HB 4137

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4137
Sponsored by Representative CATE, Senator GIROD, Representatives RIEKE SMITH, PHAM H,
   SANCHEZ; Representatives GOMBERG, GRAYBER, HELFRICH, HELM, JAVADI, LEVY B,
   LEWIS, MANNIX, MCLAIN, RESCHKE, SKARLATOS, WALTERS, WISE, Senators GELSER
   BLOUIN, HAYDEN, MANNING JR, NASH, PHAM K, ROBINSON, SOLLMAN, THATCHER
   (Presession filed.)
  CHAPTER .................................................
  AN ACT
Relating to the transfer of interest in motor vehicles; creating new provisions; and amending ORS
    153.061.
Be It Enacted by the People of the State of Oregon:
     SECTION 1. ORS 153.061 is amended to read:
     153.061. (1) Except as provided in subsection (2) or (8) of this section, a defendant who has been
issued a violation citation must either:
     (a) Make a first appearance by personally appearing in court at the time indicated in the sum-
mons; or
     (b) Make a first appearance in the manner provided in subsection (3) of this section before the
time indicated in the summons.
     (2) If a defendant is issued a violation citation for careless driving under ORS 811.135 on which
a police officer noted that the offense contributed to an accident and that the cited offense appears
to have contributed to the serious physical injury or death of a vulnerable user of a public way, the
officer may not enter the amount of the presumptive fine on the summons and the defendant must
make a first appearance by personally appearing in court at the time indicated in the summons.
     (3)(a) Except as provided in this section, a defendant who has been issued a violation citation
may make a first appearance in the matter before the time indicated in the summons by one of the
following means:
     (A) The defendant may submit to the court a written or oral request for a trial.
     (B) The defendant may enter a plea of no contest by:
     (i) Delivering to the court, a Central Violations Bureau established under ORS 153.806 or a Vi-
olations Bureau established by the court under ORS 153.800 the summons and a check or money
order in the amount of the presumptive fine set forth in the summons; or
     (ii) Appearing by electronic or telephonic means and entering the plea with a Central Violations
Bureau established under ORS 153.806 or a Violations Bureau established by the court under ORS
153.800.
     (b) The entry of a plea under paragraph (a)(B) of this subsection constitutes a waiver of trial
and consent to the entry of a judgment forfeiting the presumptive fine.
Enrolled House Bill 4137 (HB 4137-A)  Page 1
    (c) A no contest plea under this subsection is not subject to the requirements of ORS chapter
135 relating to the entry of pleas and, upon receipt of the plea, the court may enter judgment
against the defendant without taking further evidence.
    (4) The court may require that a defendant requesting a trial under subsection (3) of this section
deposit an amount equal to the presumptive fine established under ORS 153.019 and 153.020 or such
other amount as the court determines appropriate if the defendant has failed to appear in any court
on one or more other charges in the past. If the defendant does not deposit the amount specified
by the court, the defendant must personally appear in court at the time indicated in the summons.
The amount deposited by the defendant may be applied against any fine imposed by the court, and
any amount not so applied shall be refunded to the defendant at the conclusion of the proceedings.
    (5) The court may require a defendant to appear personally in any case, or may require that all
defendants appear in specified categories of cases.
    (6) If a defendant has entered a no contest plea in the manner provided in subsection (3) of this
section, and the court determines that the presumptive fine is not adequate by reason of previous
convictions of the defendant, the nature of the offense charged or other circumstances, the court
may require that a trial be held unless an additional fine amount is paid by the defendant before a
specified date. Notice of an additional fine amount under this subsection may be given to the de-
fendant by mail. In no event may the court require a total fine amount in excess of the maximum
fine established for the violation by statute.
    (7) If a defendant fails to make a first appearance on a citation for a traffic violation, as defined
by ORS 801.557, fails to make a first appearance on a citation for a violation of ORS 471.430, or fails
to appear at any other subsequent time set for trial or other appearance, the driving privileges of
the defendant are subject to suspension under ORS 809.220.
    (8)(a) A defendant who has been issued a violation citation for a traffic violation and who
has already transferred the defendant’s interest in the motor vehicle described in the cita-
tion is not required to make a first appearance if, within 30 days of the issuance of the ci-
tation, the defendant instead notifies the court with jurisdiction, through a certificate of
innocence or in the manner provided by the court, of the transfer when the defendant sub-
mits to the court a statement swearing or affirming that:
    (A) The citation is issued for the parking, abandoning or operation of the motor vehicle
by another person;
    (B) The defendant transferred interest in the vehicle to another person before the cita-
tion was issued;
    (C) The defendant submitted the notice of transfer of interest to the Department of
Transportation as required under ORS 803.112; and
    (D) Pursuant to ORS 803.117 the defendant is exempt from liability.
    (b) Upon determining that the person is exempt from liability in accordance with ORS
803.117, the court shall dismiss the citation.
    SECTION 2. The amendments to ORS 153.061 by section 1 of this 2026 Act apply to con-
duct occurring on or after the effective date of this 2026 Act.
Enrolled House Bill 4137 (HB 4137-A)  Page 2
Passed by House February 20, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate March 3, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4137 (HB 4137-A)  Page 3