HB 4041
Reduces penalties for driving while suspended if the suspension is due to a conviction for criminal mischief resulting from the operation of a motor vehicle or reckless driving.
Jurisdiction
Oregon
Session
2026 Regular Session
At the request of
(at the request of House Interim Committee on Judiciary for Representative Jason Kropf for Oregon District Attorneys Association, Oregon Criminal Defense Lawyers Association)
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Sign in to take actionPublic sentiment
Support
25%
Oppose
75%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes Oregon law to reduce penalties for driving with a suspended license when the suspension is due to a conviction for criminal mischief or reckless driving. Specifically, it sets a maximum fine of $2,000 for these offenses. Additionally, the bill modifies procedures related to post-conviction relief petitions, sentence recomputations by the Department of Corrections, and the application of presentence incarceration credit, aiming to clarify and streamline these processes.
Sponsors
Official sponsors from legislative records.
Primary sponsors
Jason Kropf for Oregon District Attorneys Association
Oregon Criminal Defense Lawyers Association
Cosponsor
House Interim Committee on Judiciary
Arguments in favor
Reasons to support this legislation.
Supporters of the proposed amendment argue that a narrow group of Oregonians with non-unanimous jury convictions are unfairly impacted by unconstitutional verdicts, and that urgent relief is needed to provide them with a window to file post-conviction petitions, require objective proof from existing records, and remove procedural barriers. Additionally, supporters emphasize the need for enhanced penalties for attempting to elude law enforcement in vehicles, citing concerns about serial offenders who result in injury and death, as well as the risks to innocent people and law enforcement officers. They also highlight the benefits of HB 4041-A in addressing issues with presentence incarceration credits, notification requirements, judgment clarity, and chaos reduction, aiming to restore certainty for all parties involved in the public safety system.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
concerns that the language in HB 4041 sections 7-12 does not accurately reflect the intent of the parties, particularly with regards to the 2015 amendment to ORS 137.370(4), and may have significant consequences if not addressed. Many also argue that the bill's provisions could erode the rule of law in Oregon, citing instances such as the Torres-Lopez case and its implications for individual rights and freedoms. Furthermore, concerns about the potential for abuse of authority by district attorneys, with some arguing that sections 7-12 grant them excessive power over prison sentence execution without necessary guardrails. Additionally, opponents argue that changing the statute could lead to more litigation over what parties meant when they settled cases, potentially undermining the Department of Corrections' recalculation of release dates and harming marginalized communities.
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