(1) Notwithstanding ORS § 161.566, a prosecuting attorney may elect to treat as a Class E violation any offense that would constitute a Class E violation had the offense been committed on or after February 1, 2021, as described in this section.

(2) If the prosecuting attorney elects to treat an offense as a Class E violation under this section, with the consent of the defendant and as part of the same hearing, the prosecuting attorney shall move to dismiss the original offense and simultaneously initiate a Class E violation proceeding. In providing consent under this subsection, the defendant waives any challenge to the Class E violation under ORS § 131.125.

(3) If, at the hearing described in subsection (2) of this section, the court has received verification that the defendant has obtained a screening through a Behavioral Health Resource Network, including the telephone hotline described in ORS § 430.391 (1), or any other equivalent or more intensive treatment contact, the court shall dismiss the citation. [2021 c.591 § 46]

475.237 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.