Oregon Law
Law as of Jan 1, 2024
Chapter contents
135.010Time and place 135.020Scope of proceedings 135.030When presence of defendant is required; appearance by counsel 135.035Bringing in defendant not yet arrested or held to answer 135.037Omnibus hearing; when held; subject; ruling of court; counsel required 135.040Right to counsel 135.045Court appointment of counsel; waiver of counsel; appointment of legal advisor 135.050Eligibility for court-appointed counsel; financial statement; termination; civil liability 135.053[1979 c.806 §1; 1981 s.s. c.3 §124; repealed by 1985 c.502 §28] 135.055Compensation and expenses of appointed counsel 135.060Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment 135.065Name used in further proceedings; motion to strike false name 135.067Effect of failure to provide true name of defendant on certain types of release 135.070Informing defendant as to charge, right to counsel, use of statement and preliminary hearing 135.073Statement by defendant when not advised of rights 135.075Obtaining counsel 135.080[Formerly 133.635; repealed by 1979 c.867 §18] 135.085Subpoenaing witnesses 135.090Examination of adverse witnesses 135.095Right of defendant to make or waive making a statement 135.100Statement of defendant 135.105Use of statement before grand jury or on trial 135.110[Amended by 1973 c.836 §132; renumbered 135.030] 135.115Waiver of right to make statement 135.120[Repealed by 1973 c.836 §358] 135.125Examination of defendant’s witnesses 135.130[Repealed by 1973 c.836 §358] 135.135Exclusion of witnesses during examination of others 135.139Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim’s rights; disclosure of test results; penalties 135.140[Amended by 1973 c.836 §133; renumbered 135.035] 135.145Testimony of witnesses 135.150[Repealed by 1973 c.836 §358] 135.155Retention of record and statements by magistrate; inspection 135.160[Repealed by 1973 c.836 §358] 135.165Counsel for complainant; district attorney 135.170[Repealed by 1973 c.836 §358] 135.173Oregon Evidence Code to apply in preliminary hearings; exception 135.175Discharge 135.180[Repealed by 1973 c.836 §358] 135.185Holding defendant to answer; use of hearsay evidence 135.190[Repealed by 1973 c.836 §358] 135.195Commitment 135.200[Repealed by 1973 c.836 §358] 135.205Indorsement in certain cases 135.210[Repealed by 1973 c.836 §358] 135.215Direction to sheriff; detention of defendant 135.225Forwarding of papers by magistrate 135.230Definitions for ORS 135.230 to 135.290 135.233Standing pretrial release orders; guidelines for orders 135.235Release assistance officers; appointment; duties 135.240Releasable offenses 135.242[2008 c.52 §1; 2021 c.591 §45; repealed by 2021 c.643 §7] 135.245Release decision 135.246Release conditions related to medical use of cannabis 135.247Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence 135.250General conditions of release agreement 135.252[2016 c.24 §53f; repealed by 2019 c.292 §10] 135.253Waiver of appearance at trial as release condition prohibited 135.255Release agreement 135.260Conditional release 135.265Security release 135.270Taking of security 135.275Seizure of security by law enforcement agency 135.280Arrest warrant; forfeiture 135.285Modification of release decision 135.290Punishment by contempt of court 135.295Application of ORS 135.230 to 135.290 to certain traffic offenses 135.305Types of answer 135.310[Renumbered 135.040] 135.315Types of pleading 135.320[Amended by 1961 c.696 §2; 1967 c.475 §2; 1973 c.836 §134; renumbered 135.045] 135.325Pleading a judgment 135.330[Amended by 1961 c.698 §1; 1967 c.628 §1; 1971 c.677 §1; renumbered 135.055] 135.335Pleading by defendant; conditional pleas 135.340[Amended by 1973 c.836 §136; renumbered 135.060] 135.345Legal effect of plea of no contest 135.350[Amended by 1973 c.836 §137; renumbered 135.065] 135.355Presentation of plea; entry in register; forms 135.360Special provisions relating to presentation of plea of guilty or no contest 135.365Withdrawal of plea of guilty or no contest 135.370Not guilty plea as denial of allegations of accusatory instrument 135.375Pleading to offenses in other counties 135.380Time of entering plea; aid of counsel 135.385Defendant to be advised by court; inquiry into immigration status prohibited 135.390Determining voluntariness of plea; nature of plea agreement 135.395Determining accuracy of plea 135.405Plea discussions and plea agreements 135.406[1997 c.313 §3; repealed by 2009 c.178 §35] 135.407Plea agreement must contain defendant’s criminal history classification; stipulations 135.410[Repealed by 1973 c.836 §358] 135.415Criteria to be considered in plea discussions and plea agreements 135.418Prohibited plea agreement provisions 135.420[Amended by 1973 c.836 §158; renumbered 135.305] 135.425Responsibilities of defense counsel 135.430[Renumbered 135.315] 135.432Judge involvement in plea discussions; responsibilities of trial judge 135.435Discussion and agreement not admissible 135.440[Repealed by 1973 c.836 §358] 135.445Withdrawn plea or statement not admissible 135.450[Renumbered 135.325] 135.455Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice 135.460[Repealed by 1973 c.836 §358] 135.465Defect in accusatory instrument as affecting acquittal on merits 135.470Motion to dismiss accusatory instrument on grounds of former jeopardy 135.510Grounds for motion to set aside the indictment 135.520Time of making motion; hearing 135.530Effect of allowance of motion 135.540Effect of resubmission of case 135.550[Repealed by 1973 c.836 §358] 135.560Order to set aside is no bar to future prosecution 135.610Demurrer; generally 135.620[Repealed by 1973 c.836 §358] 135.630Grounds of demurrer 135.640When objections that are grounds for demurrer may be taken 135.650Hearing of objections specified by demurrer 135.660Judgment on demurrer; entry in register 135.670Allowance of demurrer 135.680Procedure if resubmission of case not allowed 135.690Resubmission of case 135.700Disallowance of demurrer 135.703Crimes subject to being compromised; exceptions 135.705Satisfaction of injured person; dismissal of charges 135.707Discharge as bar to prosecution 135.709Exclusiveness of procedure 135.711Facts constituting crime or subcategory of crime required 135.713Necessity of stating presumptions of law and matters judicially noticed 135.715Effect of nonprejudicial defects in form of accusatory instrument 135.717Time of crime 135.720Place of crime in certain cases 135.725Person injured or intended to be injured 135.727Description of animal 135.730Judgments; facts conferring jurisdiction 135.733Defamation 135.735Forgery; misdescription of forged instrument 135.737Perjury 135.740Construction of words and phrases used 135.743Fictitious or erroneous name; insertion of true name 135.745Delay in finding an indictment or filing an information 135.746Time period within which trial must commence 135.747[Formerly 134.120; repealed by 2013 c.431 §1] 135.748Periods of time excluded from time limits 135.750Where there is reason for delay 135.752When trial not commenced within time limit 135.753Effect of dismissal 135.755Dismissal on motion of court or district attorney 135.757Nolle prosequi; discontinuance by district attorney 135.760Notice requesting early trial on pending charge 135.763Trial within 90 days of notice unless continuance granted 135.765Dismissal of criminal proceeding not brought to trial within allowed time; exceptions 135.767Presence of prisoner at proceedings 135.770Release of prisoner prohibited 135.773District attorney to furnish certain documents 135.775Agreement on Detainers 135.777Definition for ORS 135.775 135.779Enforcement of ORS 135.775 by public agencies 135.783Effect of escape from custody in another state 135.785Surrender of custody under ORS 135.775 135.787Administrator of agreement; appointment; duties 135.789Notice of request for temporary custody; prisoner’s rights 135.791Request for final disposition of detainer from prisoner in another state 135.793Procedure where untried instrument pending against prisoner in another state 135.805Applicability; scope of disclosure 135.810[Repealed by 1973 c.836 §358] 135.815Disclosure to defendant 135.820[Repealed by 1973 c.836 §358] 135.825Other disclosure to defense; special conditions 135.830[Amended by 1973 c.836 §161; renumbered 135.355] 135.835Disclosure to the state 135.840[Amended by 1973 c.836 §162; renumbered 135.360] 135.845Time of disclosure 135.850[Amended by 1973 c.836 §163; renumbered 135.365] 135.855Material and information not subject to discovery 135.857Disclosure to victim; conditions 135.860[Amended by 1973 c.836 §164; renumbered 135.370] 135.865Effect of failure to comply with discovery requirements 135.870[Amended by 1971 c.743 §321; repealed by 1973 c.836 §358] 135.873Protective orders 135.875[1969 c.293 §1; renumbered 135.455] 135.880[Amended by 1973 c.836 §176; renumbered 135.465] 135.881Definitions for ORS 135.881 to 135.901 135.886Requirements for diversion; factors considered 135.890[Repealed by 1973 c.836 §358] 135.891Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee 135.893Diversion conditions related to medical use of cannabis 135.896Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay 135.898Diversion agreement involving servicemember charged with domestic violence 135.900[Repealed by 1973 c.836 §358] 135.901Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program 135.905[1987 c.905 §10; 1999 c.59 §27; repealed by 2012 c.81 §7] 135.907[1989 c.1075 §5; repealed by 2017 c.21 §126] 135.909[1989 c.1075 §6; 1993 c.13 §2; repealed by 2017 c.21 §126] 135.911[1989 c.1075 §7; repealed by 2017 c.21 §126] 135.913[1989 c.1075 §8; repealed by 2017 c.21 §126] 135.915[1989 c.1075 §9; repealed by 2017 c.21 §126] 135.917[1989 c.1075 §11; 2009 c.595 §93; repealed by 2017 c.21 §126] 135.919[1989 c.1075 §10; 2015 c.258 §2; repealed by 2017 c.21 §126] 135.921[1989 c.1075 §12; 1991 c.460 §19; 1991 c.818 §4; 1993 c.13 §3; 2003 c.737 §§62,63; 2005 c.702 §§73,74,75; 2007 c.71 §34; 2011 c.595 §165; repealed by 2017 c.21 §126] 135.925Bad check diversion program; fees 135.930[1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4] 135.935[1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4] 135.940[1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4] 135.941Early disposition programs 135.942Purposes of program 135.943Provisions of program 135.945[1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4] 135.946[2001 c.635 §9; repealed by 2005 c.308 §1] 135.948Availability to probationers 135.949Other programs authorized 135.950[1983 c.487 §5; repealed by 1987 c.908 §4] 135.951Authorization; determining when appropriate; exclusions 135.953How mediation may be used 135.955Notifying victims and person charged with crime of mediation opportunities 135.957Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties 135.959Authority to contract with dispute resolution programs 135.970Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant 135.973Medication use by specialty court entrant 135.975[1987 c.475 §2; repealed by 1989 c.790 §74] 135.980Rehabilitative programs directory; compilation; availability 135.983Court inquiry into defendant’s immigration status prohibited 135.985Procedure when defendant is servicemember 135.990Penalties

Chapter 135 — Arraignment and Pretrial Provisions

ORS 135.470 Motion to dismiss accusatory instrument on grounds of former jeopardy

(1)

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.

(2)

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.

(3)

An order to dismiss the accusatory instrument on grounds of former jeopardy is a bar to a future prosecution of the defendant for the offense charged in the accusatory instrument.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.