74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 266
Senate Bill 246
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Senator Charlie Ringo and Graham Covington)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates offense of operating motor vehicle while using mobile
communication device. Punishes by maximum fine of $180 or maximum
fine of $720 if person causes property damage or bodily injury.
Punishes by maximum imprisonment of one year, maximum fine of
$6,250, or both, if person causes serious bodily injury or death.
Imposes suspension of driving privileges upon conviction of
misdemeanor.
Subjects person convicted of operating motor vehicle while
using mobile communication device to increased financial
responsibility requirements and to future responsibility filing
requirements.
Limits recovery of noneconomic damages in action for injury or
death arising out of operation { + + }of motor vehicle if
plaintiff was using mobile communication device at time death or
injury occurred.
Takes effect December 31, 2007.
A BILL FOR AN ACT
Relating to use of mobile communication device while operating
motor vehicle; creating new provisions; amending ORS 31.715,
806.075, 809.411, 811.230 and 811.235 and section 5, chapter
1071, Oregon Laws 1999; repealing ORS 801.038; and prescribing
an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) As used in this section:
(a) 'Emergency personnel' means persons who provide emergency
medical, firefighting or law enforcement services.
(b) 'Mobile communication device' means a wireless, two-way
communication device that enables a person in a motor vehicle to
talk with another person who is not in the vehicle.
(2) A person commits the offense of operating a motor vehicle
while using a mobile communication device if the person, while
operating a motor vehicle on a highway, uses a mobile
communication device.
(3) This section does not apply to:
(a) A person who is acting in an emergency and communicating
with emergency personnel by using a mobile communication device;
or
(b) Emergency personnel acting in an emergency.
(4) A person convicted of violating this section is subject to
financial responsibility requirements and future responsibility
filing requirements described in ORS 806.075.
(5) Except as provided in subsections (6) and (7) of this
section, the offense described in this section, operating a motor
vehicle while using a mobile communication device, is a Class C
traffic violation.
(6) Operating a motor vehicle while using a mobile
communication device is a Class A traffic violation if commission
of the offense results in damage to the property of another or
bodily injury to another.
(7) Operating a motor vehicle while using a mobile
communication device is a Class A misdemeanor if commission of
the offense results in serious bodily injury to another or death
of another.
(8) In addition to any other penalty, a person convicted of
operating a motor vehicle while using a mobile communication
device is subject to suspension of driving privileges as provided
in ORS 809.411. + }
SECTION 3. ORS 806.075 is amended to read:
806.075. Notwithstanding any other provision of this chapter, a
person convicted of driving under the influence of intoxicants
under ORS 813.010 { + or of operating a motor vehicle while
using a mobile communication device under section 2 of this 2007
Act + } is subject to the following requirements for the method
of complying with and the amounts needed to meet financial
responsibility requirements and for the duration of future
responsibility filings:
(1) The person must have a certificate or certificates of
insurance that meet the requirements of ORS 806.270 except that
the certificate or certificates must show that the person is
covered by insurance that provides at least:
(a) $50,000 because of bodily injury to or death of one person
in any one accident;
(b) Subject to that limit for one person, $100,000 because of
bodily injury to or death of two or more persons in any one
accident; and
(c) $10,000 because of injury to or destruction of the property
of others in any one accident.
(2) The person must maintain future responsibility filings
showing insurance coverage in the amounts specified in subsection
(1) of this section for a period of three years from the date
that the first filing is required.
SECTION 4. ORS 809.411 is amended to read:
809.411. (1)(a) Upon receipt of a record of conviction for an
offense described in this section, the Department of
Transportation shall suspend the driving privileges of the person
convicted.
(b) A person is entitled to administrative review under ORS
809.440 of a suspension under this section.
(c) Except as otherwise provided in subsections { - (7), - }
(8), (9) { + , + } { - and - } (10) { + and (11) + } of this
section, the suspension shall be for the period of time described
in Schedule I of ORS 809.428, except that the department may not
reinstate driving privileges of any person whose privileges are
suspended under this section until the person complies with
future responsibility filings.
(2) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of any degree
of recklessly endangering another person, menacing or criminal
mischief resulting from the operation of a motor vehicle.
(3) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of reckless
driving under ORS 811.140.
(4) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of failure to
perform duties of a driver when property is damaged under ORS
811.700.
(5) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of fleeing or
attempting to elude a police officer under ORS 811.540.
(6) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of reckless
endangerment of highway workers under ORS 811.231 (1).
{ + (7) The department shall take action under subsection (1)
of this section upon receipt of a record of conviction of
operating a motor vehicle while using a mobile communication
device under section 2 (7) of this 2007 Act. + }
{ - (7) - } { + (8) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of theft under ORS 164.043, 164.045 or 164.055 when
the theft was of gasoline. A suspension under this subsection
shall continue for a period of six months from the date of
suspension.
{ - (8) - } { + (9) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of criminal trespass under ORS 164.245 that involves
the operation of a motor vehicle. A suspension under this
subsection shall continue for a period of six months from the
date of suspension.
{ - (9) - } { + (10) + } The department shall take action
under subsection (1) of this section upon receipt of a record of
conviction of an offense described in ORS 809.310. A suspension
under this subsection shall continue for a period of one year
from the date of the suspension.
{ - (10)(a) - } { + (11)(a) + } The department shall take
action under subsection (1) of this section upon receipt of a
record of conviction of assault in the second, third or fourth
degree resulting from the operation of a motor vehicle.
(b) A person who is convicted of assault in the second degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges eight years
from the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges eight
years from the date the department suspended the privileges under
this subsection.
(c) A person who is convicted of assault in the third degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges five years from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges five
years from the date the department suspended the privileges under
this subsection.
(d) A person who is convicted of assault in the fourth degree
and whose driving privileges are suspended under this subsection
may apply for reinstatement of driving privileges one year from
the date the person is released from incarceration for the
conviction, if the sentence includes incarceration. If the
sentence for the conviction does not include incarceration, the
person may apply for reinstatement of driving privileges one year
from the date the department suspended the privileges under this
subsection.
SECTION 5. 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.
(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 highway work zone shall be the
amount established under ORS 153.125 to 153.145 based on the
foundation amount calculated under ORS 153.131. 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) - }
{ + (h) + } 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) - } { + (3)(d)
to (h) + } of this section and that is committed in a highway
work zone is two percent of the maximum fine established for the
offense.
(3) This section applies to the following offenses if committed
in a highway work zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
{ + (c) Operating a motor vehicle while using a mobile
communication device, as described in section 2 (7) of this 2007
Act. + }
{ - (c) - } { + (d) + } Reckless driving, as defined in ORS
811.140.
{ - (d) - } { + (e) + } Driving while under the influence
of intoxicants, as defined in ORS 813.010.
{ - (e) - } { + (f) + } Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS
811.700 or 811.705.
{ - (f) - } { + (g) + } Criminal driving while suspended or
revoked, as defined in ORS 811.182.
{ - (g) - } { + (h) + } Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
(4) A court shall not waive, reduce or suspend the base fine
amount or minimum fine required by this section.
(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 6. ORS 811.235 is amended to read:
811.235. (1)(a) 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
ORS 153.125 to 153.145 based on the foundation amount calculated
under ORS 153.131. 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) - } { + (h) + } 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) - } { + (2)(d) to (h) + } of
this section and that is committed in a school zone is two
percent of the maximum fine established for the offense.
(2) This section applies to the following offenses if committed
in a school zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
{ + (c) Operating a motor vehicle while using a mobile
communication device, as described in section 2 (7) of this 2007
Act. + }
{ - (c) - } { + (d) + } Reckless driving, as defined in ORS
811.140.
{ - (d) - } { + (e) + } Driving while under the influence
of intoxicants, as defined in ORS 813.010.
{ - (e) - } { + (f) + } Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS
811.700 or 811.705.
{ - (f) - } { + (g) + } Criminal driving while suspended or
revoked, as defined in ORS 811.182.
{ - (g) - } { + (h) + } Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
(3) A court shall not waive, reduce or suspend the base fine
amount or minimum fine required by this section.
(4) For purposes of this section, a traffic offense occurs in a
school zone if the offense occurs while the motor vehicle is in a
school zone, notice of the school zone 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 present as described in ORS 811.124; 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.
SECTION 7. Section 5, chapter 1071, Oregon Laws 1999, as
amended by section 5a, chapter 1071, Oregon Laws 1999, section 1,
chapter 421, Oregon Laws 2001, and section 3, chapter 100, Oregon
Laws 2003, is amended to read:
{ + Sec. 5. + } (1) In order to determine the effect of
increasing fines in safety corridors, the Department of
Transportation shall post signs in safety corridors chosen by the
department indicating that fines for traffic offenses committed
in those safety corridors will be doubled.
(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 chosen by the
department under subsection (1) of this section shall be the
amount established under ORS 153.125 to 153.145, based on the
foundation amount calculated under ORS 153.131. 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) - }
{ + (h) + } 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) - } { + (3)(d)
to (h) + } 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 violations.
(b) Class C or Class D traffic violations related to exceeding
a legal speed.
{ + (c) Operating a motor vehicle while using a mobile
communication device, as described in section 2 (7) of this 2007
Act. + }
{ - (c) - } { + (d) + } Reckless driving, as defined in ORS
811.140.
{ - (d) - } { + (e) + } Driving while under the influence
of intoxicants, as defined in ORS 813.010.
{ - (e) - } { + (f) + } Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS
811.700 or 811.705.
{ - (f) - } { + (g) + } Criminal driving while suspended or
revoked, as defined in ORS 811.182.
{ - (g) - } { + (h) + } Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
(4) A court may not waive, reduce or suspend the base fine
amount or minimum fine required by this section.
SECTION 8. ORS 31.715 is amended to read:
31.715. (1) Except as provided in this section, a plaintiff may
not recover noneconomic damages, as defined in ORS 31.710, in any
action for injury or death arising out of the operation of a
motor vehicle if the plaintiff was in violation of ORS 806.010 or
813.010 { + or section 2 of this 2007 Act + } at the time the
act or omission causing the death or injury occurred. A claim for
noneconomic damages shall not be considered by the jury if the
jury determines that the limitation on liability established by
this section applies to the claim for noneconomic damages.
(2) For the purpose of the limitation on liability established
by this section, a person is conclusively presumed to have been
in violation of ORS 806.010 or 813.010 { + or section 2 of this
2007 Act + } if the person is convicted { - in a criminal
proceeding of one or both - } { + of one or more + } of those
offenses. If the person has not been convicted of violating ORS
806.010 or 813.010 { + or section 2 of this 2007 Act + }, the
defendant in the civil action may establish in the civil action,
by a preponderance of the evidence, that the plaintiff was in
violation of ORS 806.010 or 813.010 { + or section 2 of this
2007 Act + } at the time the act or omission causing the death or
injury occurred.
(3) The court shall abate a civil action upon the motion of any
defendant in the civil action against whom a plaintiff has
asserted a claim for noneconomic damages if the defendant alleges
that the claim of the plaintiff is subject to the limitation on
liability established by this section and:
(a) A criminal proceeding for a violation of ORS 813.010
{ + or section 2 (7) of this 2007 Act + } has been commenced
against the plaintiff in the civil action at the time the motion
is made; or
(b) The district attorney for the county in which the conduct
occurred informs the court at the time the motion is made that
criminal proceedings for a violation of ORS 813.010 { + or
section 2 (7) of this 2007 Act + } will be commenced against the
plaintiff in the civil action.
(4) The court may order that only the claim that is subject to
the limitation on liability established by this section be abated
under subsection (3) of this section. An abatement under
subsection (3) of this section shall remain in effect until the
conclusion of the criminal proceedings.
(5) The limitation on liability established by this section
does not apply if:
(a) The defendant in the civil action was also in violation of
ORS 806.010 or 813.010 { + or section 2 of this 2007 Act + } at
the time the act or omission causing the death or injury
occurred;
(b) The death or injury resulted from acts or omissions of the
defendant that constituted an intentional tort;
(c) The defendant was engaged in conduct that would constitute
a violation of ORS 811.140 at the time the act or omission
causing the death or injury occurred; or
(d) The defendant was engaged in conduct that would constitute
a felony at the time the act or omission causing the death or
injury occurred.
(6) The limitation on liability established by this section
based on a violation of ORS 806.010 does not apply if the
plaintiff in the civil action was insured under a motor vehicle
liability insurance policy within 180 days before the act or
omission occurred, and the plaintiff has not operated a motor
vehicle in violation of ORS 806.010 within the one-year period
immediately preceding the date on which coverage under the motor
vehicle liability insurance policy lapsed.
SECTION 9. { + The amendments to ORS 31.715 by section 8 of
this 2007 Act apply to causes of action arising on or after the
effective date of this 2007 Act. + }
SECTION 10. { + ORS 801.038 is repealed. + }
SECTION 11. { + This 2007 Act takes effect on December 31,
2007. + }
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