Oregon Revised Statutes
When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 before the court in which it is found. Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignmen…
The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as provided in ORS 135.030. The arraignment consists of reading the accusatory instrument to the defendant, causing delivery to the defendant of a copy thereof and indorsements thereon, including the list of witnesses indorsed on it or appended thereto i…
When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment. When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel. The court may require a defendant to appear at the arraignment by simultaneous electronic transmission a…
When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110.
At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing. The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues: …
If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel.
If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel. If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050, shall appoint counsel to represent the defendant. If the defendant wishes to waiv…
Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if: The defendant is before a court on a matter described in subsection (5) of this section; The defendant requests aid of counsel; The defendant provides to the court a written and verified financial statement; and It appears to the court that the defendant is fi…
Counsel appointed pursuant to ORS 135.045 or 135.050 shall be paid fair compensation for representation in the case: By the county, subject to the approval of the governing body of the county, in a proceeding in a county or justice court. By the executive director of the Oregon Public Defense Commission from funds available for the purpose, in a proceeding…
When the defendant is arraigned, the defendant shall be informed that: If the name by which the defendant is charged in the accusatory instrument is not the true name of the defendant the defendant must then declare the true name; and If the defendant does not declare the true name as required by paragraph (a) of this subsection, the defendant is ineligibl…
If the defendant gives no other name, the court may proceed against the defendant by the name in the accusatory instrument. If the defendant is charged by indictment or information and alleges that another name is the true name of the defendant, the court shall direct an entry thereof to be made in its register, and the subsequent proceedings on the accusato…
If a defendant, on or after August 12, 2003, fails to provide the defendant’s true name under ORS 135.060 or 135.065 and is on personal recognizance, conditional release or security release having deposited less than the full security amount set by the magistrate, the magistrate who released the defendant, upon a motion filed by the district attorney and sup…
When the defendant against whom an information has been filed in a preliminary proceeding appears before a magistrate on a charge of having committed a crime punishable as a felony, before any further proceedings are had the magistrate shall read to the defendant the information and shall inform the defendant: Of the defendant’s right to the aid of counsel,…
Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible before the grand jury.
The magistrate shall allow the defendant a reasonable time to obtain counsel and shall adjourn the proceeding for that purpose. A defendant who is committed pending examination shall be given a reasonable opportunity to obtain counsel, including but not limited to a reasonable use of the telephone. As used in this section, “counsel” includes a legal advisor …
The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing. If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570.
The witnesses shall be examined in the presence of the defendant and may be cross-examined in behalf of the defendant or against the defendant.
When the examination of the witnesses on the part of the state is closed, the magistrate shall inform the defendant that it is the right of the defendant to make a statement in relation to the charge against the defendant; that the statement is designed to enable the defendant, if the defendant sees fit, to answer the charge and explain the facts alleged aga…
If the defendant chooses to make a statement, the magistrate shall take it in a recorded proceeding without oath, and shall put to the defendant the following questions only: What is your name and age? Where were you born? Where do you reside and how long have you resided there? What is your business or occupation? Give any explanation you think proper …
The statement of the defendant is competent testimony to be laid before the grand jury and may be given in evidence at the trial.
If the defendant waives the right of the defendant to make a statement, the fact of the waiver of the defendant cannot be used against the defendant on the trial.
After the waiver of the defendant to make a statement or after the defendant has made it, the witnesses of the defendant, if the defendant produces any, shall be sworn and examined.
The magistrate may exclude the witnesses who have not been examined during the examination of the defendant or of a witness for the state or the defendant.
When a person has been charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, the district attorney, upon the request of the victim or the parent or guardian of a minor or incapacitated victim, shall seek the consent of the person charged to submit to a te…
The testimony of the witnesses in a preliminary hearing shall be recorded.
The magistrate shall keep the record of the preliminary hearing and the statement of the defendant, if any, until the record is returned to the proper court and shall not permit the record to be inspected by any person, except the district attorney of the county or the attorney who acts for the district attorney and the defendant and the counsel of the defen…
The complainant may employ counsel to appear against the defendant in every stage of the preliminary hearing; but the district attorney for the county, either in person or by some attorney authorized to act for the district attorney, is entitled to appear on behalf of the state and control and direct the prosecution.
The Oregon Evidence Code shall apply in any preliminary hearing under this chapter, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on t…
After hearing the evidence and the statement of the defendant, if the defendant has made one, unless there is a showing of probable cause that a crime has been committed and that the defendant committed it, the magistrate shall dismiss the information and order the defendant to be discharged.
If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existen…
If the magistrate orders the defendant to be held to answer, the magistrate shall make out a commitment, signed by the magistrate with the name of office of the magistrate, and deliver it with the defendant to the officer to whom the defendant is committed or, if that officer is not present, to any peace officer, who shall immediately deliver the defendant i…
When the magistrate delivers the defendant to a peace officer other than the one to whom the defendant is committed, the magistrate shall first make an indorsement on the commitment directing the officer to deliver the defendant and the commitment to the custody of the appropriate sheriff.
The commitment shall be directed to the sheriff of the county in which the magistrate is sitting. Such sheriff shall receive and detain the defendant, as thereby commanded, in a jail located in the county of the sheriff or, if there is no sufficient jail in the county, by such means as may be necessary and proper therefor or by confining the defendant in the…
When the magistrate has held the defendant to answer, the magistrate shall at once forward to the court in which the defendant would be triable: The warrant, if any; The information; The statement of the defendant, if the defendant made one; The memoranda mentioned in ORS 135.115 and 135.145; The release agreement or security release of the defendant; a…
As used in ORS 135.230 to 135.290, unless the context requires otherwise: “Abuse” means: Attempting to cause or intentionally, knowingly or recklessly causing physical injury; Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and …
The presiding judge of a judicial district shall enter a standing pretrial release order specifying to the sheriff of the county, or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district, those persons and offenses: Subject to release on recognizance; Subject to release with special co…
A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court. A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Cla…
Except as provided in subsections (2) and (4) of this section, a defendant shall be released in accordance with ORS 135.230 to 135.290. When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty. When the defendant is charged with murder or a…
Except as provided in ORS 135.240, a person in custody has the right to be taken before a magistrate without undue delay. A magistrate shall make a release decision at the time of arraignment or other first appearance after the defendant is taken into custody unless good cause to postpone the release decision is shown, in which case a release hearing shall …
As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777. If a person who holds a registry identification card is released under ORS 135.230 to 135.290, any release conditions related to the use of usable…
When a release assistance officer makes a release decision under ORS 135.235 involving a defendant charged with a sex crime, a crime involving bias or a crime constituting domestic violence, the release assistance officer shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either direct…
If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will: Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered; Submit to the orders and process of the court; Not depart th…
The court may not condition a defendant’s release on the defendant’s waiver of appearance in person at trial. A release agreement may not contain a provision prohibited by subsection (1) of this section.
The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 to 135.290. …
Conditional release may include one or more of the following conditions: Release of the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the ev…
If the defendant is not released on personal recognizance under ORS 135.255, or granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional release, the magistrate shall set a security amount that will reasonably assure the defendant’s appearance. The defendant shall execute the security release in the amount set by …
When a security amount has been set by a magistrate for a particular offense or for a defendant’s release, any person designated by the magistrate may take the security and release the defendant to appear in accordance with the conditions of the release agreement. The person designated by the magistrate shall give a receipt to the defendant for the security …
A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270, in order to obtain security release as described in ORS 135.265 unless…
Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release. A warrant issued under subsection (1) of this section…
If circumstances concerning the defendant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release.
A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant’s breach is punishable by contempt. A defendant may be punished by contempt if the defendant knowingly: Breaches any of the regulations in the release agreement imposed pursuant to ORS 135.2…
Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following: Reckless driving under ORS 811.140. Driving while under the influence of intoxicants under ORS 813.010. Failure to perform the duties of a driver under ORS 811.700 or 811.705. Criminal driving whil…
If the defendant does not require time, as provided in ORS 135.380, or if the defendant does, then on the next day or at such further day as the court may have allowed the defendant, the defendant may, in answer to the arraignment, move against the accusatory instrument or demur or plead thereto.
The only pleadings on the part of the defendant are the demurrer and plea.
In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary for the defendant to state the facts conferring jurisdiction; but the judgment, determination, or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the…
(Plea)
The kinds of plea to an indictment, information or complaint, or each count thereof, are: Guilty. Not guilty. No contest. A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of…
A judgment following entry of a no contest plea is a conviction of the offense to which the plea is entered.
Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms: “The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument.” “The defendant pleads that defendant is not guilty of the offense charged in this accusatory instrument.” “The defendant pleads no cont…
Except as provided in subsection (2) of this section, a plea of guilty or no contest to a crime punishable as a felony shall in all cases be put in by the defendant in person in open court unless upon an accusatory instrument against a corporation, in which case it may be put in by counsel. Any circuit judge may, within any county in the own district of the…
The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of not guilty substituted therefor.
The plea of not guilty controverts and is a denial of every material allegation in the accusatory instrument.
As used in this section: “Initiating county” means the county in which the defendant appears for the purpose of entering a plea to a criminal charge. “Responding county” means a county in which another criminal charge is pending against the defendant entering a plea in the initiating county. Upon entry of a plea of guilty or no contest, or after convictio…
A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel. A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowe…
The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge. The court shall inform the defendant: That by a plea of guilty or no contest the defendant waives the right:…
The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made. The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a plea agreement, the court shall determine the nature of the agreement. If the plea agre…
After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. (Plea Discussions and Agreements)
In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 135.415 and the prohibitions set forth in ORS 135.418, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement. The district a…
In cases arising from felonies committed on or after November 1, 1989: Whenever a plea agreement is presented to the sentencing judge, the defendant’s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately represented to the trial judge in the plea agreement. If a controversy exists as to wh…
In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations: The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant. The defend…
A prosecuting attorney may not condition a defendant’s plea offer on: The defendant’s waiver of: The disclosure obligation of ORS 135.815 (1)(g). The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270, if the indictment has been indorsed “a true bill.” Eligibility for transitional leave under ORS 421.168. Eli…
Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant. To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available…
The trial judge may not participate in plea discussions, except: To inquire of the parties about the status of any discussions; To participate in a tentative plea agreement as provided in subsections (2) to (4) of this section; To make the inquiries required by ORS 147.512; or As provided in subsection (5) of this section. Any other judge, at the reques…
Except as provided in subsection (2) of this section, none of the following shall be received in evidence for or against a defendant in any criminal or civil action or administrative proceeding: The fact that the defendant or the counsel of the defendant and the district attorney engaged in plea discussions. The fact that the defendant or the attorney of t…
A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding. No statement or admission made by a defendant or the attorney of the defendant during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received agains…
(Related Procedure)
If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the purpose to offer such evidence, which notice shall state specifically the place or places where the defendant claims to have been at …
When the defendant is acquitted on the merits, the defendant is considered acquitted of the offense charged in the accusatory instrument, notwithstanding a defect in form or substance in the accusatory instrument on which the defendant is acquitted. PRETRIAL MOTIONS
The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged. The time of making the motion and its effect shall be as provided for a motion to set aside the indictment in ORS 135.520 and 135.530. An order to dismiss the accusatory …
The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580. When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon. Subse…
A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within 10 days thereafter, unless for good cause the court allows additional time. If not so made, the defendant is precluded from afterwards taking the objections to the indictment or accusatory instrument.
If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if the defendant has been released, that the release agreement be discharged and the security deposit be refunded as provided by law, unless the court allows the case to be refiled or resubmitted to the same or another grand …
Subject to the limitations of ORS 135.530 (2), if the court allows the case to be resubmitted or refiled, the defendant, if then in custody, shall so remain, unless the defendant is released as provided by law. If the defendant has already been released, the release agreement or any security deposited as provided by law, shall continue to insure the appearan…
Except for an order dismissing an accusatory instrument on grounds of former jeopardy, an order to set aside an indictment or to dismiss an accusatory instrument is no bar to a future prosecution for the same crime. DEMURRERS
The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument.
The defendant may demur to the accusatory instrument when it appears upon the face thereof: If the accusatory instrument is an indictment, that the grand jury by which it was found had no legal authority to inquire into the crime charged because the same is not triable within the county; If the accusatory instrument is an indictment, that it does not subst…
When the objections mentioned in ORS 135.630 appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute an offense, may be taken at the trial, under the plea of not guilty and in arre…
Upon the filing of the demurrer, the objections presented thereby shall be heard either immediately or at such time as the court may direct.
Upon considering the demurrer, the court shall give judgment, either allowing or disallowing it, and an entry to that effect shall be made in the register.
If the demurrer is allowed, the judgment is final upon the accusatory instrument demurred to and is a bar to another action for the same crime unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new accusatory instrument, allows the case to be resubmitted or refiled. If the court allows the case to …
If the court does not allow the case to be resubmitted or an amended complaint or information filed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement shall be discharged. If the defendant has deposited any security, the security shall be returned to the defendant as provided by law.
If the court allows the case to be resubmitted, the same proceedings shall be had thereon as are prescribed in ORS 135.540.
If the demurrer is disallowed, the court shall permit the defendant, at the election of the defendant, to plead, which the defendant must do forthwith or at such time as the court may allow; but if the defendant does not plead, a plea of not guilty shall be entered. COMPROMISE
When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed: By or upon a peace officer while in the execution of the duties of office; Riotously; With an intent to c…
If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument. For purposes of paragraph (a) of this subsection, …
A judgment entered under ORS 135.705 is a bar to another prosecution for the same crime.
No crime can be compromised nor can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as provided in ORS 135.703 to 135.709 and 135.745 to 135.757. SUFFICIENCY OF ACCUSATORY INSTRUMENTS
For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime Seriousness Scale established by the rules of the Oregon Criminal Justice Commission.
Neither presumptions of law nor matters of which judicial notice is taken need be stated in an accusatory instrument.
No accusatory instrument is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in a matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a material element in the offense.
In an accusatory instrument for an offense committed as described in ORS 131.315 and 131.325, it is sufficient to allege that the offense was committed within the county where the accusatory instrument is found.
When a crime involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material.
When an offense involves the taking of or injury to an animal, the accusatory instrument is sufficiently certain in that respect if it describes the animal by the common name of its class.
In pleading in an accusatory instrument a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be establish…
An accusatory instrument for criminal defamation need not set forth any extrinsic facts for the purpose of showing the application to the party defamed of the defamatory matter on which the accusatory instrument is founded; but it is sufficient to state generally that the same was published concerning the party; and the fact that it was so published must be …
When an instrument which is the subject of an accusatory instrument for forgery has been destroyed or withheld by the act or procurement of the defendant and the fact of the destruction or withholding is alleged in the accusatory instrument and established on the trial, the misdescription of the instrument is immaterial.
In an accusatory instrument for perjury, attempted perjury, solicitation of perjury or conspiracy to commit perjury it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, in what court or before whom the oath alleged to be false was taken and that the court or person before whom it was taken had …
The words used in an accusatory instrument must be construed in their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.
When a defendant is charged in an accusatory instrument by a fictitious or erroneous name and in any stage of the proceedings the true name of the defendant is discovered, it may be inserted in the subsequent proceedings, referring to the fact of the defendant being charged by the name mentioned in the accusatory instrument. SPEEDY TRIAL PROVISIONS
When a person has been held to answer for a crime, if an indictment is not found against the person within 30 days or the district attorney does not file an information in circuit court within 30 days after the person is held to answer, the court shall order the prosecution to be dismissed, unless good cause to the contrary is shown.
Except as provided in ORS 135.748: A trial in which the most serious charge alleged in the charging instrument is designated by statute as a misdemeanor must commence within two years from the date of the filing of the charging instrument. A trial in which the most serious charge alleged in the charging instrument is designated by statute as a felony must …
All applicable periods of elapsed time as follows are excluded from the time limits described in ORS 135.746: A period of time during which the defendant is: Under observation or examination for fitness to proceed under ORS 161.365, beginning when the issue of the defendant’s possible lack of fitness to proceed has been raised by the defendant or the defen…
If the defendant is not proceeded against as provided in ORS 135.745, and sufficient reason therefor is shown, the court may order the action to be continued and in the meantime may release the defendant from custody as provided in ORS 135.230 to 135.290, for the appearance of the defendant to answer the charge or action.
If a trial is not commenced as required by ORS 135.746, the court shall order the charging instrument to be dismissed without prejudice unless the court finds on the record substantial and compelling reasons to allow the proceeding to continue. Note: See note under 135.746. DISMISSAL OF ACTION
If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant. An order for the dismissal of a charge or action, as provided in ORS 135.703 to 135.709 and 135.745 to 135.757, is a b…
The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to be dismissed. The reasons for the dismissal shall be set forth in the order, which shall be entered in the register.
The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a crime, except as provided in ORS 135.755. PROSECUTION OF PRISONERS
Any adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) against whom there is pending at the time of commitment or against whom there is filed at any time during imprisonment, in any court of this state, an indictment, information or criminal complaint charging the a…
The district attorney, after receiving a notice requesting trial under ORS 135.760, shall, within 90 days of receipt of the notice, bring the adult in custody to trial upon the pending charge. The court shall grant any reasonable continuance with the consent of the defendant. Notwithstanding the defendant’s lack of consent, the court may grant a continuance…
On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not brought to trial in accordance with ORS 135.763. This section shall not apply: When failure to bring the adult in custody to trial within 90 days after the district attorney receives notice under ORS 135.760 was the result o…
Whenever the presence of an adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) is necessary in any criminal proceeding under ORS 135.760 to 135.773, the court wherein the adult in custody is charged with the commission of a crime may: Issue an order directing the D…
No adult in the custody of a sheriff under ORS 135.767 shall be released pending a criminal proceeding under ORS 135.760 to 135.773 or any appeal therefrom.
The district attorney shall, in all proceedings against adults in custody under ORS 135.760 to 135.773, obtain for and furnish to the court a certified copy of the judgment, sentence or commitment order pursuant to which the adult in custody is imprisoned. DETAINER
The Agreement on Detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: ______________________________________________________________________________ AGREEMENT ON DETAINERS The contracting states solemnly agree that: ARTICLE I The party states find t…
As used in the Agreement on Detainers, the term “appropriate court” means any court of this state that has criminal jurisdiction.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes.
Escape from custody while in another state pursuant to the Agreement on Detainers is an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provision of the Agreement on Detainers and shall be punishable…
The official in charge of a Department of Corrections institution in this state shall give over the person of any adult in custody thereof whenever so required by the operation of the Agreement on Detainers.
The Governor may appoint an administrator who shall perform the duties and functions and exercise the powers conferred upon such person by Article VII of the Agreement on Detainers.
In order to implement paragraph (a) of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer’s written request, notify the prisoner and the Governor in writing that a request for temporary custody has been made and such notification …
When the district attorney of any county shall have received written notice from a prisoner in another state of the prisoner’s request for final disposition to be made of any untried accusatory instrument which is the basis of a detainer against the prisoner, the district attorney promptly shall give written notice to the Governor that such request has been …
Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires to have the prisoner returned for trial, shall give written notice and a summary of the evidence against the prisoner to the Governor in the manner provided in ORS 135.791. The Governor shall, within 10 days af…
The provisions of ORS 135.805 to 135.873 are applicable to all criminal prosecutions in which the charging instrument has been brought in a court of record. Except as otherwise provided in a protective order entered under ORS 135.873, or any other provision of law prohibiting or restricting the disclosure of specific material or information, as used in ORS …
Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to a represented defendant the following material and information within the possession or control of the district attorney: The names, addresses and telephone numbers of persons whom the district attorney intends to call as witnesses at any stage of the trial, tog…
Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to the defense: The occurrence of a search or seizure; and Upon written request by the defense, any relevant material or information obtained thereby, the circumstances of the search or seizure, and the circumstances of the acquisition of any specified statements …
Except as otherwise provided in ORS 135.855 and 135.873, the defense shall disclose to the district attorney the following material and information within the possession or control of the defense: The names and addresses of persons, including the defendant, whom the defense intends to call as witnesses at the trial, together with relevant written or recorde…
The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or the filing of a complaint or information charging a misdemeanor or violation of a city ordinance. The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and e…
The following material and information shall not be subject to discovery under ORS 135.805 to 135.873: Work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the attorneys, peace officers or their agents in connection with the investigation, prosecution or defense …
In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or drugs, the district attorney prosecuting the action shall make available, upon request, to the victim or victims and to their attorney, or to the survivors of the victim or victims and to their attorney, all report…
Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in evidence the material not disclosed, or enter such other order as it considers …
As used in this section: “Local government” has the meaning given that term in ORS 174.116. “Sexual offense” includes but is not limited to a sex crime as defined in ORS 163A.005. “State government” has the meaning given that term in ORS 174.111. “Victim” has the meaning given that term in ORS 131.007. Upon a showing of good cause, the court may at any …
DIVERSION (Generally)
As used in ORS 135.881 to 135.901: “District attorney” has the meaning given that term in ORS 131.005. “Diversion” means referral of a defendant in a criminal case to a supervised performance program prior to adjudication. “Diversion agreement” means the specification of formal terms and conditions which a defendant must fulfill in order to have the charg…
After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010, and after the district attorney has considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would b…
A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial. It may include, but is not limited to, admissions by the defendant, stipula…
As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777. For a person who holds a registry identification card who is subject to a diversion agreement under ORS 135.891, the diversion conditions related …
If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal proceedings for a definite period. Except as provided in ORS 135.898 and subsection (2…
When a diversion agreement authorized under ORS 135.886 (3) involves domestic violence as defined in ORS 135.230, in addition to a waiver of the right to a speedy trial, the agreement must require the servicemember to enter a plea of guilty or no contest to each domestic violence offense charged in the accusatory instrument. If the servicemember, with the ad…
If the district attorney finds at the termination of the diversion period or any time prior thereto that the divertee has failed to fulfill the terms of the diversion agreement, the district attorney shall terminate diversion and the court shall resume criminal proceedings. However, if the former divertee is adjudicated guilty as a result thereof, the court …
(Bad Check)
As used in this section, “bad check diversion program” means a program established under subsection (2) of this section. A district attorney may establish a bad check diversion program within the office of the district attorney. If a district attorney has established a bad check diversion program, upon receipt of a case alleging a violation of ORS 165.065,…
EARLY DISPOSITION PROGRAMS
To effectuate the purposes set out in ORS 135.942, each local public safety coordinating council established under ORS 423.560: Shall establish early disposition programs for first-time offenders who have committed a nonperson offense and for persons charged with probation violations. As used in this subsection, “nonperson offense” means an offense other th…
The purposes of an early disposition program are to: Hold offenders accountable for their actions; Ensure a prompt resolution of criminal matters; Protect the rights of the public and the offender; Maximize use of community resources to provide alternative sanctions for criminal behavior; and Reduce the costs to the criminal justice system that are incu…
An early disposition program established under ORS 135.941 must provide, but need not be limited to, the following: Written criteria for eligibility to participate in the program. Victim notification and appearance. A process to ensure legal representation and provision of discovery for offenders who are eligible for the early disposition program. Specif…
A district attorney may provide an offer and agreed disposition recommendation under an early disposition program established under ORS 135.941 to a probationer at the time of the first appearance of the probationer in court for a probation violation. Unless extended by the court, an offer and agreed disposition recommendation made under paragraph (a) of th…
Nothing in ORS 135.941, 135.942, 135.943 and 135.948 or in the amendments to ORS 135.380, 135.385, 135.390 and 135.405 by sections 10 to 13, chapter 635, Oregon Laws 2001, prevents the implementation or continuation of an early disposition program other than one established under ORS 135.941. Note: See note under 135.941.
MEDIATING CRIMINAL OFFENSES
Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or dis…
A defendant may participate in mediation as part of a diversion agreement under ORS 135.881 to 135.901. A court, including, but not limited to, a justice court, may: Authorize, in a pretrial release order, contact between a defendant and a victim as part of mediation between the defendant and the victim; Consider mediation as the basis of a compromise of …
Law enforcement agencies, district attorneys and city attorneys may inform: The victim of a crime of: Any mediation opportunities that may be available to the victim in the victim’s community, within or as an alternative to the criminal justice system; and How to request mediation; and A person charged with a crime of: Any mediation opportunities that m…
The provisions of ORS 36.220 to 36.238 do not apply to a mediation conducted under ORS 135.951 or 135.953 unless the parties to the mediation enter into a written agreement for confidentiality of the mediation. If the parties enter into a written agreement for confidentiality of the mediation, a court may not receive in evidence in any proceeding any mediati…
A law enforcement agency, city attorney, district attorney, county juvenile department or court may contract with dispute resolution programs to provide mediation services under ORS 135.951 or 135.953. The programs must meet the standards for dispute resolution programs established by the Dean of the University of Oregon School of Law under ORS 36.175. Note…
If the victim or a witness requests, the court shall order that the victim’s or witness’s address and phone number not be given to the defendant unless good cause is shown to the court. If contacted by the defense or any agent of the defense, the victim must be clearly informed by the defense or other contacting agent, either in person or in writing, of the…
As used in this section, “treatment court” has the meaning given that term in ORS 137.680. An individual may not be denied entry into a treatment court in this state solely for the reason that the individual is taking, or intends to take, medication prescribed by a licensed health care practitioner for the treatment of drug abuse or dependency. Note: 135.9…
The Director of the Department of Corrections shall maintain a directory of public and private rehabilitative programs known and available to corrections agencies of the state and of each county. For purposes of this subsection, “rehabilitative program” means a planned activity, in a custodial or noncustodial context, designed and implemented to treat drug o…
The court may not inquire into a defendant’s immigration status, and may not require a defendant to disclose the defendant’s immigration status, at any time during a criminal proceeding. Subsection (1) of this section does not prohibit a defendant from knowingly and voluntarily disclosing to the court the defendant’s immigration status at any time during th…
As used in this section, “servicemember” means a person who is a member, or who served as a member, of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard. At the time of arraignment on a criminal charge, the court shall inform the defendant that the defendant’s status as a servicememb…
Violation of ORS 135.155 is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant. _______________