ORS 147.504 Scope

ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforced by writ of mandamus under ORS 34.105 to 34.240.

Nothing in ORS 147.500 to 147.550:

Affects the authority granted by law to the prosecuting attorney to assert the public’s interest, including but not limited to:

Asserting rights granted to victims by law; and

Investigating and presenting to the court evidence relating to restitution.

Authorizes a court to order the dismissal of a criminal proceeding or to grant a motion for judgment of acquittal, in arrest of judgment or for a new trial.

Reduces a defendant’s rights under the United States Constitution or authorizes the suspension of a criminal proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution or the United States Constitution.