORS 135.970 is amended to read:
135.970. (1) If the victim or a witness requests, the court
shall order that the victim's or witness's address and phone number not be
given to the defendant unless good cause is shown to the court.
(2) If contacted by the defense, the victim must be clearly
informed by the defendant's attorney, either in person or in writing, of the
identity and capacity of the person contacting the victim, that the victim does
not have to talk to the defendant's attorney, or other agents of the defendant,
or provide other discovery unless the victim wishes, and that the victim may
have a district attorney present during any interview.
(3) A victim may not be required to be interviewed or deposed
by or give discovery to the defendant or the defendant's attorney unless the
victim consents. This subsection does not prohibit the defendant from:
(a) Subpoenaing or examining the victim at trial or in a
pretrial proceeding when the purpose is other than for discovery; or
(b) Subpoenaing books, papers or documents as provided in ORS
136.580.
(4)(a) Any pretrial release order must prohibit any contact
with the victim, either directly or indirectly, unless specifically authorized
by the court having jurisdiction over the criminal charge. This subsection
shall not limit contact by the defense attorney, or an agent of the defense
attorney, other than the defendant, in the manner set forth in subsection (2).
(b) If a victim notifies the district attorney that the
defendant, either directly or indirectly threatened or intimidated the victim,
the district attorney shall notify the court with jurisdiction over the
criminal matter and the defense attorney. If the defendant is not in custody
and the court finds there is probable cause to believe the victim has been
threatened or intimidated by the defendant, either directly or indirectly, the
court shall immediately issue an order to show cause why defendant's release
status should not be revoked. After conducting such hearing as it deems
appropriate, if the court finds that the victim has been threatened or
intimidated by the defendant, either directly or indirectly, the defendant's
release status shall be revoked and the defendant shall be held in custody with
[bail] a security amount set in an amount sufficient to [insure] ensure the safety of the victim and the community.
SECTION 252.
ORS 136.220 is amended to read:
136.220. A challenge for implied bias shall be allowed for any
of the following causes and for no other:
(1) Consanguinity or affinity within the fourth degree to the
person alleged to be injured by the offense charged in the accusatory
instrument, to the complainant or to the defendant.
(2) Standing in the relation of guardian and ward, attorney and
client, physician and patient, master and servant, debtor and creditor,
principal and agent or landlord and tenant with the:
(a) Defendant;
(b) Person alleged to be injured by the offense charged in the
accusatory instrument; or
(c) Complainant.
(3) Being a member of the family, a partner in business with or
in the employment of any person referred to in subsection (2)(a), (b) or (c) of
this section or a surety [or bail] in
the action or otherwise for the defendant.
(4) Having served on the grand jury which found the indictment
or on a jury of inquest which inquired into the death of a person whose death
is the subject of the indictment or information.
(5) Having been one of a jury formerly sworn in the same
action, and whose verdict was set aside or which was discharged without a
verdict after the cause was submitted to it.
(6) Having served as a juror in a civil action, suit or
proceeding brought against the defendant for substantially the same act charged
as an offense.
(7) Having served as a juror in a criminal action upon
substantially the same facts, transaction or criminal episode.
SECTION 253.
ORS 137.017 is amended to read:
137.017. Except as otherwise specifically provided by law, all
fines, costs and forfeited [bail] security deposits ordered paid in
criminal actions and proceedings, as defined in ORS 131.005, in the circuit
court shall be accounted for and distributed as provided in ORS 137.293 and
137.295, as monetary obligations payable to the state.
SECTION 254.
ORS 137.309 is amended to read:
137.309. (1) Except as provided in subsection (4) of this
section, whenever a circuit or municipal court or a justice of a justice court
imposes a sentence of a fine, term of imprisonment, probation or any
combination thereof, including a sentence imposed and thereafter suspended, [or orders a bail forfeiture,] as a
penalty for an offense as defined in ORS 161.505, excluding parking violations,
an assessment in addition to such sentence [or
bail forfeiture] shall be collected.
(2) The assessment is not part of the penalty or in lieu of any
part thereof. The amount of the assessment shall be as follows:
(a) $5, when the fine or forfeiture is $5 to $14.99.
(b) $12, when the fine or forfeiture is $15 to $49.99.
(c) $14, when the fine or forfeiture is $50 to $99.99.
(d) $20, when the fine or forfeiture is $100 to $249.99.
(e) $24, when the fine or forfeiture is $250 to $499.99.
(f) $59, when the fine or forfeiture is $500 or more.
(3) Assessments imposed under subsections (1) to (5) of this
section shall be collected as provided in subsections (6) to [(10)] (8) of this section.
(4) The court is not required to impose the assessment, or a
part of the assessment, if it finds that the defendant is indigent or that
imposition of the assessment would constitute an undue hardship.
(5) Payment to a court shall not be credited to the assessment
described in subsections (1) to (5) of this section until all other fines, fees
and assessments ordered by the court have been paid.
(6) Except as provided in subsection [(9)] (7) of this
section, within 60 days after receipt of such assessment by the clerk of a
circuit or municipal court or by a justice of a justice court, the assessment
shall be paid to the county treasurer of the county in which the court is
located.
[(7) When any bail is
deposited with a court for an offense, the person making such deposit shall
include with the bail the amount of the assessment.]
[(8) If bail for an
offense is forfeited, the assessment included therewith shall be paid to the
county treasurer as provided in subsection (6) of this section. If the bail is
returned, the assessment included therewith shall also be returned.]
[(9)] (7) Prior to making payment to the
county treasurer as provided in subsections (6) [to (10)] and (8) of this
section, the clerk of a circuit, municipal or justice court:
(a) Shall withhold and deposit in the State Treasury to the
credit of the Law Enforcement Medical Liability Account the following amounts:
(A) $1, when the assessment is $12 or $14.
(B) $2, when the assessment is $20 or $24.
(C) $5, when the assessment is $59.
(b) May withhold an amount equal to the reasonable costs
incurred by the clerk in collection and distribution of the assessment.
[(10)] (8) A city that lies in more than one
county shall pay the assessments it collects to each county in proportion to
the percent of the population of the city that resides in each county.
SECTION 255.
ORS 137.308 is amended to read:
137.308. (1) The county treasurer shall deposit 60 percent of
the moneys received under ORS 137.309 (6) to [(10)] (8) into the
general fund of the county to be used for the purpose of planning, operating
and maintaining county juvenile and adult corrections programs and facilities
and drug and alcohol programs approved by the Governor's Council on Alcohol and
Drug Abuse Programs. Expenditure by the county of the funds described in this
subsection shall be made in a manner that is consistent with the approved
community corrections plan for that county; however, a county may not expend
more than 50 percent of the funds on the construction or operation of a county
jail. Prior to budgeting the funds described in this subsection, a county shall
consider any comments received from, and upon request shall consult with, the
governing body of a city that forwards assessments under ORS 137.307 (1991
Edition) concerning the proposed uses of the funds.
(2) The county treasurer shall deposit 40 percent of the moneys
received under ORS 137.309 (6) to [(10)]
(8) into the county's court
facilities security account established under ORS 1.182.
SECTION 256.
ORS 414.815 is amended to read:
414.815. (1) The Law Enforcement Medical Liability Account is
established separate and distinct from the General Fund. Interest earned, if
any, shall inure to the benefit of the account. The moneys in the Law
Enforcement Medical Liability Account are appropriated continuously to the
Department of Human Resources to pay expenses in administering the account and
paying claims out of the account as provided in ORS 414.807.
(2) The liability of the Law Enforcement Medical Liability
Account is limited to funds accrued to the account from assessments collected
under ORS 137.309 (6) to [(10)] (8), or collected from individuals
under ORS 414.805.
(3) The Department of Human Resources may contract with persons
experienced in medical claims processing to provide claims processing for the
account.
(4) The Department of Human Resources shall adopt rules to
implement administration of the Law Enforcement Medical Liability Account
including, but not limited to, rules that establish reasonable deadlines for
submission of claims.
(5) Each biennium, the Department of Human Resources shall
submit a report to the Legislative Assembly regarding the status of the Law
Enforcement Medical Liability Account. Within 30 days of the convening of each
regular legislative session, the department shall submit the report to the
chair of the Senate Judiciary Committee and the chair of the House Judiciary
Committee. The report shall include, but is not limited to, the number of
claims submitted and paid during the biennium and the amount of money in the
fund at the time of the report.
SECTION 257.
ORS 138.135 is amended to read:
138.135. (1) A sentence of confinement shall be stayed if an
appeal is taken and the defendant elects not to commence service of the
sentence or is [admitted to bail] released on security under ORS 135.230 to
135.290. If a defendant is not [admitted
to bail] released on security
and elects not to commence service of the sentence pending appeal, the
defendant shall be held in custody at the institution designated in the
judgment without execution of sentence, except as provided in ORS 138.145.
(2) A sentence to pay a fine or a fine and costs, if an appeal
is taken, may be stayed by the circuit court, the Court of Appeals, or by the
Supreme Court upon such terms as the court deems proper. The court may require
the defendant, pending appeal, to deposit the whole or any part of the fine and
costs with the clerk of the circuit court, or to give bond for the payment
thereof, or to submit to an examination of assets, and it may make any
appropriate order to restrain the defendant from dissipating the assets of the
defendant.
(3) If a petition for review by the Supreme Court is filed, any
stay shall remain in effect pending a final disposition of the cause, unless
otherwise ordered by the Supreme Court.
SECTION 258.
ORS 138.520 is amended to read:
138.520. The relief which a court may grant or order under ORS
138.510 to 138.680 shall include release, new trial, modification of sentence,
and such other relief as may be proper and just. The court may also make
supplementary orders to the relief granted, concerning such matters as
rearraignment, retrial, custody and [bail] release on security.
SECTION 259.
ORS 169.340 is amended to read:
169.340. (1) A sheriff who suffers the escape of a prisoner,
arrested or in a local correctional facility, without the consent or connivance
of the party on whose behalf the arrest or imprisonment was made, is liable to
an action by such party, as follows:
(a) When the arrest is upon an order of arrest in a civil
action, suit or proceeding; when the presence of the defendant at the return of
the summons is necessary to enable the plaintiff to proceed therein, and the
defendant does not appear at the time and place specified in the summons.
(b) When the arrest or imprisonment is upon an order of arrest
in any other civil action, suit or proceeding, or upon a surrender in
exoneration of the sheriff or [of bail] security release, and the defendant is
not found upon an execution against the person of the defendant issued to the
proper county on a judgment or decree in such action, suit, or proceeding.
(c) When the arrest is on an execution or commitment to enforce
the payment of money, and the party interested is not recaptured or surrendered
into custody at the expiration of the time limited for the service thereof, or
legally discharged therefrom.
(d) When a person is imprisoned on an execution or commitment
to enforce the payment of money, and the person escapes after the time limited
for the service, and is not recaptured or surrendered before an action is
commenced for the escape.
(2) The measure of damages in an action brought under
subsection (1) of this section, is as follows:
(a) For the escape mentioned in subsection (1)(a) of this
section, the actual damages sustained.
(b) In any other case, the amount expressed in the execution or
commitment.
SECTION 260.
ORS 203.810 is amended to read:
203.810. (1) As used in this section:
(a) "County law" means a county charter adopted
pursuant to ORS 203.710 to 203.770 and legislation passed by a charter county
or any ordinance enacted by a general law county.
(b) "County offense" means any crime or offense
defined or made punishable by county law.
(2) Except as may be provided otherwise by county law:
(a) The justice courts and circuit court for a county have
jurisdiction of county offenses to the same extent as such courts have
jurisdiction of crimes or offenses defined or made punishable by state law, as
determined by the maximum punishment which may be imposed therefor.
(b) The district attorney shall prosecute county offenses
unless the county governing body elects to have the prosecution of such
offenses conducted by a county counsel appointed pursuant to ORS 203.145.
(c) The practice and procedure as to the prosecution, trial and
punishment of county offenses shall be the same as in the case of similar
crimes or offenses defined or made punishable by state law.
(3) Except as may be provided otherwise by county law and
subject to limitations on its civil jurisdiction under state law, the justice
court and circuit court for a county have jurisdiction of a civil proceeding
maintained by a county under ORS 30.310 or 30.315, including a proceeding to
abate or enjoin any act or condition that is declared to be a nuisance by an
ordinance of the county.
(4) If fines[,] or costs [or bail] are not paid by a defendant within 60 days after payment
is ordered by a court, the defendant is personally liable to the county for the
amount of the unpaid fines[,] and costs [or bail]. The county may file and docket the order for payment with
the clerk of the circuit court. The order for payment may thereafter be
enforced as a judgment of the circuit court.
SECTION 260a.
If Senate Bill 81 becomes law, section
260 of this 1999 Act (amending ORS 203.810) is repealed.
SECTION 261.
ORS 221.145 is amended to read:
221.145. The amount of compensation for city police officers,
municipal judges or other city officers shall not be based upon the amount of
revenues collected from fines [or bail
forfeitures] or any set percentage thereof.
SECTION 262.
ORS 221.285 is amended to read:
221.285. (1) A notice of delinquent parking violation
containing the information specified in ORS 221.340 shall be sent to each car
rental or leasing company that is the registered owner of a motor vehicle cited
for being parked in violation of a city ordinance within 30 days after the date
on which the citation for violation of the parking ordinance was issued.
(2) If a notice of delinquent parking violation is not sent to
a car rental or leasing company within 30 days after the date on which the
citation for violation of the parking ordinance was issued, the charge against
the car rental or leasing company of violating the parking ordinance shall be
dismissed and no further enforcement actions against the car rental or leasing
company or its vehicles may be taken.
(3) If the car rental or leasing company pays the [bail] amount [or the fine] specified [for
the parking violation] on the
citation within 30 days after the date on which the notice of delinquent
parking violation was mailed, the [bail
amount or] fine required to be paid shall not be increased beyond the
original amount [of the bail or fine] specified in the citation.
SECTION 263.
ORS 221.287 is amended to read:
221.287. (1) A car rental or leasing company is authorized to
recover [bail or] a fine paid to a
city in response to a citation for violation of a parking ordinance from the
customer who had possession of the motor vehicle at the time the citation was
issued.
(2) A car rental or leasing company may bill a customer
directly for [such bail or] the fine paid or may charge [such bail or] the fine paid as an ancillary or deferred charge to any credit
card provided by the customer.
(3) A car rental or leasing company has no liability to a
customer for any errors, omissions, negligence or fraud to the extent that the
errors, omissions, negligence or fraud resulted from acts or omissions of the
court or the city in the issuance of citations or the issuance of notices of
citations.
SECTION 264.
ORS 221.315 is amended to read:
221.315. (1) Prosecution of violations of the charter or
ordinances of a city in circuit or justice court shall be by the city attorney
and in the name of such city. An agreement may be made between any city and, on
behalf of the state, the presiding judge for the judicial district in which all
or part of such city is located, that such violations be prosecuted for such
city in the circuit court by the district attorney in the name of the State of
Oregon. An agreement may be made, pursuant to ORS 190.010, between any city and
the county in which all or part of such city is located, that such violations
be prosecuted for such city in the justice court by the district attorney in
the name of the State of Oregon.
(2) Except as otherwise provided by an agreement made under
subsection (1) of this section in respect to the court, all fines, costs and
forfeited [bail] security deposits collected by the circuit or justice court having
jurisdiction of a violation of a city charter or ordinance shall be paid as
follows:
(a) One-half of all fines and forfeited [bail] security deposits
shall be credited and distributed under ORS 137.293 and 137.295 to the
treasurer of the city whose charter or ordinance was violated, as a monetary
obligation payable to the city.
(b) If collected by the circuit court, the costs and one-half
of the fines and forfeited [bail] security deposits shall be credited
and distributed under ORS 137.293 and 137.295, as a monetary obligation payable
to the state.
(c) If collected by the justice court, the costs and one-half
of the fines and forfeited [bail] security deposits shall be credited
and distributed under ORS 137.293 and 137.295 to the treasurer of the county in
which the court is located as a monetary obligation payable to the county.
SECTION 265.
ORS 221.335 is amended to read:
221.335. Any city may enter into an agreement pursuant to ORS
190.010 with another city for the provision of judicial services. A municipal
judge providing services to another city pursuant to such an agreement shall
have all judicial jurisdiction, authority, powers, functions and duties of the
municipal court of the other city and the judges thereof with respect to all
and any violations of the charter or ordinances of the other city. Unless the
agreement provides otherwise, and subject to the provisions of ORS 153.630, all
fines, costs and forfeited [bail] security deposits collected shall be
paid to the prosecuting city, and that city shall reimburse the city providing
judicial services for expenses incurred under the agreement. The exercise of
jurisdiction under such an agreement by a municipal judge shall not constitute
the holding of more than one office.
SECTION 266.
ORS 221.337 is amended to read:
221.337. (1) A city having a population of 300,000 or less may
enter into an agreement with the State Court Administrator for the provision of
judicial services by the circuit court for the county in which the city is
located.
(2) A circuit court providing services to a city under an
agreement entered into under subsection (1) of this section shall have all
judicial jurisdiction, authority, powers, functions and duties of the municipal
court of the city and the municipal court judges with respect to any violations
of the charter or ordinances of the city.
(3) Unless an agreement entered into under subsection (1) of
this section provides otherwise, and subject to the provisions of ORS 153.630,
all fines, costs and forfeited [bail] security deposits collected shall be
paid to the city, and the city shall reimburse the circuit court providing
judicial services for expenses incurred under the agreement.
(4) The exercise of jurisdiction under an agreement entered
into under subsection (1) of this section by a circuit court judge shall not
constitute the holding of more than one office.
SECTION 267.
ORS 221.918 is amended to read:
221.918. The recorder referred to in ORS 221.901 shall have
jurisdiction over violations of city ordinances, and may hold to [bail] security, fine, or commit persons found guilty thereof, and within
the city shall have jurisdiction and powers like a justice of the peace. The
law governing justices of the peace shall apply as far as applicable to all the
proceedings of the recorder. The recorder shall try, without a jury, all
persons accused of violating the ordinances; unless the defendant on demanding
a jury deposits in the court a sum sufficient to pay the per diem of such jury
for one day. Witnesses in the court of the recorder in such trials shall be
entitled to no compensation for their attendance unless the council by
ordinance otherwise provides. As recorder, the recorder may punish witnesses
and others for contempt, by a fine not to exceed $10, or in default of payment
of such fine by imprisonment in the city jail one day for every $2 of such
fine. The recorder shall keep a journal of the proceedings of the council, and
be ex officio assessor, and perform such other duties as required by ORS
221.901 to 221.928 or city ordinances.
SECTION 267a.
If Senate Bill 81 becomes law, section
267 of this 1999 Act (amending ORS 221.918) is repealed.
SECTION 268.
ORS 294.361 is amended to read:
294.361. (1) Each municipal corporation shall estimate in
detail its budget resources for the ensuing year by funds and sources.
(2) Budget resources include but are not limited to: The
balance of cash, cash equivalents and investments (in the case of a municipal
corporation on the cash basis) or the net working capital (in the case of a
municipal corporation on the accrual or modified accrual basis of accounting) [which] that will remain in each fund on the last day of the current year;
taxes; fees; licenses; fines; [forfeited
bail;] interest on deposits or on securities of any kind; endowments;
annuities; penalties; sales of property or other assets or products of any
kind; delinquent taxes; judgments; damages; rent; premiums on sales of bonds;
reimbursement for services, road or other work performed for others; transfer
or reverter of unused balances of any kind; reimbursement for services provided
other funds; rebates; refunds of moneys heretofore paid on any account;
apportionment, grant, contribution, payment or allocation from the federal or
state government or any unit of government; taxes for the ensuing year computed
in accordance with ORS 294.381; interfund revenue transfers; and revenues from
any and all other sources of whatsoever kind or character.
(3) Budget resources shall not include moneys accumulated under
an approved employee deferred compensation plan, interest or investment returns
earned on such moneys, grants, gifts, bequests or devises transferred to a
municipal corporation in trust for specific uses in the year of transfer.
However, such grants, gifts, bequests or devises shall be included as budget
resources if, by the time the budget committee approves the budget, the amount
thereof that will be received in the ensuing year can be reasonably estimated.
Such grants, gifts, bequests or devises may be placed in a trust and agency
fund, to then be appropriated from such fund or funds.
SECTION 269.
ORS 358.935 is amended to read:
358.935. (1) Any archaeological object or proceeds seized under
the provisions of ORS 358.925 shall be preserved and retained. At the time the
court sentences the defendant [or orders
bail forfeited] in the criminal prosecution for violation of the
archaeology laws, the court may order that any archaeological object or
proceeds from the sale of an archaeological object seized under ORS 358.925
shall be forfeited. Any archaeological object seized under the provisions of
ORS 358.905 to 358.955 and 390.235 shall be retained by the state and deposited
in the Oregon State Museum of Anthropology.
(2) If the archaeological objects or proceeds seized under ORS
358.925 are not subsequently forfeited, the State Historic Preservation Office
shall return or arrange for the return of the objects or proceeds, as the case
may be, to the person from whom they were seized.
SECTION 270.
ORS 376.385 is amended to read:
376.385. All fines and penalties collected, or [bail] security deposits forfeited, under ORS 376.990, shall be paid by
the court or judicial officer collecting the same to the county treasurer of
the county within which the violation occurred. The county treasurer shall credit
moneys so received to the general road fund of the county.
SECTION 271.
ORS 419C.179 is amended to read:
419C.179. Provisions regarding [bail] security for release
in criminal cases shall not be applicable to youths held or taken into custody
as provided in this chapter.
SECTION 272.
ORS 496.680 is amended to read:
496.680. (1) All wildlife taken by, or in the possession of any
person in violation of the wildlife laws, and all guns, boats, traps, fishing
apparatus and implements used in angling, hunting or trapping or taking any
wildlife in violation of the wildlife laws may be seized by any person
authorized to enforce the wildlife laws, and may be forfeited.
(2) All wildlife shot by any person while violating any
provision of ORS 164.245 to 164.270 or 498.120 shall be seized by any person
authorized to enforce the wildlife laws and shall be forfeited.
(3) If forfeited, such property shall be turned over to the
State Fish and Wildlife Commission by order of the court at the time of passing
sentence [or for forfeiture of bail]
for the violation.
(4) The commission may dispose of such property in any manner
it considers proper, but the clear proceeds derived from the sale of any seized
guns, boats, traps, fishing apparatus or implements shall be deposited in the
Common School Fund. Any wildlife taken in violation of the wildlife laws may be
disposed of forthwith or used for food purposes, under rules of the commission,
to prevent spoilage.
(5) Upon conviction of a person for taking wildlife while violating
any provision of ORS 164.245 to 164.270 or 498.120, the court shall include in
the sentence a requirement that the convicted person pay to the seizing agency
an amount equal to the cost incurred in seizing, storing and disposing of the
seized and forfeited wildlife.
SECTION 273.
ORS 497.415 is amended to read:
497.415. (1) Except as provided in ORS 497.435, when any person
is convicted of a violation of law or any rule adopted pursuant thereto[, forfeits bail] or otherwise fails to
comply with the requirements of a citation in connection with such violation as
provided in subsection (2) of this section, the court may order the State Fish
and Wildlife Commission to revoke such of the licenses, tags and permits issued
to that person pursuant to the wildlife laws as the court considers
appropriate. Revocation of licenses, tags and permits is in addition to and not
in lieu of other penalties provided by law.
(2) The license, tag and permit revocation provisions of
subsection (1) of this section apply to the following persons:
(a) Any person who is convicted of a violation of the wildlife
laws, or any rule adopted pursuant thereto, [who forfeits bail] or who
otherwise fails to comply with the requirements of a citation in connection
with any such offense when [bail has been
set in the amount of] the base fine
amount for the offense is $50 or more.
(b) Any person who is convicted of a violation of ORS 164.245,
164.255, 164.265, 164.345, 164.354 or 164.365 committed while the person was
angling, hunting or trapping[, who
forfeits bail] or who otherwise
fails to comply with the requirements of a citation in connection with any such
offense when [bail has been set in the
amount of] the base fine amount for
the offense is $50 or more.
(c) Any person who is convicted of a violation of ORS 166.630
or 166.638 committed while hunting[, who
forfeits bail] or who otherwise
fails to comply with the requirements of a citation in connection with any such
offense when [bail has been set in the
amount of] the base fine amount for
the offense is $50 or more.
(3) When a court orders the revocation of a license, tag or
permit pursuant to this section or ORS 497.435, the court shall take up any
such licenses, tags and permits and forward them, together with a copy of the
revocation order, to the commission. Upon receipt thereof, the commission shall
cause revocation of the appropriate licenses, tags and permits in accordance
with the court order.
(4) For purposes of the Wildlife Violator Compact, the
commission shall:
(a) Suspend a violator's license for failure to comply with the
terms of a citation from a party state. A copy of a report of failure to comply
from the licensing authority of the issuing state shall be conclusive evidence.
(b) Revoke a violator's license for a conviction in a party
state. A report of conviction from the licensing authority of the issuing state
shall be conclusive evidence.
(5) No person who has had a license, tag or permit revoked
pursuant to this section for the first time shall apply for or obtain another
such license, tag or permit for the period of 24 months from the date the court
ordered the revocation. Upon having a license, tag or permit revoked for a
second time pursuant to this section, no person shall apply for or obtain
another such license, tag or permit for the period of three years. Upon having
a license, tag or permit revoked for a third or subsequent time pursuant to
this section, no person shall apply for or obtain another such license, tag or
permit for the period of five years.
(6) If a person convicted of conduct described in subsection
(2) of this section does not possess at the time of conviction those licenses,
tags and permits issued pursuant to the wildlife laws that the court would have
revoked pursuant to this section, the court shall specify by order those
licenses, tags and permits that would have been revoked and shall forward a
copy of the order to the commission. No person who is the subject of such a
court order shall apply for, possess or obtain another such license, tag or
permit for the period of 24 months from the date of the order. Upon being the
subject of a court order under this subsection for a second time, no person
shall apply for or obtain another such license, tag or permit for the period of
three years. Upon being the subject of a court order under this subsection for
a third or subsequent time, no person shall apply for or obtain another such
license, tag or permit for the period of five years.
SECTION 274.
ORS 498.155 is amended to read:
498.155. If a vehicle owner cited under ORS 498.154 to appear
in a circuit or justice court upon an alleged parking offense fails to appear [or to forfeit bail] on or before the
date and time stated on the citation, the court and the Department of
Transportation may take such actions as are otherwise authorized by law under
the Oregon Vehicle Code in the case of a failure to appear, except that in no
case may a warrant of arrest be issued nor a criminal prosecution for failure
to appear be commenced unless the citing or prosecuting authority, more than 10
days prior thereto, has sent a letter to the registered owner at the address
shown upon the vehicle registration records of the department advising such
owner of the charge pending and informing the owner that the owner may be
subject to arrest if the owner does not appear in the court within 10 days to
answer the charge. The letter must be sent by certified mail, restricted
delivery, return receipt requested. A warrant of arrest may not be issued, nor
a criminal prosecution for failure to appear be commenced if such a letter has
not been sent or if the owner appears in court to answer the charge within 10
days after receiving the letter.
SECTION 275.
ORS 506.690 is amended to read:
506.690. (1) All fish taken by or in the possession of any
person in violation of the commercial fishing laws or the rules of the State
Fish and Wildlife Commission shall be seized by any member of the commission or
any officer described in ORS 506.521.
(2) Any fish seized under the provisions of subsection (1) of
this section may be disposed of, sold, preserved or used for food purposes,
under the rules of the commission, to prevent loss or spoilage. At the time the
court passes sentence [or orders bail
forfeited] in the criminal prosecution for violation of the commercial
fishing laws, the court may order that any fish seized under subsection (1) of
this section or the proceeds from the sale of such fish shall be forfeited. Any
moneys derived from the sale of any forfeited fish shall be deposited with the
State Treasurer to be placed in the General Fund in the State Treasury.
(3) If the fish seized under subsection (1) of this section are
not subsequently forfeited, the commission shall pay to the person from whom
the fish were seized an amount equal to the market value of the fish at the
time of seizure.
(4) The commission shall approve the amount to be paid under
subsection (3) of this section, and the claim shall be paid from the General
Fund in the manner provided by law for the payment of claims against the state.
There is appropriated continuously from the General Fund an amount equal to the
amounts approved by the commission under this subsection.
SECTION 276.
ORS 508.485 is amended to read:
508.485. Except for vessel licenses prescribed in ORS 508.285,
508.470, 508.755, 508.775 to 508.796, 508.801 to 508.825, 508.880, 508.883 and
508.889 to 508.910, the State Fish and Wildlife Commission may, in its
discretion, revoke for the remainder of the license year any license issued to
such person under the authority of the commission or the State Fish and
Wildlife Director, and in its discretion may refuse the issuance of any license
issued under the authority of the commission or director during any period not
to exceed one year from the date of the license revocation order:
(1) Upon conviction within this state of any person of
violation of any of the commercial fishing laws or rules [or upon forfeiture of bail on account of one of such offenses];
(2) Upon receiving notice from the agency that regulates
commercial fishing in the State of Washington of the conviction of any person
in that state of an offense which was a violation of Columbia River commercial
fishing rules adopted pursuant to the Columbia River Compact and which if committed
in this state would be grounds for license revocation pursuant to subsection
(1) of this section; [or]
(3) Upon conviction within this state of any person for
violation of ORS 498.022, or any rule promulgated pursuant thereto, involving
game fish, through the use of a license issued pursuant to the commercial
fishing laws[, or upon forfeiture of bail
in connection with such an offense.];
or
(4) Upon conviction within this state of a person for violation
of ORS 164.043 to 164.065 when the subject of the theft is commercial fishing
crab rings or crab pots, or the crabs taken therefrom[, or upon forfeiture of bail on account of any such offense].
SECTION 277.
ORS 704.040 is amended to read:
704.040. (1) The Legislative Assembly finds that violation of fire
prevention, wildlife, hunting, angling, trapping or commercial fishing laws is
directly related to the fitness required for registration as an outfitter and
guide.
(2) When any person is convicted of any violation of ORS
704.020 or 704.030 or any rule promulgated pursuant to ORS 704.500, [forfeits bail in connection with any such
offense,] or pleads nolo contendere to any such offense, the court having
jurisdiction of the offense may order the State Marine Board to revoke the
certificate of registration issued to that person pursuant to ORS 704.020.
(3) When a court orders revocation of a certificate of
registration pursuant to this section, the court shall take up the certificate
of registration and forward it with a copy of the revocation order to the
board. Upon receipt thereof, the board shall cause revocation of the
certificate of registration in accordance with the court order.
(4) A person who has had a certificate of registration revoked
pursuant to this section is ineligible to register under ORS 704.020 for a
period of 24 months from the date the court ordered the revocation.
(5) The board may reprimand an outfitter and guide or suspend,
revoke or deny for a period of up to 24 months the registration of an outfitter
and guide for:
(a) Any serious or repeated violation of this chapter or ORS
chapter 477, 496, 497, 498, 501, 506, 508, 509 or 511 or any rule adopted
pursuant thereto;
(b) Any serious or repeated violation of the fish and wildlife
laws or regulations of the Federal Government or of another state for
committing or omitting acts which, if committed or omitted in this state, would
be a violation of ethical or professional standards established pursuant to
this chapter. A certified copy of the record of suspension or revocation of the
state making such suspension or revocation is conclusive evidence thereof;
(c) Having an outfitter and guide registration, license, permit
or certificate suspended, revoked, canceled or denied by another state or by an
agency of the United States for committing or omitting acts which, if committed
or omitted in this state, would be a violation of ethical or professional
standards established pursuant to this chapter. A certified copy of the record
of suspension or revocation of the state making such suspension or revocation
is conclusive evidence thereof;
(d) Having a United States Coast Guard vessel operator license
revoked, suspended or canceled by the United States Coast Guard for committing
or omitting acts that if committed or omitted in this state would be a
violation of standards established pursuant to this chapter. A certified copy
of the record of revocation, suspension or cancellation from the United States
Coast Guard is conclusive evidence thereof; or
(e) Engaging in fraudulent, untruthful or seriously misleading
advertising in the conduct of the outfitting and guiding services.
(6) The board shall adopt rules to implement subsection (5) of
this section, including rules that describe conduct that is a serious or
repeated violation of a law, rule or regulation.
SECTION 278.
ORS 801.145 is amended to read:
801.145. "[Bail] Base fine amount" means [money or its equivalent deposited by a
defendant to secure the defendant's appearance for a traffic offense] the amount established under sections 34
to 39 of this 1999 Act for the purposes specified in ORS chapter 153.
SECTION 279.
ORS 802.240 is amended to read:
802.240. (1) In all actions, suits or criminal proceedings when
the title to, or right of possession of, any vehicle is involved, the record of
title, as it appears in the files and records of the Department of
Transportation, is prima facie evidence of ownership or right to possession of
the vehicle. As used in this section, the record of title does not include
records of salvage titles unless the record itself is the salvage title. Proof
of the ownership or right to possession of a vehicle shall be made by means of
any of the following methods:
(a) The original certificate of title as provided under ORS
803.010.
(b) A copy, certified by the department, of the title record of
the vehicle as the record appears in the files and records of the department.
(2) Extrinsic evidence of authenticity is not required as a
condition precedent to the admission of a copy of a document relating to the
privilege of any person to drive a motor vehicle authorized by law to be filed
and actually filed in the records of the department if the copy bears a seal
purporting to be that of the department and is certified as a true copy by
original or facsimile signature of a person purporting to be an officer or
employee of the department. This subsection applies to copies of a data
compilation in any form. Copies of documents certified in accordance with this
subsection constitute prima facie evidence of the existence of the facts stated
therein.
(3) A certified copy of a person's driving record, as
maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding
under ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was
duly convicted of [or forfeited bail or
security for] each offense shown by the record.
(c) Is prima facie evidence that the person named therein is
participating in or has participated in a driving under the influence of
intoxicants diversion program or in any similar alcohol or drug rehabilitation
program in this state or in any other jurisdiction if the record shows that the
person has participated in such a program.
(4) Records and actions described in this subsection shall not
be referred to in any way or admitted into evidence or be any evidence of the
negligence or due care of any party at the trial of any action at law to
recover damages. This subsection applies to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a
driver license or driver permit or taken by the department under the financial
responsibility requirements of the vehicle code or the findings, if any, of the
department upon which such action of the department is based.
(c) Any deposit of security required under the financial
responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports
filed with the department under ORS 811.725, 811.730 or 811.735 shall be
without prejudice to the individual filing the report and no such report shall
be used as evidence in any trial, civil or criminal, arising out of an
accident. The following uses are allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220
to show whether or not an accident report has been made to the department shall
be used solely to prove a compliance or failure to comply with the requirements
that the accident report be made to the department.
(b) An accident report submitted under ORS 811.725 or 811.735
may be used in an administrative hearing or an appeal from such hearing to
support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or
811.735.
(B) Failure to comply with financial responsibility
requirements or failure to comply with future responsibility filings.
(6) A photocopy, facsimile copy, digital or electronic copy of
an application for perfection of a security interest by notation on a title
under ORS 803.097 that is certified by the department is proof of the date of
perfection of the security interest unless the date is invalid as provided
under ORS 803.097.
SECTION 280.
ORS 807.270 is amended to read:
807.270. The Department of Transportation shall provide for
issuance of probationary driver permits in a manner consistent with this
section. A probationary driver permit grants the driving privileges provided in
this section or under the permit. Except as otherwise provided in this section,
a probationary driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to the corresponding class of license.
The following apply to a probationary driver permit:
(1) The department may issue a probationary driver permit to a
person whose driving privileges have been revoked as a habitual offender under
ORS 809.640.
(2) A probationary driver permit expires one year after
issuance and may be renewed for only one-year or shorter periods.
(3) A probationary driver permit shall only be issued to a
person while that person's driving privileges and right to apply for driving
privileges are otherwise revoked under ORS 809.640 because the person has been
determined to be a habitual offender.
(4) The fee charged for application or issuance of a
probationary driver permit is the probationary driver permit application fee
under ORS 807.370. The fee shall not be refunded if the application is denied
or if the driver permit is suspended or revoked. The fee upon renewal of the
driver permit shall be the fee charged for renewal of a probationary driver
permit under ORS 807.370. The application fee charged under this subsection is
in addition to any fee charged for reinstatement of driving privileges under
ORS 807.370.
(5) Before an applicant may be issued a probationary driver
permit, the applicant must meet the following qualifications in addition to any
other qualifications for the permit:
(a) The applicant must successfully complete a driver
improvement course approved by the department; and
(b) The applicant must submit a report of a diagnostic
examination conducted by a private physician showing to the satisfaction of the
Assistant Director for Health that the applicant is physically and mentally
competent to operate a motor vehicle.
(6) A person who is issued a probationary driver permit must
continually satisfy the conditions of the permit.
(7) If a person issued a probationary driver permit is
convicted of [or forfeits bail for]
one offense described in ORS 809.600 (1) or more than one offense described in
ORS 809.600 (2) within any 12-month period, the permit shall be revoked and no
license or permit may be issued for one year from the date of the revocation.
(8) The department may establish by rule additional limitations
for a probationary driver permit. The limitations may include any limitation,
condition or requirement. Violation of a limitation is punishable as provided
by ORS 811.175 and 811.182.
SECTION 280a.
ORS 807.330 is amended to read:
807.330. (1) Courts shall provide for the issuance of court
bail driver permits in a manner and to grant driving privileges consistent with
this section.
(2) The court bail driver permit shall act as a receipt for a
license that is accepted as security [for
bail] by a court under ORS 810.300 and 810.310.
(3) The permit confers on the person to whom it is issued the
same driving privileges as the license which was accepted as security [for bail].
(4) The Department of Transportation shall prepare a form for
the permit and all permits issued pursuant to this section shall conform to the
form so prepared.
(5) Upon issuance of a permit, a court shall promptly notify
the department of the fact.
(6) The driving privileges granted under the permit are valid
only until the time fixed for appearance or the expiration of 30 days from the
date the permit is issued, whichever first occurs.
(7) No fee shall be charged for issuance of the permit.
SECTION 281.
ORS 809.220 is amended to read:
809.220. This section establishes procedures that are
applicable if a person fails to [comply
with ORS 153.540] appear on a
citation for a traffic offense. All of the following apply to this section:
(1) If a defendant fails to [comply with ORS 153.540]
make any appearance required by the court or by law in a proceeding charging
the defendant with a traffic offense, [a] the court:
(a) Shall issue notice to the Department of Transportation to
suspend for failure to appear if the defendant [has not complied with ORS 153.540 (1)] is charged with a traffic crime. If a court issues notice under
this paragraph, the department shall suspend the driving privileges of the
person as provided under ORS 809.280.
(b) Shall issue notice to the department to implement
procedures under ORS 809.290 if the defendant [has not complied with ORS 153.540 (2)] is charged with a traffic violation. If a court issues notice
under this paragraph, the department shall implement procedures under ORS
809.290.
(2) In any notice to the department under this section, a court
shall certify that the defendant failed to [comply
with ORS 153.540] appear in the
proceedings in the manner required by the court or by law.
(3) Subject to ORS 809.267, at any time within five years from
the date of a notice to suspend for failure to appear given to the department
under this section, a court shall give a second notice to the department to
terminate a suspension resulting from the original notice if any of the
following occur:
(a) The [bail or] base fine amount or fine set by the
court is paid.
(b) The court finds the defendant not guilty or orders a
dismissal of the case.
(c) The court determines that the suspension for failure to pay
or appear should be terminated for good cause.
(4) Notifications by a court to the department under this
section shall be in a form prescribed by the department.
(5) A court shall not notify the department under this section
for failure to appear on any parking, pedestrian or bicyclist offense.
SECTION 282.
ORS 809.360 is amended to read:
809.360. (1) For purposes of determining whether grounds exist
for revoking or suspending driving privileges, an unvacated forfeiture of bail in another state equals a conviction.
(2) A suspension or revocation of driving privileges ordered by
a court shall run concurrently with any mandatory suspension or revocation
ordered by the Department of Transportation and arising out of the same
conviction.
(3) Judicial review of orders denying, suspending or revoking a
license, except where such suspension or revocation is mandatory, shall be as
provided in ORS 183.310 to 183.550.
(4) Whenever the department or a court has reason under any
laws of this state to suspend or revoke the driving privileges of any person
who does not hold current driving privileges to operate motor vehicles or whose
driving privileges are due to expire during a suspension period, the department
or court shall suspend or revoke the right of such person to apply for driving
privileges to operate motor vehicles in this state. A suspension or revocation
of a right to apply for driving privileges under this subsection shall be for
the period provided by law.
(5) Whenever the department or a court has reason under any
laws of this state to suspend the commercial driver license of any person who
does not hold a current commercial driver license or whose commercial driver
license is due to expire during a suspension period, the department or court
shall suspend the right of such person to apply for a commercial driver license
in this state. A suspension of a right to apply for a commercial driver license
under this subsection shall be for the period provided by law.
(6) Notwithstanding any other provision of law, a person who
holds a farm indorsement described in ORS 807.035 while operating within the limitations
of the indorsement is not subject to suspension of a commercial driver license
or of the right to apply for a commercial driver license for any offense that
would subject the driver of a commercial motor vehicle to such sanction.
Nothing in this subsection prohibits suspension of the person's Class C driver
license or the right to apply for such a license.
SECTION 283.
ORS 809.600 is amended to read:
809.600. This section establishes the number and kind of
offenses necessary to revoke the driving privileges of a person as a habitual
offender under ORS 809.640. The number and kind of offenses necessary to revoke
driving privileges as a habitual offender are as follows:
(1) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has been convicted
of [or forfeited bail for] three or
more of any one or more of the following offenses as evidenced by the records
maintained by the Department of Transportation or by the records of a similar
agency of another state:
(a) Any degree of murder, manslaughter, criminally negligent
homicide, assault, recklessly endangering another person, menacing or criminal
mischief resulting from the operation of a motor vehicle.
(b) Driving while under the influence of intoxicants under ORS
813.010.
(c) Criminally driving a motor vehicle while suspended or
revoked, under ORS 811.182.
(d) Reckless driving under ORS 811.140.
(e) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(f) Fleeing or attempting to elude a police officer under ORS
811.540.
(2) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has been convicted
of [or forfeited bail for] 20 or more
of any one or more of the following offenses as evidenced by the records
maintained by the department or by a similar agency of another state:
(a) Any offenses enumerated in subsection (1) of this section.
(b) Any offense under ORS 811.010 to 811.050, 811.100, 811.112
to 811.135, 811.123, 811.145 to 811.170, 811.175, 811.190 to 811.205, 811.260
to 811.390, 811.400 to 811.435, 811.445, 811.455, 811.460, 811.470 to 811.485,
811.495 to 811.510, 811.515 (1), (2), (6) and (12), 811.535, 811.565, 811.710,
814.130, 814.150, 814.200 to 814.220, 814.250, 814.320, 815.232, 815.270,
820.220 or 820.320.
(3) A person's driving privileges shall not be revoked under
subsection (2) of this section until the person's 21st conviction [or bail forfeiture] within a five-year
period when the 20th conviction [or bail
forfeiture] occurs after a lapse of two years or more from the last
preceding conviction [or bail forfeiture].
(4) The offenses described under this section include any of
the following:
(a) Any violation of a traffic ordinance of a city, municipal
or quasi-municipal corporation that substantially conforms to offenses
described under this section.
(b) Any violation of offenses under any federal law or any law
of another state, including subdivisions thereof, that substantially conforms
to offenses described in this section.
SECTION 284.
ORS 809.610 is amended to read:
809.610. (1) When the Department of Transportation receives an
abstract of the conviction [or bail
forfeiture], under ORS 153.625, and the conviction [or bail forfeiture] is the second one of those described by ORS
809.600 (1) for the person, the department immediately shall attempt to notify
the licensee and offer the licensee an opportunity of an advisory meeting with
a representative of the department. The notice shall be accomplished by mailing
the notice by first class mail.
(2) If the licensee requests a meeting under subsection (1) of
this section, the meeting shall be held in the county wherein the licensee
resides. At the meeting, the department shall advise the licensee of the
provisions of the Habitual Traffic Offenders Act and of the availability of
educational programs for driver improvement.
SECTION 284a.
ORS 809.716 is amended to read:
809.716. (1) A person entitled to lawful possession of a
vehicle impounded under ORS 809.715 or 809.720 may request a hearing to contest
the validity of the impoundment. A request must be made within five calendar
days [of the impoundment] after the date that notice of the
impoundment is mailed, as evidenced by the postmark, not including Saturdays,
Sundays or holidays. The request shall be made to a person designated by
the impounding police agency to receive such requests.
(2) When a timely request for a hearing is made, a hearing
shall be held before a hearings officer designated by the impounding police
agency. The hearing shall be set for four calendar days after the request is
received, excluding Saturdays, Sundays and holidays, but may be postponed at
the request of the person asking for the hearing.
(3) The impounding police agency shall have the burden of
proving by a preponderance of the evidence that there were reasonable grounds
to believe that the vehicle was being operated in violation of ORS 806.010,
807.010, 811.175, 811.182 or 813.010. The police officer who ordered the
vehicle impounded may submit an affidavit to the hearings officer in lieu of
making a personal appearance at the hearing.
(4) If the hearings officer finds that the impoundment of the
vehicle was proper, the hearings officer shall enter an order supporting the
removal and shall find that the owner or person entitled to possession of the
vehicle is liable for usual and customary towing and storage costs. The
hearings officer may also find the owner or person entitled to possession of
the vehicle liable for costs of the hearing.
(5) If the hearings officer finds that impoundment of the
vehicle was improper, the hearings officer shall order the vehicle released to
the person entitled to possession and shall enter a finding that the owner or
person entitled to possession of the vehicle is not liable for any towing or
storage costs resulting from the impoundment. If there is a lien on the vehicle
for towing and storage charges, the hearings officer shall order it paid by the
impounding police agency.
(6) A police agency may contract with another agency or entity
to conduct hearings under this section.
SECTION 285.
ORS 810.300 is amended to read:
810.300. (1) A court, including a magistrate or clerk or deputy
clerk authorized by the magistrate, shall release a person brought before it if
the person gives an adequate undertaking to appear in answer to the offense at
the time and place fixed by the court. A court, as it deems appropriate, is
authorized to accept and may require any of the following as security for the
appearance of an arrested person before the court on a traffic [offense] crime:
(a) An automobile membership card as described under ORS
810.330 and subject to limitations under that section.
(b) A guaranteed arrest bond certificate as described under ORS
810.320 and subject to limitations under that section.
(c) A license as described under ORS 810.310 and subject to
limitations under that section.
(d) Such sum as may be required by the court.
(2) A magistrate or clerk or deputy clerk authorized by the
magistrate has authority to accept security for the appearance of a person
arrested for a traffic [offense] crime and brought before the magistrate
or clerk or deputy clerk, as provided in this section. The following apply to
security that is accepted by a court under this section or that is forwarded to
a court by a police office under ORS 810.440 or 810.450:
(a) The security shall be returned to the person when the
person [is admitted to bail before the
court or the court may treat the security as bail] delivers any security amount required by the court. The court may require that any moneys
deposited as security be applied against the security amount set by the court.
(b) If the magistrate does not have jurisdiction of the [offense] crime, the magistrate shall promptly forward the security accepted
and all documents in connection with the case to the most conveniently located
court having jurisdiction of the [offense]
crime and in which the venue may
properly be laid.
SECTION 286.
ORS 810.310 is amended to read:
810.310. The current valid license of a person that is issued
by this state is acceptable, when authorized under ORS 810.300, as [bail] a security deposit for [the] a person [for] on a traffic [offense] crime. The use of a license as [bail] security under
this section is subject to all of the following:
(1) Upon acceptance of the license as security, the magistrate
or clerk or deputy clerk authorized by the magistrate shall issue the person a
court bail driver permit under ORS 807.330.
(2) If the person appears at the time fixed, the person's
license shall be returned to the person unless taken up by the court under ORS
809.250.
(3) If the person fails to appear at the time fixed, the court
shall forward the license to the Department of Transportation along with a
notification that the person failed to appear and a notification to suspend the
driving privileges of the person. The department shall take action on the
license and notice as provided under ORS 809.280.
SECTION 287.
ORS 810.320 is amended to read:
810.320. The unexpired guaranteed arrest bond certificate, as
defined in ORS 742.372, of a member of an automobile club or automobile
association is acceptable, when authorized under ORS 810.300, 810.440 or
810.450, as [bail] a security deposit for that member for
[the violation of] any traffic [offense] crime, other than a felony, if the [bail] security deposit
required does not exceed $1,000. The use of an unexpired guaranteed arrest bond
certificate as [bail] a security deposit under this section
is subject to all of the following:
(1) To qualify for use as [bail] a security deposit, a guaranteed
arrest bond certificate must have a surety company that has become a surety on
the certificate as provided under ORS 742.372 to 742.376.
(2) If the individual does not make the appearance, the surety
for the certificate is subject on the undertaking of the surety under ORS
742.374 to any forfeiture or enforcement provision of any statute, charter or
ordinance that otherwise applies to [bail] security deposits on their
undertaking.
SECTION 288.
ORS 810.330 is amended to read:
810.330. The unexpired membership card of any member of an
automobile association is acceptable as [bail] a security deposit for that member as
provided under this section. The use of an unexpired membership card as [bail] security deposit is subject to the following:
(1) The membership card may only be used as [bail] a security deposit:
(a) For the violation of any motor vehicle law of this state or
traffic [ordinance] crime of any city in this state if the
[bail] security amount in any individual case does not exceed $1,000; and
(b) When authorized under ORS 810.300, 810.440 or 810.450.
(2) To qualify for use as [bail] a security deposit, the membership
card must be the card of an automobile association incorporated under the laws
of this state that has deposited with and maintains with the State Treasurer
the sum of $2,000 in cash or in bonds approved by the State Treasurer.
(3) If a person deposits that person's membership card as [bail] a security deposit and the person fails or neglects to appear in
court at the time and place required, the magistrate or other officer before
whom the case is brought, upon declaring a forfeiture of the [bail] security amount, shall at once notify the association of the
forfeiture, and the amount thereof, by mail.
(4) The association, within five days after the receipt of
notice, under subsection (2) of this section, shall remit the amount of the [bail] security amount so forfeited to the magistrate or other officer.
If the association fails or refuses to remit the [bail] security amount
within that period, the magistrate or other officer having the matter in charge
or the district attorney shall notify the State Treasurer, who shall:
(a) Pay the security
amount [of the bail] to the officer
or magistrate lawfully entitled to receive it;
(b) Deduct that amount from the amount of deposit with the
State Treasurer by the association under this section; and
(c) Immediately notify the association and require it to
deposit a like sum with the State Treasurer.
(5) If the association fails or neglects for a period of 10
days to comply with the notice of the treasurer under subsection (3) of this
section, the membership cards of such association shall not thereafter be
accepted as [bail] a security deposit while the default
continues.
(6) Upon the payment of the [bail] security amount
under this section by the association, the membership card so deposited shall
be immediately returned to the association by the officer who accepted it as [bail] a security deposit.
SECTION 289.
ORS 810.365 is amended to read:
810.365. If a vehicle owner cited under ORS 810.425 to appear
in a circuit or justice court upon an alleged parking offense fails to appear [or to forfeit bail] on or before the
date and time stated on the citation, the court and the Department of
Transportation may take such actions as are otherwise authorized by law under
the Motor Vehicle Code in the case of a failure to appear, except that in no
case may a warrant of arrest be issued nor a criminal prosecution for failure
to appear be commenced unless the citing or prosecuting authority, more than 10
days prior thereto, has sent a letter to the registered owner at the address
shown upon the records of the department advising such owner of the charge
pending and informing the owner that the owner may be subject to arrest if the
owner does not appear in the court within 10 days to answer the charge. The
letter must be sent by certified mail, restricted delivery, return receipt
requested. A warrant of arrest may not be issued, nor a criminal prosecution
for failure to appear be commenced if such a letter has not been sent or if the
owner appears in court to answer the charge within 10 days after receiving the
letter.
SECTION 290.
ORS 810.440 is amended to read:
810.440. A police officer may take security for the appearance
of a person arrested for a traffic crime if it appears to the officer that the
arrested person might fail to appear in response to a citation. Authority
granted by this section is in addition to any authority to accept security
under ORS 810.450. The authority of an officer to take security under this
section is subject to all of the following:
(1) Except as otherwise provided in this section, an officer
may only take security if there is no accessible magistrate or clerk or deputy
clerk authorized by the magistrate.
(2) Except as otherwise provided in this section, an officer
may only accept as security the following, if the following would be acceptable
under ORS 810.300, for [bail] a security deposit for the offense for
which the arrest was made:
(a) An unexpired automobile membership card described under ORS
810.330; or
(b) An unexpired guaranteed arrest bond certificate described
under ORS 810.320.
(3) An officer may take security for offenses described in this
subsection whether or not there is an accessible magistrate or clerk or deputy
clerk authorized by the magistrate. This subsection applies to the following
offenses for which a jail sentence may be imposed:
(a) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
(b) Violation of posted weight limits under ORS 818.040.
(4) An officer who takes security under this section shall give
a receipt for the security accepted and shall issue the person a citation to
appear before a court having jurisdiction of the offense.
(5) An officer shall promptly cause any security accepted under
this section to be delivered to the court for disposition as provided under ORS
810.300.
SECTION 291.
ORS 810.530 is amended to read:
810.530. (1) A weighmaster or motor carrier enforcement officer
in whose presence an offense described in this section is committed may arrest
or issue a citation for the offense in the same manner as under ORS 810.410 as
if the weighmaster or motor carrier enforcement officer were a police officer.
This section applies to the following offenses:
(a) Violation of maximum weight limits under ORS 818.020.
(b) Violation of posted weight limits under ORS 818.040.
(c) Violation of administratively imposed weight or size limits
under ORS 818.060.
(d) Violation of maximum size limits under ORS 818.090.
(e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
(f) Violation of posted limits on use of road under ORS
818.130.
(g) Violation of towing safety requirements under ORS 818.160.
(h) Operating with sifting or leaking load under ORS 818.300.
(i) Dragging objects on highway under ORS 818.320.
(j) Unlawful use of devices without wheels under ORS 815.155.
(k) Unlawful use of metal objects on tires under ORS 815.160.
(L) Operation without pneumatic tires under ORS 815.170.
(m) Operation in violation of vehicle variance permit under ORS
818.340.
(n) Failure to carry and display permit under ORS 818.350.
(o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
(p) Violation of manufactured structure trip permit
requirements under ORS 803.600.
(q) Violation of any provision of ORS chapter 825.
(r) Operation without proper fenders or mudguards under ORS
815.185.
(2) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is subject to ORS [153.510 to 153.525 and 153.535 to 153.560] chapter 153.
(3)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
(b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier enforcement officer
by the Department of Transportation.
(4) A weighmaster or motor carrier enforcement officer may
arrest or cite for those offenses described in subsection (1) of this section.
A weighmaster or motor carrier enforcement officer may accept security in the
same manner as a police officer under ORS 810.440 and 810.450 and may take as
security for the offenses, in addition to other security permitted under this
section, the sum fixed as [bail] the base fine for the offense.
(5) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear [on a traffic offense under ORS 810.360] in a violation proceeding under section 29 of this 1999 Act if the
violation is based upon a citation for any offense described in subsection (1)
of this section except those in subsection (1)(p) or (q) of this section.
(6) A weighmaster or motor carrier enforcement officer may
exercise the same authority as a police officer under ORS 810.490 to enforce
vehicle requirements and detain vehicles. A person who fails to comply with the
authority of a weighmaster or motor carrier enforcement officer under this
subsection is subject to penalty under ORS 818.400.
SECTION 292.
ORS 811.230 is amended to read:
811.230. (1) As used in ORS 811.230, 811.231, 811.232 and
811.233:
(a) "Flagger" means a person who controls the
movement of vehicular traffic through construction projects using sign, hand or
flag signals.
(b) "Highway work zone" means an area identified by
advance warning where road construction, repair or maintenance work is being
done by highway workers on or adjacent to a highway, regardless of whether or
not highway workers are actually present. As used in this paragraph, "road
construction, repair or maintenance work" includes, but is not limited to,
the setting up and dismantling of advance warning systems.
(c) "Highway worker" means an employee of a
government agency, private contractor or utility company working in a highway
work zone.
[(d) "The fine
portion of a 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.]
(2)(a) [The bail or fine for a person charged with
or convicted of an offense listed in subsection (4) of this section shall be at
least the amount established by the Supreme Court pursuant to subsection (3) of
this section.] The base fine amount
for a person charged with an offense that is listed in subsection (3)(a) or (b)
of this section and that is committed in a highway work zone shall be the
amount established under sections 34 to 39 of this 1999 Act based on the
foundation amount calculated under section 37 of this 1999 Act. The minimum
fine for a person convicted of an offense that is listed in subsection (3)(a)
or (b) of this section and that is committed in a highway work zone is the base
fine amount so calculated.
(b) The minimum fine for a
person convicted of a misdemeanor offense that is listed in subsection (3)(c)
to (g) of this section and that is committed in a highway work zone is 20
percent of the maximum fine established for the offense.
(c) The minimum fine for a
person convicted of a felony offense that is listed in subsection (3)(c) to (g)
of this section and that is committed in a highway work zone is two percent of
the maximum fine established for the offense.
[(3) In establishing
minimum bail amounts under ORS 1.520 for traffic offenses described in this
section, the Supreme Court shall:]
[(a) Double the fine
portion of the bail amount established for the same offense occurring outside
of a highway work 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 highway work
zone.]
[(4)] (3) This section applies to the
following offenses if committed in a highway work zone:
(a) Class A or Class B traffic [infractions] violations.
(b) Class C or Class D traffic [infractions] violations
related to exceeding a legal speed.
[(c) Major traffic
offenses as defined in ORS 153.500.]
(c) Reckless driving, as
defined in ORS 811.140.
(d) Driving while under the
influence of intoxicants, as defined in ORS 813.010.
(e) Failure to perform the
duties of a driver involved in an accident or collision, as described in ORS
811.700 or 811.705.
(f) Criminal driving while
suspended or revoked, as defined in ORS 811.182.
(g) Fleeing or attempting to
elude a police officer, as defined in ORS 811.540.
[(5)] (4) A court shall not waive, reduce or
suspend the base fine amount [of bail] or minimum fine required by this section.
[(6)] (5) When a highway work zone is
created, the agency, contractor or company responsible for the work may post
signs designed to give motorists notice of the provisions of this section.
SECTION 293.
ORS 811.235 is amended to read:
811.235. (1)(a) [If signs authorized by ORS 810.245 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.] If signs authorized by ORS 810.245 are
posted, the base fine amount for a person charged with an offense that is
listed in subsection (2)(a) or (b) of this section and that is committed in a
school zone shall be the amount established under sections 34 to 39 of this
1999 Act based on the foundation amount calculated under section 37 of this
1999 Act. The minimum fine for a person convicted of an offense that is listed
in subsection (2)(a) or (b) of this section and that is committed in a school
zone is the base fine amount so calculated.
(b) If signs authorized by
ORS 810.245 are posted, the minimum fine for a person convicted of a
misdemeanor offense that is listed in subsection (2)(c) to (g) of this section
and that is committed in a school zone is 20 percent of the maximum fine established
for the offense.
(c) If signs authorized by
ORS 810.245 are posted, the minimum fine for a person convicted of a felony
offense that is listed in subsection (2)(c) to (g) of this section and that is
committed in a school zone is two percent of the maximum fine established for
the offense.
[(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)] (2) This section applies to the
following offenses if committed in a school zone:
(a) Class A or Class B traffic [infractions] violations.
(b) Class C or Class D traffic [infractions] violations
related to exceeding a legal speed.
[(c) Major traffic
offenses as defined in ORS 153.500.]
(c) Reckless driving, as
defined in ORS 811.140.
(d) Driving while under the
influence of intoxicants, as defined in ORS 813.010.
(e) Failure to perform the
duties of a driver involved in an accident or collision, as described in ORS
811.700 or 811.705.
(f) Criminal driving while
suspended or revoked, as defined in ORS 811.182.
(g) Fleeing or attempting to
elude a police officer, as defined in ORS 811.540.
[(4)] (3) A court shall not waive, reduce or
suspend the base fine amount [of bail] or minimum fine required by this section.
[(5)] (4) 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 293a.
If House Bill 2491 becomes law, section 2, chapter [At Desk upon adjournment],
Oregon Laws 1999 (Enrolled House Bill 2491), is amended to read:
Sec. 2. (1) In order
to determine the effect of increasing fines in safety corridors, signs shall be
posted in two safety corridors chosen by the Department of Transportation
indicating that fines for traffic offenses committed in those safety corridors
will be doubled.
[(2) In establishing
minimum bail amounts under ORS 1.520 for traffic offenses that occur in the
safety corridors designated by the department under subsection (1) of this
section, the Supreme Court shall:]
[(a) Double the fine
portion of the bail amount established for the same offense occurring outside
of the designated safety corridors; 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 the designated
safety corridors.]
(2)(a) The base fine
amount for a person charged with an offense that is listed in subsection (3)(a)
or (b) of this section and that is committed in a safety corridor shall be the
amount established under sections 34 to 39 of this 1999 Act based on the foundation
amount calculated under section 37 of this 1999 Act. The minimum fine for a
person convicted of an offense that is listed in subsection (3)(a) or (b) of
this section and that is committed in a safety corridor is the base fine amount
so calculated.
(b) The minimum fine for a
person convicted of a misdemeanor offense that is listed in subsection (3)(c)
to (g) of this section and that is committed in a safety corridor is 20 percent
of the maximum fine established for the offense.
(c) The minimum fine for a
person convicted of a felony offense that is listed in subsection (3)(c) to (g)
of this section and that is committed in a safety corridor is two percent of
the maximum fine established for the offense.
(3) This section applies to the following offenses if committed
in the designated safety corridors:
(a) Class A or Class B traffic [infractions] violations.
(b) Class C or Class D traffic [infractions] violations
related to exceeding a legal speed.
[(c) Major traffic
offenses as defined in ORS 153.500.]
(c) Reckless driving, as
defined in ORS 811.140.
(d) Driving while under the
influence of intoxicants, as defined in ORS 813.010.
(e) Failure to perform the
duties of a driver involved in an accident or collision, as described in ORS 811.700
or 811.705.
(f) Criminal driving while
suspended or revoked, as defined in ORS 811.182.
(g) Fleeing or attempting to
elude a police officer, as defined in ORS 811.540.
SECTION 293b.
Nothing in the amendments to section 2,
chapter [At Desk upon adjournment], Oregon Laws 1999 (Enrolled House
Bill 2491), by section 293a of this 1999 Act affects the repealing provisions
of section 3, chapter [At Desk upon adjournment], Oregon Laws 1999
(Enrolled House Bill 2491).
SECTION 293c.
If House Bill 2491 becomes law, section 37 of this 1999 Act is amended to read:
Sec. 37. If a person
is charged with a traffic offense, and the enforcement officer issuing the
citation notes on the citation that the offense occurred in a highway work zone
and is subject to the provisions of ORS 811.230, [or] occurred in a posted school zone and is subject to the
provisions of ORS 811.235, or occurred
in a safety corridor and is subject to the provisions of section 2, chapter [At
Desk upon adjournment], Oregon Laws 1999 (Enrolled House Bill 2491),
the foundation amount to be used in calculating the base fine under sections 34
to 39 of this 1999 Act is 80 percent of the maximum fine established for the
violation.
SECTION 293d.
If House Bill 2491 becomes law, section 37 of this 1999 Act, as amended by
section 293c of this 1999 Act, is amended to read:
Sec. 37. If a person
is charged with a traffic offense, and the enforcement officer issuing the
citation notes on the citation that the offense occurred in a highway work zone
and is subject to the provisions of ORS 811.230, or occurred in a posted school zone and is subject to the
provisions of ORS 811.235, [or occurred
in a safety corridor and is subject to the provisions of section 2, chapter [At
Desk upon adjournment], Oregon Laws 1999 (Enrolled House Bill 2491),]
the foundation amount to be used in calculating the base fine under sections 34
to 39 of this 1999 Act is 80 percent of the maximum fine established for the
violation.
SECTION 293e.
The amendments to section 37 of this 1999
Act by section 293d of this 1999 Act become operative on December 31, 2001.
SECTION 294.
ORS 813.170 is amended to read:
813.170. (1) Notwithstanding ORS 135.405 to 135.445, a person
charged with the offense of driving under the influence of intoxicants shall
not be allowed to [forfeit bail or]
plead "guilty" or "no contest" to any other offense in
exchange for a dismissal of the offense charged. No district attorney or city
attorney shall make any motion and no judge shall enter any order in derogation
of this section. This section does not prohibit diversion as provided under ORS
813.200.
(2) Notwithstanding ORS 135.881 to 135.901, a person charged
with the offense of driving under the influence of intoxicants shall not be
allowed to enter into any program of supervised performance or diversion except
as provided under ORS 813.200.
SECTION 295.
ORS 813.215 is amended to read:
813.215. A defendant is eligible for diversion if:
(1) The defendant had no charge of an offense of driving while
under the influence of intoxicants or its statutory counterpart in any
jurisdiction, other than the charge for the present offense, pending on the
date the defendant filed the petition for a driving while under the influence
of intoxicants diversion agreement;
(2) The defendant has not been convicted of [or forfeited bail or security for] an
offense described in subsection (1) of this section within the period beginning
10 years before the date of the commission of the present offense and ending on
the date the defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement;
(3) The defendant was not participating in a driving while
under the influence of intoxicants diversion program or in any similar alcohol
or drug rehabilitation program, other than a program entered into as a result
of the charge for the present offense, in this state or in any other
jurisdiction on the date the defendant filed the petition for a driving while
under the influence of intoxicants diversion agreement;
(4) The defendant did not participate in a diversion or
rehabilitation program described in subsection (3) of this section, other than
a program entered into as a result of the charge for the present offense,
within the period beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion agreement;
(5) The defendant had no charge of an offense of murder,
manslaughter, criminally negligent homicide or assault that resulted from the
operation of a motor vehicle pending in this state or in any other jurisdiction
on the date the defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement;
(6) The defendant has not been convicted of an offense
described in subsection (5) of this section within the period beginning 10
years before the date of the commission of the present offense and ending on
the date the defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement; and
(7) The present driving while under the influence of
intoxicants offense did not involve an accident resulting in death or physical
injury, as defined in ORS 161.015, to any person other than the defendant.
SECTION 296.
ORS 813.220 is amended to read:
813.220. After the time for requesting a hearing under ORS
813.210 has expired with no request for a hearing, or after a hearing requested
under ORS 813.210, the court shall determine whether to allow or deny a
petition for a driving while under the influence of intoxicants diversion
agreement. In making a determination under this section, the court:
(1) Shall consider whether the diversion will be of benefit to
the defendant and the community.
(2) May take into consideration whether there was an early
recognition by the defendant during the proceeding that a course of diagnosis
and treatment of problem drinking, alcoholism or drug dependency would be
beneficial.
(3) May take into consideration whether there is a probability
that the defendant will cooperate with the diagnostic assessment and treatment
agencies.
(4) May take into consideration whether the defendant will
observe the restrictions contained in the diversion agreement.
(5) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant failed to appear
at an arraignment on the present offense without good cause.
(6) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant was charged with[,] or
convicted of [or forfeited bail or
security for] an offense of driving while under the influence of
intoxicants or its statutory counterpart in any jurisdiction after the date the
defendant filed the petition.
(7) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant participated in a
driving while under the influence of intoxicants diversion program or in any
similar alcohol or drug rehabilitation program, other than a program entered
into as a result of the charge for the present offense, in this state or in any
other jurisdiction after the date the defendant filed the petition.
(8) Shall deny the petition for a driving while under the
influence of intoxicants diversion agreement if the defendant was charged with[,] or
convicted of [or forfeited bail or
security for] an offense of murder, manslaughter, criminally negligent
homicide or assault that resulted from the operation of a motor vehicle in this
state or in any other jurisdiction after the date the defendant filed the
petition.
SECTION 297.
ORS 813.240 is amended to read:
813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of intoxicants
diversion agreement as provided in ORS 813.210 shall be $237 and shall be
ordered paid as follows if the petition is allowed:
(a) $112 to be credited and distributed under ORS 137.295 as an
obligation payable to the state;
(b) $100 to be treated as provided for disposition of fines[,]
and costs [and forfeited bail]
under ORS 153.630; and
(c) $25 to be paid to the Assistant Director for Alcohol and
Drug Abuse Programs for deposit in the Intoxicated Driver Program Fund created
under ORS 813.270, to be used for purposes of the fund.
(2) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly to the agency
or organization providing the diagnostic assessment.
SECTION 298.
ORS 830.145 is amended to read:
830.145. (1) All fines [and
forfeited bail] resulting from prosecution under this chapter shall be
credited and distributed under ORS 137.293 and 137.295 as monetary obligations
payable to the state.
(2) Payment of fines [and
forfeited bail] collected in a justice court under this section shall be
made within the first 20 days of the month following the month in which
collected.
SECTION 299. ORS 609.092 is repealed.
ADJUSTMENTS FOR VIOLATIONS
OF ORDINANCES AND AGENCY RULES
SECTION 300.
ORS 100.990 is amended to read:
100.990. Subject to
section 76 of this 1999 Act, any person who violates any of the provisions
of ORS 100.015, 100.635 to 100.730 and 100.740 to 100.780 or any rules adopted
thereunder or any alternative requirements of the Real Estate Commissioner
prescribed pursuant to ORS 100.720 (3), shall be punished by a fine not
exceeding $10,000, or by imprisonment in the custody of the Department of
Corrections for a period not exceeding three years, or in the county jail not
exceeding one year, or by both such fine and imprisonment.
SECTION 301.
ORS 240.990 is amended to read:
240.990. (1) Subject to
section 76 of this 1999 Act, any person who willfully violates any
provision of this chapter or of the rules thereunder is guilty of a misdemeanor
and is punishable, upon conviction, by a fine of not more than $500 or by
imprisonment in the county jail for a term not exceeding one year, or both.
(2) Any person who fails to appear in response to a subpoena or
to answer any question or produce any books or papers pertinent to any
investigation or hearing authorized by this chapter is guilty of a misdemeanor.
(3) A state officer or employee who fails to comply with any
provision of this chapter or of any rule, regulation or order thereunder is
subject to all penalties and remedies provided by law for failure of a public
officer or employee to do an act required of a public officer or employee by
law.
(4) Any person who is convicted of a misdemeanor under this
chapter shall, for a period of five years, be ineligible for appointment to or
employment in a position in the state service, and if the person is an officer
or employee of the state, shall be deemed guilty of malfeasance in office and
shall be subject to forfeit of the office or position.
SECTION 302.
ORS 448.990 is amended to read:
448.990. (1) Violation of ORS 448.005 to 448.090 by any person,
firm or corporation, whether acting as principal or agent, employer or employee,
is punishable, upon conviction, by a fine of not less than $25 nor more than
$500 or by imprisonment in the county jail not exceeding six months, or by
both. Each day that the violation continues is a separate offense.
(2) Subject to section
76 of this 1999 Act, violation of any of the following is punishable as a
Class A misdemeanor:
(a) Any rule of the Health Division adopted pursuant to ORS
448.115 to 448.330.
(b) Any order issued by the Health Division pursuant to ORS
448.175.
(c) ORS 448.265 or 448.315 (2)(a).
SECTION 303.
ORS 448.994 is amended to read:
448.994. (1) Except as provided in subsection (2) of this
section, any person who knowingly and willfully violates ORS 448.455 (2) shall
upon conviction be punished by a fine of not more than $500 per day of
violation or imprisonment for not more than six months, or both.
(2) Subject to section
76 of this 1999 Act, any person who knowingly makes any false statement,
representation, or certification in any application, record, report, plan or
other document filed or required to be maintained under ORS 448.450 to 448.470
and 448.992, or by any rule adopted under ORS 448.450 to 448.470 and 448.992,
shall upon conviction, be punished by a fine of not more than $500 or by
imprisonment for not more than six months, or both.
SECTION 304.
ORS 466.995 is amended to read:
466.995. (1) Penalties provided in this section are in addition
to and not in lieu of any other remedy specified in ORS 459.005 to 459.105,
459.205 to 459.385, 466.005 to 466.385 or 466.992.
(2) Subject to section
76 of this 1999 Act, violation of a provision of ORS 466.605 to 466.680 or
of any rule or order entered or adopted under ORS 466.605 to 466.680 is
punishable, upon conviction, by a fine of not more than $10,000 or by
imprisonment in the county jail for not more than one year or both. Each day of
violation shall be considered a separate offense.
(3) Subject to section
76 of this 1999 Act, any person who knowingly violates any provision of ORS
466.706 to 466.845 and 466.994 or the rules adopted under ORS 466.706 to
466.845 and 466.994 shall be subject to a criminal penalty not to exceed
$10,000 or imprisonment for not more than one year or both. Each day of
violation shall be deemed a separate offense.
(4) Subject to section
76 of this 1999 Act, any person who knowingly violates any provision of ORS
465.200 to 465.510 or any rule or order adopted or issued under ORS 465.200 to
465.510 shall, upon conviction, be subject to a criminal penalty not to exceed
$10,000 or imprisonment for not more than one year, or both. Each day of
violation shall be deemed a separate offense.
SECTION 305.
ORS 468.922 is amended to read:
468.922. (1) A person commits the crime of unlawful disposal,
storage or treatment of hazardous waste in the second degree if the person, in
violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or
order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly
treats, stores or disposes of hazardous waste.
(2)(a) Subject to
section 76 of this 1999 Act, unlawful disposal, storage or treatment of
hazardous waste in the second degree is a Class B misdemeanor.
(b) Notwithstanding ORS 161.635, in addition to any term of
imprisonment that the court may impose under paragraph (a) of this subsection,
the court may impose a fine of up to $10,000.
SECTION 306.
ORS 468.929 is amended to read:
468.929. (1) A person commits the crime of unlawful transport
of hazardous waste in the second degree if the person, in violation of ORS
466.080, 824.090 or 825.258 or any rule, standard, license, permit or order
adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, knowingly
transports hazardous waste.
(2)(a) Subject to
section 76 of this 1999 Act, unlawful transport of hazardous waste in the
second degree is a Class B misdemeanor.
(b) Notwithstanding ORS 161.635, in addition to any term of
imprisonment that the court may impose under paragraph (a) of this subsection,
the court may impose a fine of up to $10,000.
SECTION 307.
ORS 468.936 is amended to read:
468.936. (1) A person commits the crime of unlawful air
pollution in the second degree if the person knowingly violates any applicable
requirement of ORS chapter 468A or a permit, rule or order adopted or issued
under ORS chapter 468A.
(2) Notwithstanding ORS 161.515 [and 161.565 (1),] and
subject to section 76 of this 1999 Act, unlawful air pollution in the
second degree is a criminal offense punishable solely by a fine of up to
$10,000.
SECTION 308.
ORS 468.943 is amended to read:
468.943. (1) A person commits the offense of unlawful water
pollution in the second degree if the person with criminal negligence violates
ORS chapter 468B or any rule, standard, license, permit or order adopted or
issued under ORS chapter 468B.
(2) Subject to section
76 of this 1999 Act, unlawful water pollution in the second degree is
punishable by a fine of up to $25,000 or imprisonment for not more than one
year, or both.
SECTION 309.
ORS 469.992 is amended to read:
469.992. (1) The administrator of the Office of Energy or the
Energy Facility Siting Council may impose civil penalties for violation of ORS
469.300 to 469.619 and 469.930, for violations of rules adopted under ORS
469.300 to 469.619 and 469.930, or for violation of any site certificate issued
under ORS 469.300 to 469.601. A civil penalty in an amount of not more than
$25,000 per day for each day of violation may be assessed.
(2) Subject to section
76 of this 1999 Act, violation of an order entered pursuant to ORS 469.550
is punishable upon conviction by a fine of $50,000. Each day of violation
constitutes a separate offense.
(3) A civil penalty in an amount not less than $100 per day nor
more than $1,000 per day may be assessed by the administrator or the Energy
Facility Siting Council for a willful failure to comply with a subpoena served
by the administrator pursuant to ORS 469.080 (2).
(4) A civil penalty in an amount of not more than $25,000 per
day for each day in violation of any provision of ORS 469.603 to 469.619 may be
assessed by the circuit court upon complaint of any person injured by the
violation.
SECTION 310.
ORS 469.992, as amended by section 17, chapter 653, Oregon Laws 1991, is
amended to read:
469.992. (1) The administrator of the Office of Energy or the
Energy Facility Siting Council may impose civil penalties for violation of ORS
469.300 to 469.619 and 469.930, for violations of rules adopted under ORS
469.300 to 469.619 and 469.930, or for violation of any site certificate issued
under ORS 469.300 to 469.601. A civil penalty in an amount of not more than
$25,000 per day for each day of violation may be assessed.
(2) Subject to section
76 of this 1999 Act, violation of an order entered pursuant to ORS 469.550
is punishable upon conviction by a fine of $50,000. Each day of violation
constitutes a separate offense.
(3) A civil penalty in an amount not less than $100 per day nor
more than $1,000 per day may be assessed by the administrator or the Energy
Facility Siting Council for a willful failure to comply with a subpoena served
by the administrator pursuant to ORS 469.080 (2).
(4) A civil penalty in an amount of not more than $25,000 per
day for each day in violation of any provision of ORS 469.603 to 469.619 or
section 14 [of this 1991 Act], chapter 653, Oregon Laws 1991, may be
assessed by the circuit court upon complaint of any person injured by the
violation.
SECTION 311. Nothing in the amendments to ORS 469.992 by
section 309 or 310 of this 1999 Act affects the provisions of section 18,
chapter 653, Oregon Laws 1991.
SECTION 312.
ORS 476.990 is amended to read:
476.990. (1) Violation of ORS 476.150 (2) is a misdemeanor. All
penalties, fees or forfeitures collected under the provisions of this
subsection, ORS 476.010 to 476.090, 476.155 to 476.170 and 476.210 to 476.270
shall be paid into the State Treasury.
(2) Violation of ORS 476.380 (1) is a misdemeanor.
(3) Violation of ORS 476.410 to 476.440 is punishable, upon
conviction, by a fine of not less than $25 nor more than $250, or by
imprisonment in the county jail for not less than 10 or more than 60 days, or
both. Justices of the peace and district judges shall have concurrent
jurisdiction with the circuit courts over prosecutions for such violations.
(4) Violation of any provision of ORS 476.510 to 476.610 is a
misdemeanor.
(5) Subject to section
76 of this 1999 Act, violation of ORS 476.710, 476.715 or of any rule or
regulation of the Department of Transportation promulgated thereunder is
punishable, upon conviction, by a fine not exceeding $500 or imprisonment in
the county jail not exceeding six months, or both.
SECTION 313.
ORS 506.755 is amended to read:
506.755. (1) The State of Oregon adopts a Fisheries
Conservation Zone for the maintenance, preservation and protection of all
coastal species of fish and other marine fisheries resources between the mean
high water mark of the state and a straight line extension of the lateral
boundaries of the state drawn seaward to a distance of 50 statute miles.
(2) Activities of marine commercial fishing within the limits
and boundaries of the Fisheries Conservation Zone shall be under the
jurisdiction and regulation of the commission.
(3) The commission shall study the fishery within the zone and
when appropriate adopt, amend or repeal all rules, according to the provisions
of ORS 506.119 and 506.129 necessary for the maintenance, preservation and
protection of all coastal species of fish and other marine fisheries resources.
(4) The jurisdiction within the Fisheries Conservation Zone
shall include, but not be limited to, provisions for inspection of catch,
particularly regarding anadromous fish; rules relating to methods of fishing,
size and kind of gear and nets; rules designating seasons, closures and
restricted areas.
(5) ORS 506.501 to 506.695 shall provide the authority for
enforcing rules adopted by the commission as specified in this section.
(6) Subject to section
76 of this 1999 Act, any person convicted of violating any rule authorized
under the provisions of this section shall be punished by a fine not to exceed
$10,000.
(7) Nothing contained within this section is intended to
abrogate a nation's right of free passage or navigation of the high seas.
(8) Nothing contained within this section is intended to
abrogate international fish compacts, agreements or treaties providing for the
management of anadromous or pelagic fish species.
SECTION 314.
ORS 506.991 is amended to read:
506.991. (1) Except as provided in this section, and subject to section 76 of this 1999 Act,
violation of any provision of the commercial fishing laws, or of any rule
promulgated by the State Fish and Wildlife Commission in carrying out the
commercial fishing laws, is a Class A misdemeanor.
(2) In lieu of the fine provided in ORS 161.635, and in
addition to the imprisonment provided in ORS 161.615, any violation of this
section is punishable as follows:
(a) For the first conviction, a fine not to exceed $2,500.
(b) For the second conviction within a 10-year period, a fine
not to exceed $4,000.
(c) For the third conviction within a 10-year period, a fine
not to exceed $10,000.
(d) For the fourth and subsequent convictions within a 10-year
period, a fine not to exceed $25,000.
(3) Violation of any provision of ORS 509.011 which occurs more
than 12 hours prior to or more than 12 hours subsequent to a season established
under ORS 506.129 by the commission for the lawful taking of food fish when the
total value of the food fish is $200 or more is a Class C felony.
(4) In addition to the penalties of this section and
notwithstanding the provisions of ORS 506.690, all fish or sexual products
therefrom taken by or in the possession of any person sentenced under this
section shall be seized and confiscated, condemned, and sold.
SECTION 315.
ORS 520.991 is amended to read:
520.991. Subject to
section 76 of this 1999 Act, violation of any provision of this chapter or
any rule, regulation or order of the governing board of the State Department of
Geology and Mineral Industries is punishable, upon conviction, by a fine not
exceeding $2,500 or imprisonment in the county jail for a term not exceeding
six months, or both.
SECTION 316.
ORS 522.990 is amended to read:
522.990. Subject to
section 76 of this 1999 Act, violation of any provision of this chapter or
of any rule or order of the governing board of the State Department of Geology
and Mineral Industries made thereunder, excluding ORS 522.405 to 522.545 and
any rule promulgated thereunder, is punishable, upon conviction, by a fine of
not more than $2,500 or by imprisonment in the county jail for not more than
six months, or both.
SECTION 317.
ORS 527.990 is amended to read:
527.990. (1) Subject to
section 76 of this 1999 Act, violation of ORS 527.670, 527.676, 527.740,
527.750 or 527.755, or any rule promulgated under ORS 527.710 is punishable,
upon conviction, as a misdemeanor. Each day of operation in violation of an
order issued under ORS 527.680 (3) shall be deemed to be a separate offense.
(2) Violation of ORS 527.260 (1) is a misdemeanor. Violation of
ORS 527.260 is punishable, upon conviction, by a fine of not more than $250 or
by imprisonment in the county jail for not more than 60 days, or both.
SECTION 318.
ORS 571.991 is amended to read:
571.991. Subject to
section 76 of this 1999 Act, violation of ORS 571.005 to 571.230 or rules
adopted thereunder is punishable, upon conviction, by a fine of not more than
$5,000.
SECTION 319.
ORS 600.990 is amended to read:
600.990. Subject to
section 76 of this 1999 Act, violation of any of the provisions of this
chapter, or any rule or regulation of the department made under such
provisions, is punishable, upon conviction, by a fine of not less than $10 nor
exceeding $250 or by imprisonment in the county jail not exceeding one year, or
both.
SECTION 320.
ORS 602.990 is amended to read:
602.990. Subject to
section 76 of this 1999 Act, violation of any of the provisions of ORS
602.090 or 602.190, or any rule adopted pursuant thereto, is punishable, upon
conviction, by a fine not exceeding $500 or imprisonment in the county jail not
exceeding six months, or both.
SECTION 321.
ORS 654.991 is amended to read:
654.991. (1) Subject to
section 76 of this 1999 Act, any employer who willfully violates any
provision of, or any regulation, rule, standard or order promulgated pursuant
to, ORS 654.001 to 654.295 and 654.750 to 654.780, and that violation is found
to have caused or materially contributed to the death of any employee, shall,
upon conviction, be punished by a fine of not more than $10,000 or by
imprisonment for not more than six months, or by both; except that if the
conviction is for a violation committed after a first conviction of such
person, punishment shall be by a fine of not more than $20,000 or by
imprisonment for not more than one year, or by both. For the purposes of this
subsection, a violation is willful if it is committed knowingly by an employer
or supervisory employee who, having a free will or choice, intentionally or
knowingly disobeys or recklessly disregards the requirements of a regulation,
rule, standard or order. ORS 161.085 shall apply to terms used in this section.
(2) Any person who gives advance notice of any inspection to be
conducted under ORS 654.001 to 654.295 and 654.750 to 654.780, without
authority from the Director of the Department of Consumer and Business Services
or the designees of the director, shall, upon conviction, be punished by a fine
of not more than $1,000 or by imprisonment for not more than six months, or by
both.
(3) Whoever knowingly makes a false statement, representation,
or certification in any application, record, report, plan, or other document
filed or required to be maintained pursuant to ORS 654.001 to 654.295 and
654.750 to 654.780 shall, upon conviction, be punished by a fine of not more
than $10,000 or by imprisonment for not more than six months, or by both.
(4) Punishment under this section does not affect or lessen the
civil liability of the offender.
SECTION 322.
ORS 657.990 is amended to read:
657.990. (1) Violation of ORS 657.295 is punishable for each
offense, upon conviction, by a fine of not less than $50 nor more than $500, or
by imprisonment for not more than six months, or both.
(2) Violation of ORS 657.300 is a misdemeanor.
(3) In addition to any penalties otherwise prescribed in this
chapter, violation of ORS 657.495, 657.565, 657.660 (2) or any other provision
of this chapter is a misdemeanor and, upon conviction, is punishable by a fine
of not less than $100 nor more than $500, or by imprisonment for not more than
90 days, or both. If an offending employer or the employer of an offending
agent is a corporation, the president, secretary and the treasurer, or officers
exercising corresponding functions, shall be subject to the penalties in this
subsection in respect to any duties, of which they respectively had or, in the
proper exercise of their duties, ought to have had knowledge.
(4) Subject to section
76 of this 1999 Act, willful violation of this chapter or of any order,
rule or regulation thereunder, the violation of which is made unlawful or the
observance of which is required under this chapter, and for which a penalty
neither is prescribed in this section nor provided by any other applicable
statute, is punishable, upon conviction, by a fine of not less than $20 nor
more than $200, or by imprisonment for not more than 60 days, or both. Each day
such violation continues is considered a separate offense.
(5) Circuit courts and justice courts have concurrent
jurisdiction of any offense under this section.
MISCELLANEOUS PROVISIONS
SECTION 322a.
If Senate Bill 81 becomes law, section 10, chapter 788, Oregon Laws 1999
(Enrolled Senate Bill 81), is amended to read:
Sec. 10. (1) A
municipal court of this state that registers under section 7, chapter 788, Oregon Laws 1999 (Enrolled
Senate Bill 81), [of this 1999 Act]
must maintain a docket. A municipal judge must enter the following information
in the docket for the municipal court:
(a) The title of every action or proceeding commenced in the
court, with the names of the parties thereto and the time of commencement
thereof.
(b) The date of making or filing any pleading.
(c) An order allowing a provisional remedy, and the date of
issuing and returning the summons or other process.
(d) The time when each party appears, or a party's failure to
do so.
(e) Every postponement of a trial or proceeding, upon whose
application and to what time.
(f) The demand for a jury, if any, and by whom made.
(g) The order for a jury and the time appointed for trial.
(h) The return of an order for a jury, the names of the persons
impaneled and sworn as a jury and the names of all witnesses sworn and at whose
request.
(i) The verdict of the jury and when given or, if the jury
disagrees and is discharged without giving a verdict, a statement of such
disagreement and discharge.
(j) The judgment of the court and when given.
(k) The date on which any judgment is docketed in the docket.
(L) The fact of an appeal having been made and allowed, and the
date thereof, with a memorandum of the undertaking, and the justification of
the sureties.
(m) Satisfaction of the judgment or any part thereof.
(n) A memorandum of all orders relating to security release [the
admission of bail, taking bail or commitment for want thereof].
(o) All other matters that may be material or specially
required by any statute.
(2) The docket of a municipal court under this section may be
maintained in electronic form.
SECTION 322b.
If House Bill 2425 becomes law, ORS 609.990, as amended by sections 12 and 12a,
chapter 658, Oregon Laws 1999 (Enrolled House Bill 2425), is amended to read:
609.990. (1) Violation of ORS 609.060 (2), 609.100 or 609.160
is punishable by a fine of not more than $250.
(2) Except as provided under subsections (3) and (4) of this
section, maintaining a public nuisance in violation of ORS 609.095 (2) or (3)
is punishable by a fine of not more than $250. In addition to any sentence
imposed or restitution ordered under this section, if a dog is a public
nuisance as described under ORS 609.095, the court may impose reasonable
restrictions on the keeping of the dog to ensure the safety or health of the
public. However, if the dog has menaced or chased a person when not on the
premises of the keeper, instead of imposing reasonable restrictions under this
subsection, the court shall make a disposition of the dog as permitted under
subsection (3) of this section. The keeper must pay the cost of complying with
reasonable restrictions. As used in this subsection, "reasonable
restrictions" may include, but is not limited to, sterilization.
(3) [Notwithstanding ORS
161.635 (3),] When a dog is a public nuisance because the dog bites a
person, maintaining the nuisance in violation of ORS 609.095 (2) or (3) is
punishable by a fine of not more than $500. In addition to any sentence imposed
or restitution ordered under this section, the court may, after consideration
of the factors described in section 2,
chapter 658, Oregon Laws 1999 (Enrolled House Bill 2425) [of this 1999 Act], order that the dog be
killed in a humane manner. If the dog is not killed, the court:
(a) Shall order that the dog undergo sterilization. The
sterilization procedure shall be at the expense of the keeper of the dog; and
(b) May impose reasonable restrictions on the keeping of the
dog. The keeper must pay the cost of complying with the reasonable
restrictions.
(4) Notwithstanding subsection (3) of this section, a dog
keeper maintaining a nuisance described under subsection (3) of this section
commits a Class C misdemeanor if the keeper has previously been convicted of a
violation or crime because of any dog biting a person. In addition to any
sentence imposed or restitution ordered under this section, the court may order
any disposition of the dog as permitted under subsection (3) of this section.
(5) Violation of ORS 609.405 constitutes a Class C misdemeanor.
SECTION 322c.
If House Bill 2535 becomes law, section 16, chapter [Bill failed],
Oregon Laws 1999 (Enrolled House Bill 2535), is amended to read:
Sec. 16. (1) A
person commits the offense of unlawful storage of a firearm if:
(a) The person, with criminal negligence, stores or leaves a
loaded firearm without:
(A) Having a locked device in place that prevents the discharge
of the firearm; or
(B) Placing the firearm in a locked storage device or locked
storage area, with the combination set or with the key kept in a separate
place;
(b) A child under 15 years of age gains access to the firearm;
and
(c) The child injures or kills a person within 24 hours after
acquiring the firearm.
(2) Unlawful storage of a firearm is a violation punishable by
a fine[, notwithstanding ORS 161.635,]
of up to $1,000.
(3) Subsection (1) of this section does not apply if:
(a) The child obtains and possesses the firearm while under the
direct supervision of a person who is at least 18 years of age; or
(b) The child obtains possession of the firearm through the
illegal act of any person other than the person referred to in subsection
(1)(a) of this section.
SECTION 322d.
If House Bill 2731 becomes law, section 3, chapter 942, Oregon Laws 1999 (Enrolled
House Bill 2731), is amended to read:
Sec. 3. Violation of
section 1 or 2, chapter 942, Oregon Laws
1999 (Enrolled House Bill 2731), [of
this 1999 Act] is a violation. [Notwithstanding
ORS 161.635,] A person violating section 1 or 2, chapter 942, Oregon Laws 1999 (Enrolled House Bill 2731), [of this 1999 Act] is subject to a fine
of up to $500.
SECTION 322e.
If House Bill 3054 becomes law, section 3, chapter [Vetoed], Oregon Laws
1999 (Enrolled House Bill 3054), is amended to read:
Sec. 3. (1) A person
commits the offense of unlawful posting of land if:
(a) The person places any sign upon real property that
indicates that no trespassing is allowed on the property, that indicates that
no hunting is allowed on the property or that contains any other indication
that persons may not enter upon the property; and
(b) The person placing the sign is not the owner of the real
property or a tenant, lessee or other person with a right to possession of the
real property.
(2) Unlawful posting of land is a violation [and, notwithstanding ORS 161.635, is]
subject to a fine of up to $1,000.
SECTION 322f.
Section 1, chapter 229, Oregon Laws 1999 (Enrolled House Bill 3276), is amended
to read:
Sec. 1. (1) For the
purposes of this section:
(a) "Inhalant" means any glue, cement or other
substance that is capable of causing intoxication and that contains one or more
of the following chemical compounds:
(A) Acetone;
(B) Amyl acetate;
(C) Benzol or benzene;
(D) Butane;
(E) Butyl acetate;
(F) Butyl alcohol;
(G) Carbon tetrachloride;
(H) Chloroform;
(I) Cyclohexanone;
(J) Difluoroethane;
(K) Ethanol or ethyl alcohol;
(L) Ethyl acetate;
(M) Hexane;
(N) Isopropanol or isopropyl alcohol;
(O) Isopropyl acetate;
(P) Methyl cellosolve acetate;
(Q) Methyl ethyl ketone;
(R) Methyl isobutyl ketone;
(S) Nitrous oxide;
(T) Toluol or toluene;
(U) Trichloroethylene;
(V) Tricresyl phosphate;
(W) Xylol or xylene; or
(X) Any other solvent, material, substance, chemical or
combination thereof having the property of releasing toxic vapors or fumes.
(b) "Intoxication" means any mental or physical
impairment or incapacity.
(2) It is unlawful for a person to possess any inhalant if the
person intends to use the inhalant for the purpose of inducing intoxication in
the person who possesses the inhalant or for the purpose of inducing
intoxication in any other person.
(3) A person may not use any inhalant for the purpose of
inducing intoxication in the person using the inhalant or for the purpose of
inducing intoxication in any other person.
(4) The prohibitions of this section do not apply to any
substance that:
(a) Has been prescribed by a health practitioner, as described
in ORS 18.550, and that is used in the manner prescribed by the health
practitioner; or
(b) Is administered or used under the supervision of a health
practitioner, as described in ORS 18.550.
(5)(a) Any person who violates this section commits a
violation. [Notwithstanding ORS 161.635
(3),] Violation of this section is punishable by a fine of not more than
$300. In addition to or in lieu of a fine, a juvenile court may require that a
minor who engages in conduct prohibited by this section be provided with
treatment and counseling.
(b) Notwithstanding paragraph (a) of this subsection, a second
or subsequent violation of this section by a person is a Class B misdemeanor.
If a juvenile court finds that a minor has engaged in conduct prohibited by
this section on a second or subsequent occasion, the court shall require that
the minor receive treatment and counseling.
SECTION 323. (1) Sections 7 to 29 and 34 to 39 of this
1999 Act apply only to citations issued on or after the operative date of
sections 1 to 325 of this 1999 Act. Any proceeding for prosecution of an
offense commenced by the issuance of a citation before the operative date of
sections 1 to 325 of this 1999 Act shall continue to be governed by the law in
effect immediately before the operative date of sections 1 to 325 of this 1999
Act.
(2) Sections 57, 60 and 61
of this 1999 Act and the amendments to ORS 133.065 and 133.070 by sections 58
and 62 of this 1999 Act apply only to citations issued on or after the
operative date of sections 1 to 325 of this 1999 Act. Any proceeding for
prosecution of an offense commenced by the issuance of a citation before the
operative date of sections 1 to 325 of this 1999 Act shall continue to be
governed by the law in effect immediately before the operative date of sections
1 to 325 of this 1999 Act.
(3) Any change to the fine
or penalty imposed for an offense by reason of the provisions of this 1999 Act
applies only to offenses that are committed on or after the operative date of
sections 1 to 325 of this 1999 Act. Any offense committed before the operative
date of sections 1 to 325 of this 1999 Act shall continue to be subject to the
fine or penalty under the law in effect immediately before the operative date
of sections 1 to 325 of this 1999 Act.
(4) Any references to
infractions in computer records or other records of the Department of
Transportation, or in the computer records or other records of other agencies
that enforce laws designated as infractions, that may exist or be generated on
or after the operative date of sections 1 to 325 of this 1999 Act shall be
considered references to violations for the purposes of this 1999 Act.
References to Class A traffic infractions shall be considered references to
Class A violations under section 4 of this 1999 Act. References to Class B
traffic infractions shall be considered references to Class B violations under
section 4 of this 1999 Act. References to Class C traffic infractions shall be
considered references to Class C violations under section 4 of this 1999 Act.
References to Class D traffic infractions shall be considered references to
Class D violations under section 4 of this 1999 Act.
SECTION 324. (1) For the purposes of harmonizing and
clarifying the statute sections published in the Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating infractions, wherever
they occur in the Oregon Revised Statutes, other words designating violations.
(2) For the purposes of
harmonizing and clarifying the statute sections published in the Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating traffic
infractions, wherever they occur in the Oregon Revised Statutes, other words
designating traffic violations.
SECTION 325. The unit and section captions used in this
1999 Act are provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any legislative intent in
the enactment of this 1999 Act.
SECTION 326. Sections 1 to 325 of this 1999 Act become
operative on January 1, 2000.
SECTION 327.
If House Bill 2071 becomes law, section 1, chapter 851, Oregon Laws 1999
(Enrolled House Bill 2071), is amended to read:
Sec. 1. (1) The
following cities may, at their own cost, operate camera demonstration projects
designed to photograph drivers who violate ORS 811.265 by failing to obey a
traffic control device:
(a) Beaverton.
(b) Bend.
(c) Medford.
(d) Newberg.
[(d)] (e) Portland.
(f) Tigard.
(2) Cameras used in the demonstration projects may be mounted
on street lights or put in other suitable places.
(3) A city named in subsection (1) of this section, if it
chooses to operate a camera demonstration project, shall:
(a) Provide a public information campaign to inform local
drivers about the use of cameras before citations are actually issued; and
(b) Conduct a process and outcome evaluation of the demonstration
project for the Department of Transportation that includes:
(A) The effect of the project on traffic safety;
(B) The degree of public acceptance of the project; and
(C) The process of administration of the project.
(4) The Department of Transportation shall provide an executive
summary of the demonstration projects to the Seventy-first Legislative
Assembly.
SECTION 328. Nothing in the amendments to section 1,
chapter 851, Oregon Laws 1999 (Enrolled House Bill 2071), by section 327 of
this 1999 Act affects the repealing provisions of section 3, chapter 851,
Oregon Laws 1999 (Enrolled House Bill 2071).
Approved by the Governor
September 1, 1999
Filed in the office of the
Secretary of State September 1, 1999
Effective date October 23,
1999
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