HB 4041 Oregon House · 2026 Regular Session

Relating to public safety; and declaring an emergency.

Summary
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. Punishes by a maximum of $2,000 fine. Increases the crime category, for the sentencing guidelines grid of the Oregon Criminal Justice Commission, for felony fleeing or attempting to elude a police officer when the defendant has a prior conviction or causes injury. Establishes a final time period for any person to file a petition for post-conviction relief based on a nonunanimous jury verdict. Creates a procedure by which the Department of Corrections or the state can petition the sentencing court, after determining that a person was released from department custody as the result of a material error in sentence computation or legal interpretation, for a determination as to whether the person is subject to further incarceration. Provides for a process for requesting and ordering that the person be held or taken into custody pending the hearing. Establishes time limits on when petitions can be filed. Requires the Department of Corrections to provide notice to specified persons after performing certain sentence recomputations that result in a new projected release date. Limits how presentence incarceration credit may be applied in specified circumstances. [ Authorizes ] Requires the Department of Corrections to grant an additional 120 days of short-term transitional leave to certain persons released from custody due to a material error in sentence computation or legal interpretation concerning presentence incarceration credits. Increases the dollar amounts in specified property crimes that serve as a minimum value amount of damages or stolen property or as a threshold between offense levels of the crime. Declares an emergency, effective on passage.
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Feb 2026
House Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Feb 2, 2026 Signed Mar 5, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

B-Engrossed Enrolled · 6 edits · Mar 5, 2026
MODERATE
This bill updates Oregon's laws on driving while suspended and fleeing police, adjusting penalties based on the underlying offense and clarifying when these crimes apply. It also sets effective dates for new provisions and modifies how certain driving offenses are classified for sentencing.
Scope change
The bill's scope expanded to include specific new circumstances that elevate driving while suspended from a misdemeanor to a felony, particularly when the suspension resulted from serious offenses like murder, manslaughter, or aggravated vehicular homicide.
ELIGIBILITY

Driving while suspended is now a Class B felony if the suspension resulted from murder, manslaughter, criminally negligent homicide, assault, aggravated vehicular homicide, or felony DUI, whereas previously it was generally a misdemeanor.

Driving while suspended for reckless endangering or menacing is now a Class A misdemeanor, removing criminal mischief as a qualifying offense for this specific misdemeanor classification.

ENFORCEMENT

The minimum fine for first-time criminal driving while suspended convictions increased to $1,000, and second or subsequent convictions now require a minimum fine of $2,000.

New affirmative defense added for fleeing police, allowing a person to avoid conviction if they lawfully proceeded to a necessary area before stopping after being signaled by an unmarked police vehicle.

TIMELINE

New amendments to ORS 811.182 become effective on January 1, 2027, applying to conduct occurring on or after that date.

DEFINITION

The definition of criminal driving while suspended was reorganized to clearly separate felony and misdemeanor classifications with specific subsections for each offense type.

Floor votes · Senate Mar 3, 2026 · House Feb 19, 2026

How they voted

281
Passed · 1 other
Total votes 30
Mar 3, 2026
D Democratic18
17 Yea 1 Nay
94% Yea
R Republican12
11 Yea 1
91% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
8
Committee
4
Mar 5, 2026
Signed into law
Governor signed.
lower
Mar 4, 2026
Upper · Passed
President signed.
upper
Mar 4, 2026
Lower · Passed
Speaker signed.
lower
Mar 4, 2026
Lower · Passed
House concurred in Senate amendments and repassed bill.
lower
Mar 3, 2026
Introduced
Vote explanation(s) filed by Pham.
upper
Mar 3, 2026
Upper · Passed
Third reading. Carried by Prozanski. Passed.
upper
Feb 27, 2026
Upper · Passed
Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)
upper
Feb 20, 2026
Committee
Referred to Judiciary.
upper
Feb 19, 2026
Introduced
Vote explanation(s) filed by Chotzen.
lower
Feb 19, 2026
Introduced
First reading. Referred to President's desk.
upper
Feb 19, 2026
Lower · Passed
Rules suspended. Third reading. Carried by Kropf. Passed.
lower
Feb 18, 2026
Lower · Passed
Recommendation: Do pass with amendments and be printed A-Engrossed.
lower
Feb 2, 2026
Committee
Referred to Judiciary.
lower
Feb 2, 2026
Introduced
First reading. Referred to Speaker's desk.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.