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Monday, January 31, 2011

OREGON PROPOSES DUI CHECKPOINT LEGISLATION

OFF THE WIRE
Oregon Senator (D) District 24 (Portland) has proposed Senate Bill 32, that would make DUI Checkpoints legal in Oregon.


The catch is that checkpoints are illegal under the current Oregon Constitution, so.........

The wording of the proposed legislation includes a disclaimer that the law "Takes effect only if Senate Joint Resolution 1 (2011) is approved by people at next regular general election. Takes effect on effective date of constitutional amendment proposed in Senate Joint Resolution 1 (2011)".
WTF!!! Pass a law and then change the Constitutional amendment to make the law legal? Talk about drinking kool-aid....that is force feeding!
Full text of proposed bill (make sure you read section 2):

76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

Senate Bill 32

Sponsored by Senator MONROE (Presession filed.)

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.

Authorizes law enforcement agencies to establish sobriety checkpoints.

Takes effect only if Senate Joint Resolution 1 (2011) is approved by people at next regular

general election. Takes effect on effective date of constitutional amendment proposed in Senate Joint

Resolution 1 (2011).

A BILL FOR AN ACT

Relating to sobriety checkpoints; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in this section, “sobriety checkpoint” means a roadblock established

for the purpose of apprehending persons who are driving while under the influence of

intoxicants in violation of ORS 813.010.

(2) A law enforcement agency may establish sobriety checkpoints in its jurisdiction if the

checkpoints follow guidelines issued by the National Highway Traffic Safety Administration

in the publication titled “The Use of Sobriety Checkpoints for Impaired Driving

Enforcement” (DOT HS 807 656, November 1990).

SECTION 2. This 2011 Act does not become effective unless the amendment to the

Oregon Constitution proposed by Senate Joint Resolution 1 (2011) is approved by the people

at the regular general election held in November 2012. This 2011 Act becomes effective on the

effective date of that amendment.