(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]
Note: 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.