Letter from MADD Oregon Public Policy Liaison and Victim Advocate
We are lucky in Oregon to have a coalition of partners who work together on these bills, they include: Crime Victims United, Mothers Against Drunk Driving, Oregon District Attorneys Association, Oregon Anti-crime Alliance, Governors Advisory Committee on DUII, Oregon Chiefs of Police, Oregon Sheriffs Association, Parents of Murdered Children, plus many individual liaisons who came to testify or offered other assistance. There are also other good DUII bills that passed through other organizations, such as the Governor’s Task Force on Underage Drinking, and others by individual request.
Over the years, I have requested many DUII bills through CVU (Crime Victims United), the organization I lobby under and am vice President. This session I requested House Bills 2870 & 2796 for the first time and 2427 the past two sessions before partnering with the GAC in 09; all three passed. Mothers Against Drunk Driving, Eugene Affiliate Office, Lois Harvick E.D., has supported and provided written testimony on many of these bills, for which I am most grateful. I also appreciate the wealth of information and statistics MADD makes readily available to us. I am proud to be part of MADD, CVU, POMC and the Governors Advisory Committee on DUII.
I believe with the cooperation, support and assistance of our coalition members, we all are able to accomplish what we could never do individually. Much credit also goes to Representative Jeff Barker who sponsored most of these bills. Together, I believe we have made a very significant difference in the war against intoxicated driving for the State of Oregon.
MADD Public Policy Liaison & Victim Advocate
DUII BILLS 2009:
HB 2870 (CVU/Barker) Lifetime Revocation requires permanent revocation of driving privileges for persons convicted of certain crimes (murder, manslaughter, criminally negligent homicide, aggravated vehicular homicide). Passed House 58-0. Passed Senate 27-0. Signed 6-17.
HB 2796 (CVU/Barker) Expungement – Prohibits setting aside conviction of criminally negligent homicide. Passed House 59-0. Passed Senate 30-0. Signed 6/25/09
HB 2427 (CVU/Barker/GAC) Provides that a person commits the offense of refusal to take test for intoxicants if person refuses to submit to urine test when requested to do so under implied consent law. Punishes by fine of at least 0 and not more than ,000. Passed House 59-1. Passed Senate floor 27-0. House concurred 46-0, Signed 6/26/09
HB 2331 (ODAA) /Barker) Restricts eligibility of defendants to enter into driving while under the influence of intoxicants diversion agreements to once in 15 years, instead of every 10 years. Passed House 55-4. Passed Senate 26-0. Signed 6/24/09
HB 3051 (ODAA/Barker) Tripathi – Urine fix: Makes valid chemical analysis of persons urine admissible at trial as evidence of whether person was driving while under influence of intoxicants. Specifies that chemical analysis is valid if performed by accredited or licensed toxicology laboratory. Passed House 46-14. Passed Senate 26-0. Signed 6/17/09.
HB 2426 (GAC/Barker) Imposes minimum fine of ,000 for person convicted of driving while under influence of intoxicants if person had 0.15 percent or more by weight of alcohol in blood of person at time of offense. Passed House 58-2. Passed Senate 27-0. Concurred with House. 46-0, Signed 6/26/09
HB 2238 (GAC/Barker) Provides that person who refuses breath or blood test is not eligible for hardship permit for at least 90 days and, depending on certain factors, for up to three years. Provides that person who fails test may qualify for hardship permit in 30 days, depending on persons driving record. Passed House 54-5. Passed Senate 27-1. Signed 6/26/09
HB 3508 (2428) (Barker/CVU) Assault III bill- Increases penalty for assault in third degree if defendant commits assault by means of motor vehicle and was driving while under influence of intoxicants. Moves from a 6 to an 8 on the sentencing grid and becomes a “B” felony.. Passed in HB 3508.
HB 3508 (3271) (OAA/CVU/ODAA) Harassment BILL – Aggravated Driving while Suspended-amendment: SECTION 5. (1) A person commits the crime of aggravated driving while suspended or revoked if the person operates a motor vehicle that causes serious physical injury to, or the death of, another person while knowingly violating ORS 811.175 or 811.182, if the suspension or revocation resulted from, or if the hardship or probationary permit violated is based upon a suspension or revocation that resulted from, a conviction for a criminal offense involving the use of a motor vehicle. Class “C” felony; 7 on the Sentencing grid. Creates the new crime of Aggravated Driving While Suspended. Re-Passed House 6-25. Passed Senate 6-25