ORS § 133.705 — OR Code / Title 14 / Chapter 133 / Section 133.705
133.705 Definitions for ORS 133.705 to 133.717
Status: in_force

As used in ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) :

(1) “Biological evidence” means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. “Biological evidence” includes the contents of a sexual assault forensic evidence kit.

(2) “Convicted” includes a finding of guilty or responsible except for insanity and a finding that a person is within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) .

(3) “Covered offense” means:

(a) Aggravated murder under ORS 163.095 (“Aggravated murder” defined) ;

(b) Murder in the first degree under ORS 163.107 (Murder in the first degree) ;

(c) Murder in the second degree under ORS 163.115 (Murder in the second degree) ;

(d) Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree) ;

(e) Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree) ;

(f) Aggravated vehicular homicide under ORS 163.149 (Aggravated vehicular homicide) ;

(g) Rape in the first degree under ORS 163.375 (Rape in the first degree) ;

(h) Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree) ; or

(i) Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree) .

(4) “Custodian” means a law enforcement agency as defined in ORS 131.550 (Definitions for ORS 131.550 to 131.600) , or any other person or public body as defined in ORS 174.109 (“Public body” defined) , that is charged with the collection, preservation or retrieval of evidence in connection with a criminal investigation or criminal prosecution. “Custodian” does not include a court.

(5) “DNA” means deoxyribonucleic acid.

(6) “DNA profile” means the unique identifier of an individual that is derived from DNA.

(7) “Sentence” means a term of incarceration in a correctional or juvenile detention facility, a period of probation, parole or post-prison supervision and the period of time during which a person is under the jurisdiction of the Psychiatric Security Review Board.

(8) “Supervisory authority” has the meaning given that term in ORS 144.087 (“Supervisory authority” defined) .

(9) “Victim” has the meaning given that term in ORS 131.007 (“Victim” defined) . [2011 c.275 §2; 2019 c.635 §7]

Note: 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 133.705 — Definitions for ORS 133.705 to 133.717 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 146.189 — OR Code / Title 14 / Chapter 146 / Section 146.189
146.189 Use of records to identify human remains and missing persons
Status: in_force

(1) If the Superintendent of State Police is notified that a record of unidentified human remains filed by the Department of State Police under ORS 146.171 (Unidentified human remains) corresponds with the record of a person reported as missing, the superintendent shall immediately notify the medical examiner who reported the unidentified human remains and the law enforcement agency that filed the missing person report under ORS 146.181 (Missing persons) . If the medical examiner identifies the remains, the medical examiner shall immediately notify the superintendent and the superintendent shall cancel the report of unidentified human remains.

(2) When a person reported as missing under ORS 146.181 (Missing persons) is found, or when the remains of the person have been discovered and identified, the law enforcement agency to which the person was reported missing shall cancel the reports to state and federal authorities under ORS 146.181 (Missing persons) . The agency shall destroy all information and material received under ORS 146.181 (Missing persons) relating to a missing person who is discovered to be living. In the case of a missing person found to be no longer living, the agency shall seal the information and material obtained under ORS 146.181 (Missing persons) , except as otherwise may be necessary to investigate or prosecute a criminal action relating to the person’s disappearance or death. [Formerly 146.545]

Source: Section 146.189 — Use of records to identify human remains and missing persons; disposition of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 131a.400 — OR Code / Title 14 / Chapter 131a / Section 131a.400
131A.400 Prosecuting attorneys and forfeiture counsel
Status: in_force

(1) Notwithstanding ORS 8.720 (Receiving private fee in criminal action) or any other provision of law, but subject to the provisions of ORS 180.060 (Powers and duties of Attorney General) , a district attorney may act as forfeiture counsel in any forfeiture proceeding.

(2) In any forfeiture proceeding for which related criminal proceedings have been brought or could be brought, a prosecuting attorney or forfeiture counsel may participate in settlement negotiations initiated by the defendant or claimant or by the attorney representing the defendant or claimant. [2009 c.78 §46]

Source: Section 131A.400 — Prosecuting attorneys and forfeiture counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 147.465 — OR Code / Title 14 / Chapter 147 / Section 147.465
147.465 Grantmaking
Status: in_force

(1) If sufficient funds are available in the Oregon Domestic and Sexual Violence Services Fund, the Attorney General or the Attorney General’s designee may make grants from the fund to carry out the plan developed under ORS 147.456 (Plan for allocation of funds) .

(2) The Attorney General may hire staff necessary to accomplish the purposes of the plan developed under ORS 147.456 (Plan for allocation of funds) .

(3) In accordance with ORS chapter 183, the Attorney General shall adopt rules necessary to carry out the provisions of ORS 147.450 (Definitions) to 147.471 (Advisory council) . [2001 c.870 §25; 2007 c.71 §41]

Note: See note under 147.450 (Definitions) .

Source: Section 147.465 — Grantmaking; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 136.557 — OR Code / Title 14 / Chapter 136 / Section 136.557
136.557 Issuance of subpoena by magistrate for witnesses at preliminary examination
Status: in_force

A magistrate before whom an information is laid or complaint made may issue subpoenas subscribed by the magistrate for witnesses within the state, either on behalf of the state or of the defendant. [Formerly 139.020]

Source: Section 136.557 — Issuance of subpoena by magistrate for witnesses at preliminary examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.227 — OR Code / Title 14 / Chapter 137 / Section 137.227
137.227 Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person
Status: in_force

(1) After a defendant has been convicted of a crime, the court may cause the defendant to be evaluated to determine if the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306 (Definitions) . The evaluation shall be conducted by an agency or organization designated under subsection (2) of this section.

(2) The court shall designate agencies or organizations to perform the evaluations required under subsection (1) of this section. The designated agencies or organizations must meet the standards set by the Oregon Health Authority to perform the evaluations for drug dependency and must be approved by the authority. Wherever possible, a court shall designate agencies or organizations to perform the evaluations that are separate from those that may be designated to carry out a program of treatment for alcohol or drug dependency. [1991 c.630 §1; 2009 c.595 §94]

Note: 137.227 (Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person) to 137.229 (Duty of Department of Corrections) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.227 — Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 142.060 — OR Code / Title 14 / Chapter 142 / Section 142.060
142.060 Crediting and appropriating proceeds of sale paid into county treasury
Status: in_force

Money paid into the county treasury pursuant to ORS 142.040 (Disposal of unclaimed money or property) shall be credited and appropriated as a fine imposed upon a person convicted of theft; but the owner of the property, at any time within six years of the conviction, upon making satisfactory proof of ownership before the county court of the county, may, by the order of such court, have the proceeds repaid to the owner from the county treasury. [Amended by 1971 c.743 §337]

Source: Section 142.060 — Crediting and appropriating proceeds of sale paid into county treasury; rights of owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors142.­html (accessed May 26, 2025).
ORS § 144.120 — OR Code / Title 14 / Chapter 144 / Section 144.120
144.120 Initial parole hearing
Status: in_force

(1) Intentionally left blank —Ed.

(a) Within six months of the admission of a prisoner to any Department of Corrections institution, with the exception of those prisoners sentenced to a term of imprisonment for life or for more than five years, the State Board of Parole and Post-Prison Supervision shall conduct a parole hearing to interview the prisoner and set the initial date of release on parole pursuant to subsection (2) of this section. For those prisoners sentenced to a term of imprisonment for more than five years but less than 15 years, the board shall conduct the parole hearing and set the initial date of release within eight months following admission of the prisoner to the institution. For those prisoners sentenced to a term of imprisonment for life or for 15 years or more, with the exception of those sentenced for aggravated murder or murder, the board shall conduct the parole hearing, and shall set the initial release date, within one year following admission of the prisoner to the institution. Release shall be contingent upon satisfaction of the requirements of ORS 144.125 (Review of parole plan, psychological reports and conduct prior to release) .

(b) Those prisoners sentenced to a term of imprisonment for less than 15 years for commission of an offense designated by rule by the board as a non person-to-person offense may waive their rights to the parole hearing. When a prisoner waives the parole hearing, the initial date of release on parole may be set administratively by the board pursuant to subsections (2) to (6) of this section. If the board is not satisfied that the waiver was made knowingly or intelligently or if it believes more information is necessary before making its decision, it may order a hearing.

(2) In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall apply the appropriate range established pursuant to ORS 144.780 (Rules on duration of imprisonment) . Variations from the range shall be in accordance with ORS 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist) .

(3) In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall consider the presentence investigation report specified in ORS 144.791 (Presentence report in felony conviction cases) or, if no such report has been prepared, a report of similar content prepared by the Department of Corrections.

(4) Notwithstanding subsection (1) of this section, in the case of a prisoner whose offense included particularly violent or otherwise dangerous criminal conduct or whose offense was preceded by two or more convictions for a Class A or Class B felony or whose record includes a psychiatric or psychological diagnosis of severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may choose not to set a parole date.

(5) After the expiration of six months after the admission of the prisoner to any Department of Corrections institution, the board may defer setting the initial parole release date for the prisoner for a period not to exceed 90 additional days pending receipt of psychiatric or psychological reports, criminal records or other information essential to formulating the release decision.

(6) When the board has set the initial parole release date for a prisoner, it shall inform the sentencing court of the date. [1977 c.372 §5; 1981 c.426 §1; 1985 c.283 §2; 1987 c.2 §14; 1987 c.320 §51; 1987 c.881 §1; 1989 c.589 §3; 1991 c.126 §6; 1993 c.294 §5; 1999 c.782 §3; 2001 c.104 §48; 2010 c.89 §11]

Note: See note under 144.110 (Restriction on parole of persons sentenced to minimum terms) .

Source: Section 144.120 — Initial parole hearing; setting initial parole release date; deferral of setting initial date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.456 — OR Code / Title 14 / Chapter 147 / Section 147.456
147.456 Plan for allocation of funds
Status: in_force

(1) Prior to January 1, 2002, the Department of Justice shall develop a plan for the allocation of funds that are appropriated under section 32, chapter 870, Oregon Laws 2001, in collaboration with:

(a) The Department of Human Services;

(b) The Department of State Police;

(c) The Oregon Coalition Against Domestic and Sexual Violence;

(d) The Governor’s Council on Domestic Violence;

(e) The Attorney General’s Sexual Assault Task Force;

(f) Victims of domestic and sexual violence;

(g) Representatives of county governments and county human services departments;

(h) Representatives of local domestic violence councils;

(i) Representatives of domestic violence victim services providers or advocacy organizations; and

(j) Other interested organizations.

(2) The plan developed under subsection (1) of this section shall:

(a) Set the criteria, procedures and timelines for allocation of funds;

(b) Establish uniform systems for reporting requirements, collecting statistical data and reporting measurable outcomes for programs that receive funding;

(c) Set guidelines for the planning, coordination and delivery of services by programs that receive funding;

(d) Provide a process whereby the Department of Justice may review all findings from data collected from programs that receive funding. If the department conducts a review, the department shall use the information to develop future economic resources and services and to coordinate services; and

(e) Further the purposes set forth in ORS 147.453 (Oregon Domestic and Sexual Violence Services Fund) . [2001 c.870 §26]

Note: See note under 147.450 (Definitions) .

Source: Section 147.456 — Plan for allocation of funds; Department of Justice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.218 — OR Code / Title 14 / Chapter 137 / Section 137.218
137.218 Joint petition for reconsideration of conviction or sentence
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding ORS 138.540 (Petition for relief as exclusive remedy for challenging conviction) , a person who was sentenced for a felony offense other than aggravated murder and the district attorney of the county in which the person was sentenced may jointly petition the sentencing court for reconsideration of a conviction or sentence if the original sentence no longer advances the interests of justice and the conviction is not eligible to be set aside under ORS 137.225 (Order setting aside conviction or record of criminal charge) . The petition shall specify each conviction to be reconsidered and the terms of the agreement between the district attorney and the person, which may include the dismissal of charges, the vacating of previous convictions, a plea to a new alternative offense, resentencing for the original conviction or sentencing on the new offense.

(b) If the court is not authorized to impose the new sentence requested in the petition on the original crime of conviction due to the fact that the new sentence is lower than a sentence required by ORS 137.690 (Major felony sex crime) , 137.700 (Offenses requiring imposition of mandatory minimum sentences) , 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older) , 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors) , 475.925 (Sentences for certain controlled substance offenses) , 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants) , the terms of the agreement shall include the vacating of the original judgment of conviction, and may include the preparation by the district attorney of a new charging instrument with an alternative offense, a plea by the person to the alternative offense and waiver of any challenges to the conviction for the alternative offense and the imposition by the court of the new sentence on the alternative offense.

(2) Intentionally left blank —Ed.

(a) Upon receipt of the petition described in subsection (1) of this section, the court shall hold a hearing. The court may grant the petition if the court determines that the original sentence no longer advances the interests of justice.

(b) If the court grants the petition, but the court is not authorized to impose the new sentence requested in the petition on the original conviction due to fact that the new sentence is lower than a sentence required by ORS 137.690 (Major felony sex crime) , 137.700 (Offenses requiring imposition of mandatory minimum sentences) , 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older) , 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors) , 475.925 (Sentences for certain controlled substance offenses) , 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants) , the court shall vacate the original judgment of conviction and proceed in accordance with the agreement. If applicable, the district attorney shall prepare a charging instrument charging the person with an alternative offense, the court shall proceed with taking a plea to the alternative offense, the person shall waive any challenges to the conviction for the alternative offense and the court shall impose the new sentence requested in the petition.

(c) If the court grants the petition and the court is not prohibited from imposing the sentence requested in the petition as described in paragraph (b) of this subsection, the court shall proceed in accordance with the agreement.

(d) If the court imposes a new sentence on the original conviction under this section, the court shall resentence the defendant in the same manner as if the person had not previously been sentenced, provided that the new sentence, if any, is not greater than the original sentence. The court shall impose the new sentence as specified in the petition notwithstanding any other law mandating or requiring a specific sentence.

(3) The court may consider post-conviction factors when determining whether to grant a petition under this section, including but not limited to:

(a) The person’s disciplinary record and record of rehabilitation while incarcerated;

(b) Evidence that reflects whether the person’s age, time served and diminished physical or mental condition, if any, have reduced the person’s risk for future violence;

(c) The safety of the victim associated with each conviction in the petition;

(d) The amount of the original sentence already served by the person; and

(e) Evidence that reflects changed circumstances since the person’s original sentencing and shows that the person’s continued incarceration no longer advances the interests of justice.

(4) Intentionally left blank —Ed.

(a) The district attorney shall use all reasonable efforts to inform the victim associated with each conviction in the petition, in a trauma-informed manner, of the fact that a petition has been filed under this section, and provide a copy of the petition to the victim, as soon as practicable and no later than 30 days before any hearing on the petition. The district attorney shall further make all reasonable efforts to provide notification to the victim of the date of the hearing, explain the petition process under this section to the victim, provide opportunities for input by the victim and provide the victim with access to available victim advocates and other related services.

(b) At the hearing described in subsection (2) of this section, the court shall provide an opportunity for victims to make a statement in person, in writing or through a representative.

(5) When a person is resentenced under this section, the person shall receive credit for time served under ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) . If the person is convicted of a new offense under this section, the court shall indicate that the new crime of conviction was committed as part of the same criminal episode as the original crime of conviction.

(6) A resentencing under this section does not revive any challenge to the resentenced conviction if the challenge would have been barred at the time of resentencing due to the passage of time. [2021 c.414 §1]

Note: 137.218 (Joint petition for reconsideration of conviction or sentence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.218 — Joint petition for reconsideration of conviction or sentence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.765 — OR Code / Title 14 / Chapter 135 / Section 135.765
135.765 Dismissal of criminal proceeding not brought to trial within allowed time
Status: in_force

(1) 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 (Trial within 90 days of notice unless continuance granted) .

(2) This section shall not apply:

(a) When failure to bring the adult in custody to trial within 90 days after the district attorney receives notice under ORS 135.760 (Notice requesting early trial on pending charge) was the result of motions filed on behalf of the adult in custody, or of a grant by the court of a continuance on motion of the district attorney or on its own motion, for good cause shown; or

(b) When the adult in custody is unavailable for trial, other than by imprisonment, or because of other pending criminal proceedings against the adult in custody. [Formerly 134.530; 1993 c.542 §2; 2019 c.213 §17]

Source: Section 135.765 — Dismissal of criminal proceeding not brought to trial within allowed time; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.906 — OR Code / Title 14 / Chapter 131 / Section 131.906
131.906 Law Enforcement Contacts Policy and Data Review Committee
Status: in_force

(1) There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor.

(2) 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.

(3) To achieve its purpose, the committee shall collect and analyze demographic data to:

(a) Provide information to assist communities and state and local law enforcement agencies in evaluating the policies, training and procedures of law enforcement agencies regarding the treatment of individuals during stops and other contacts with law enforcement;

(b) Inform state and local law enforcement agencies and communities about law enforcement practices; and

(c) Provide opportunities for communities and state and local law enforcement agencies to work together to increase public trust and confidence in law enforcement and to enhance the capacity of communities and law enforcement agencies to provide more effective public safety services.

(4) The committee shall:

(a) Solicit demographic data concerning law enforcement stops and other contacts between state and local law enforcement agencies and individuals;

(b) Publicize programs, procedures and policies from communities that have made progress toward eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals;

(c) Provide technical assistance, including refinement of the minimum data elements as necessary for effective analysis, to state and local law enforcement agencies that desire to begin collecting demographic data;

(d) Provide technical assistance to communities and state and local law enforcement agencies that desire to engage in local efforts to involve individuals in the establishment and implementation of programs, procedures and policies that will advance the goal of ORS 131.905 (Legislative findings) ;

(e) Obtain resources for independent analysis and interpretation of demographic data collected by state or local law enforcement agencies;

(f) Accept and analyze demographic data collected by a state or local law enforcement agency if requested by a state or local law enforcement agency and if resources are available; and

(g) Report to the public the results of analyses of demographic data.

(5) In carrying out its purpose, the committee may request and receive data files from participating law enforcement agencies and may analyze data for each reported contact. These data files should contain as many of the following items of information as are collected by the participating law enforcement agency:

(a) The reason for the law enforcement stop or other contact;

(b) The law enforcement officer’s perception of the race, color or national origin of the individual involved in the contact;

(c) The individual’s gender;

(d) The individual’s age;

(e) Whether a search was conducted in connection with the contact, and if so, what resulted from the search;

(f) The disposition of the law enforcement action, if any, resulting from the contact; and

(g) Additional data as recommended by the committee that state and local law enforcement agencies should collect and submit.

(6) Data received by the committee for analysis under this section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency.

(7) The committee shall elect one of its members to serve as chairperson.

(8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Claims for expenses incurred in performing functions of the committee shall be paid out of funds appropriated to Portland State University for purposes of the committee.

(9) Portland State University shall provide administrative support staff necessary to the performance of the functions of the committee.

(10) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , are requested to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the committee consider necessary to perform their duties.

(11) The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees annually on or before December 1.

(12) After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements.

(13) This section does not prohibit a state or local law enforcement agency from collecting data in addition to the information listed in subsection (5) of this section. [2001 c.687 §6; 2007 c.190 §2; 2009 c.859 §1]

Source: Section 131.906 — Law Enforcement Contacts Policy and Data Review Committee; duties; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.525 — OR Code / Title 14 / Chapter 131 / Section 131.525
131.525 Previous prosecution
Status: in_force

(1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:

(a) 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.

(b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:

(A) It is physically impossible to proceed with the trial in conformity with law; or

(B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or

(C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or

(D) The jury is unable to agree upon a verdict; or

(E) False statements of a juror on voir dire prevent a fair trial.

(c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.

(d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.

(2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (Previous prosecution) (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365 (Withdrawal of plea of guilty or no contest) , shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution. The provisions of ORS 135.445 (Withdrawn plea or statement not admissible) apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 §28; 1983 c.509 §2]

Source: Section 131.525 — Previous prosecution; when not a bar to subsequent prosecution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.175 — OR Code / Title 14 / Chapter 135 / Section 135.175
135.175 Discharge
Status: in_force

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. [Formerly 133.810]

Source: Section 135.175 — Discharge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.390 — OR Code / Title 14 / Chapter 137 / Section 137.390
137.390 Commencement, term and termination of term of imprisonment in county jail
Status: in_force

The commencement, term and termination of a sentence of imprisonment in the county jail is to be ascertained by the rule prescribed in ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) , and the manner of such confinement and the treatment of persons so sentenced shall be governed by whatever law may be in force prescribing the discipline of county jails. [Amended by 1973 c.631 §3]

Source: Section 137.390 — Commencement, term and termination of term of imprisonment in county jail; treatment of prisoners therein , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.110 — OR Code / Title 14 / Chapter 133 / Section 133.110
133.110 Issuance
Status: in_force

If an information or a complaint has been filed with the magistrate, and the magistrate is satisfied that there is probable cause to believe that the person has committed the crime specified in the information or complaint, the magistrate shall issue a warrant of arrest. If the offense is subject to issuance of a criminal citation under ORS 133.055 (Criminal citation) , the court may authorize a peace officer to issue and serve a criminal citation in lieu of arrest. [Amended by 1969 c.244 §3; 1973 c.836 §68; 1983 c.661 §4; 1999 c.1051 §66]

Source: Section 133.110 — Issuance; citation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.405 — OR Code / Title 14 / Chapter 133 / Section 133.405
133.405 Definitions for ORS 133.405 to 133.408
Status: in_force

(1) As used in ORS 133.405 (Definitions for ORS 133.405 to 133.408) to 133.408 (Application of ORS 133.405 and 133.407) :

(a) “Adjoining state” means California, Idaho, Nevada or Washington.

(b) “Certified peace officer” means a regularly employed peace officer or police officer from an adjoining state, including a peace officer or police officer employed by a local government of an adjoining state.

(c) “Employing agency” means a state or local government of an adjoining state that employs a certified peace officer.

(2) A certified peace officer is a peace officer and a police officer in this state when:

(a) The officer enters this state in order to provide, or attempt to provide, law enforcement services described in subsection (3) of this section; and

(b) The law enforcement services occur within 50 miles from the contiguous border of this state and the adjoining state where the officer is employed.

(3) Subsection (2) of this section applies when the certified peace officer is providing, or attempting to provide, law enforcement services under any of the following circumstances:

(a) In response to a request for law enforcement services initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.

(b) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police for those services is impractical to obtain under the circumstances. The certified police officer shall obtain authorization from an Oregon law enforcement agency having jurisdiction over the location where the services were provided as soon as is practicable after the services have been provided.

(c) For the purpose of assisting an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State police in providing emergency service in response to criminal activity, traffic accidents, emergency incidents or other similar public safety problems, whether or not an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police is present at the scene of the incident.

(4) When a certified peace officer exercises any authority granted under this section, the officer shall submit, as soon as is practicable, a written report concerning the incident to the Oregon law enforcement agency having primary jurisdiction over the geographic area in which the incident occurred. Oregon law enforcement agencies may establish reporting procedures and forms to facilitate reporting required under this subsection.

(5) This section does not confer upon a certified peace officer the authority to enforce Oregon traffic or motor vehicle laws. [2011 c.472 §1]

Note: 133.405 (Definitions for ORS 133.405 to 133.408) to 133.408 (Application of ORS 133.405 and 133.407) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 133.405 — Definitions for ORS 133.405 to 133.408; provision of law enforcement services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.374 — OR Code / Title 14 / Chapter 144 / Section 144.374
144.374 Deputization of persons in other states to act in returning Oregon violators
Status: in_force

(1) The Director of the Department of Corrections may deputize, in writing, any person regularly employed by another state, to act as an officer and agent of this state for the return of any person who has violated the conditions of parole, post-prison supervision, conditional pardon or other conditional release.

(2) Any person deputized pursuant to subsection (1) of this section shall have the same powers with respect to the return of any person who has violated the conditions of parole, post-prison supervision, conditional pardon or other conditional release from custody as any peace officer of this state.

(3) Any person deputized pursuant to subsection (1) of this section shall carry formal evidence of deputization and shall produce the same on demand. [1955 c.369 §1; 1969 c.597 §118; 1973 c.836 §300; 1987 c.320 §65; 1989 c.790 §45]

Source: Section 144.374 — Deputization of persons in other states to act in returning Oregon violators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 132.100 — OR Code / Title 14 / Chapter 132 / Section 132.100
132.100 Oath to witness before grand jury
Status: in_force

The foreman of the grand jury or, in the absence of the foreman, any other grand juror shall administer an oath to any witness appearing before the grand jury. [Amended by 1973 c.836 §40]

Source: Section 132.100 — Oath to witness before grand jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 135.873 — OR Code / Title 14 / Chapter 135 / Section 135.873
135.873 Protective orders
Status: in_force

(1) As used in this section:

(a) “Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined) .

(b) “Sexual offense” includes but is not limited to a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) .

(c) “State government” has the meaning given that term in ORS 174.111 (“State government” defined) .

(d) “Victim” has the meaning given that term in ORS 131.007 (“Victim” defined) .

(2) Upon a showing of good cause, the court may at any time order that specified disclosures be denied, restricted or deferred, or make such other order as is appropriate.

(3) Upon request of any party, the court may permit a showing of good cause for denial or regulation of disclosures, or portion of such showing, to be made in camera. A record shall be made of such proceedings.

(4) If the court enters an order granting relief following a showing in camera, the entire record of the showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. Except for information or materials subject to an order that has been entered under subsection (5) or (6) of this section, the trial court, in its discretion, may, after the case has been concluded, unseal matters previously sealed.

(5) Upon the request of a district attorney or the victim, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 (Invasion of personal privacy in the second degree) or 163.701 (Invasion of personal privacy in the first degree) from copying or disseminating any information of a sexually explicit nature including, but not limited to, photographs depicting a person in a state of nudity, photographs of human genitalia, any information of the prior sexual history of the victim and any visual or audio recording of the sexual victimization.

(6) Upon the request of a district attorney or the victim, unless the court finds good cause to do otherwise, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 (Invasion of personal privacy in the second degree) or 163.701 (Invasion of personal privacy in the first degree) from copying or disseminating a visual or audio recording of the victim describing the victim’s sexual victimization.

(7) Notwithstanding a protective order entered under subsection (5) or (6) of this section, information or materials described in subsections (5) and (6) may be copied or disseminated for the purpose of:

(a) Providing discovery;

(b) Submitting evidence to a grand jury, a court, an agency of state government, a local government or a federal agency for use in judicial or administrative proceedings;

(c) Having the information or materials examined by an expert witness for the court, the state or any party;

(d) Providing copies of the information or materials to the parties’ attorneys or agents; or

(e) Sharing the information or materials with an agency of state government for use in carrying out duties imposed on the agency by statute.

(8) Upon the request of the victim, the court may order that the victim be provided with a copy of information or materials described in subsections (5) and (6) of this section. [1973 c.836 §220; 2005 c.531 §1; 2009 c.713 §10; 2015 c.645 §6]

Source: Section 135.873 — Protective orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.325 — OR Code / Title 14 / Chapter 135 / Section 135.325
135.325 Pleading a judgment
Status: in_force

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 trial. [Formerly 135.450]

Source: Section 135.325 — Pleading a judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.073 — OR Code / Title 14 / Chapter 133 / Section 133.073
133.073 Electronic filing of criminal citation
Status: in_force

(1) Notwithstanding ORS 133.065 (Service of criminal citation) , a peace officer, following procedures established by court rule, may file a criminal citation with or without a form of complaint with the court by electronic means, without an actual signature of the officer, in lieu of filing a duplicate paper copy of the citation. A criminal citation filed under this section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) . A peace officer who files a criminal citation under this section is deemed to certify the citation and any complaint included with the citation by that filing and has the same rights, responsibilities and liabilities in relation to the citation and any complaint included with the citation as an officer has in relation to citations and complaints that are filed with the court in paper form and are certified by actual signature.

(2) A court may allow electronic filing of criminal citations as described under subsection (1) of this section. Procedures established to allow electronic filing of criminal citations under this section shall be established by court rule and shall include procedures necessary to ensure that:

(a) An electronically filed criminal citation with or without a form of complaint includes all information required on a uniform citation adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) . However, an electronically filed criminal citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) , shall not be prohibited by or found in violation of a rule established under this subsection.

(b) An electronically filed criminal citation with or without a form of complaint is verifiable as being filed by a specific peace officer.

(c) Members of the public can obtain copies of and review a criminal citation with or without a form of complaint that is electronically filed and maintained under this section in the same manner as the manner used for those filed on paper.

(3) For a criminal citation with a form of complaint issued under ORS 133.069 (Contents of criminal citation issued with complaint) , the district attorney’s review required by ORS 133.069 (Contents of criminal citation issued with complaint) and, if necessary, amendments for legal sufficiency, must be completed before the electronic filing of the citation with the form of complaint is made with a court under this section. [2005 c.566 §15; 2015 c.13 §1]

Source: Section 133.073 — Electronic filing of criminal citation; court rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.980 — OR Code / Title 14 / Chapter 135 / Section 135.980
135.980 Rehabilitative programs directory
Status: in_force

(1) 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 or alcohol abuse, to prevent criminal sexual behavior, to modify a propensity to commit crimes against persons or property or to achieve restitution for losses caused by an offender and includes programs that employ the device of mediation between the victim and offender. Rehabilitative programs included in the directory that are designed and implemented to treat drug or alcohol abuse must meet minimum standards adopted by the Oregon Health Authority under ORS 430.357 (Minimum standards) . The director shall include:

(a) The name, address and telephone number of the program and the identity of its director or other principal contact;

(b) The geographical jurisdiction of the program;

(c) The types of offenders that the program claims to be able to serve and the criteria that the program applies in selecting or soliciting cases;

(d) The claims of the program regarding its effectiveness in reducing recidivism, achieving restitution or otherwise serving correctional objectives;

(e) An assessment by the relevant corrections agency of the actual effectiveness of the program; and

(f) The capacity of the program for new cases.

(2) The Director of the Department of Corrections shall make the directory available to the Oregon Criminal Justice Commission and to judges in a form that will allow sentencing judges to determine what rehabilitative programs are appropriate and available to the offender during any period of probation, imprisonment or local incarceration and post-prison supervision. The Director of the Department of Corrections shall also make the directory available to its employees who prepare presentence reports and proposed release plans for submission to the State Board of Parole and Post-Prison Supervision.

(3) The directory shall be updated as frequently as is practical, but no less often than every six months. [1989 c.790 §7a; 2011 c.673 §4]

Note: 135.980 (Rehabilitative programs directory) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 135.980 — Rehabilitative programs directory; compilation; availability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.731 — OR Code / Title 14 / Chapter 133 / Section 133.731
133.731 Inventory
Status: in_force

(1) Within a reasonable time but not later than 90 days after the termination of the period of an order issued under ORS 133.724 (Order for interception of communications) , or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in the judge’s discretion should be served in the interest of justice, an inventory which shall include notice of:

(a) The fact of the entry of the order or the application;

(b) The date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and

(c) The fact that during the period wire, electronic or oral communications were or were not intercepted.

(2) The judge, upon the filing of a motion, may in the judge’s discretion make available to such person or the person’s counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of the circuit court, the serving of the inventory required by this section may be postponed. [1979 c.716 §8; 1989 c.983 §9]

Source: Section 133.731 — Inventory; contents; inspection of intercepted communications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.943 — OR Code / Title 14 / Chapter 135 / Section 135.943
135.943 Provisions of program
Status: in_force

An early disposition program established under ORS 135.941 (Early disposition programs) must provide, but need not be limited to, the following:

(1) Written criteria for eligibility to participate in the program.

(2) Victim notification and appearance.

(3) A process to ensure legal representation and provision of discovery for offenders who are eligible for the early disposition program.

(4) Specific evaluation criteria and an evaluation schedule. The evaluation criteria must address, but need not be limited to, the following:

(a) Cost avoidance;

(b) Cost savings; and

(c) Outcomes. [2001 c.635 §8]

Note: See note under 135.941 (Early disposition programs) .

Source: Section 135.943 — Provisions of program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.650 — OR Code / Title 14 / Chapter 153 / Section 153.650
153.650 Disposition of fines for traffic offenses
Status: in_force

(1) If a municipal court enters a judgment of conviction for a traffic offense and the conviction resulted from a prosecution arising out of an arrest or complaint made by an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined in ORS 174.111 (“State government” defined) :

(a) The amount prescribed by ORS 153.633 (Distribution to state) (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account;

(b) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the city in which the municipal court is located; and

(c) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the state.

(2) If a municipal court enters a judgment of conviction for a traffic offense and the conviction resulted from a prosecution arising out of an arrest or complaint made by a city police officer or any other enforcement officer employed by the city:

(a) The amount prescribed by ORS 153.633 (Distribution to state) (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account; and

(b) Subject to subsection (4) of this section, the remaining amount of the fine is payable to the city in which the court is located.

(3) If a municipal court enters a judgment of conviction for a traffic offense and the conviction resulted from a prosecution arising out of an arrest or complaint made by an enforcement officer employed by any other local government, as defined in ORS 174.116 (“Local government” and “local service district” defined) :

(a) The amount prescribed by ORS 153.633 (Distribution to state) (2) is payable to the state and must be forwarded to the Department of Revenue for deposit in the Criminal Fine Account;

(b) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the local government that employs the enforcement officer; and

(c) Subject to subsection (4) of this section, one-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the city in which the court is located.

(4) If the full amount of the fine imposed by a municipal court is collected, the last $16 of the amount collected shall be paid to the county treasurer for the county in which the court is located and may be used only for the purposes specified in ORS 153.660 (Use of amounts paid to county treasurer) . If the full amount of the fine imposed is not collected, the $16 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. The provisions of this subsection do not apply to fines imposed for violations of ORS 811.590 (Unlawful parking in winter recreation parking area) , 814.485 (Failure to wear protective headgear) , 814.486 (Endangering bicycle operator or passenger) , 814.534 (Failure of motor assisted scooter operator to wear protective headgear) , 814.536 (Endangering motor assisted scooter operator) , 814.600 (Failure of skateboarder, scooter rider or in-line skater to wear protective headgear) or 830.990 (Penalties) (1). [2011 c.597 §49; 2013 c.685 §11]

Source: Section 153.650 — Disposition of fines for traffic offenses; municipal court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 132.010 — OR Code / Title 14 / Chapter 132 / Section 132.010
132.010 Composition
Status: in_force

A grand jury is a body of seven persons drawn from the jurors in attendance upon the circuit court at a particular jury service term, having the qualifications prescribed by ORS 10.030 (Eligibility for jury service) and sworn to inquire of crimes committed or triable within the county from which they are selected. [Amended by 1985 c.703 §22]

Source: Section 132.010 — Composition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 131.705 — OR Code / Title 14 / Chapter 131 / Section 131.705
131.705 Definitions for ORS 131.705 to 131.735
Status: in_force

As used in ORS 131.705 (Definitions for ORS 131.705 to 131.735) to 131.735 (Review of exclusion order) , unless the context requires otherwise:

(1) “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.

(2) “Public official” means the officer or employee who is the administrative head of the board, commission, agency or division or department of this state or any political subdivision therein which has jurisdiction over any public property, or the designate of the officer or employee.

(3) “Public property” means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or buildings owned or leased by this state or any political subdivision therein. [Formerly 145.610]

Source: Section 131.705 — Definitions for ORS 131.705 to 131.735 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 136.470 — OR Code / Title 14 / Chapter 136 / Section 136.470
136.470 Conviction or acquittal of one or more of several defendants
Status: in_force

Upon an accusatory instrument against several defendants, any one or more may be convicted or acquitted. [Formerly 136.670]

Source: Section 136.470 — Conviction or acquittal of one or more of several defendants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 146.165 — OR Code / Title 14 / Chapter 146 / Section 146.165
146.165 Verdict
Status: in_force

(1) The jury shall give its verdict in writing, signed by its members, setting forth its findings from the evidence produced:

(a) Who the deceased person was;

(b) When and where the deceased person came to death;

(c) The cause of death; and

(d) The manner of death.

(2) The verdict of a jury of inquest shall not preclude nor require a criminal charge by the grand jury or district attorney.

(3) The testimony of any witness before a jury of inquest shall not be admissible evidence in any civil or criminal proceeding except:

(a) A criminal trial in which the witness is charged with perjury or false swearing arising from the testimony given before the jury of inquest.

(b) A civil or criminal trial in which the testimony before the jury of inquest is offered as a prior inconsistent statement to impeach the same witness.

(4) The verdict of a jury of inquest shall not be admitted into evidence in any trial. [1973 c.408 §24]

Source: Section 146.165 — Verdict; findings; testimony and verdict of inquest as admissible evidence in subsequent proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.372 — OR Code / Title 14 / Chapter 137 / Section 137.372
137.372 Credit for time served as part of probationary sentence
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding the provisions of ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) (2), an offender who has been revoked from a probationary sentence for a felony committed on or after November 1, 1989, and whose sentence was imposed as a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, shall receive credit for the time served in jail after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence. However, if the credit for the time served in jail as described in this paragraph is greater than 90 days, the sentencing judge may limit or deny credit for any of that time that exceeds 90 days.

(b) Notwithstanding the provisions of ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) (2), an offender who has been revoked from a probationary sentence for a felony committed on or after November 1, 1989, and whose sentence was imposed as a presumptive or optional probationary sentence under the rules of the Oregon Criminal Justice Commission, shall receive credit for the time served in jail after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence, unless the sentencing judge orders otherwise.

(2) Notwithstanding the provisions of ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) (2), an offender who is sentenced to imprisonment in the custody of the Department of Corrections following the failure to complete a diversion program described in ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) or a specialty court program in which the offender was not on probation shall receive credit for the time served in jail after arrest and before commencement of the program and for the time served in jail as a sanction for violating the terms of the program, unless the sentencing judge orders otherwise.

(3) Notwithstanding the provisions of ORS 137.320 (Delivery of defendant when committed to Department of Corrections) (4), an offender who has been ordered confined as part of a probationary sentence for a felony committed on or after July 18, 1995, shall receive credit for the time served in jail after arrest and before commencement of the term unless the sentencing judge orders otherwise.

(4) As used in this section, “specialty court” has the meaning given that term in ORS 137.680 (Development of specialty court standards) . [1989 c.790 §81; 1993 c.692 §4; 1995 c.657 §13; 2015 c.508 §2; 2018 c.120 §13]

Note: 137.372 (Credit for time served as part of probationary sentence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.372 — Credit for time served as part of probationary sentence; diversion program or specialty court program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.010 — OR Code / Title 14 / Chapter 138 / Section 138.010
138.010 Mode of review
Status: in_force

Writs of error and of certiorari in criminal actions are abolished. The only mode of reviewing a judgment or order in a criminal action is that prescribed by ORS 138.010 (Mode of review) to 138.310 (Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation) .

Source: Section 138.010 — Mode of review; abolition of writs of error and certiorari , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 131a.450 — OR Code / Title 14 / Chapter 131a / Section 131a.450
131A.450 Record keeping and reporting requirements
Status: in_force

(1) All forfeiting agencies shall maintain written documentation of each seizure for forfeiture made under the provisions of this chapter, sale of seized or forfeited property under this chapter, decision to retain property forfeited under the provisions of this chapter, transfer of property forfeited under this chapter and other dispositions of property seized for forfeiture or forfeited under the provisions of this chapter.

(2) Intentionally left blank —Ed.

(a) As soon as practicable following the seizure of property for civil forfeiture, forfeiture counsel shall file with the Asset Forfeiture Oversight Advisory Committee an electronic report that describes the property seized and the circumstances of the seizure.

(b) As soon as practicable following the entry of judgment under this chapter, forfeiture counsel shall file with the committee an electronic report describing the judgment and the manner in which any forfeited property and the proceeds from any sales of forfeited property were distributed.

(3) Law enforcement agencies shall supply to forfeiture counsel all information requested by forfeiture counsel that is necessary for the preparation of the electronic reports required by subsection (2) of this section.

(4) Public bodies that receive forfeiture proceeds under ORS 131A.360 (Distribution of forfeiture proceeds by local government) (2) and 131A.365 (Distribution of forfeiture proceeds by state) (4) shall submit an electronic report to the committee for any calendar year in which those proceeds are received. The report must be submitted no later than January 31 of the following year and must describe how the proceeds received by the public body have been or will be used.

(5) The committee may require forfeiture counsel or a political subdivision to include in the electronic reports described in this section any additional information requested by the committee.

(6) The committee shall develop and make available electronic forms for the purposes of the reports described in this section. [2009 c.78 §49; 2011 c.504 §2; 2013 c.9 §2]

Source: Section 131A.450 — Record keeping and reporting requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 136.347 — OR Code / Title 14 / Chapter 136 / Section 136.347
136.347 Appointment, duties and compensation of woman officer
Status: in_force

The court or officer before whom any female person mentioned in ORS 136.345 (When attendance of woman officer is required) is interrogated, taken into custody or called as a witness, shall appoint some suitable female person who shall conduct or be present at the examination of such accused person or witness or receive or be present at the receiving or making of any confession or statement which such accused person or witness desires to make. The compensation of any such person, when so appointed, shall be paid out of the general funds of the county wherein such proceeding is had by the county treasurer of the county, upon vouchers signed by the judge of the court or the officer making such appointment, which vouchers shall certify the nature and extent of the services performed and the amount of compensation due the person in whose favor the same is drawn. [Formerly 133.780]

Source: Section 136.347 — Appointment, duties and compensation of woman officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.106 — OR Code / Title 14 / Chapter 137 / Section 137.106
137.106 Restitution to victims
Status: in_force

(1) Intentionally left blank —Ed.

(a) When a person is convicted of a crime, or a violation as described in ORS 153.008 (Violations described) , that has resulted in economic damages, the district attorney shall investigate and present to the court, at the time of sentencing or as provided in paragraph (b) of this subsection, evidence of the nature and amount of the damages.

(b) Intentionally left blank —Ed.

(A) If the district attorney is unable to present restitution evidence at sentencing, within 90 days after sentencing the district attorney may file a motion requesting that either the judgment be amended to require restitution or that a supplemental judgment be entered requiring restitution. The court may extend the time by which the district attorney must file the motion for good cause. The motion must contain a statement that documentation supporting the requested amount of restitution has been provided to the defendant as described in subsection (7) of this section.

(B) Upon receipt of a motion described in subparagraph (A) of this paragraph, the court shall set a hearing. If the defendant objects to the motion, the objection must be filed at least 15 days prior to the hearing and must contain a description of the nature of the objection.

(C) If the parties stipulate to the order and amount of restitution, the court may cancel the hearing and amend the judgment or enter a supplemental judgment requiring the defendant to pay the stipulated amount of restitution.

(c) At a restitution proceeding, economic damages will be presumed reasonable if the damages are documented in the form of a record, bill, estimate or invoice from a business, health care entity or provider or public body as defined in ORS 174.109 (“Public body” defined) .

(2) Intentionally left blank —Ed.

(a) If the court finds from the evidence presented that a victim suffered economic damages, in addition to any other sanction it may impose, the court shall enter a judgment or supplemental judgment requiring that the defendant pay the victim restitution in a specific amount that equals the full amount of the victim’s economic damages as determined by the court. The lien, priority of the lien and ability to enforce the specific amount of restitution established under this paragraph by a supplemental judgment relates back to the date of the original judgment that is supplemented.

(b) Notwithstanding paragraph (a) of this subsection, a court may order that the defendant pay the victim restitution in a specific amount that is less than the full amount of the victim’s economic damages only if:

(A) The victim or, if the victim is an estate, successor in interest, trust or other entity, an authorized representative of the victim consents to the lesser amount, if the conviction is not for a person felony; or

(B) The victim or, if the victim is an estate, successor in interest, trust or other entity, an authorized representative of the victim consents in writing to the lesser amount, if the conviction is for a person felony.

(c) As used in this subsection, “person felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission.

(3) After the district attorney makes a presentation described in subsection (1) of this section, if the court is unable to find from the evidence presented that a victim suffered economic damages, the court shall make a finding on the record to that effect.

(4) No finding made by the court or failure of the court to make a finding under this section limits or impairs the rights of a person injured to sue and recover damages in a civil action as provided in ORS 137.109 (Effect of restitution order on other remedies of victim) .

(5) Intentionally left blank —Ed.

(a) If a judgment or supplemental judgment described in subsection (1) of this section includes restitution, a court may delay the enforcement of the monetary sanctions, including restitution, only if the defendant alleges and establishes to the satisfaction of the court the defendant’s inability to pay the judgment in full at the time the judgment is entered. If the court finds that the defendant is unable to pay, the court may establish or allow an appropriate supervising authority to establish a payment schedule, taking into consideration the financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant. The supervising authority shall be authorized to modify any payment schedule established under this section.

(b) As used in this subsection, “supervising authority” means any state or local agency that is authorized to supervise the defendant.

(6) If the defendant objects to the imposition, amount or distribution of the restitution, the court shall allow the defendant to be heard on such issue at the time of sentencing or at the time the court determines the amount of restitution.

(7) Intentionally left blank —Ed.

(a) At least 10 days prior to the presentation described in subsection (1) of this section, the district attorney shall:

(A) Disclose to the defendant the names of any witnesses that may be called during the presentation; and

(B) Provide the defendant with copies of, or allow the defendant to inspect, any exhibits that will be used or introduced during the presentation.

(b) If the court finds that the district attorney has violated the requirements of this subsection, the court shall grant a continuance to allow additional time for preparation upon request of the defendant. Any additional time granted under this paragraph may not count toward the 90-day time limitation described in subsection (1) of this section. [1977 c.371 §2; 1983 c.724 §1; 1993 c.533 §1; 1997 c.313 §23; 1999 c.1051 §124; 2003 c.670 §1; 2005 c.564 §2; 2007 c.425 §1; 2007 c.482 §1; 2013 c.388 §1; 2015 c.9 §2; 2022 c.57 §1]

Source: Section 137.106 — Restitution to victims; objections by defendant; disclosure to defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.175 — OR Code / Title 14 / Chapter 137 / Section 137.175
137.175 Judgment in criminal action that effects release of defendant
Status: in_force

Whenever a judgment in a criminal action will effect the immediate release of a defendant by discharge, probation, sentence to time served, or otherwise, the court shall cause the prompt delivery of a copy of the judgment to the sheriff no later than three calendar days after the judgment is entered. [1987 c.251 §3; 1991 c.111 §15; 1997 c.801 §65c]

Source: Section 137.175 — Judgment in criminal action that effects release of defendant; delivery to sheriff , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.630 — OR Code / Title 14 / Chapter 135 / Section 135.630
135.630 Grounds of demurrer
Status: in_force

The defendant may demur to the accusatory instrument when it appears upon the face thereof:

(1) 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;

(2) If the accusatory instrument is an indictment, that it does not substantially conform to the requirements of ORS 132.510 (Forms of pleadings) to 132.560 (Joinder of counts and charges) , 135.713 (Necessity of stating presumptions of law and matters judicially noticed) , 135.715 (Effect of nonprejudicial defects in form of accusatory instrument) , 135.717 (Time of crime) to 135.737 (Perjury) , 135.740 (Construction of words and phrases used) and 135.743 (Fictitious or erroneous name) ;

(3) That the accusatory instrument charges more than one offense not separately stated;

(4) That the facts stated do not constitute an offense;

(5) That the accusatory instrument contains matter which, if true, would constitute a legal justification or excuse of the offense charged or other legal bar to the action; or

(6) That the accusatory instrument is not definite and certain. [Amended by 1973 c.836 §184]

Source: Section 135.630 — Grounds of demurrer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.480 — OR Code / Title 14 / Chapter 136 / Section 136.480
136.480 Reconsideration of verdict when jury makes mistake as to law
Status: in_force

When a verdict is found in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict; but if after such reconsideration the jury finds the same verdict, it must be received. [Formerly 136.690]

Source: Section 136.480 — Reconsideration of verdict when jury makes mistake as to law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.109 — OR Code / Title 14 / Chapter 144 / Section 144.109
144.109 Violation of post-prison supervision by sexually violent dangerous offender
Status: in_force

When a person has been sentenced as a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders) , the maximum period of local custody to which the State Board of Parole and Post-Prison Supervision or the local supervisory authority may sanction the offender for any violation of post-prison supervision is 180 days. Notwithstanding ORS 161.605 (Maximum terms of imprisonment for felonies) , the sanction may be imposed repeatedly during the term of the post-prison supervision for subsequent post-prison supervision violations. However, the board or local supervisory authority may impose only a single sanction for all violations known to the board or local supervisory authority as of the date that the sanction is imposed. [1999 c.163 §2]

Note: 144.109 (Violation of post-prison supervision by sexually violent dangerous offender) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.109 — Violation of post-prison supervision by sexually violent dangerous offender; maximum period of sanction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.710 — OR Code / Title 14 / Chapter 144 / Section 144.710
144.710 Cooperation of public officials with State Board of Parole and Post-Prison Supervision and Department of Corrections
Status: in_force

All public officials shall cooperate with the State Board of Parole and Post-Prison Supervision and the Department of Corrections, and give to the board or department, its officers and employees such information as may be necessary to enable them to perform their functions. [Amended by 1973 c.836 §310; 1987 c.320 §80]

Source: Section 144.710 — Cooperation of public officials with State Board of Parole and Post-Prison Supervision and Department of Corrections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.235 — OR Code / Title 14 / Chapter 131 / Section 131.235
131.235 Criminal homicide
Status: in_force

(1) 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 (Jurisdiction) (1).

(2) 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. [1973 c.836 §12]

Source: Section 131.235 — Criminal homicide , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 133.805 — OR Code / Title 14 / Chapter 133 / Section 133.805
133.805 Arrest without warrant
Status: in_force

The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant, upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in ORS 133.803 (Arrest prior to requisition) ; and thereafter the answer of the accused shall be heard as if the accused had been arrested on a warrant. [Formerly 147.140]

Source: Section 133.805 — Arrest without warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 146.113 — OR Code / Title 14 / Chapter 146 / Section 146.113
146.113 Authority to order removal of body fluids
Status: in_force

(1) A medical examiner or district attorney may, in any death requiring investigation, order samples of blood or urine taken for laboratory analysis.

(2) When a death requiring an investigation as a result of a motor vehicle accident occurs within five hours after the accident and the deceased is over 13 years of age, a blood sample shall be taken and forwarded to an approved laboratory for analysis. Such blood or urine samples shall be analyzed for the presence and quantity of ethyl alcohol, and if considered necessary by the Chief Medical Examiner, the presence of any other intoxicants, as defined in ORS 801.321 (“Intoxicant.”) .

(3) Laboratory reports of the analysis shall be made a part of the Chief Medical Examiner’s and district medical examiner’s files. [1973 c.408 §17; 1979 c.744 §5; 2017 c.21 §41; 2017 c.151 §18; 2023 c.498 §17]

Source: Section 146.113 — Authority to order removal of body fluids , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 131.597 — OR Code / Title 14 / Chapter 131 / Section 131.597
131.597 Disposition and distribution of forfeited property when seizing agency is the state
Status: in_force

(1) After the seizing agency distributes property under ORS 131.588 (Judgment of forfeiture) , and when the seizing agency is the state or when the state is the recipient of property forfeited under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) , the seizing agency shall dispose of and distribute property as follows:

(a) 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, storage and servicing or maintaining the seized property under ORS 131.564 (Status of seized property) .

(b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (Judgment of forfeiture) (4).

(c) Of the property remaining after costs have been paid under paragraph (a) of this subsection and distributions have been made under paragraph (b) of this subsection, the seizing agency shall distribute:

(A) Three percent to the Asset Forfeiture Oversight Account established in ORS 131A.460 (Asset Forfeiture Oversight Account) ;

(B) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 (Illegal Drug Cleanup Fund) for the purposes specified in ORS 475.495 (Illegal Drug Cleanup Fund) (5) and (6);

(C) Ten percent to the state General Fund;

(D) Subject to subsection (5) of this section, 40 percent to the Department of State Police or the Department of Justice for official law enforcement use; and

(E) Forty percent to the Drug Prevention and Education Fund established in ORS 430.422 (Drug Prevention and Education Fund) .

(2) Intentionally left blank —Ed.

(a) Any amount paid to or retained by the Department of Justice under subsection (1) of this section must be deposited in the Criminal Justice Revolving Account in the State Treasury.

(b) Any amount paid to or retained by the Department of State Police under subsection (1) of this section must be deposited in the State Police Account.

(3) The state may:

(a) With written authorization from the district attorney for the jurisdiction in which the property was seized, destroy any firearms or controlled substances.

(b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.

(c) Retain any vehicles, firearms or other equipment usable for law enforcement purposes, for official law enforcement use directly by the state.

(d) Lend or transfer any vehicles, firearms or other equipment usable for law enforcement purposes to any federal, state or local law enforcement agency or district attorney for official law enforcement use directly by the transferee entity.

(4) When the state has entered into an intergovernmental agreement with one or more political subdivisions under ORS 131.591 (Equitable distribution of property or proceeds) , or when a law enforcement agency of this state has entered into an agreement with another law enforcement agency of this state, an equitable portion of the forfeited property distributed under subsection (1)(c)(D) of this section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement.

(5) The property distributed under subsection (1)(c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows:

(a) When no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, or when the Department of Justice has entered into an agreement under subsection (4) of this section, the property must be deposited in the Criminal Justice Revolving Account.

(b) When no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, or when the Department of State Police has entered into an agreement under subsection (4) of this section, the property must be deposited in the State Police Account.

(6) The seizing agency may sell as much property as may be needed to make the distributions required by subsection (1) of this section. The seizing agency shall make distributions to the Asset Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are required by subsection (1) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection. [2005 c.830 §17; 2009 c.78 §55]

Source: Section 131.597 — Disposition and distribution of forfeited property when seizing agency is the state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.425 — OR Code / Title 14 / Chapter 147 / Section 147.425
147.425 Personal representative
Status: in_force

(1) As used in this section:

(a) “Health care provider” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581) .

(b) “Law enforcement agency” means:

(A) A city or municipal police department.

(B) A county sheriff’s office.

(C) The Oregon State Police.

(D) A district attorney.

(E) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) .

(F) A special campus security officer commissioned under ORS 352.118 (Establishment of police department) .

(G) An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) .

(c) “Person crime” means a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission.

(d) “Personal representative” means a person selected under subsection (2) of this section to accompany the victim of a crime to certain phases of an investigation and prosecution.

(e) “Protective service worker” means an employee or contractor of a local or state agency whose role it is to protect children or vulnerable adults from abuse or neglect.

(2) A victim of a person crime, who is at least 15 years of age at the time the crime is committed, may select a person who is at least 18 years of age as the victim’s personal representative for purposes of this section. The victim may not select a person who is a suspect in, or a party or witness to, the crime as a personal representative.

(3) Except for grand jury proceedings and child abuse assessments occurring at a child advocacy center recognized by the Department of Justice, a personal representative may accompany the victim to those phases of the investigation, including medical examinations, and prosecution of the crime at which the victim is entitled or required to be present.

(4) A health care provider, law enforcement agency, protective service worker or court may not prohibit a personal representative from accompanying a victim as authorized by subsection (3) of this section unless the health care provider, law enforcement agency, protective service worker or court believes that the personal representative would compromise the process.

(5) A health care provider, law enforcement agency, protective service worker or court is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to a decision under subsection (4) of this section to prohibit a personal representative from accompanying a victim.

(6) The fact that a personal representative was allowed or was not allowed to accompany a victim may not be used as a basis for excluding otherwise admissible evidence.

(7) The fact that a victim has or has not selected a personal representative under this section may not be used as evidence in the criminal case. [2005 c.490 §1; 2011 c.506 §19; 2011 c.644 §§21,44; 2013 c.180 §§19,20; 2015 c.174 §9; 2015 c.767 §§48,49]

Note: 147.425 (Personal representative) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 147.425 — Personal representative , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 133.460 — OR Code / Title 14 / Chapter 133 / Section 133.460
133.460 Forfeiture of conveyances used unlawfully to conceal or transport stolen property
Status: in_force

(1) Any boat, vehicle, aircraft or other conveyance used by or with the knowledge of the owner or the person operating or in charge thereof, other than stolen conveyances, in the unlawful transportation of livestock, livestock carcasses, poultry or other personal property, as provided in ORS 142.070 (Powers and duties of peace officers respecting theft and slaughter of animals and other property) , or in which any such personal property unlawfully possessed is kept or concealed by or with the knowledge of such owner or person operating or in charge thereof, shall be forfeited to the state as provided in this section.

(2) If the person arrested under ORS 133.465 (Seizure of stolen animals or other property being transported) is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner’s rights and duties under this section and ORS 133.465 (Seizure of stolen animals or other property being transported) .

(3) A person notified under subsection (2) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure, to return the vehicle or conveyance to the movant.

(4) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in ORS 133.465 (Seizure of stolen animals or other property being transported) .

(5) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.

(6) If the court does not order the return of the vehicle or conveyance under subsection (4) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in this section and ORS 133.470 (Sale of seized property) and 133.475 (Notice to owner) . [Formerly 142.080]

Source: Section 133.460 — Forfeiture of conveyances used unlawfully to conceal or transport stolen property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.045 — OR Code / Title 14 / Chapter 138 / Section 138.045
138.045 Appeal by state
Status: in_force

(1) The state may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 (Justice court as court of record) or 221.342 (Method by which municipal court becomes court of record) , to the Court of Appeals from:

(a) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument;

(b) An order allowing a demurrer;

(c) An order arresting the judgment;

(d) An order made prior to trial suppressing evidence;

(e) An order made prior to trial for the return or restoration of things seized;

(f) For a felony committed on or after November 1, 1989, a judgment, amended judgment or corrected judgment of conviction;

(g) For any felony, a judgment, amended judgment, supplemental judgment, corrected judgment or post-judgment order, that denied restitution or awarded less than the amount of restitution requested by the state;

(h) An order or judgment in a probation revocation hearing finding that a defendant who was sentenced to probation under ORS 137.712 (Exceptions to ORS 137.700 and 137.707) has not violated a condition of probation by committing a new crime;

(i) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument; or

(j) An order granting a new trial.

(2) Notwithstanding subsection (1) of this section, when the state chooses to appeal an order described in subsection (1)(a), (b) or (d) of this section, the state shall take the appeal to the Supreme Court if the defendant is charged with murder or aggravated murder. [Formerly 138.060]

Source: Section 138.045 — Appeal by state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 147.205 — OR Code / Title 14 / Chapter 147 / Section 147.205
147.205 Authority of Department of Justice
Status: in_force

(1) To carry out the provisions and purposes of ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) , the Department of Justice has the power and duty to:

(a) Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

(b) Request and obtain from law enforcement agencies, district attorneys, county juvenile departments, the Department of Human Services, the Oregon Youth Authority and the Department of Corrections such assistance and information, including police reports, as will enable the Department of Justice to carry out its functions and duties under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) . The Department of Justice may obtain assistance and information under this paragraph, notwithstanding any other law relating to the confidentiality or disclosure of records. The Department of Justice:

(A) Shall maintain the confidentiality of any privileged or confidential information or records obtained under this paragraph;

(B) May use the information or records only for the purposes authorized by ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) ; and

(C) May not disclose the contents of any privileged or confidential records to any other person or entity.

(c) Adopt rules pursuant to ORS chapter 183.

(d) Direct medical examination of victims.

(e) Determine all claims for awards filed with the department pursuant to ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) , and to reinvestigate or reopen cases as the department deems necessary.

(f) Report biennially to the Governor and to the Legislative Assembly on its activities.

(2) Notwithstanding any other law relating to the confidentiality or disclosure of records, when a crime victim applies for compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) , a person that provides medical services or supplies or pays the costs of medical services or supplies provided to the crime victim shall provide to the Department of Justice any individually identifiable health information the person has in the person’s possession about the crime victim if:

(a) The department requests the information; and

(b) A release authorizing the surrender has been completed under ORS 147.105 (Application for compensation) (1)(h).

(3) As used in subsection (2) of this section:

(a) “Pays” includes, but is not limited to, payments made directly or indirectly through settlements, judgments, insurance, Medicaid, other compensation or restitution.

(b) “Person” includes, but is not limited to, health care providers and their agents, insurers and their agents, employers and public bodies as defined in ORS 174.109 (“Public body” defined) . [1977 c.376 §12; 1987 c.770 §7; 1997 c.396 §1; 2003 c.351 §2; 2012 c.81 §13; 2017 c.108 §4]

Source: Section 147.205 — Authority of Department of Justice; assistance from other agencies; examination of victims; reports to Governor and Legislative Assembly; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.635 — OR Code / Title 14 / Chapter 137 / Section 137.635
137.635 Determinate sentences required for certain felony convictions
Status: in_force

(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under ORS 137.120 (Term of sentence) , but, unless it imposes a death penalty under ORS 163.105 (Sentencing options for aggravated murder) , the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to ORS 421.120 (Reduction in term of sentence) or for any reduction in term of incarceration pursuant to ORS 421.121 (Reduction in term of incarceration) .

(2) Felonies to which subsection (1) of this section applies include and are limited to:

(a) Murder in any degree, as defined in ORS 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree) , and any aggravated form thereof.

(b) Manslaughter in the first degree, as defined in ORS 163.118 (Manslaughter in the first degree) .

(c) Assault in the first degree, as defined in ORS 163.185 (Assault in the first degree) .

(d) Kidnapping in the first degree, as defined in ORS 163.235 (Kidnapping in the first degree) .

(e) Rape in the first degree, as defined in ORS 163.375 (Rape in the first degree) .

(f) Sodomy in the first degree, as defined in ORS 163.405 (Sodomy in the first degree) .

(g) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (Unlawful sexual penetration in the first degree) .

(h) Burglary in the first degree, as defined in ORS 164.225 (Burglary in the first degree) .

(i) Arson in the first degree, as defined in ORS 164.325 (Arson in the first degree) .

(j) Robbery in the first degree, as defined in ORS 164.415 (Robbery in the first degree) .

(3) When the court imposes a sentence under this section, the court shall indicate in the judgment that the defendant is subject to this section. [1989 c.1 §§2,3; 1991 c.386 §6; 1993 c.692 §5; 1995 c.79 §49; 2003 c.14 §59; 2019 c.635 §9]

Source: Section 137.635 — Determinate sentences required for certain felony convictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.654 — OR Code / Title 14 / Chapter 137 / Section 137.654
137.654 Oregon Criminal Justice Commission
Status: in_force

(1) There is established the Oregon Criminal Justice Commission consisting of nine members. The Governor shall appoint seven members who are subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. The President of the Senate shall appoint one state Senator as a nonvoting member. The Speaker of the House of Representatives shall appoint one state Representative as a nonvoting member. Members serve at the pleasure of the appointing authority. The Governor shall appoint members of the commission consistent with the following:

(a) Members shall be appointed with consideration of geographic, racial, ethnic and gender diversity.

(b) Not more than four members may belong to the same political party. Party affiliation is determined by the appropriate entry on official election registration cards.

(2) Intentionally left blank —Ed.

(a) The term of office of each member is four years or until the end of a legislative member’s legislative term, whichever occurs first. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins immediately upon the expiration of the term of the current member. A member is eligible for reappointment but may serve no more than two consecutive terms.

(b) In case of a vacancy for any cause, the appointing authority shall appoint a person to fill the office for the unexpired term. When a person is appointed under this paragraph, the unexpired term may not be considered for purposes of the limitation to two consecutive terms of service.

(3) The Governor shall appoint one of the commissioners as chairperson, to serve at the pleasure of the Governor. The members of the commission shall elect from among themselves a vice chairperson who shall preside over meetings and exercise the functions of the chairperson during absence or disability of the chairperson. The chairperson and vice chairperson shall execute the duties determined by the commission to be necessary.

(4) The chairperson shall appoint one member, subject to the approval of the commission, to serve on an executive committee with the chairperson and vice chairperson. The executive committee may exercise the powers and responsibilities of the commission between meetings of the commission. All action taken by the executive committee not previously authorized must be submitted to the commission for approval at the next regular or special meeting.

(5) A majority of the voting members of the commission constitutes a quorum for the transaction of business.

(6) The commission shall meet at least once a month, at a time and place determined by the commission. The commission shall also meet at such other times and places as are specified by the call of the chairperson. If a majority of members, in writing, request a special meeting, the chairperson shall designate a time for a special meeting as requested.

(7) The Governor shall appoint an executive director for the commission who shall be in the exempt service and who shall be responsible for the performance of duties assigned by the commission. Subject to the State Personnel Relations Law, the executive director may employ appropriate staff to carry out the duties assigned by the commission.

(8) Members of the commission are entitled to expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Subject to the availability of funds, members of a committee established under ORS 137.658 (Authority of chairperson to create committees within commission) who are not commission members may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subject to ORS 292.495 (Compensation and expenses of members of state boards and commissions) (2). Any legislative members are entitled to payment of compensation and expense reimbursement under ORS 171.072 (Salary of members and presiding officers) , payable from funds appropriated to the Legislative Assembly.

(9) The commission is subject to the provisions of ORS 291.201 (“Tax expenditure” defined for ORS 291.201 to 291.222) to 291.222 (Furnishing information and assistance to Governor-elect) and 291.232 (Declaration of policy) to 291.260 (Approving, modifying or disapproving requests and budgets to be submitted to the federal government) .

(10) The commission shall consult with and seek advice and counsel of the Chief Justice of the Supreme Court and the State Court Administrator on any matter that impacts the operation of the courts. The Chief Justice may have a representative participate in any meeting of the commission. [1995 c.420 §1; 1999 c.172 §1; 2001 c.919 §4; 2019 c.598 §2]

Note: See note under 137.651 (Definitions for ORS 137.654, 137.656 and 137.658) .

Source: Section 137.654 — Oregon Criminal Justice Commission; membership; terms; meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.757 — OR Code / Title 14 / Chapter 135 / Section 135.757
135.757 Nolle prosequi
Status: in_force

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 (Dismissal on motion of court or district attorney) . [Formerly 134.160]

Source: Section 135.757 — Nolle prosequi; discontinuance by district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.925 — OR Code / Title 14 / Chapter 131 / Section 131.925
131.925 Complaints alleging profiling
Status: in_force

(1) Intentionally left blank —Ed.

(a) 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.

(b) The law enforcement agency shall submit to the committee a profiling complaint report form summarizing each profiling complaint and the disposition of the complaint, and a copy of each profiling complaint, once each year no later than January 31.

(c) The law enforcement agency shall submit the form described in paragraph (b) of this subsection even if the agency has not received any profiling complaints.

(d) The profiling complaint report form and copies of profiling complaints submitted to the committee may not include personal information concerning the complainant or a law enforcement officer except as to any personal information recorded on the form as described in subsection (4)(c) of this section.

(2) Intentionally left blank —Ed.

(a) A person may submit to the committee a complaint alleging profiling and the committee shall receive the complaints.

(b) The committee also shall receive complaints alleging profiling that are forwarded from a law enforcement agency.

(c) The committee shall forward a copy of each profiling complaint the committee receives to the law enforcement agency employing the officer that is the subject of the complaint. The forwarded complaint must include the name of the complainant unless the complainant requests to remain anonymous, in which case the complainant’s name must be redacted.

(3) Intentionally left blank —Ed.

(a) The committee may not release any personal information concerning a complainant or a law enforcement officer who is the subject of a profiling complaint.

(b) The personal information of complainants and of law enforcement officers who are the subject of profiling complaints are exempt from public disclosure under ORS 192.355 (Public records exempt from disclosure) .

(4) The Department of State Police shall develop a standardized profiling complaint report form. The form must provide for recording the following information:

(a) A summary of total complaints and a certification that a law enforcement agency’s profiling policy conforms to ORS 131.920 (Policies and procedures prohibiting profiling) ;

(b) A summary of each complaint received by the law enforcement agency, including the date, time and location of the incident and the disposition of the complaint; and

(c) To the extent known, the complainant’s gender, gender identity, age, race, ethnicity, sexual orientation, primary language, national origin, religion, political affiliation, homeless status and disability status, recorded in a manner that does not identify the complainant.

(5) As used in this section, “personal information” has the meaning given that term in ORS 807.750 (Restrictions on swiping driver licenses or identification cards) . [2015 c.681 §3; 2017 c.706 §5]

Source: Section 131.925 — Complaints alleging profiling; complaint form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.464 — OR Code / Title 14 / Chapter 137 / Section 137.464
137.464 Administrative assessment of defendant’s mental capacity
Status: in_force

(1) Intentionally left blank —Ed.

(a) At the death warrant hearing under ORS 137.463 (Death warrant hearing) , the court shall order that the Oregon Health Authority or its designee perform an assessment of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options if:

(A) The defendant indicates the wish to waive the right to counsel; and

(B) The court has substantial reason to believe that, due to mental incapacity, the defendant cannot engage in reasoned choices of legal strategies and options.

(b) The court also shall order an assessment described in paragraph (a) of this subsection upon motion by the state.

(2) If the requirements of subsection (1) of this section are met, the court may order the defendant to be committed to a state mental hospital designated by the authority for a period not exceeding 30 days for the purpose of assessing the defendant’s mental capacity. The report of any competency assessment performed under this section must include, but need not be limited to, the following:

(a) A description of the nature of the assessment;

(b) A statement of the mental condition of the defendant; and

(c) A statement regarding the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.

(3) If the competency assessment cannot be conducted because the defendant is unwilling to participate, the report must so state and must include, if possible, an opinion as to whether the unwillingness of the defendant is the result of a mental condition affecting the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.

(4) The authority shall file three copies of the report of the competency assessment with the clerk of the court, who shall cause copies to be delivered to the district attorney and to counsel for the defendant. [1999 c.1055 §3; 2009 c.595 §96]

Note: 137.464 (Administrative assessment of defendant’s mental capacity) , 137.466 (Judicial determination of defendant’s mental capacity) , 137.476 (Assistance by licensed health care professional or nonlicensed medically trained person) , 137.478 (Return of death warrant after execution of sentence of death) and 137.482 (Service of documents on defendant) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.464 — Administrative assessment of defendant’s mental capacity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.070 — OR Code / Title 14 / Chapter 135 / Section 135.070
135.070 Informing defendant as to charge, right to counsel, use of statement and preliminary hearing
Status: in_force

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:

(1) Of the defendant’s right to the aid of counsel, that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant.

(2) That the defendant is entitled to a preliminary hearing and of the nature of a preliminary hearing. If a preliminary hearing is requested, it shall be held as soon as practicable but in any event within five judicial days if the defendant is in custody or within 30 days if the defendant is not in custody. The time may be extended for good cause shown.

(3) That if the defendant is on parole, evidence received and the order of the court at the preliminary hearing may be used by the State Board of Parole and Post-Prison Supervision to establish that probable cause exists to believe that a violation of a condition of parole has occurred; and further, that should the defendant waive the defendant’s right to a preliminary hearing, such waiver shall also constitute a waiver of a hearing by the board to determine whether there is probable cause to believe that a violation of one or more of the conditions of parole has occurred. [Formerly 133.610; 1981 c.644 §2; 1997 c.823 §1; 2013 c.74 §1]

Source: Section 135.070 — Informing defendant as to charge, right to counsel, use of statement and preliminary hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.580 — OR Code / Title 14 / Chapter 137 / Section 137.580
137.580 Effect of transfer of probationer from one agency to another
Status: in_force

Whenever the transfer mentioned in ORS 137.570 (Authority to transfer probationer from one agency to another) is made, the court making it shall send to the probation agency to whose supervision the probationer is transferred a copy of all the records of the court as to the offense, criminal record and social history of the probationer. The probation agency shall report concerning the conduct and progress of the probationer to the court that sentenced the probationer to probation. Parole and probation officers or agencies shall have, with respect to persons transferred to their supervision from any other jurisdiction, all the powers and be subject to all the duties now imposed by law upon them in regard to probationers received on probation from courts in their own jurisdiction. [Amended by 1973 c.836 §273; 1993 c.14 §14; 2005 c.264 §8]

Source: Section 137.580 — Effect of transfer of probationer from one agency to another , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.220 — OR Code / Title 14 / Chapter 133 / Section 133.220
133.220 Who may make arrest
Status: in_force

An arrest may be effected by:

(1) A peace officer under a warrant;

(2) A peace officer without a warrant;

(3) A parole and probation officer under a warrant as provided in ORS 133.239 (Arrest by parole and probation officer) ;

(4) A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision;

(5) A private person; or

(6) A federal officer. [Amended by 1981 c.808 §2; 2005 c.668 §4]

Source: Section 133.220 — Who may make arrest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 132.070 — OR Code / Title 14 / Chapter 132 / Section 132.070
132.070 Charge of court
Status: in_force

When the grand jury is formed, the court shall charge it and give it such information as the court deems proper concerning the nature of its powers and duties, or charges for crime returned to the court or likely to come before the grand jury.

Source: Section 132.070 — Charge of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 144.670 — OR Code / Title 14 / Chapter 144 / Section 144.670
144.670 Filing of papers by Governor
Status: in_force

When the Governor grants a reprieve, commutation or pardon or remits a fine or forfeiture, the Governor shall within 10 days thereafter file all the papers presented to the Governor in relation thereto, including any documents provided under ORS 144.650 (Notice of intention to apply for pardon, commutation or remission) (3) or (4), in the office of the Secretary of State, by whom they shall be kept as public records, open to public inspection. [Formerly 143.060; 2019 c.369 §6]

Source: Section 144.670 — Filing of papers by Governor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.250 — OR Code / Title 14 / Chapter 136 / Section 136.250
136.250 Taking of challenges
Status: in_force

All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the state is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised. [Amended by 1973 c.836 §234; 1997 c.511 §2]

Source: Section 136.250 — Taking of challenges; number of challenges if two or more defendants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.285 — OR Code / Title 14 / Chapter 147 / Section 147.285
147.285 Creation of lien
Status: in_force

The Department of Justice has a lien upon the amount of any judgment in favor of the applicant or recipient and upon any amount payable to the applicant or recipient under a settlement or compromise for all assistance from the date of the injury that forms the basis of the assistance to the date of the satisfaction of the judgment or final payment under the settlement or compromise. [2005 c.383 §4]

Source: Section 147.285 — Creation of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.860 — OR Code / Title 14 / Chapter 131 / Section 131.860
131.860 Qualifying of special officers
Status: in_force

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 same extent as the duly elected officers could do or perform; and no greater power shall be conferred upon any special officer than is by law lodged with the regularly elected officers. [Formerly 148.160]

Source: Section 131.860 — Qualifying of special officers; powers and duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.508 — OR Code / Title 14 / Chapter 147 / Section 147.508
147.508 Reconsideration of release decision
Status: in_force

(1) At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if:

(a) The victim did not have notice of, or an opportunity to be heard at, a hearing in which the court released the defendant from custody or reduced the defendant’s security amount; and

(b) The victim’s request is made no later than 30 days after the victim knew or reasonably should have known of the release decision that is to be reconsidered.

(2) As used in this section, “release decision” includes:

(a) Decisions made at arraignment; and

(b) Decisions made at hearings described in ORS 419C.273 (Right of victim to be present at proceedings) (1)(b)(A) to (C). [2009 c.178 §4; 2011 c.659 §2; 2023 c.182 §11]

Note: See note under 147.500 (Definitions) .

Source: Section 147.508 — Reconsideration of release decision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.605 — OR Code / Title 14 / Chapter 144 / Section 144.605
144.605 Fee for application to transfer supervision
Status: in_force

A person on probation, parole or post-prison supervision who applies to transfer supervision under the Interstate Compact for Adult Offender Supervision described in ORS 144.600 (Interstate Compact for Adult Offender Supervision) must pay an application fee in an amount determined by rule of the Department of Corrections. The fee shall be collected by the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined) and forwarded to the Governor’s office for deposit in the Arrest and Return Account described in ORS 133.865 (Arrest and Return Account) . [2009 c.742 §1]

Note: 144.605 (Fee for application to transfer supervision) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

OUT-OF-STATE SUPERVISION

Source: Section 144.605 — Fee for application to transfer supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 151.235 — OR Code / Title 14 / Chapter 151 / Section 151.235
151.235 Public defense population forecasts
Status: repealed

(1) The Oregon Department of Administrative Services shall issue state public defense population forecasts including, but not limited to, expected populations of adults and juveniles eligible for appointed counsel, to be used by:

(a) The Oregon Public Defense Commission, in preparing budget requests or for any other purpose determined necessary by the commission; or

(b) Any other state agency concerned with the effect of public defense populations or policy developments on budgeting.

(2) The department shall issue state public defense population forecasts on April 15 and October 15 of each year.

(3) When the department issues a state public defense population forecast, the forecast must:

(a) Discretely identify adult and juvenile populations that are eligible for appointed counsel categorized by either circuit or appellate court;

(b) Identify the forecast’s margin of error for adult and juvenile populations; and

(c) Attribute growth or decline in the forecast, relative to previously issued forecasts, to specific policies or to specific components of the baseline underlying the forecast.

(4) The Oregon Public Defense Commission, the Oregon Criminal Justice Commission, the Judicial Department and, if requested by the Oregon Department of Administrative Services, any other state agency, shall provide the Oregon Department of Administrative Services with any information necessary for the department to prepare the forecasts described in this section.

(5) As used in this section, “baseline underlying the forecast” includes population demographics and crime trends. [2023 c.281 §7a]

Note: 151.235 (Public defense population forecasts) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 96 and 97, chapter 281, Oregon Laws 2023, provide:

Sec. 96. (1)(a) The Oregon Public Defense Commission shall conduct a survey and economic analysis to establish a formula for the commission to use to calculate an hourly pay rate, taking into account overhead expenses, market rates and regional differences in the cost of living, for appointed counsel who are not employees of the commission or a nonprofit public defense organization.

(b) The commission may conduct the survey and economic analysis internally or may contract with an outside entity. The survey and economic analysis must be completed and the hourly pay rate calculated no later than July 1, 2025.

(c) After the hourly pay rate described in paragraph (a) of this subsection has been calculated, and beginning with contracts entered into on or after July 1, 2027, the hourly pay for appointed counsel who are not employees of the commission or a nonprofit public defense organization may not be lower than that amount.

(d) The commission may conduct another survey and economic analysis as described in this subsection to establish a new formula and calculate a new hourly pay rate.

(2) Intentionally left blank —Ed.

(a) By January 1, 2031, at least 20 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission.

(b) By January 1, 2035, at least 30 percent of all appointed counsel at the trial level must be attorneys employed by the Oregon Public Defense Commission. [2023 c.281 §96]

Sec. 97. Section 96 of this 2023 Act is repealed on January 2, 2035. [2023 c.281 §97]

Note: Sections 98 and 99, chapter 281, Oregon Laws 2023, provide:

Sec. 98. (1) No later than May 15, 2024, the Oregon Public Defense Commission shall provide a comprehensive report on the commission’s plan for providing public defense services in this state to the interim committees of the Legislative Assembly related to the judiciary, in the manner described in ORS 192.245 (Form of report to legislature) , that includes at least the following information:

(a) Financial projections for the commission based on anticipated workload;

(b) A description of the commission’s proposed method for providing public defense services based on anticipated workload;

(c) The establishment of training and supervision requirements for public defense providers;

(d) Steps taken to determine a reasonable hourly rate for appointed counsel who are not employees of the commission or nonprofit public defense organizations that accounts for overhead expenses; and

(e) Steps taken to improve oversight and enforcement of statewide objective standards for the provision of public defense.

(2) No later than December 1, 2025, and no later than December 1, 2026, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section.

(3) Beginning no later than December 1, 2027, and biennially thereafter until December 1, 2035, the commission shall provide the interim committees of the Legislative Assembly related to the judiciary with an updated version of the report described in subsection (1) of this section. [2023 c.281 §98]

Sec. 99. Section 98 of this 2023 Act is repealed on January 2, 2036. [2023 c.281 §99]

Source: Section 151.235 — Public defense population forecasts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 131.892 — OR Code / Title 14 / Chapter 131 / Section 131.892
131.892 Offer of reward for information on commission of criminal offense
Status: in_force

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. [1993 c.543 §2; 1995 c.461 §1; 1999 c.217 §3]

Source: Section 131.892 — Offer of reward for information on commission of criminal offense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 153.640 — OR Code / Title 14 / Chapter 153 / Section 153.640
153.640 Disposition of fines for traffic offenses
Status: in_force

(1) If a circuit court enters a judgment of conviction for a traffic offense, the full amount of the fine imposed under the judgment is payable to the state if the conviction resulted from a prosecution arising out of an arrest or complaint made by an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined in ORS 174.111 (“State government” defined) .

(2) Intentionally left blank —Ed.

(a) If a circuit court enters a judgment of conviction for a traffic offense and the conviction resulted from a prosecution arising out of an arrest or complaint made by a sheriff, deputy sheriff, city police officer or any other enforcement officer employed by a local government, as defined in ORS 174.116 (“Local government” and “local service district” defined) :

(A) The amount prescribed by ORS 153.633 (Distribution to state) (1) is payable to the state and must be deposited in the Criminal Fine Account;

(B) Subject to paragraph (b) of this subsection, one-half of the amount remaining after any payment required by subparagraph (A) of this paragraph is payable to the local government that employs the enforcement officer; and

(C) Subject to paragraph (b) of this subsection, one-half of the amount remaining after any payment required by subparagraph (A) of this paragraph is payable to the state.

(b) If the full amount of the fine imposed by a circuit court is collected and a surcharge imposed under ORS 1.188 (Surcharge on fines for courthouse) is part of the presumptive fine as provided in ORS 153.019 (Presumptive fines) or 153.020 (Presumptive fines) , the last $5 of the amount collected shall be paid to the county for deposit in the county’s courthouse surcharge account established under ORS 1.189 (Courthouse surcharge accounts) . If the full amount of the fine imposed is not collected, the $5 payment required by this paragraph shall be reduced by one dollar for every dollar of the fine that is not collected. [2011 c.597 §47; 2016 c.78 §5]

Source: Section 153.640 — Disposition of fines for traffic offenses; circuit court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 144.791 — OR Code / Title 14 / Chapter 144 / Section 144.791
144.791 Presentence report in felony conviction cases
Status: in_force

(1) When a person is convicted of a felony, including a felony sexual offense, the sentencing court may order a presentence report upon its own motion or upon the request of the district attorney or the defendant.

(2) The sentencing court shall order a presentence report if the defendant is convicted of a felony sexual offense unless:

(a) The defendant, as part of the same prosecution, is convicted of aggravated murder;

(b) The felony sexual offense requires the imposition of a mandatory minimum prison sentence and no departure is sought by the court, district attorney or defendant; or

(c) The felony sexual offense requires imposition of a presumptive prison sentence and no departure is sought by the court, district attorney or defendant.

(3) The Department of Corrections shall:

(a) Require that a presentence report provide an analysis of what disposition is most likely to reduce the offender’s criminal conduct, explain why that disposition would have that effect and provide an assessment of the availability to the offender of any relevant programs or treatment in or out of custody, whether provided by the department or another entity;

(b) Determine what additional information must be included in the presentence report; and

(c) Establish a uniform presentence report form. [1995 c.520 §4 (enacted in lieu of 144.790); 2005 c.473 §1]

Source: Section 144.791 — Presentence report in felony conviction cases; when required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131a.005 — OR Code / Title 14 / Chapter 131a / Section 131a.005
131A.005 Definitions
Status: in_force

As used in this chapter:

(1) “All persons known to have an interest” means:

(a) Any person who filed a notice of interest for seized property with any public office, in the manner required or permitted by law, before the property was seized for forfeiture;

(b) Any person from whose custody property is seized for forfeiture; and

(c) Any person who has an interest in property seized for forfeiture, including all owners and occupants of the property, whose identity and address is known or is ascertainable upon diligent inquiry and whose rights and interest in the property may be affected by the action.

(2) “Attorney fees” has the meaning given that term in ORCP 68 A.

(3) “Financial institution” means any person lawfully conducting business as:

(a) A financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) ;

(b) A consumer finance company subject to the provisions of ORS chapter 725;

(c) A mortgage banker or a mortgage broker as those terms are defined in ORS 86A.100 (Definitions) , a mortgage servicing company or other mortgage company;

(d) An officer, agency, department or instrumentality of the federal government, including but not limited to:

(A) The Secretary of Housing and Urban Development;

(B) The Federal Housing Administration;

(C) The United States Department of Veterans Affairs;

(D) Rural Development and the Farm Service Agency of the United States Department of Agriculture;

(E) The Federal National Mortgage Association;

(F) The Government National Mortgage Administration;

(G) The Federal Home Loan Mortgage Corporation;

(H) The Federal Agricultural Mortgage Corporation; and

(I) The Small Business Administration;

(e) An agency, department or instrumentality of the state, including but not limited to:

(A) The Housing and Community Services Department;

(B) The Department of Veterans’ Affairs; and

(C) The Public Employees Retirement System;

(f) An agency, department or instrumentality of any local government, as defined by ORS 174.116 (“Local government” and “local service district” defined) , or special government body, as defined by ORS 174.117 (“Special government body” defined) , including but not limited to such agencies as the Portland Development Commission;

(g) An insurer as defined in ORS 731.106 (“Insurer.”) ;

(h) A private mortgage insurance company;

(i) A pension plan or fund or other retirement plan; and

(j) A broker-dealer or investment adviser as defined in ORS 59.015 (Definitions for Oregon Securities Law) .

(4) “Forfeiting agency” means a public body that is seeking forfeiture of property under this chapter.

(5) “Forfeiture counsel” means an attorney designated by a forfeiting agency to represent the forfeiting agency in forfeiture proceedings.

(6) “Forfeiture proceeds” means all property that has been forfeited in a proceeding under this chapter, including money, earnings from forfeited property and amounts realized from the sale of forfeited property.

(7) “Instrumentality” has the meaning given in ORS 131.550 (Definitions for ORS 131.550 to 131.600) .

(8) “Law enforcement agency” means any agency that employs police officers or prosecutes criminal cases.

(9) “Motor vehicle with a hidden compartment” means a motor vehicle as defined in ORS 801.360 (“Motor vehicle.”) that has had the vehicle’s original design modified by a person other than the manufacturer to create a container, space or enclosure for the purpose of concealing, hiding or otherwise preventing discovery of its contents and that is used or intended to be used to facilitate the commission of a criminal offense.

(10) “Police officer” has the meaning given that term in ORS 133.525 (Definitions for ORS 133.525 to 133.703) .

(11) “Proceeds of prohibited conduct” means property derived directly or indirectly from prohibited conduct, or maintained by or realized through prohibited conduct. “Proceeds of prohibited conduct” includes any benefit, interest or property of any kind, without reduction for expenses of acquiring or maintaining the property.

(12) “Prohibited conduct” means:

(a) Violation of, solicitation to violate, attempt to violate or conspiracy to violate a provision of ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.744 (Providing hypodermic device or pipe to minor prohibited) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) when the conduct constitutes the commission of a crime as described in ORS 161.515 (“Crime” described) ;

(b) Violation of, solicitation to violate, attempt to violate or conspiracy to violate ORS 475C.337 (Unlawful possession by person 21 years of age or older) , 475C.341 (Unlawful possession by person under 21 years of age) , 475C.345 (Unlawful delivery of marijuana item) or 475C.349 (Unlawful manufacture of marijuana item) when the conduct constitutes the commission of a crime as described in ORS 161.515 (“Crime” described) ;

(c) Violation of, solicitation to violate, attempt to violate or conspiracy to violate ORS 475C.229 (Prohibition against importing or exporting marijuana items) ;

(d) Violation of, solicitation to violate, attempt to violate or conspiracy to violate a provision of ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) , 163.266 (Trafficking in persons) or 167.017 (Compelling prostitution) ; and

(e) Other conduct that constitutes the commission of a crime as described in ORS 161.515 (“Crime” described) , that provides for civil forfeiture of proceeds or instrumentalities of the conduct and that is made subject to the provisions of this chapter under ORS 131A.010 (Legislative findings) (4) or other law.

(13) “Property” means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due.

(14) “Public body” has the meaning given in ORS 174.109 (“Public body” defined) .

(15) “Seizing agency” means a law enforcement agency that has seized property for forfeiture.

(16) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, in destroying, defeating or injuring a person. [2009 c.78 §1; 2009 c.874 §8; 2011 c.335 §1; 2017 c.21 §39]

Source: Section 131A.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 131.535 — OR Code / Title 14 / Chapter 131 / Section 131.535
131.535 Proceedings not constituting acquittal
Status: in_force

The following proceedings will not constitute an acquittal of the same offense:

(1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or

(2) If the accusatory instrument was:

(a) Dismissed upon a demurrer to its form or substance;

(b) Dismissed upon any pretrial motion; or

(c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43]

Source: Section 131.535 — Proceedings not constituting acquittal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.750 — OR Code / Title 14 / Chapter 135 / Section 135.750
135.750 Where there is reason for delay
Status: in_force

If the defendant is not proceeded against as provided in ORS 135.745 (Delay in finding an indictment or filing an information) , 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 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) , for the appearance of the defendant to answer the charge or action. [Formerly 134.130; 2013 c.431 §2]

Source: Section 135.750 — Where there is reason for delay , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.286 — OR Code / Title 14 / Chapter 137 / Section 137.286
137.286 Minimum fines for misdemeanors and felonies
Status: in_force

(1) Unless a specific minimum fine is provided by law, the minimum fine for a misdemeanor is $100.

(2) Unless a specific minimum fine is provided by law, the minimum fine for a felony is $200.

(3) A court may waive payment of the minimum fine established by this section, in whole or in part, if the court finds that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

(a) The financial resources of the defendant and the burden that payment of the minimum fine will impose, with due regard to the other obligations of the defendant; and

(b) The extent to which that burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

(4) This section does not affect the manner in which a court imposes or reduces monetary obligations other than fines.

(5) During any period of supervision that is part of the defendant’s sentence, the court retains jurisdiction under this subsection for the limited purpose of waiving any unpaid portion of a fine previously imposed if the defendant is able to establish a financial hardship that prevents the defendant from completing an alcohol or drug treatment program that was required as a condition of supervision. Any moneys received in payment of the fine prior to the waiver may not be returned to the defendant. [2011 c.597 §10; 2015 c.186 §1]

Note: Section 1 (2), chapter 89, Oregon Laws 2012, provides:

Sec. 1. (2) The repeal of ORS 137.290 by section 118, chapter 597, Oregon Laws 2011, applies to an offense only if the offense was committed on or after January 1, 2012, or, if the offense was committed before January 1, 2012, if the offense arises from the actions of a person who was under 18 years of age at the time of the offense and who was not waived to circuit court for prosecution as an adult under ORS 419C.340 (Authority to waive youth to adult court) . Except as provided in this section, any offense committed before January 1, 2012, shall continue to be governed by ORS 137.290 as in effect immediately before January 1, 2012, and all amounts collected as a unitary assessment for offenses committed before January 1, 2012, shall be deposited in the Criminal Fine Account. [2012 c.89 §1(2); 2021 c.597 §36a(2)]

Source: Section 137.286 — Minimum fines for misdemeanors and felonies; retention of jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.522 — OR Code / Title 14 / Chapter 147 / Section 147.522
147.522 Issue that will have impact on trial
Status: in_force

(1) A victim or prosecuting attorney who seeks a determination of an issue involving a right granted by section 42 or 43, Article I of the Oregon Constitution, that will impact the conduct of the trial shall file a motion within 35 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the determination becomes known to the movant at a later time and could not reasonably have been discovered earlier, in which case the motion must be filed promptly.

(2) A defendant who seeks to challenge the designation of a person as a victim shall:

(a) File a response to a claim under ORS 147.517 (Notice) (4); or

(b) File a motion within seven days after the date the victim first exercises a right granted by section 42 or 43, Article I of the Oregon Constitution, unless the court finds good cause to allow the motion at a later time.

(3) A defendant who seeks to object to a victim’s presence at trial shall file a motion within 35 days of arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the objection could not reasonably be discovered earlier, in which case the motion must be filed promptly.

(4) The court shall conduct a hearing on a motion filed under this section and rule on the motion as soon as practicable. The court may not grant relief under subsection (2) or (3) of this section unless the designation of a person as a victim or the victim’s presence at trial violates the Oregon Constitution or the United States Constitution. [2009 c.178 §9]

Note: See note under 147.500 (Definitions) .

Source: Section 147.522 — Issue that will have impact on trial; challenge to designation as victim or victim’s presence at trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.915 — OR Code / Title 14 / Chapter 131 / Section 131.915
131.915 Definitions
Status: in_force

As used in ORS 131.915 (Definitions) to 131.925 (Complaints alleging profiling) :

(1) “Gender identity” has the meaning given that term in ORS 174.100 (Definitions) .

(2) “Law enforcement agency” means:

(a) The Department of State Police;

(b) The Department of Justice;

(c) A district attorney’s office; and

(d) Any of the following that maintains a law enforcement unit as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) :

(A) A political subdivision or an instrumentality of the State of Oregon.

(B) A municipal corporation of the State of Oregon.

(C) A tribal government.

(D) A university.

(3) “Law enforcement officer” means:

(a) A member of the Oregon State Police;

(b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) ;

(c) An investigator of a district attorney’s office if the investigator is or has been certified as a law enforcement officer in this or any other state;

(d) An investigator of the Criminal Justice Division of the Department of Justice;

(e) A humane special agent as defined in ORS 181A.345 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency) ;

(f) A judicial marshal of the Marshal’s Office of the Judicial Department who is appointed under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) and trained pursuant to ORS 181A.540 (Certification of judicial marshals) ;

(g) A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2); or

(h) An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) .

(4) “Profiling” means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.

(5) “Sexual orientation” has the meaning given that term in ORS 174.100 (Definitions) . [2015 c.681 §1; 2017 c.17 §7; 2017 c.706 §6; 2021 c.173 §3; 2021 c.367 §8]

Source: Section 131.915 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 138.257 — OR Code / Title 14 / Chapter 138 / Section 138.257
138.257 Determination on appeal
Status: in_force

(1) Except as otherwise provided in this section, the appellate court may affirm, reverse, vacate or modify the judgment or order, or any part thereof, from which the appeal was taken.

(2) Subject to Article VII (Amended), section 3, Oregon Constitution, the appellate court shall not reverse, modify or vacate a trial court judgment or order if there is little likelihood that any error affected the outcome.

(3) Except as provided in subsection (4) of this section, if the court reverses, vacates or modifies a judgment or order, or any part thereof, the court may do so with or without remanding the case and with or without instructions.

(4) Intentionally left blank —Ed.

(a) The appellate court shall remand the case to the trial court:

(A) If the appellate court, in a case involving multiple convictions, reverses at least one conviction and affirms at least one other conviction.

(B) If the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing.

(b) In a case remanded under this section, the trial court, after issuance of the appellate judgment, may impose a new sentence for any conviction.

(5) If the appellate court reverses a conviction without remanding, upon issuance of the appellate judgment, the trial court shall follow the procedures described in ORS 135.680 (Procedure if resubmission of case not allowed) concerning the defendant’s release. [2017 c.529 §15]

Source: Section 138.257 — Determination on appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 146.710 — OR Code / Title 14 / Chapter 146 / Section 146.710
146.710 Definition for ORS 146.710 to 146.780
Status: in_force

As used in ORS 146.710 (Definition for ORS 146.710 to 146.780) to 146.780 (Confidentiality of records and reports) , “injury” means:

(1) A physical injury caused by a knife, gun, pistol or other dangerous or deadly weapon; or

(2) A serious physical injury. [1963 c.621 §1; 1965 c.472 §1; 1967 c.545 §1; 1971 c.451 §9; 2007 c.294 §1]

Source: Section 146.710 — Definition for ORS 146.710 to 146.780 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 136.633 — OR Code / Title 14 / Chapter 136 / Section 136.633
136.633 Immunity of witness from arrest or service of process
Status: in_force

(1) If a person comes into this state in obedience to a summons directing the person to attend and testify in this state the person shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons.

(2) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons. [Formerly 139.240]

Source: Section 136.633 — Immunity of witness from arrest or service of process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.015 — OR Code / Title 14 / Chapter 138 / Section 138.015
138.015 Statutes applicable to appeals
Status: in_force

The provisions of ORS 19.250 (Contents of notice of appeal) , 19.260 (Filing by mail or delivery) , 19.270 (Appellate jurisdiction of Supreme Court and Court of Appeals) , 19.365 (Preparation and transmission of record generally) , 19.370 (Certification and service of transcript) , 19.380 (Agreed narrative statement) , 19.385 (Audio records) , 19.390 (Bill of exceptions not required) , 19.395 (Time extensions for preparation of record) , 19.435 (Memorandum decisions) , 19.450 (Appellate judgment) and 19.510 (Powers of successor trial judge with respect to appeals) and, if the defendant is the appellant, the provisions of ORS 19.420 (Action by appellate court on appeal) (3) shall apply to appeals to the Supreme Court and the Court of Appeals. [Formerly 138.185]

Source: Section 138.015 — Statutes applicable to appeals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 132.060 — OR Code / Title 14 / Chapter 132 / Section 132.060
132.060 Oath or affirmation of jurors
Status: in_force

(1) Before the members of the grand jury enter upon the discharge of their duties, the following oath must be administered to them by or under the direction of the court:

You, as grand jurors for the County of ______, do solemnly swear that you will diligently inquire into, and true presentment or indictment make of, all crimes against this state committed or triable within this county that shall come to your knowledge; that you will keep secret the proceedings before you, the counsel of the state, your own counsel and that of your fellows; that you will indict no person through envy, hatred or malice nor leave any person not indicted through fear, favor, affection or hope of reward; but that you will indict upon the evidence before you according to the truth and the laws of this state, so help you God.

(2) In administering this oath, the blank therein must be filled with the name of the county in which the court is sitting; and if any juror prefers, the juror must be allowed to affirm thereto, in which case, instead of the final phrase thereof there must be added, “and this you promise under the pains and penalties of perjury.” [Amended by 1973 c.836 §38]

Source: Section 132.060 — Oath or affirmation of jurors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 138.622 — OR Code / Title 14 / Chapter 138 / Section 138.622
138.622 Appearance by communication device
Status: in_force

For the purpose of a court appearance under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , the court may approve the appearance of the parties, counsel for the parties or witnesses by telephone or other communication device approved by the court. However, the court may not approve the appearance of the petitioner or counsel for the petitioner by telephone or other communication device unless the facilities used enable the petitioner to consult privately with the petitioner’s counsel during the proceedings. [2003 c.261 §3]

Source: Section 138.622 — Appearance by communication device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 132.340 — OR Code / Title 14 / Chapter 132 / Section 132.340
132.340 Duties of district attorney for jury
Status: in_force

The district attorney, when required by the grand jury, must prepare indictments or presentments for it and attend its sittings to advise it in relation to its duties or to examine witnesses in its presence.

Source: Section 132.340 — Duties of district attorney for jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 135.073 — OR Code / Title 14 / Chapter 135 / Section 135.073
135.073 Statement by defendant when not advised of rights
Status: in_force

Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 (Informing defendant as to charge, right to counsel, use of statement and preliminary hearing) shall not be admissible before the grand jury. [1973 c.836 §61]

Source: Section 135.073 — Statement by defendant when not advised of rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.435 — OR Code / Title 14 / Chapter 136 / Section 136.435
136.435 Admissibility of evidence from felony defendant not informed as required under ORS 135.070
Status: in_force

Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 (Informing defendant as to charge, right to counsel, use of statement and preliminary hearing) shall not be admissible, over the objection of the defendant, in any court. [Formerly 136.545]

Source: Section 136.435 — Admissibility of evidence from felony defendant not informed as required under ORS 135.070 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 136.608 — OR Code / Title 14 / Chapter 136 / Section 136.608
136.608 Application procedure
Status: in_force

(1) The district attorney or the defendant may apply to the court for a material witness order when:

(a) An indictment has been filed, and is pending, against the defendant in a circuit court;

(b) A grand jury proceeding has been commenced against the defendant; or

(c) A complainant’s information or a district attorney’s information alleging that the defendant has committed a felony has been filed, and is pending, in a court of competent jurisdiction.

(2) The application must be in writing and sworn to by the applicant. The request must state facts establishing a reasonable belief that the person the applicant desires to call as a witness:

(a) Possesses information material to the determination of the action against the defendant; and

(b) Will not appear at the time when attendance of the witness is required.

(3) The applicant shall file the application:

(a) If an indictment has been filed, a grand jury proceeding has been commenced or the defendant has been held to answer by any court to await the action of a grand jury, in the circuit court in which the indictment is pending or by which the grand jury has been impaneled; or

(b) If information alleging the commission of a felony is pending in a court authorized to hold a preliminary hearing, in that court or in the circuit court that would have jurisdiction of the case upon holding the defendant to answer to await the action of the grand jury.

(4) As used in this section and ORS 136.612 (Hearing) and 136.614 (Witness held in detention facility) , “material witness order” means an order finding a person to be a material witness in a pending criminal action and fixing a security amount to be posted to secure future attendance of the witness. [1995 c.657 §14]

Note: 136.608 (Application procedure) to 136.614 (Witness held in detention facility) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 136.608 — Application procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.525 — OR Code / Title 14 / Chapter 144 / Section 144.525
144.525 Custody of enrollee earnings deducted or otherwise retained by department
Status: in_force

The Director of the Department of Corrections shall deposit in the State Prison Work Programs Account, as they are received, moneys surrendered to the Department of Corrections under ORS 144.470 (Disposition of enrollee’s compensation under program) . Disbursements from the account for purposes authorized by ORS 144.470 (Disposition of enrollee’s compensation under program) may be made by the director, subject to approval by the Prison Industries Board, by checks or orders drawn upon the account. The director is accountable for the proper handling of the account. [1965 c.463 §21; 1987 c.320 §77; 1995 c.384 §10]

Source: Section 144.525 — Custody of enrollee earnings deducted or otherwise retained by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.726 — OR Code / Title 14 / Chapter 133 / Section 133.726
133.726 Interception of oral communication without order
Status: in_force

(1) Notwithstanding ORS 133.724 (Order for interception of communications) , under the circumstances described in this section, a law enforcement officer is authorized to intercept an oral communication to which the officer or a person under the direct supervision of the officer is a party, without obtaining an order for the interception of a wire, electronic or oral communication under ORS 133.724 (Order for interception of communications) .

(2) For purposes of this section and ORS 133.736 (Suppression of intercepted oral communication) , a person is a party to an oral communication if the oral communication is made in the person’s immediate presence and is audible to the person regardless of whether the communication is specifically directed to the person.

(3) An ex parte order for intercepting an oral communication in any county of this state under this section may be issued by any judge as defined in ORS 133.525 (Definitions for ORS 133.525 to 133.703) upon written application made upon oath or affirmation of the district attorney or a deputy district attorney authorized by the district attorney for the county in which the order is sought or upon the oath or affirmation of any peace officer as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) . The application shall include:

(a) The name of the applicant and the applicant’s authority to make the application;

(b) A statement demonstrating that there is probable cause to believe that a person whose oral communication is to be intercepted is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 (Prostitution) or 167.008 (Commercial sexual solicitation) , and that intercepting the oral communication will yield evidence thereof; and

(c) The identity of the person, if known, suspected of committing the crime and whose oral communication is to be intercepted.

(4) The judge may require the applicant to furnish further testimony or documentary evidence in support of the application.

(5) Upon examination of the application and evidence, the judge may enter an ex parte order, as requested or as modified, authorizing or approving the interception of an oral communication within the state if the judge determines on the basis of the facts submitted by the applicant that:

(a) There is probable cause to believe that a person is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 (Prostitution) or 167.008 (Commercial sexual solicitation) ; and

(b) There is probable cause to believe that the oral communication to be obtained will contain evidence concerning that crime.

(6) An order authorizing or approving the interception of an oral communication under this section must specify:

(a) The identity of the person, if known, whose oral communication is to be intercepted;

(b) A statement identifying the particular crime to which the oral communication is expected to relate;

(c) The agency authorized under the order to intercept the oral communication;

(d) The name and office of the applicant and the signature and title of the issuing judge;

(e) A period of time after which the order shall expire; and

(f) A statement that the order authorizes only the interception of an oral communication to which a law enforcement officer or a person under the direct supervision of a law enforcement officer is a party.

(7) An order under ORS 133.724 (Order for interception of communications) or this section is not required when a law enforcement officer intercepts an oral communication to which the officer or a person under the direct supervision of the officer is a party if the oral communication is made by a person whom the officer has probable cause to believe has committed, is engaged in committing or is about to commit:

(a) A crime punishable as a felony under ORS 475.752 (Prohibited acts generally) , 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) , 475.906 (Penalties for unlawful delivery to minors) , 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) or 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919) or as a misdemeanor under ORS 167.007 (Prostitution) or 167.008 (Commercial sexual solicitation) ; or

(b) Any other crime punishable as a felony if the circumstances at the time the oral communication is intercepted are of such exigency that it would be unreasonable to obtain a court order under ORS 133.724 (Order for interception of communications) or this section.

(8) A law enforcement officer who intercepts an oral communication pursuant to this section may not intentionally fail to record and preserve the oral communication in its entirety. A law enforcement officer, or a person under the direct supervision of the officer, who is authorized under this section to intercept an oral communication is not required to exclude from the interception an oral communication made by a person for whom probable cause does not exist if the officer or the person under the officer’s direct supervision is a party to the oral communication.

(9) A law enforcement officer may not divulge the contents of an oral communication intercepted under this section before a preliminary hearing or trial in which an oral communication is going to be introduced as evidence against a person except:

(a) To a superior officer or other official with whom the law enforcement officer is cooperating in the enforcement of the criminal laws of this state or the United States;

(b) To a magistrate;

(c) In a presentation to a federal or state grand jury; or

(d) In compliance with a court order.

(10) A law enforcement officer may intercept an oral communication under this section only when acting within the scope of the officer’s employment and as a part of assigned duties.

(11) As used in this section, “law enforcement officer” means:

(a) An officer employed to enforce criminal laws by:

(A) The United States, this state or a municipal government within this state;

(B) A political subdivision, agency, department or bureau of the governments described in subparagraph (A) of this paragraph; or

(C) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) ;

(b) An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) ; or

(c) A regulatory specialist as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473) .

(12) Violation of subsection (9) of this section is a Class A misdemeanor. [1983 c.824 §8; 1995 c.224 §2; 2001 c.385 §2; 2003 c.577 §13; 2005 c.708 §46; 2007 c.442 §§2,3; 2011 c.151 §§9,10; 2011 c.644 §§18,19,63,64,71; 2012 c.54 §§12,13; 2013 c.180 §§14,15; 2015 c.174 §7; 2015 c.614 §§143,144; 2023 c.209 §5]

Source: Section 133.726 — Interception of oral communication without order; order for interception of oral communication; application; grounds for issuance; contents of order; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.076 — OR Code / Title 14 / Chapter 153 / Section 153.076
153.076 Conduct of trial
Status: in_force

(1) Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the seven-day period.

(2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.

(3) The pretrial discovery rules in ORS 135.805 (Applicability) to 135.873 (Protective orders) apply in violation proceedings.

(4) The defendant may not be required to be a witness in the trial of any violation.

(5) Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.

(6) A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial. [1999 c.1051 §21]

Source: Section 153.076 — Conduct of trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.959 — OR Code / Title 14 / Chapter 135 / Section 135.959
135.959 Authority to contract with dispute resolution programs
Status: in_force

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 (Authorization) or 135.953 (How mediation may be used) . 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 (Rules for administration of dispute resolution programs) . [1995 c.323 §5; 2003 c.791 §§26,26a; 2005 c.817 §5]

Note: See note under 135.951 (Authorization) .

Source: Section 135.959 — Authority to contract with dispute resolution programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.740 — OR Code / Title 14 / Chapter 135 / Section 135.740
135.740 Construction of words and phrases used
Status: in_force

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. [Formerly 132.710]

Source: Section 135.740 — Construction of words and phrases used , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.525 — OR Code / Title 14 / Chapter 136 / Section 136.525
136.525 Order when evidence is insufficient
Status: in_force

If the evidence appears insufficient to charge the defendant with any offense, the defendant shall, if in custody, be discharged or, if the defendant has been released or deposited money in lieu thereof, the release agreement of the defendant is exonerated or the money of the defendant shall be refunded to the defendant; and in such case, the arrest of judgment operates as an acquittal of the charge upon which the accusatory instrument was founded. [Formerly 136.840]

Source: Section 136.525 — Order when evidence is insufficient; acquittal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 146.090 — OR Code / Title 14 / Chapter 146 / Section 146.090
146.090 Deaths requiring investigation
Status: in_force

(1) The medical examiner shall investigate and certify the cause and manner of all human deaths:

(a) Apparently homicidal, suicidal or occurring under suspicious or unknown circumstances;

(b) Resulting from the unlawful use of controlled substances or the use or abuse of chemicals or toxic agents;

(c) Occurring while incarcerated in any jail, correction facility or in police custody;

(d) Apparently accidental or following an injury;

(e) By disease, injury or toxic agent during or arising from employment;

(f) While not under the care of a physician during the period immediately previous to death;

(g) Related to disease which might constitute a threat to the public health; or

(h) In which a human body apparently has been disposed of in an offensive manner.

(2) As used in this section, “offensive manner” means a manner offensive to the generally accepted standards of the community. [1973 c.408 §12; 1979 c.744 §4; 1985 c.207 §1]

Source: Section 146.090 — Deaths requiring investigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 144.054 — OR Code / Title 14 / Chapter 144 / Section 144.054
144.054 When board decision must be reviewed by at least three board members
Status: in_force

Whenever the State Board of Parole and Post-Prison Supervision makes a decision affecting a person sentenced to life imprisonment or convicted of a crime involving the death of a victim, whether or not the prosecution directly charged the person with causing the death of the victim, the decision affecting such person must be reviewed by no fewer than three board members. [1975 c.217 §5; 2015 c.820 §41]

Source: Section 144.054 — When board decision must be reviewed by at least three board members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.545 — OR Code / Title 14 / Chapter 133 / Section 133.545
133.545 Issuance of search warrant
Status: in_force

(1) A search warrant may be issued only by a judge. A search warrant issued by a judge of the Supreme Court or the Court of Appeals may be executed anywhere in the state. Except as otherwise provided in subsections (2), (3) and (4) of this section, a search warrant issued by a judge of a circuit court may be executed only within the judicial district in which the court is located. A search warrant issued by a justice of the peace may be executed only within the county in which the justice court is located. A search warrant issued by a municipal judge authorized to exercise the powers and perform the duties of a justice of the peace may be executed only in the municipality in which the court is located.

(2) Notwithstanding subsection (1) of this section, a circuit court judge may authorize execution of a search warrant outside the judicial district in which the court is located, if the judge finds from the application that one or more of the objects of the search relate to an offense committed or triable within the judicial district in which the court is located or that the search involves both conduct that occurred in the judicial district in which the court is located and interrelated conduct that occurred in one or more other judicial districts in this state. If a judge denies a search warrant for interrelated conduct that occurred in more than one judicial district, an application for the same search warrant may not be presented to a judge in another judicial district unless the other judicial district is one in which one or more of the objects of the search relate to an offense committed or triable within the other judicial district. If the warrant authorizes the installation or tracking of a mobile tracking device, the officer may track the device in any county to which it is transported.

(3) Notwithstanding subsection (1) of this section, a circuit court judge duly assigned pursuant to ORS 1.615 (Appointment pro tempore to tax court or circuit court) to serve as a judge pro tempore in a circuit court, or a senior judge duly assigned to serve in a circuit court under ORS 1.300 (Senior judge) and who has authorization from the presiding judge of that judicial district, may authorize execution of a search warrant in any judicial district in which the judge is assigned to serve as judge pro tempore or as senior judge.

(4) Notwithstanding subsection (1) of this section, a circuit court judge may authorize execution of a search warrant outside the judicial district in which the court is located if the judge finds that:

(a) The search relates to one of the following offenses involving a victim who was 65 years of age or older at the time of the offense:

(A) Criminal mistreatment in the first degree as described in ORS 163.205 (Criminal mistreatment in the first degree) (1)(b)(D) or (E);

(B) Identity theft;

(C) Aggravated identity theft;

(D) Computer crime;

(E) Fraudulent use of a credit card;

(F) Forgery in any degree;

(G) Criminal possession of a forged instrument in any degree;

(H) Theft in any degree; or

(I) Aggravated theft in the first degree;

(b) The objects of the search consist of financial records; and

(c) The person making application for the search warrant is not able to ascertain at the time of the application the proper place of trial for the offense described in paragraph (a) of this subsection.

(5) Application for a search warrant may be made only by a district attorney, a police officer or a special agent employed under ORS 131.805 (Authority to employ special agents) .

(6) The application shall consist of a proposed warrant in conformance with ORS 133.565 (Contents of search warrant) , and shall be supported by one or more affidavits particularly setting forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession of the individuals, to be searched. If an affidavit is based in whole or in part on hearsay, the affiant shall set forth facts bearing on any unnamed informant’s reliability and shall disclose, as far as possible, the means by which the information was obtained.

(7) Instead of the written affidavit described in subsection (6) of this section, the judge may take an oral statement under oath. The oral statement shall be recorded and a copy of the recording submitted to the judge who took the oral statement. In such cases, the judge shall certify that the recording of the sworn oral statement is a true recording of the oral statement under oath and shall retain the recording as part of the record of proceedings for the issuance of the warrant. The recording shall constitute an affidavit for the purposes of this section. The applicant shall retain a copy of the recording and shall provide a copy of the recording to the district attorney if the district attorney is not the applicant.

(8) Intentionally left blank —Ed.

(a) In addition to the procedure set out in subsection (7) of this section, the proposed warrant and the affidavit may be sent to the court by facsimile transmission or any similar electronic transmission that delivers a complete printable image of the signed affidavit and proposed warrant. The affidavit may have a notarized acknowledgment, or the affiant may swear to the affidavit by telephone. If the affiant swears to the affidavit by telephone, the affidavit may be signed electronically. A judge administering an oath telephonically under this subsection must execute a declaration that recites the manner and time of the oath’s administration. The declaration must be filed with the return.

(b) When a court issues a warrant upon an application made under paragraph (a) of this subsection:

(A) The court may transmit the signed warrant to the person making application under subsection (5) of this section by means of facsimile transmission or similar electronic transmission, as described in paragraph (a) of this subsection. The court shall file the original signed warrant and a printed image of the application with the return.

(B) The person making application shall deliver the original signed affidavit to the court with the return. If the affiant swore to the affidavit by telephone, the affiant must so note next to the affiant’s signature on the affidavit. [1973 c.836 §83; 1985 c.344 §1; 1989 c.983 §3; 1995 c.658 §73; 1999 c.56 §1; 2007 c.547 §1; 2009 c.334 §1; 2013 c.155 §11; 2013 c.225 §1; 2015 c.415 §1; 2019 c.399 §7; 2023 c.216 §2; 2023 c.302 §3]

Source: Section 133.545 — Issuance of search warrant; where executable; form of application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.707 — OR Code / Title 14 / Chapter 135 / Section 135.707
135.707 Discharge as bar to prosecution
Status: in_force

A judgment entered under ORS 135.705 (Satisfaction of injured person) is a bar to another prosecution for the same crime. [Formerly 134.030; 2009 c.484 §10]

Source: Section 135.707 — Discharge as bar to prosecution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.769 — OR Code / Title 14 / Chapter 137 / Section 137.769
137.769 Defendant’s right to independent examination
Status: in_force

(1) When a defendant is examined under ORS 137.767 (Presentence investigation and examination) , the defendant may retain a psychiatrist, psychologist or other expert to perform an examination on the defendant’s behalf. A psychiatrist, psychologist or other expert retained by the defendant must be provided reasonable access to:

(a) The defendant for the purpose of the examination; and

(b) All relevant medical and psychological records and reports.

(2) If the defendant is financially eligible for appointed counsel at state expense, the defendant may request preauthorization to incur the fees and expenses of a psychiatrist, psychologist or other expert as provided in ORS 135.055 (Compensation and expenses of appointed counsel) (3). [1999 c.163 §4; 2001 c.962 §97; 2003 c.449 §6]

Note: See note under 137.765 (Sexually violent dangerous offenders) .

Source: Section 137.769 — Defendant’s right to independent examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.070 — OR Code / Title 14 / Chapter 153 / Section 153.070
153.070 When trial required
Status: in_force

The court may require that a trial be held in any violation proceeding. If the defendant requests a trial under ORS 153.061 (Appearance by defendant) , or a trial is required by the court or by law, the court shall set a date, time and place for the trial. [1999 c.1051 §19; 2001 c.19 §2; 2003 c.518 §1]

Source: Section 153.070 — When trial required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.240 — OR Code / Title 14 / Chapter 135 / Section 135.240
135.240 Releasable offenses
Status: in_force

(1) Except as provided in subsections (2) and (4) of this section, a defendant shall be released in accordance with ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) .

(2) Intentionally left blank —Ed.

(a) 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.

(b) When the defendant is charged with murder or aggravated murder and the proof is not evident nor the presumption strong that the defendant is guilty, the court shall determine the issue of release as provided in subsection (4) of this section. In determining the issue of release under subsection (4) of this section, the court may consider any evidence used in making the determination required by this subsection.

(3) The magistrate may conduct such hearing as the magistrate considers necessary to determine whether, under subsection (2) of this section, the proof is evident or the presumption strong that the person is guilty.

(4) Intentionally left blank —Ed.

(a) When the defendant is charged with a violent felony, release shall be denied if the court finds:

(A) Except when the defendant is charged by indictment, that there is probable cause to believe that the defendant committed the crime; and

(B) By clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release.

(b) If the defendant wants to have a hearing on the issue of release, the defendant must request the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing, the court must hold the hearing within five days of the request.

(c) At the release hearing, unless the state stipulates to the setting of security or release, the court shall make the inquiry set forth in paragraph (a) of this subsection. The state has the burden of producing evidence at the release hearing subject to ORS 40.015 (Rule 101. Applicability of Oregon Evidence Code) (4).

(d) The defendant may be represented by counsel and may present evidence on any relevant issue. However, the hearing may not be used for purposes of discovery.

(e) If the court determines that the defendant is eligible for release in accordance with this subsection, the court shall set security or other appropriate conditions of release.

(f) When a defendant who has been released violates a condition of release and the violation:

(A) Constitutes a new criminal offense, the court shall cause the defendant to be taken back into custody and shall order the defendant held pending trial without release.

(B) Does not constitute a new criminal offense, the court may order the defendant to be taken back into custody and may order the defendant held pending trial or may make a new release decision.

(5) For purposes of this section, “violent felony” means a felony offense in which there was an actual or threatened serious physical injury to the victim, or a felony sexual offense. [1973 c.836 §148; 1997 c.313 §19; 2001 c.104 §45; 2007 c.194 §1; 2007 c.879 §9; 2021 c.643 §4]

Source: Section 135.240 — Releasable offenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.020 — OR Code / Title 14 / Chapter 153 / Section 153.020
153.020 Presumptive fines
Status: in_force

(1) If a person is charged with a traffic violation, as defined in ORS 801.557 (“Traffic violation.”) , and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230 (Definitions) , occurred in a posted school zone and is subject to the provisions of ORS 811.235 (Fine for traffic offenses in school zones) , or occurred in a safety corridor and is subject to the provisions of ORS 811.483 (Safety corridors) or section 2, chapter 501, Oregon Laws 2019, the presumptive fine for the violation is:

(a) $875 for a Class A violation.

(b) $525 for a Class B violation.

(c) $325 for a Class C violation.

(d) $225 for a Class D violation.

(2) Any surcharge imposed under ORS 1.188 (Surcharge on fines for courthouse) shall be added to and made a part of the presumptive fine. [2011 c.597 §3; 2012 c.89 §10; 2016 c.78 §4; 2017 c.712 §2; 2019 c.501 §3]

Note: The amendments to 153.020 (Presumptive fines) by section 4, chapter 501, Oregon Laws 2019, become operative January 2, 2026. See section 5, chapter 501, Oregon Laws 2019. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.

153.020 (Presumptive fines) . (1) If a person is charged with a traffic violation, as defined in ORS 801.557 (“Traffic violation.”) , and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230 (Definitions) , occurred in a posted school zone and is subject to the provisions of ORS 811.235 (Fine for traffic offenses in school zones) , or occurred in a safety corridor and is subject to the provisions of ORS 811.483 (Safety corridors) , the presumptive fine for the violation is:

(a) $875 for a Class A violation.

(b) $525 for a Class B violation.

(c) $325 for a Class C violation.

(d) $225 for a Class D violation.

(2) Any surcharge imposed under ORS 1.188 (Surcharge on fines for courthouse) shall be added to and made a part of the presumptive fine.

Source: Section 153.020 — Presumptive fines; highway work zones, school zones and safety corridors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 133.777 — OR Code / Title 14 / Chapter 133 / Section 133.777
133.777 Execution of the warrant
Status: in_force

Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused, subject to the provisions of ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.833 (Application for requisition) and 133.839 (Immunity from civil process in certain civil cases) to 133.855 (Short title) , to the duly authorized agent of the demanding state. [Formerly 147.080]

Source: Section 133.777 — Execution of the warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.121 — OR Code / Title 14 / Chapter 153 / Section 153.121
153.121 Appeal
Status: in_force

An appeal from a judgment in a violation proceeding may be taken by either party as follows:

(1) From a proceeding in justice court or municipal court, as provided in ORS 138.057 (Appeal from judgment involving violation) for appeals of violations.

(2) From a proceeding in circuit court, as provided in ORS chapter 19, except that the standard of review is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony. [1999 c.1051 §28; 2005 c.266 §1]

Source: Section 153.121 — Appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 137.226 — OR Code / Title 14 / Chapter 137 / Section 137.226
137.226 Eligibility for order setting aside certain marijuana convictions
Status: in_force

(1) Notwithstanding ORS 137.225 (Order setting aside conviction or record of criminal charge) (1)(a), a defendant is eligible for an order setting aside a conviction for a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) is an element after one year has elapsed from the date of entry of judgment of conviction if:

(a) The defendant was under 21 years of age at the time of the conviction;

(b) The defendant has not been convicted of any other offense, excluding motor vehicle violations; and

(c) The defendant has fully complied with and performed the sentence of the court.

(2) When a person is convicted of an offense involving possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) , and when the conduct that is the basis of the conviction occurred before April 21, 2017, the convicted person may file a motion for a court order setting aside the conviction pursuant to ORS 137.225 (Order setting aside conviction or record of criminal charge) , and the court, when determining whether the person is eligible for the order, shall consider the offense to be classified under ORS 161.535 (Classification of felonies) or 161.555 (Classification of misdemeanors) as if the conduct occurred on or after April 21, 2017, or, if the offense is no longer a crime, shall consider the offense to be classified as a Class C misdemeanor. [2015 c.844 §3; subsection (2) of 2017 Edition enacted as 2017 c.21 §21; 2017 c.21 §99]

Note: The amendments to 137.226 (Eligibility for order setting aside certain marijuana convictions) by section 99, chapter 21, Oregon Laws 2017, apply to conduct occurring on and after April 21, 2017. See section 127, chapter 21, Oregon Laws 2017.

Note: 137.226 (Eligibility for order setting aside certain marijuana convictions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Alcoholic or Drug-Dependent Person)

Source: Section 137.226 — Eligibility for order setting aside certain marijuana convictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.140 — OR Code / Title 14 / Chapter 144 / Section 144.140
144.140 Rules
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision may adopt rules to carry out its responsibilities under the sentencing guidelines system.

(2) The board shall comply with the rulemaking provisions of ORS chapter 183 in the adoption, amendment or repeal of rules pursuant to ORS 144.125 (Review of parole plan, psychological reports and conduct prior to release) , 144.130 (Prisoner to have access to written materials considered at hearings or interviews) , 144.395 (Rerelease of persons whose parole has been revoked) and 144.780 (Rules on duration of imprisonment) to 144.791 (Presentence report in felony conviction cases) or this section. [1977 c.372 §17; 1989 c.790 §27b]

Source: Section 144.140 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.070 — OR Code / Title 14 / Chapter 137 / Section 137.070
137.070 Counties to which bench warrant may issue
Status: in_force

The bench warrant mentioned in ORS 137.050 (Nonattendance or nonappearance of released defendant when attendance required by court) may issue to one or more counties of the state and may be served in the same manner as any other warrant of arrest issued by a magistrate. [Amended by 1973 c.836 §258]

Source: Section 137.070 — Counties to which bench warrant may issue; service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.475 — OR Code / Title 14 / Chapter 136 / Section 136.475
136.475 Verdict as to some of several defendants
Status: in_force

Upon an accusatory instrument against several defendants, if the jury cannot agree upon a verdict as to all, it may give a verdict as to those in regard to whom it does agree, on which a judgment shall be given accordingly. The case as to the rest of the defendants may be tried by another jury. [Formerly 136.680]

Source: Section 136.475 — Verdict as to some of several defendants; retrial of others , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.145 — OR Code / Title 14 / Chapter 131 / Section 131.145
131.145 When time starts to run
Status: in_force

(1) For the purposes of ORS 131.125 (Time limitations) , time starts to run on the day after the offense is committed.

(2) Except as provided in ORS 131.155 (Tolling of statute) , the period of limitation does not run during:

(a) Any time when the accused is not an inhabitant of or usually resident within this state; or

(b) Any time when the accused hides within the state so as to prevent process being served upon the accused.

(3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 (Time limitations) after the coming of the accused into the state. [1973 c.836 §8; 1987 c.158 §19]

Source: Section 131.145 — When time starts to run; tolling of statute , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.510 — OR Code / Title 14 / Chapter 147 / Section 147.510
147.510 Critical stage of criminal proceeding
Status: in_force

(1) This section does not apply:

(a) In a juvenile delinquency proceeding; or

(b) In a criminal case in which no person has been determined to be the victim of the crime.

(2) At the beginning of each critical stage of the proceeding:

(a) The prosecuting attorney shall inform the court whether the victim is present.

(b) If the victim is not present, the prosecuting attorney shall inform the court, based on the prosecuting attorney’s knowledge, whether the victim requested advance notice of any critical stage of the proceeding and, if so, whether the victim:

(A) Was notified of the date, time and place of the proceeding;

(B) Was informed of the victim’s rights implicated in the proceeding; and

(C) Indicated an intention to attend the proceeding or requested that the prosecuting attorney assert a particular right associated with the proceeding and, if the victim made such a request, whether the prosecuting attorney agreed to do so.

(3) Subsection (2) of this section does not apply in any criminal proceeding in which the prosecuting attorney provides the court with the notice described in subsection (4) of this section.

(4) In all felony cases, no later than 21 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, the prosecuting attorney shall provide the court with a notice of compliance with victims’ rights on a form prescribed by the Chief Justice of the Supreme Court or on a substantially similar form that indicates whether:

(a) The prosecuting attorney, a person known to the prosecuting attorney or a member of the prosecuting attorney’s staff made reasonable efforts to inform the victim of the rights granted to the victim by sections 42 (1)(a) to (f) and 43, Article I of the Oregon Constitution;

(b) The charging instrument includes the name or pseudonym of each victim known to the prosecuting attorney. If the charging instrument does not include the name or pseudonym of each victim known to the prosecuting attorney, the prosecuting attorney shall identify any victim not included in the charging instrument, unless it would be impractical to do so;

(c) The victim requested that the prosecuting attorney assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution, and whether the prosecuting attorney agreed to do so; and

(d) The victim requested to be informed in advance of any critical stage of the proceeding.

(5) If the victim is present at a critical stage of the proceeding, the prosecuting attorney shall inquire of the victim whether the victim intends to assert a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution, and shall report the results of that inquiry to the court. The court may ask the victim for information about any aspect of the rights granted to the victim by sections 42 and 43, Article I of the Oregon Constitution.

(6) Intentionally left blank —Ed.

(a) Information provided to the court under subsection (2) or (4) of this section may be based on information obtained from a law enforcement agency, a member of the prosecuting attorney’s staff, the prosecuting attorney’s file or an electronic data system or other record keeping system regularly maintained by the office of the prosecuting attorney.

(b) If the prosecuting attorney discovers that information provided to the court under subsection (2) or (4) of this section is no longer accurate, the prosecuting attorney shall orally provide the court with updated information prior to or during the critical stage of the proceeding that immediately follows the discovery. [2009 c.178 §3]

Note: See note under 147.500 (Definitions) .

Source: Section 147.510 — Critical stage of criminal proceeding; notice to court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 153.992 — OR Code / Title 14 / Chapter 153 / Section 153.992
153.992 Penalty for failure to appear
Status: in_force

(1) A person commits the offense of failure to appear in a violation proceeding if the person has been served with a citation issued under this chapter for a violation other than a Class E violation and the person knowingly fails to do any of the following:

(a) Make a first appearance in the manner required by ORS 153.061 (Appearance by defendant) within the time allowed.

(b) Make appearance at the time set for trial in the violation proceeding.

(c) Appear at any other time required by the court or by law.

(2) Failure to appear on a violation citation is a Class A misdemeanor. [1999 c.1051 §29; 2021 c.591 §16]

Source: Section 153.992 — Penalty for failure to appear , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).