New Law Update

The 2005 Legislative Session produced a number of new laws and modifications to existing laws. Many of the changes can and will have an impact on Vernonia while others are good to have knowledge of. Here is a summary of several of the changes with some laws important to Vernonia in green. The laws will take effect on January 1, 2006 unless otherwise noted: Budgets & Funding HB 5174, 5630: Methamphetamine Package Funding - provides funds to several areas of the Justice System to combat the meth problem in Oregon. Corrections/Parole & Probation HB 3379: Interfering with a Parole/Probation Officer -adds Parole & Probation officers to the crime of intentionally interfere with a peace officer performing duites. SB 1068: Arrest for Violation of a No-Contact Provision -this ammends the statute to allow a peace officer to arrest for a violation of a release agreement even if the original charge is not connected to a domestic violence charge. Courts & Sentencing HB 2969: Enhanced Sentence for 2nd Firearm -anyone convicted of using or threatening to use a firearm during the commission of a felony for s 2nd time is subject to a enhanced 120 month sentence. Crimes & Violations HB 2322: Increased Penalty for Assaulting a Child -expands assault in the 1st Degree to include intentionally or knowingly causing serious physical injury to a child less then 6yrs of age. Minimum sentence of 90 months. HB 3083: Reporter Exemption from Firefighter Order -specifies that person working for a news organization does not commit the offense of refusing to assist a firefighting operation provised that they are reporting on a fire and they do not unreasonably interfere with the fire fighting operation. HB 3491: Explosives Device Threat Penalty -creates the crime of disorderly conduct in the 1st degree when a person initiates a false report or threat of a hazardous substance, alleged fire, explosion, catastrophe or other emergency that is in or upon a school. SB 641: Crime of Possessing Dogfighting Paraphernalia -creates a new law of possessing or owning these items with the intent to train a dog as a fighting dog or in furtherance of a dogfight. Also defines this equipment. SB 1067: Harassment by Voice Mail and Text Message -expands the crime of telephonic harassment to include sending or leaving a text message, voicemail, or any other message knowing that the caller is legally forbidden to do so. DUII Legislation HB 2361: DUII Revocation Clarification for 3rd Offense -clarifies 2003 Legislation that requires court to permanently revoke a person's driving priveleges if the person on a 3rd conviction for DUII as well as subsequent convictions. Forfeiture HB 3457: Civil Forfeiture Legislation -effective July 1, 2007 -revises civil forfeiture and breaks down the distribution of funds to include fees, illegal dump clean-up, oversite acccount, drug court programs, Commission on Children and Families relief nurseries, and law enforcement. -several other provisions and clarifications. Juvenile/Child HB 2742: Safe Routes to School Fund -establishes a fund and requires ODOT to establish a "safe routes to schools" program for communities in the form of gifts, grants, and donations. Officer Issues HB 2569: "PIT" Maneuver Legislation -identifies that an officer who is acting in his official duty is exempt from accident reporting requirements when an accident results from an officer's use of a lawfule intervention technique during the commission of an offense. HB 2977: Law Enforcement Medal of Honor -creates a medal of honor for exceptionally honorable and meritorious conduct in performing services. SB 547: Crime of Using False Law Enforcement ID -expands the crime to circumstances where a person with the intent to obtain a benefit, or to injure or defraud another, either actually uses false ID or wears a uniform to give the impression that the person is an officer. Methamphetamine Legislation HB 2485, SM 0003, SB 907: Omnibus Methamphetamine Package -clarifies, expands, and creates numerous provisions related to distribution, manufacture, and possession of meth as well as the products used to manufacture it. Motor Vehicle/Traffic HB 2811: Unlawful Use of a Image Display Devise -creates an offense that prohibits the use of such a device if the image is visible to the driver while operating the vehicle. Also defines what an image display device is. HB 2840: School Zone Speed Limits -provides that the limits apply on roads adjacent to school when flashing yellow lights area illuminated or between 7:00 am and 5:00 pm on a day when school is in session. Includes crosswalks marked as a school zone when there are lights or when children are present. HB 2937: Gasoline Theft License Suspension -requires the DOT to suspend the driving priveleges for 6 months of any person convicted of theft of gasoline. SB 70: Driving Privilege Ineligibility for Impairment -provides that a person who is effected by a mental or physical condition or impairment that affects the person's ability to safely operate a motor vehicle is ineligible for driving priveleges. SB 73: Suspended Driver Reinstatement Fee Waiver -waives fee when DOT determines a person was in compliance prior to effective date of suspension. SB 76: Parent Cancellation of Minors Driving License -allows any parent or legal guardian of a person less than 18 years of age to request the cancellation of a driving privileges and eliminates an employer authority to sign for driving privileges. SB 78: Accident Reports -requires all drivers to submit accident reports directly to DOT and not law enforcement. SB 367: Commercial Vehicle Safety Belt Requirement -requires drivers and passengers in privately-owned commercial vehicles designated and used to transport 15 or fewer passengers to use safety belts. SB 568: Speeding Enhancement -allows the court to suspend a person's driving privileges for up to 300 days if a person exceeds a speed limit by more than 30 miles an hour and has had one or more speedking violations within 12 months of the current offense. -can also impose a fine of $1,000 and suspension of 30 to 90 days if the person drives 100 mph or greater in violation of the basic speed rule. SB 591: Crosswalk Law Fix -drivers must stop for pedestrians who are in the lane of travel, in a lane adjacent to the lane of travel (bikes and parking lanes considered part of that lane of travel), in the lane into which the vehicle is turning, in the lane adjacent to the lane into which the vehicle is turning if the intersection does not have a traffic control device, or less then 6 feet from the lane into which the vehicle is turning if no control device for pedestrians. -driver is not required to remain stopped for a pedestrian if there is a safety island and they have proceeded beyond half of the lane on the other side of the island. -basically, you no longer have to wait until the pedestrian has completely cleared the crosswalk before you can continue. The pedestrian must be 6 feet or further from your vehicle before you can continue. Sex Offenses HB 2297: Public INdecency Prior Conviction Out of State -expanded the enhancement of the crime to a Class C Felony to include persons who have prior conviction for the crime in another jurisdiction. HB 2299: Sex Offender Higher Education Notification -requires registered sex offenders to report within 10 days of the first day a person works at, carries on vocation at, or attends an institution of higher education and within 10 days of any change in this. -makes Failure to Report as a Sex Offender a crime. HB 2667: SexOffender Registration for 2nd Indecency -provides that a prior conviction for public or private indecency makes a subsequent conviction a crime triggering registration as a sex offender. HB 3419: Sex Offender Residence Restriction -provides that a sex offender on probation, parole, or post-prison supervision may not reside in any dwelling in which another sex offender under the same supervision resides unless approved to do so. HB 3486: Sex Offender Internet Site -provides that the Oregon State Police shall use the Internet to make predatory sex offender information available to the public. -set forth the type of information that shall be made available. SB 243: Where Children Regularly Congregate Prohibition -modifies conditions to prohibit those on supervision for sex crimes from being present at or on property adjacent to the grounds of a school, child care center, playground or other place intended for use primarily by children without prior written approval. -modifies these conditions to prohibit such persons from being present more than one time at a place where persons under 18 regularly congregate without prior written approval. Victims of Crime HB 2050: 3 Mile Radious Zone for Minor Victim -requires a defendant who has sexually abused or otherwise assaulted a minor to move outside a three mile radius of the victim's home as a special condition of parole, probation or post-prison supervision when requested by the victim. -provides exceptions to this. HB 2316: Statute of Limitation Increase for Sex Crimes -sets forth several felonies that the limitations are increased to the victim's 30th birthday or within 12 years of being reported to law enforcement.