NEW OREGON LAWS - 2008
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New Oregon State Laws To Take Effect in January, 2008
Below is a rundown of laws passed by the Legislature in 2007 that take effect in January 2008. Now is the time to educate your local elected officials, judges, and advocate about the continued need for the recognition of alcohol and drug prevention and treatment strategies, increased resources for more services, and a commitment to address addiction systemically, rather than symptomatically.

Cmunities, Secure Homes: Alcohol, Minors, and Drunk Driving

HB 2147: Increases the age from 17 to 20 for minors who can have driving privileges suspended for possessing alcohol.

HB 2148: Expands ORS 471.430 and makes it a Class A violation for underage persons to possess alcohol while driving a motor vehicle

HB 2149: Authorizes Court to order alcohol assessment and treatment for persons ages 18 to 20 who violate prohibitions relating to alcohol. For first-time underage offenders, the court has discretion whether to order the assessment/treatment. For repeat underage offenders, the assessment/treatment is mandatory.

HB 2774: Provides protection against those convicted of DUII by requiring an ignition interlock device on their car for one year for the first offense, two years for second or subsequent offense.

HB 2740: Creates a new crime (aggravated vehicular homicide) and expands two others (first degree manslaughter and first degree assault) to apply to situations involving persons who drive under the influence of intoxicants and who kill or seriously injury someone and such persons have previously done the same thing.

HB 2895: ORS 676.260 requires a health care provider to notify a law enforcement officer or agency within five calendar days if the provider reasonably believes that a person receiving treatment, after a motor vehicle accident in which the person was likely a driver, has a blood alcohol content of .08 or greater (as revealed by a blood test).

Meth and Identity Theft

HB 3026: Updates meth legislation to attack problem of meth users stealing metal materials, selling the materials for scrap and using proceeds to buy meth.

SB 331 A: Creates a new crime of "organized retail theft. To be guilty of organized retail theft, the state must establish that: (1) the person stole merchandise; (2) from a mercantile establishment; (3) the person acted in concert with another person; and (4) the aggregate value of the merchandise within a 90-day period exceeds $5,000. SB 331 A also places organized retail theft within Oregon's RICO (Racketeer Influenced and Corrupt Organization Act) statute.

SB 447: Identity theft is a Class C felony punishable by a maximum of five years in prison and a $125,000 fine. Currently, it is illegal to use the personal identification of another person with the intent to deceive or defraud. "Another person" is defined as a real or an imaginary person. SB 447 adds "living or deceased" to the definition of another person.

SB 464: Expands offense of identity theft by creating "aggravated identity theft," a Class B felony. The elements of aggravated identity theft include: (1) committing identity theft 10 or more times in 180 days; (2) committing identity theft and the amount is over $10,000 in a 180-day period; (3) committing identity theft and the defendant has 10 or more pieces of identification from 10 or more different persons.

Source: OPERA, 10260 SW Greenburg Rd.,, Suite 400, Tigard, Oregon 97223 or 866.OPERA11 or 503.535.8803

 

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