1. (1) Criminal homicide constitutes aggravated vehicular homicide when it is committed with criminal negligence, recklessly or recklessly under circumstances manifesting extreme indifference to the value of human life by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and:

   1. (a) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
   2. (b) The victim’s death in the previous conviction was caused by the person driving a motor vehicle.

2. (2) The previous convictions to which subsection (1) of this section applies are:

   1. (a) Manslaughter in the first degree under ORS 163.118;
   2. (b) Manslaughter in the second degree under ORS 163.125; or
   3. (c) Criminally negligent homicide under ORS 163.145.
3. (3) It is an affirmative defense to a prosecution under this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.
4. (4) Aggravated vehicular homicide is a Class A felony.

Note: 163.149 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[2007 c.867 §1]