Chapter 598
Oregon Laws 2011
AN ACT
SB 395
Relating to
driving while under the influence of intoxicants; creating new provisions;
amending ORS 813.012 and section 3, chapter 1, Oregon Laws 2011; declaring an
emergency; and providing for criminal sentence reduction that requires approval
by a two-thirds majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.012 is amended to
read:
813.012. (1) The Oregon Criminal
Justice Commission shall classify [a
violation of ORS 813.010 that is a felony] felony driving while under
the influence of intoxicants that is committed under the circumstances
described in ORS 813.010 (5) as crime category 6 of the rules of the Oregon
Criminal Justice Commission.
(2) In determining criminal history
for a person convicted of a felony that has operation of a motor vehicle as an
element, or of a felony that involved death, injury or property damage caused
by the use of a motor vehicle, the commission shall:
(a) Consider two prior convictions of
misdemeanor driving while under the influence of intoxicants to be equivalent
to one conviction of felony driving while under the influence of intoxicants;
and
(b) Consider felony driving while
under the influence of intoxicants to be a person felony and consider
misdemeanor driving while under the influence of intoxicants to be a person
Class A misdemeanor.
SECTION 2. Section 3, chapter 1,
Oregon Laws 2011, is amended to read:
Sec. 3. [a.] (1) Driving under the influence of intoxicants under
[(] ORS 813.010[)] shall be a Class C felony if the defendant has been convicted of
driving under the influence of intoxicants in violation of ORS 813.010, or its
statutory counterpart in another jurisdiction, at least two times in the 10
years prior to the date of the current offense.
[b.]
(2) Once a person has been sentenced for a Class C felony under this
section, the 10-year time limitation is eliminated and any subsequent episode
of driving under the influence of intoxicants shall be a Class C felony
regardless of the amount of time which intervenes.
[c.]
(3) Upon conviction for a Class C felony under this section, the person
shall be sentenced to a mandatory minimum term of incarceration of 90 days,
without reduction for any reason.
[d.
The state shall fully reimburse any county for the county’s costs of
incarceration, including any pretrial incarceration, for a person sentenced
under this section.]
SECTION 3. (1) The Legislative
Assembly finds and declares that:
(a) In November of 2010, the voters
enacted section 3, chapter 1, Oregon Laws 2011, which directed the state to
fully reimburse counties for the costs of incarcerating persons sentenced under
section 3, chapter 1, Oregon Laws 2011, including the costs of pretrial
incarceration.
(b) Different counties incur different
costs of incarceration and many counties incur different costs for different
inmates within the same facility.
(c) The Legislative Assembly intends
to honor the direction given by the voters while also creating an efficient and
effective means by which to do so.
(d) Counties and the Department of
Corrections have previously agreed that the calculated rate at which the
department provides moneys to counties under ORS 423.530 for persons sentenced
to 12 months or less incarceration is an efficient and effective means by which
to reimburse counties for the costs of their incarceration.
(2) The department shall reimburse
counties for the costs of incarcerating persons sentenced under section 3,
chapter 1, Oregon Laws 2011, including the costs of pretrial incarceration.
(3) The department shall adopt rules
prescribing the manner in which a county may submit a claim for reimbursement
under this section. The reimbursement shall be calculated using the rate at
which the department provides moneys to counties under ORS 423.530 for persons
sentenced to 12 months or less incarceration.
(4) Reimbursements made to counties
under this section must be made from moneys appropriated to the department for
that purpose.
SECTION 4. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 30, 2011
Filed in the
office of Secretary of State July 1, 2011
Effective date
June 30, 2011
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