Oregon Revised Statutes
As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise: “Accusatory instrument” means a grand jury indictment, an information or a complaint. “Bench warrant” means a process of a court in which a criminal action is pending, directing a peace officer to take into custod…
As used in ORS 40.385, 135.230, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse …
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The provisions of chapter 836, Oregon Laws 1973, apply to: All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action…
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Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant.
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No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right.
A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if: The communication is related to a criminal investigation;…
As used in this section: “Criminal proceeding” has the meaning given that term in ORS 131.005. “Parties” means the State of Oregon and the person being prosecuted. “Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows: The court and the person makin…
A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155.
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A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed. A prosecution…
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A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay.
For the purposes of ORS 131.125, time starts to run on the day after the offense is committed. Except as provided in ORS 131.155, the period of limitation does not run during: Any time when the accused is not an inhabitant of or usually resident within this state; or Any time when the accused hides within the state so as to prevent process being served up…
Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. JURISDICTION
As used in ORS 131.205 to 131.235, “this state” means the land and water and the airspace above the land and water with respect to which the State of Oregon has legislative jurisdiction.
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Except as otherwise provided in ORS 131.205 to 131.235, a person is subject to prosecution under the laws of this state for an offense that the person commits by the conduct of the person or the conduct of another for which the person is criminally liable if: Either the conduct that is an element of the offense or the result that is an element occurs within…
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Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS 131.215 (1) does not apply if: Either causing a specified result or an intent to cause or danger of causing that result is an element of an offense; and The result occurs or is designed or likely to occ…
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If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a “result” within the meaning of ORS 131.215 (1). If the body, or a part thereof, of a criminal homicide victim is found within this state, it shall be prima facie evidence that the result occurred within this state.
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Except as otherwise provided in ORS 131.305 to 131.415, criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred. All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 t…
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If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned. If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county. If the …
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If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is appreh…
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In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed.
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A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact.
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The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial.
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For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county.
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When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court.
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The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred.
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The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall r…
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When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court. A security deposit is sufficient therefor in all respects as…
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When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried.
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No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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As used in ORS 131.505 to 131.525, unless the context requires otherwise: “Conduct” and “offense” have the meaning provided for those terms in ORS 161.085 and 161.505. When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense. When the same conduct or criminal episo…
Except as provided in ORS 131.525 and 131.535: No person shall be prosecuted twice for the same offense. No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper …
A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances: The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination. The trial court finds that a termination, …
The following proceedings will not constitute an acquittal of the same offense: If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or If the accusatory instrument was: Dismissed upon a demurrer to its form or substance; Dismissed upon any pretrial motion; or Discharged for want of prosecu…
As used in ORS 131.550 to 131.600: “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, “reasonable action under the circumstances” includes…
The Legislative Assembly finds that: Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 to 131.600; Transactions involving property subject to criminal forfeiture under ORS 131.550 to 131.600 escape taxation…
Subject to ORS 131.550 to 131.600, all right, title and interest in property forfeited under ORS 131.550 to 131.600 vest in the seizing agency upon commission of the prohibited conduct.
The following are subject to criminal forfeiture: All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct; All raw materials, products and equipment of any kind that are used, or intended for use, in providing, manufacturing, compounding, processing, delivering, importing or e…
A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable: To any person on account of obedience to the order or direction; or For any costs incurred on account of any contamination of the delivered property. This includes, but is not limited to, any disposal costs for any property forfeit…
Except as otherwise provided in ORS 131.550 to 131.600, property seized for criminal forfeiture is not subject to replevin, conveyance, sequestration or attachment. The seizure of property or the commencement of a criminal forfeiture proceeding under ORS 131.550 to 131.600 does not abate, impede or in any way delay the initiation or prosecution of a suit or …
When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency: Retains the motor vehicle for law enforcement purposes; or Determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle. Notwithstandi…
Whenever a seizing agency intends to forfeit any real property under ORS 131.550 to 131.600, the seizing agency may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises or real property lies a notice of intent to forfeit real property under ORS 205.246. The notice must contain the legal description of…
As soon as practicable after seizure for criminal forfeiture, the seizing agency shall review the inventory prepared by the police officer under ORS 131.561. Within 30 days after seizure for criminal forfeiture, the forfeiture counsel shall file a criminal information or an indictment alleging facts sufficient to establish that the property is subject to cri…
A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cause shown. A petition for an expedited hearing must contain a claim if no claim has …
An order restoring custody to a petitioner under ORS 131.573 shall: Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct; Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the prope…
A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquired: In the regular course of business as a financial institution; For valuable conside…
If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and must comply with ORS 132.510, 132.540, 132.550, 132.557, 132.560 and 132.580. If th…
The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction. With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider: Whe…
If no financial institution has filed the affidavit described in ORS 131.579 (1), and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that: Title to the property passes to the seizing agency free of any interest or encumbrance thereon in favor of any person who …
Distribution of property or proceeds in accordance with ORS 131.550 to 131.600 must be made equitably and may be made pursuant to intergovernmental agreement under ORS chapter 190. Intergovernmental agreements providing for such distributions and in effect on September 2, 2005, remain valid unless changed by the parties. The equitable distribution of proceed…
After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows: The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, service of notices, towing…
After the seizing agency distributes property under ORS 131.588, and when the seizing agency is the state or when the state is the recipient of property forfeited under ORS 131.550 to 131.600, the seizing agency shall dispose of and distribute property as follows: The seizing agency shall pay costs first from the property or its proceeds. As used in this su…
A seizing agency and any agency that receives forfeited property or proceeds from the sale of forfeited property under ORS 131.550 to 131.600 shall maintain written documentation of each sale, decision to retain, transfer or other disposition of forfeited property. As soon as practicable following the seizure of property for criminal forfeiture, forfeiture …
The crimes to which ORS 131.550 (12)(b) applies are: Bribe giving, as defined in ORS 162.015. Bribe receiving, as defined in ORS 162.025. Public investment fraud, as defined in ORS 162.117. Bribing a witness, as defined in ORS 162.265. Bribe receiving by a witness, as defined in ORS 162.275. Simulating legal process, as defined in ORS 162.355. Officia…
Notwithstanding ORS 131.594 and 131.597, if property forfeited under ORS 131.550 to 131.600 consists of cigarettes forfeited because of a violation of ORS 180.440 (2), the seizing agency shall destroy the cigarettes. CRIME PREVENTION (Stopping of Persons)
As used in ORS 131.605 to 131.625, unless the context requires otherwise: “Crime” has the meaning provided for that term in ORS 161.515. “Dangerous weapon,” “deadly weapon” and “person” have the meanings given those terms in ORS 161.015. “Frisk” is an external patting of a person’s outer clothing. “Is about to commit” means unusual conduct that leads a p…
A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry. The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time. The inquiry shall be co…
A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and dangerous to the officer or other persons present. If, in the course of the frisk, the peace officer feels an object which the peace officer reasonably suspects is a dangerous or deadly weapon, the peace officer may take…
Notwithstanding any other provision of law, a person may be detained in a reasonable manner and for a reasonable time by: A merchant or merchant’s employee who has probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or The owner or lessee of a motion picture theater or authorized agent …
Crimes may be prevented by the action of public officers in accordance with ORS 131.675, 131.685, 131.705 to 131.735, and as otherwise authorized by law.
When any five or more persons are unlawfully assembled in any county, city, town or village, the sheriff of the county and the deputies of the sheriff, the mayor of the city, town or village, or chief executive officer or officers thereof, may go among the persons assembled, or as near to them as they can with safety, and command them in the name of the Stat…
The Governor of Oregon may enter into agreements or compacts with the Governor of any or all the States of Washington, Idaho, California and Nevada, each acting on behalf of the own state of the Governor, in order to effectuate cooperative effort and mutual assistance in the prevention of crime in those states and in the enforcement of their respective crimi…
As used in ORS 131.705 to 131.735, unless the context requires otherwise: “Police” means the municipal police and the county sheriff of the political subdivision in which the public property is located, and the Department of State Police. “Public official” means the officer or employee who is the administrative head of the board, commission, agency or divi…
After consultation with the public official, or the designate of the public official, and the police, the Governor may proclaim an emergency period if the Governor finds that there exists on any public property a clear and present danger of injury to persons, damage to property or denial of or substantial interference with ingress or egress from public prope…
During the emergency period proclaimed by the Governor under ORS 131.715, the public official shall order excluded from the public property described in the proclamation such persons who in the judgment of the public official are contributing to or aggravating the danger which the Governor has proclaimed to exist. After informing the person ordered removed …
Any person ordered removed or excluded from any public property under ORS 131.715 and 131.725 shall have immediate access to the circuit court for the county in which the property is located for review of the order of exclusion or removal. Such access shall be in the form of a writ of review and shall be given priority over all other cases on the docket of t…
The Governor may employ, at such salaries as the Governor deems reasonable for the services rendered, special agents to effect the apprehension and conviction of criminals, the return of fugitives from justice, the investigation of cases in which the Governor believes the laws of the state are being violated, the supervision of persons paroled or conditional…
Whenever in the opinion of the Governor the criminal laws of the state are not being faithfully executed and enforced and the circumstances justify the appointment of any sheriff, district attorney, constable or justice of the peace pro tem, the Governor shall lay the facts of which the Governor is advised before the circuit court, or any judge thereof, of t…
The court, or judge thereof, in conducting such hearing, shall have all the usual powers of the circuit court or judge, including the power to subpoena and examine witnesses of its own motion. The Governor, the officer affected or any party interested may subpoena witnesses and appear and participate in person or by counsel, and the officer shall be given re…
When the Governor has made a request for an investigation before the court or judge of the district of the office affected, the court or judge may request that the hearing be held before the court or judge of any other district and call in such court or judge to conduct the same at the regular place of holding court in the district of the office affected. Su…
The court or judge shall make such findings as are justified by the facts adduced at the hearing and shall find as to whether or not the criminal laws of the state are being faithfully executed and enforced by the officers under investigation.
If it is found that the criminal laws of the state are not being faithfully executed and enforced by the officers under investigation, the Governor may appoint, for a period not longer than 90 days, such special officers as may be necessary to correct the failure to execute or enforce the criminal laws.
When appointed, special officers shall qualify in the same manner as provided by law for regularly elected officers, shall have all the power and authority of the regularly elected officers necessary to effectuate the purposes of the appointment and shall carry out the directions of the Governor, pursuant to the appointment, in the same manner and to the sam…
The special officers provided for in ORS 131.855 shall receive a compensation for the time they are appointed equal to that provided for the regularly elected officers, the compensation to be paid in the same manner as the regular officers are paid.
The regularly elected, qualified and acting officers shall, during any appointment of a special officer, receive the salary provided by law, to the same extent as though no special officer had been appointed.
The Governor, upon application of any railroad company operating in this state, may appoint and commission, during the pleasure of the Governor, persons designated by the company and to serve at the expense of the company, as police officers, with the powers of peace officers and who, after being duly sworn, may act as police officers to protect the railroad…
If any person charged with or convicted of any felony within this state breaks prison, escapes, absconds or flees or hides from justice, the county court or county governing body of the county in which the crime was committed, if the court or governing body deems it necessary, may offer a reward for information leading to the apprehension of such person by t…
Any person providing information leading to the apprehension of a person for whom a reward has been offered under ORS 131.885 is entitled to and shall be paid the reward offered under ORS 131.885 or a proportionate share thereof if more than one claimant is entitled. No public money may be used to pay a reward to a bounty hunter under this section. As used …
An organization, association or person may offer a reward for information leading to the apprehension and conviction of any person who has committed a criminal offense.
The county court or county governing body, on the claim of the applicant for reward under ORS 131.885 to 131.895, shall determine whether the claimant is entitled to the reward. If it so determines, it shall certify the amount offered in reward, or a proportionate share thereof if more than one claimant is entitled, to the county clerk of the county and the …
In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse to a person, organization, association or public body or officer, any sum or portion thereof offered and paid by the person, organization, association or public body or officer under ORS 131.885 to 131.895, as a reward for info…
Except as otherwise provided by ORS 30.260 to 30.300, federal civil rights law or written agreement, the state, a county, a city, a law enforcement agency or local correctional facility thereof is not liable for charges or expenses for any medical services provided to an individual who is the object of efforts by a law enforcement officer to restrain or deta…
The Legislative Assembly finds and declares that: Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or …
There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor. The purpose of the committee is to receive and analyze demographic data to ensure that law enforcement agencies perform their missions without inequitable or unlawful discrimination based on race, color or national origin. To a…
Portland State University may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the Law Enforcement Contacts Policy and Data Review Committee.
All moneys received by Portland State University under ORS 131.908 shall be paid into the State Treasury and deposited into the General Fund to the credit of Portland State University. Such moneys are appropriated continuously to Portland State University for the purposes of ORS 131.906.
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As used in ORS 131.915 to 131.925: “Gender identity” has the meaning given that term in ORS 174.100. “Law enforcement agency” means: The Department of State Police; The Department of Justice; A district attorney’s office; and Any of the following that maintains a law enforcement unit as defined in ORS 181A.355: A political subdivision or an instrument…
All law enforcement agencies shall have written policies and procedures prohibiting profiling. The policies and procedures shall, at a minimum, include: A prohibition on profiling; Procedures allowing a complaint alleging profiling to be made to the agency: In person; In a writing signed by the complainant and delivered by hand, postal mail, facsimile or…
A law enforcement agency shall provide to the Law Enforcement Contacts Policy and Data Review Committee information concerning each complaint the agency receives alleging profiling, and shall notify the committee of the disposition of the complaint, in the manner described in this subsection. The law enforcement agency shall submit to the committee a profil…
As used in ORS 131.930 to 131.945: “Gender identity” has the meaning given that term in ORS 174.100. “Law enforcement agency” means an agency employing law enforcement officers to enforce criminal laws. “Law enforcement officer” means a member of the Oregon State Police, a sheriff or a municipal police officer. “Officer-initiated pedestrian stop” means a…
No later than July 1, 2018, the Oregon Criminal Justice Commission, in consultation with the Department of State Police and the Department of Justice, shall develop and implement a standardized method to be used by law enforcement officers to record officer-initiated pedestrian stop and officer-initiated traffic stop data. The standardized method must requir…
The Oregon Criminal Justice Commission shall review all data, including the prevalence and disposition of officer-initiated pedestrian and traffic stops, reported by law enforcement agencies pursuant to ORS 131.935 in order to identify patterns or practices of profiling. The commission shall select one or more statistical analysis methodologies, determined …
The Department of Public Safety Standards and Training shall receive and review reports provided to the department by the Oregon Criminal Justice Commission pursuant to ORS 131.940. Upon receipt of a report described in subsection (1) of this section, the department may provide advice or technical assistance to any law enforcement agency mentioned within th…
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