ORS § 147.035 — OR Code / Title 14 / Chapter 147 / Section 147.035
147.035 Compensable losses
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as otherwise provided in ORS 147.025 (Eligibility of person not victim or survivor or dependent of deceased victim) and 147.390 (Payment of expenses by department) , compensation may be awarded under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) only for losses described in this section.

(b) The maximum amount of compensation that may be awarded, in aggregate, to the victim and the survivors and dependents of a deceased victim is $47,000.

(c) When a compensable crime results in:

(A) Injury to a victim, the losses described in subsections (2), (4) and (7) of this section are compensable.

(B) Death to a victim, the losses described in subsections (3), (4), (6) and (7) of this section are compensable.

(2) When a claim for compensation is filed in a case of injury, compensation may be awarded for:

(a) The victim’s reasonable medical and hospital expenses, including counseling expenses and the cost of any medications, up to a maximum amount of $20,000;

(b) Loss of the victim’s earnings, at a maximum rate of $600 per week, up to a maximum amount of $20,000;

(c) The victim’s rehabilitation expenses, up to a maximum amount of $4,000;

(d) Reasonable cleaning expenses, up to a maximum of $2,500;

(e) The costs of obtaining forensic evidence, using an evidence collection kit, during a medical assessment related to strangulation;

(f) For a parent or legal guardian of a minor victim, lost wages due to providing care for the victim, within the terms and up to a maximum amount determined by the department by rule; and

(g) Expenses related to transportation for the victim’s medical care or counseling, at a rate determined by the Department of Justice, up to a maximum amount of $3,000, when:

(A) The medical care or counseling is compensable under this section;

(B) The medical care or counseling is provided more than 30 miles away from the victim’s residence; and

(C) Adequate medical care or counseling is not available in closer proximity to the victim’s residence.

(3) When a claim for compensation is filed in a case of death, compensation may be awarded for:

(a) Reasonable funeral expenses, up to a maximum amount of $5,000, with an additional amount awarded at the discretion of the department;

(b) Reasonable cleaning expenses, up to a maximum of $2,500;

(c) The victim’s reasonable medical and hospital expenses, up to a maximum amount of $20,000;

(d) Loss of support to the dependents of the victim, at a maximum rate of $800 per week, up to a maximum amount of $20,000, less any amounts awarded for loss of earnings under subsection (2)(b) of this section;

(e) Reasonable counseling expenses for the survivors of a deceased victim or witnesses to the crime resulting in the death of the victim, up to a maximum amount of $20,000 for each deceased victim and including the cost of any prescription medications prescribed in conjunction with the counseling; and

(f) Expenses related to transportation for a survivor’s or a dependent’s counseling, at a rate determined by the department, up to a maximum amount of $3,000, when:

(A) The counseling is compensable under this section;

(B) The counseling is provided more than 30 miles away from the survivor’s or dependent’s residence; and

(C) Adequate counseling is not available in closer proximity to the survivor’s or dependent’s residence.

(4) When a claim for compensation is filed in a case of:

(a) Abuse as defined in ORS 419B.005 (Definitions) , counseling expenses of the victim’s family, including the cost of any prescription medications prescribed in conjunction with the counseling, are compensable up to a maximum amount of $20,000, less any amounts awarded for the victim’s medical or hospital expenses under subsection (2)(a) of this section.

(b) Domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , the counseling expenses of children who witnessed the domestic violence, including the cost of any prescription medications prescribed in conjunction with the counseling, are compensable up to a maximum amount of $10,000.

(c) International terrorism, the counseling expenses of a relative of the victim, including the cost of any prescription medications prescribed in conjunction with the counseling, are compensable up to a maximum amount of $1,000.

(5) Compensation may not be awarded under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) for property damage or noneconomic damages as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict) .

(6) Notwithstanding subsections (2) to (5) of this section, when a claim for compensation is filed in a case of abuse of corpse in the first degree as defined in ORS 166.087 (Abuse of corpse in the first degree) or abuse of corpse in the second degree as defined in ORS 166.085 (Abuse of corpse in the second degree) , compensation may be awarded for one or both of the following:

(a) Reasonable funeral expenses, up to a maximum amount of $5,000, with an additional amount awarded at the discretion of the department.

(b) Reasonable counseling expenses for emotional distress, including the cost of any prescription medications prescribed in conjunction with the counseling, up to a maximum amount of $5,000 for each incident.

(7) If the case against the assailant of the victim is under direct or collateral review or the subject of any other post-conviction proceeding, or the assailant of the victim has a hearing scheduled before the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board or has applied for or is being considered for clemency or any other relief, compensation may be awarded for:

(a) The victim’s, survivor’s or dependent’s counseling expenses, including the cost of any prescription medications prescribed in conjunction with the counseling, up to a maximum amount of $10,000; and

(b) Other expenses related to the proceeding, including transportation, lodging and any other expenses determined by the department by rule that are necessary for the victim, survivor or dependent to be involved in the proceeding, up to a maximum amount determined by the department by rule.

(8) A claim for compensation expires and no further payments may be made with regard to the claim:

(a) When three years have elapsed from the entry of a determination order under ORS 147.135 (Processing compensation application) ; or

(b) If the victim, survivor or dependent attains 21 years of age after the date described in paragraph (a) of this subsection, when the victim, survivor or dependent attains 21 years of age.

(9) Notwithstanding subsection (8) of this section:

(a) In cases of homicide, a claim for reasonable counseling expenses for survivors may continue until five years have elapsed from the date of the determination order.

(b) Claims described in subsection (7) of this section may be filed at any time while an assailant’s case is involved in the post-conviction proceeding or the assailant has a hearing scheduled or is being considered for release or clemency and do not expire.

(10) Notwithstanding subsections (2) and (8) of this section, if a victim suffers catastrophic injuries:

(a) A claim for compensation and payments may continue beyond the period described in subsection (8) of this section; and

(b) The department may award compensation for losses in excess of the individual limitations described in subsection (2) of this section, provided that the aggregate award does not exceed the amount described in subsection (1)(b) of this section.

(11) The department shall adopt rules:

(a) Defining the terms and maximum amount of compensation available under subsection (2)(f) of this section.

(b) Defining the types of compensable expenses and maximum amount of compensation available under subsection (7)(b) of this section.

(c) Defining catastrophic injuries and establishing the length of time that a claim for compensation and payments may continue under subsection (10)(a) of this section.

(d) For medical fee schedules. The schedules shall represent at least the 75th percentile of the usual and customary fees charged to the public as determined by the department. An applicant or victim may not be charged for the percentile amount reduced by the department. [1977 c.376 §5; 1987 c.770 §4; 1989 c.542 §3; 1991 c.603 §2; 1991 c.862 §3; 1993 c.294 §8; 1993 c.546 §100; 1993 c.622 §3; 1997 c.549 §1; 1997 c.723 §1; 1997 c.749 §2; 1997 c.873 §31; 1999 c.922 §1; 2001 c.383 §1; 2003 c.349 §1; 2009 c.272 §1; 2011 c.125 §1; 2017 c.108 §2; 2023 c.318 §4]

Source: Section 147.035 — Compensable losses; expiration of claim; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.245 — OR Code / Title 14 / Chapter 147 / Section 147.245
147.245 Disposition of moneys recovered from assailant
Status: in_force

(1) Any moneys recovered by the Department of Justice under ORS 147.281 (Definitions) to 147.298 (Where action may be initiated) and 147.345 (State subrogated to rights accruing to beneficiary) shall be credited to the Criminal Injuries Compensation Account.

(2) Any gifts, contributions, grants or federal funds specifically given to the department for the benefit of victims of crimes shall be credited to the Criminal Injuries Compensation Account. [1977 c.376 §24; 2005 c.383 §11]

Source: Section 147.245 — Disposition of moneys recovered from assailant; disposition of gifts or grants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 132.440 — OR Code / Title 14 / Chapter 132 / Section 132.440
132.440 Inquiry into conditions in correctional and youth correction facilities
Status: in_force

(1) At least once yearly, a grand jury shall inquire into the condition and management of every correctional facility and youth correction facility as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) in the county.

(2) The grand jury is entitled to free access at all reasonable times to such correctional facilities and juvenile facilities, and, without charge, to all public records in the county pertaining thereto.

(3) Other than indictments presented under ORS 132.310 (Inquiry into crimes) or presentments presented under ORS 132.370 (Presentment of facts to court for instruction as to law) , the grand jury shall issue no report other than a report of an inquiry made under this section. [Amended by 1973 c.836 §55; 1985 c.565 §11; 1997 c.249 §44]

Source: Section 132.440 — Inquiry into conditions in correctional and youth correction facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 133.377 — OR Code / Title 14 / Chapter 133 / Section 133.377
133.377 Arrest of persons for cruelty to animals
Status: in_force

(1) Any person violating ORS 167.315 (Animal abuse in the second degree) to 167.333 (Sexual assault of an animal) , 167.340 (Animal abandonment) , 167.355 (Involvement in animal fighting) , 167.365 (Dogfighting) or 167.428 (Cockfighting) may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace.

(2) The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owners of the animals found in the charge of the person arrested, and shall properly care and provide for such animals until the owners or their duly authorized agents take charge of them; provided, such owners or agents shall claim and take charge of the animals within 60 days from the date of said notice.

(3) The person making such arrest shall have a lien upon the animals for the expense of such care and provisions.

(4) Any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided. [Formerly 770.230; 1983 c.648 §2; 1985 c.662 §12; 2001 c.926 §16; 2009 c.550 §4]

Source: Section 133.377 — Arrest of persons for cruelty to animals; immunity of peace officer providing care for animal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 151.485 — OR Code / Title 14 / Chapter 151 / Section 151.485
151.485 Financial eligibility
Status: in_force

(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the executive director of the Oregon Public Defense Commission, a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person’s dependent family under standards established by the Oregon Public Defense Commission under ORS 151.216 (Commission duties) .

(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the person’s parent, guardian or custodian. The financial statement shall be in the form prescribed by the Oregon Public Defense Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (Eligibility for court-appointed counsel) (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.

(3) If at any time after the appointment of counsel the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If at any time during criminal proceedings the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.

(4) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body that has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified for legal assistance in accordance with subsections (1) and (2) of this section. As used in this subsection, “legal assistance” includes legal counsel, transcripts, witness fees and expenses and any other goods or services required by law to be provided to a financially eligible person at state expense under ORS 151.216 (Commission duties) and 151.219 (Executive director) .

(5) The civil proceeding shall be subject to the exemptions from execution as provided for by law. [1989 c.1053 §13; 1991 c.825 §6; 2001 c.962 §33; 2023 c.281 §36]

Source: Section 151.485 — Financial eligibility; determination; financial statement; termination of appointed counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 132.120 — OR Code / Title 14 / Chapter 132 / Section 132.120
132.120 Jury service term
Status: in_force

When the jury service term is completed the grand jury must be discharged by the court; but the judge may, by an order made either in open court or at chambers anywhere in the judicial district and entered of record, stating the reasons, continue the grand jury in session for such period of time as the judge deems advisable. [Amended by 1959 c.638 §13; 1973 c.836 §42; 1985 c.540 §30; 1985 c.703 §26]

Source: Section 132.120 — Jury service term; continuation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 131a.150 — OR Code / Title 14 / Chapter 131a / Section 131a.150
131A.150 Forfeiture notice
Status: in_force

(1) A forfeiture notice must contain:

(a) A copy of the inventory prepared by the police officer under ORS 131A.055 (Inventory and receipt) , with any amendments made under ORS 131A.055 (Inventory and receipt) (3);

(b) The name of the person from whom the property was seized;

(c) The name, address and telephone number of the seizing agency;

(d) The address and telephone number of the office or other place where further information concerning the seizure may be obtained; and

(e) A statement in substantially the following form:

Notice to Potential Claimant -

Read These Papers Carefully ! ! !

If you have any interest in the seized property described in these papers, you must claim that interest or you will automatically lose that interest. If you do not file a claim for the property, the property may be forfeited even if you are not convicted of any crime. To claim an interest, you must file a written claim with the forfeiture counsel named below. The written claim must be signed by you, under penalty of perjury, and state: (a) Your true name; (b) The address at which you will accept future mailings from the court and forfeiture counsel; and (c) A statement that you have an interest in the seized property. Your deadline for filing the claim document is 21 days from the day this form is given to you. If you have any questions, you should see an attorney immediately.

(2) A police officer who seizes property for forfeiture may serve a forfeiture notice on the person from whose possession the property is taken, or on the person in apparent control of the property, at the time the property is seized.

(3) If a police officer seizes property for forfeiture and does not serve a forfeiture notice under subsection (2) of this section, the forfeiting agency shall issue the forfeiture notice not more than 15 days after the seizure.

(4) Except as provided in subsections (5) and (6) of this section, a forfeiting agency shall make reasonable efforts to serve a forfeiture notice on all persons known to have an interest in the seized property. A person may be served as provided in ORCP 7 D except that summons must include information regarding the right to file a claim as provided by ORS 131A.165 (Claims) , if applicable, and the deadline for filing the claim. If the property is cash in the amount of $1,000 or less, or if the fair market value of the property is $1,000 or less, the forfeiting agency may publish notice of seizure for forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to (d). In all other cases, the forfeiting agency shall publish notice of seizure for forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to (d). A copy of the notice and inventory shall be provided to the forfeiting agency’s forfeiture counsel.

(5) If a forfeiting agency publishes forfeiture notice under subsection (4) of this section, the agency may include in a single publication as many forfeiture notices as the agency considers convenient. The publication may contain a single statement of matters from the forfeiture notices that are common to all of the notices and that would otherwise result in needless repetition. The publication must contain for each forfeiture notice a separate copy of the inventory and a separate statement of the identity of the person from whose custody the property was seized.

(6) A forfeiture notice need not be served on a person who has received a receipt under ORS 131A.055 (Inventory and receipt) if:

(a) The receipt contains an estimate of the value of the property seized;

(b) The seizing agency has not amended the inventory under ORS 131A.055 (Inventory and receipt) (3); and

(c) The receipt contains information regarding the right to file a claim as described in ORS 131A.165 (Claims) and the deadline for filing the claim.

(7) If a person received a receipt as described in subsection (6) of this section, but the person must be served with a forfeiture notice because the seizing agency has amended the inventory under ORS 131A.055 (Inventory and receipt) (3), the seizing agency may serve a forfeiture notice on the person by mailing a true copy of the notice to the person by certified mail, return receipt requested. [2009 c.78 §18]

Source: Section 131A.150 — Forfeiture notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.040 — OR Code / Title 14 / Chapter 135 / Section 135.040
135.040 Right to counsel
Status: in_force

If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel. [Formerly 135.310]

Source: Section 135.040 — Right to counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.750 — OR Code / Title 14 / Chapter 144 / Section 144.750
144.750 Victim’s rights
Status: in_force

(1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision has the following rights:

(a) The right to be reasonably protected from the offender during the proceeding;

(b) The right to attend the proceeding in person or, at the discretion of the victim and with advance notice to the board, to attend the proceeding by alternative means; and

(c) The right to request the district attorney of the county in which the offender was convicted, in the discretion of the district attorney, to participate in the proceeding.

(2) Intentionally left blank —Ed.

(a) The board must make a reasonable effort to notify the district attorney of the county in which the offender was convicted and the victim, if the victim requests to be notified and furnishes the board a current address, of any hearing conducted by the board. The board shall send written notice to the current addresses of the district attorney and the victim no later than 30 days before the hearing.

(b) The victim, personally or by counsel, and the district attorney of the county in which the offender was convicted have the right to appear at a hearing conducted by the board and may submit written and oral statements adequately and reasonably expressing any views concerning the crime and the offender.

(c) The victim, personally or by counsel, and the district attorney of the county in which the offender was convicted shall be given access to the information that the board will rely upon in the hearing. The victim and the district attorney shall be given adequate time to rebut the information. The victim or the district attorney may request that the board, in the discretion of the board, obtain and consider additional records, evaluations or other documents.

(3) The board must make a reasonable effort to notify the victim, if the victim requests to be notified and furnishes the board with a current address, of any hearing or administrative decision making process resetting or advancing a release date pursuant to ORS 144.122 (Advancing initial release date) or 144.126 (Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated) .

(4) Intentionally left blank —Ed.

(a) A supervisory authority must make a reasonable effort to notify the victim, if the victim requests to be notified and furnishes the supervisory authority a current address, of any contested hearing conducted by the supervisory authority. The supervisory authority shall send written notice to the current address of the victim as soon as practicable.

(b) The victim, personally or by counsel, has the right to appear at a contested hearing conducted by the supervisory authority and may submit written and oral statements adequately and reasonably expressing any views concerning the crime and the offender.

(c) The victim, personally or by counsel, shall be given access to information that the supervisory authority will rely upon in the contested hearing. The victim shall be given adequate time to rebut the information. The victim may request that the supervisory authority, in the discretion of the supervisory authority, obtain and consider additional records, evaluations or other documents.

(5) For purposes of this section, the victim may appear personally through the victim’s next of kin or a representative selected by the victim. [2010 c.89 §4; 2015 c.230 §3]

Source: Section 144.750 — Victim’s rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.857 — OR Code / Title 14 / Chapter 133 / Section 133.857
133.857 Payment of agent’s expenses
Status: in_force

The account of the agent or agents embracing necessary expenses incurred in performing the service, after approval by the Governor, shall be paid, after being audited and allowed as other claims against the state, from any moneys appropriated therefor. [Formerly 147.290]

Source: Section 133.857 — Payment of agent’s expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 147.462 — OR Code / Title 14 / Chapter 147 / Section 147.462
147.462 Limits on expenditures from fund
Status: in_force

In administering the Oregon Domestic and Sexual Violence Services Fund, the Department of Justice shall:

(1) Expend no less than 15 percent of moneys distributed under the plan developed under ORS 147.456 (Plan for allocation of funds) on sexual assault services; and

(2) Expend no more than 10 percent of the moneys distributed under the plan on administrative costs. [2001 c.870 §28; 2007 c.299 §1]

Note: See note under 147.450 (Definitions) .

Source: Section 147.462 — Limits on expenditures from fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.390 — OR Code / Title 14 / Chapter 147 / Section 147.390
147.390 Payment of expenses by department
Status: in_force

(1) In cases of suspected child sexual abuse as described in ORS 419B.005 (Definitions) (1)(a)(C), (D) or (E), or child physical abuse by an adult or caretaker as otherwise described in ORS 419B.005 (Definitions) (1)(a)(A), the Department of Justice may pay for services provided by a children’s advocacy center, including child abuse assessments, medical assessments and forensic interviews. Payments under this section may be made regardless of whether a finding of abuse is made. The department shall make payments under this section directly to the children’s advocacy center.

(2) A children’s advocacy center may not charge the department more for medical services than the maximum amounts established in the medical fee schedules adopted under ORS 147.035 (Compensable losses) .

(3) As used in this section, “child abuse assessment,” “children’s advocacy center,” “forensic interview” and “medical assessment” have the meanings given those terms in ORS 418.782 (Definitions for ORS 418.746 to 418.796) . [1997 c.872 §25; 2009 c.296 §3; 2013 c.720 §16; 2017 c.108 §6; 2019 c.141 §7; 2020 s.s.2 c.10 §31]

Note: 147.390 (Payment of expenses by department) and 147.391 (Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390) were enacted into law by the Legislative Assembly but were 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 147.390 — Payment of expenses by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 153.042 — OR Code / Title 14 / Chapter 153 / Section 153.042
153.042 Citations generally
Status: in_force

(1) Except as provided in ORS 810.410 (Arrest and citation) for issuance of a citation based on a traffic violation, as that term is defined in ORS 801.557 (“Traffic violation.”) , or as otherwise specifically provided by law, an enforcement officer may issue a violation citation only if the conduct alleged to constitute a violation takes place in the presence of the enforcement officer and the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation.

(2) If the person receiving the citation is a firm, corporation or other organization, the citation may be issued to an employee, agent or representative of the firm, corporation or organization. [1999 c.1051 §9]

Source: Section 153.042 — Citations generally; issuance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 137.452 — OR Code / Title 14 / Chapter 137 / Section 137.452
137.452 Satisfaction of monetary obligation imposed as part of sentence
Status: in_force

When a person is convicted of an offense and sentenced to pay any monetary obligation, the following provisions apply to obtaining a satisfaction of the money award portion of the judgment or a release of a judgment lien from a specific parcel of real property when the money award portion of the judgment is not satisfied:

(1) The Attorney General, by rule, may do any of the following:

(a) Authorize the Attorney General’s office, a district attorney’s office, any state agency within the executive branch of government or any specific individual or group within any of these to:

(A) Issue satisfactions of the money award portions of judgments; or

(B) Release a judgment lien from a specific parcel of real property when either the judgment lien does not attach to any equity in the real property or the amount of equity in the real property to which the judgment lien attaches, less costs of sale or other reasonable expenses, is paid upon the judgment.

(b) Establish procedures and requirements that any person described under paragraph (a) of this subsection must follow to issue satisfactions or releases.

(2) Authorization of a person under subsection (1) of this section is permissive and such person is not required to issue satisfactions or releases if authorized. However, if a person is authorized under subsection (1) of this section and does issue satisfactions or releases, the person must comply with the procedures and requirements established by the Attorney General by rule.

(3) If the Attorney General establishes a program under subsection (1) of this section, the Attorney General’s office shall issue satisfactions and releases under the program unless the Attorney General determines that there are sufficient other agencies authorized under subsection (1) of this section who are actually participating in the program to provide reasonable access to satisfactions and releases on a statewide basis.

(4) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, when the entries in the register and the financial accounting records for the court show conclusively that a monetary obligation imposed in a criminal action has been paid in full, the clerk of the court may note in the register that the money award portion of the judgment has been paid in full. Notation in the register under this paragraph constitutes a satisfaction of the money award portion of the judgment. The clerk of the court is not civilly liable for any act or omission in making the notation in the register in the manner authorized by this paragraph.

(b) When a monetary obligation imposed in a criminal action is paid by a negotiable instrument, the clerk of the court shall proceed as provided in paragraph (a) of this subsection only after the expiration of 21 days from the date the negotiable instrument is received by the court. The clerk may proceed as provided in paragraph (a) of this subsection before the expiration of the 21-day period if the judgment debtor or any other interested person makes a request that the clerk proceed and provides information that establishes to the satisfaction of the clerk that the instrument has been honored.

(c) This subsection does not authorize the clerk of a court to compromise, settle or partially satisfy a monetary obligation imposed in a criminal action, or to release part of any property subject to a judgment lien.

(5) Any satisfaction issued by a person authorized under this section may be entered in the same manner and has the same effect on the money award portion of a judgment as a satisfaction issued for the money award portions of a judgment from a civil action or proceeding.

(6) The release of judgment liens on specific parcels of real property by the Attorney General or by a person authorized by the Attorney General under subsection (1) of this section is discretionary. The money award portion of the judgment shall remain a lien against all real property not specifically released. [1989 c.472 §4; 1993 c.145 §1; 1997 c.801 §68; 2003 c.576 §164]

Note: 137.452 (Satisfaction of monetary obligation imposed as part of 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 137.452 — Satisfaction of monetary obligation imposed as part of sentence; release of judgment lien from real property; authority of Attorney General , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.280 — OR Code / Title 14 / Chapter 136 / Section 136.280
136.280 Substitution of alternate for discharged juror
Status: in_force

(1) If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case. The court shall draw the name of an alternate juror, who shall then become a member of the jury, replacing the discharged juror as though the alternate juror had been selected as one of the original jurors.

(2) If, after the jury has begun deliberations, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case and may draw the name of an alternate juror to replace the discharged juror if:

(a) An alternate juror is available and has not yet been discharged; and

(b) Both parties agreed to the substitution after the jury was selected but prior to the beginning of the trial.

(3) If an alternate juror replaces a juror under this section after deliberations have begun, the court shall instruct the jury to begin deliberations anew.

(4) The court may retain alternate jurors after the case is submitted to the jury to replace jurors as provided in subsection (2) of this section. An alternate juror retained under this subsection shall not attend or otherwise participate in deliberations unless the alternate juror is selected to replace a juror.

(5) An alternate juror who does not replace a juror as provided in subsection (1) or (2) of this section and who is not retained as provided in subsection (4) of this section shall be discharged after deliberations have begun. [Amended by 1991 c.725 §3; 2005 c.463 §§18,19; 2007 c.16 §8; 2017 c.359 §2]

Source: Section 136.280 — Substitution of alternate for discharged juror; retention and discharge of alternates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.294 — OR Code / Title 14 / Chapter 147 / Section 147.294
147.294 Liability of person making payment after notice of lien is recorded
Status: in_force

After a notice of lien is recorded under ORS 147.287 (Perfection of lien) , a person or entity that makes a payment to the applicant or recipient or to the heirs, personal representatives, assigns or attorneys of the applicant or recipient under a judgment, settlement or compromise without first having paid to the Department of Justice the amount of the department’s lien is liable to the department for the amount of the payment to the extent that the lien attached to the payment under ORS 147.285 (Creation of lien) . [2005 c.383 §8]

Source: Section 147.294 — Liability of person making payment after notice of lien is recorded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131a.360 — OR Code / Title 14 / Chapter 131a / Section 131a.360
131A.360 Distribution of forfeiture proceeds by local government
Status: in_force

(1) The provisions of this section apply only to a forfeiting agency other than the state, and apply only to forfeiture proceeds arising out of prohibited conduct as described in ORS 131A.005 (Definitions) (12)(a), (b) and (c).

(2) If the forfeiting agency is not a county, the forfeiting agency shall enter into an agreement, under ORS chapter 190, with the county in which the property was seized to provide a portion of the forfeiture proceeds to the county.

(3) After entry of a judgment of forfeiture, a forfeiting agency shall first pay from the forfeiture proceeds the costs incurred by seizing and forfeiting agencies in investigating and prosecuting the case, including costs, disbursements and attorney fees as defined in ORCP 68 A, special expenses such as the provision of currency for undercover law enforcement operations, the cost of disabling a hidden compartment in a motor vehicle and the expenses of maintaining the seized property. The forfeiting agency may not pay expenditures made in connection with the ordinary maintenance and operation of a seizing or forfeiting agency under this subsection.

(4) After payment of costs under subsection (3) of this section, the forfeiting agency shall:

(a) Deduct an amount equal to five percent of the forfeiture proceeds and deposit that amount in the Illegal Drug Cleanup Fund established under ORS 475.495 (Illegal Drug Cleanup Fund) for the purposes specified in ORS 475.495 (Illegal Drug Cleanup Fund) (5) and (6);

(b) Deduct an amount equal to 2.5 percent of the forfeiture proceeds and deposit that amount in the Asset Forfeiture Oversight Account;

(c) Deduct an amount equal to 20 percent of the forfeiture proceeds and deposit that amount in the Oregon Criminal Justice Commission Account established under ORS 137.662 (Oregon Criminal Justice Commission Account) for support for specialty courts as defined in ORS 137.680 (Development of specialty court standards) ;

(d) Deduct an amount equal to 10 percent of the forfeiture proceeds and deposit that amount in the Department of Early Learning and Care Fund established under ORS 326.435 (Department of Early Learning and Care Fund) for disbursement to Relief Nursery programs as defined in ORS 417.786 (Definitions for ORS 417.788) ; and

(e) Deduct an amount equal to 10 percent of the forfeiture proceeds and deposit that amount in an account established or designated by the State Treasurer in the higher education qualified tuition savings program of the Oregon 529 Savings Network for disbursement to the scholarship program for children of public safety officers established under ORS 348.270 (Scholarships for children of public safety officers) .

(5) If the forfeiting agency has entered into an agreement with a county under subsection (2) of this section, after paying costs under subsection (3) of this section and making the deductions required by subsection (4) of this section, the forfeiting agency shall pay the county the amounts required by the agreement.

(6) After making all payments and deductions required by subsections (3), (4) and (5) of this section, the forfeiting agency may use the remaining forfeiture proceeds, including amounts received by a county under subsection (5) of this section or by any other public body under an intergovernmental agreement entered into under ORS 131A.355 (Intergovernmental agreements) , only for:

(a) The purchase of equipment necessary for the enforcement of laws relating to the unlawful delivery, distribution, manufacture or possession of controlled substances;

(b) Currency for undercover law enforcement operations;

(c) Drug awareness and drug education programs offered in middle schools and high schools;

(d) The expenses of a forfeiting agency in operating joint narcotic operations with other forfeiting agencies pursuant to the terms of an intergovernmental agreement, including paying for rental space, utilities and office equipment;

(e) Expenses of a district attorney in criminal prosecutions for unlawful delivery, distribution, manufacture or possession of controlled substances, as determined through intergovernmental agreement between the forfeiting agency and the district attorney;

(f) Drug treatment and programs that support drug treatment; and

(g) A CASA Volunteer Program as defined in ORS 184.489 (Definitions) .

(7) Notwithstanding subsection (6) of this section, growing equipment and laboratory equipment seized by a forfeiting agency that was used, or intended for use, in the manufacturing of controlled substances may be donated to a public school, community college or institution of higher education.

(8) A forfeiting agency shall sell as much property as may be needed to make the distributions required by this section. Distributions required under subsection (4) of this section must be made once every three months and are due within 20 days of the end of each quarter. No interest shall accrue on amounts that are paid within the period specified by this subsection. [2009 c.78 §43; 2009 c.874 §15; 2011 c.233 §1; 2011 c.335 §2; 2012 c.37 §33; 2012 c.97 §18; 2013 c.624 §21; 2017 c.21 §97; 2017 c.630 §6; 2017 c.645 §3; 2018 c.23 §1; 2019 c.85 §1; 2021 c.631 §14]

Source: Section 131A.360 — Distribution of forfeiture proceeds by local government , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 147.537 — OR Code / Title 14 / Chapter 147 / Section 147.537
147.537 Appellate review as matter of right
Status: in_force

(1) Appellate review of an order described in ORS 147.535 (Appeals generally) (4)(a) must be initiated by filing a notice of interlocutory appeal with the Supreme Court substantially in the form prescribed by rule of the Supreme Court. Review of the order is a matter of right.

(2) The person or party filing the notice of interlocutory appeal shall be identified as the appellant and the defendant shall be identified as the respondent. Any other person described in subsection (6)(a) to (f) of this section who is a party to the appeal shall be identified as a respondent.

(3) The notice of interlocutory appeal must contain:

(a) A designation of those portions of the trial court record, including oral proceedings, to be included in the record on appeal; and

(b) A statement of why the notice is timely.

(4) The appellant shall include with the notice of interlocutory appeal the following materials:

(a) A copy of the order for which appellate review is sought, which must be attached to the notice.

(b) Excerpts of the record necessary to determine the question presented and the relief sought. An excerpt of record must include a copy of the form described in ORS 147.515 (Claims) (2)(a), if the form was completed and provided to the trial court.

(c) A memorandum of law containing:

(A) A concise but complete statement of facts material to a determination of the question presented and the relief sought; and

(B) Supporting arguments and citations of authority.

(5) The Supreme Court may:

(a) Direct a party to the appeal to supplement the record with a copy of additional parts of the record or a transcript of the parts of the oral proceedings in the trial court necessary to determine the question presented and the relief sought; or

(b) Direct the trial court administrator to forward all or part of the trial court record.

(6) The appellant shall serve a copy of the notice of interlocutory appeal and the accompanying materials described in subsection (4) of this section on the following other persons:

(a) The victim who asserted the claim that resulted in the order being appealed and any victim who asserted a related claim;

(b) Any person who filed a response under ORS 147.517 (Notice) (4) to the claim that resulted in the order being appealed or a related claim;

(c) Any person who filed the motion that resulted in the order being appealed or a related motion under ORS 147.522 (Issue that will have impact on trial) ;

(d) Any person against whom relief was sought in the hearing that resulted in the order being appealed or a related hearing under ORS 147.530 (Hearing on claim, response or motion) ;

(e) The prosecuting attorney;

(f) The Attorney General;

(g) The defendant; and

(h) The Oregon Public Defense Commission, if the defendant is represented by appointed counsel.

(7) The appellant shall serve a copy of the notice of interlocutory appeal on:

(a) The trial court administrator; and

(b) The trial court transcript coordinator, if the notice of interlocutory appeal contains a designation of the oral proceedings before the trial court as part of the record on appeal.

(8) Intentionally left blank —Ed.

(a) Except as otherwise provided in this subsection, the appellant shall serve and file the notice of interlocutory appeal and, if applicable, the accompanying materials described in subsection (4) of this section within seven days after the date the trial court entered the order being appealed.

(b) An appellant who seeks to appeal an order issued under ORS 147.530 (Hearing on claim, response or motion) and who was not provided with a copy of the order as required by ORS 147.530 (Hearing on claim, response or motion) (6) may serve and file the notice of interlocutory appeal and, if applicable, the accompanying materials described in subsection (4) of this section within seven days after the date of receiving a copy of the order.

(c) The appellant shall serve the prosecuting attorney and the Attorney General so that the copy of the notice of interlocutory appeal and accompanying materials are received on the same day the notice is filed with the Supreme Court.

(d) Except as provided in paragraph (c) of this subsection, the appellant shall serve all persons described in subsections (6) and (7) of this section so that the copy of the notice of interlocutory appeal and, if applicable, accompanying materials are received no later than one judicial day after the notice is filed.

(9) Within three days after receipt of a notice of interlocutory appeal that contains a designation of record under subsection (3) of this section, the trial court administrator shall forward to the Supreme Court an audio record of the designated oral proceedings.

(10) If the Supreme Court directs a party to provide a transcript of oral proceedings under subsection (5) of this section, the party shall provide the transcript to the Supreme Court within seven days after the date of the Supreme Court’s order.

(11) Intentionally left blank —Ed.

(a) The following requirements are jurisdictional and may not be waived or extended:

(A) The timely filing of the original notice of interlocutory appeal and accompanying materials described in subsection (4) of this section with the Supreme Court; and

(B) The service of the notice of interlocutory appeal within the time limits described in subsection (8) of this section on all persons identified in subsection (6) of this section.

(b) Failure to timely serve a true and complete copy of the accompanying materials described in subsection (4) of this section is not jurisdictional, provided that the appellant made a good faith effort to do so and substantially complied with those requirements.

(c) Notwithstanding paragraph (b) of this subsection, the Supreme Court may dismiss the appeal as to any respondent if the appellant, after receipt of a notice of noncompliance, does not promptly cure a deficiency in the materials or if the failure to timely serve a true and complete copy of the accompanying materials substantially prejudices the respondent’s ability to respond to the appeal.

(12) A respondent may file a response, which must be filed within seven days after the date the notice of interlocutory appeal is filed with the Supreme Court.

(13) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the appellant may not file a reply.

(b) If the Supreme Court determines that the case is unusually complex, due to the number of persons involved or the existence of novel questions of law, and the court would benefit from additional briefing, the court may extend the briefing schedule described in this section and allow the appellant to file a reply.

(14) The appellant or respondent may request oral argument. The Supreme Court may grant or deny a request for oral argument or order oral argument on its own motion.

(15) At any time after submission of the appellant’s memorandum of law, the Supreme Court, on its own motion or on the motion of the respondent, may summarily affirm the trial court’s order, with or without the submission of a response or oral argument, if the Supreme Court determines that the appeal does not present a substantial question of law. A motion for summary affirmance has no effect on the timelines described in this section.

(16) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the Supreme Court shall issue its decision on appeal under this section within 21 days after the date the notice of interlocutory appeal is filed.

(b) The Supreme Court may issue a final decision beyond the 21-day period if the court determines that the ends of justice served by issuing a final decision at a later date outweigh the best interests of the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public.

(c) In making the determination under paragraph (b) of this subsection, the Supreme Court shall consider:

(A) Whether the case is unusually complex, due to the number of persons involved or the existence of novel questions of law, and whether 21 days is an unreasonable amount of time for the court to issue a decision; and

(B) Whether the failure to extend the 21-day period would be likely to result in a miscarriage of justice.

(17) Appellate review under this section is confined to the record. The Supreme Court may not substitute its judgment for that of the trial court as to any issue of fact and shall review challenges to a factual finding for evidence in the record to support the finding. The Supreme Court shall review for errors of law and, when the law delegates discretion to the trial court, determine whether the trial court’s exercise of discretion was outside the range of discretion delegated to the trial court.

(18) The Supreme Court may affirm, modify, reverse or remand the trial court’s order. The court may reverse or remand the order only if it finds that the order is unlawful in substance or procedure and that the substantial rights of the appellant were prejudiced as a result.

(19) Notwithstanding any other provision of law, a notice of interlocutory appeal and the response described in subsection (12) of this section are filed under this section when those documents are physically received by the Supreme Court or, if the documents are filed electronically, as provided by rule of the Chief Justice of the Supreme Court.

(20) In addition to any other method authorized by law, service under this section may be accomplished by electronic mail or facsimile transmission, in a manner consistent with any applicable rules of appellate procedure. [2009 c.178 §14; 2011 c.659 §4; 2013 c.224 §4; 2023 c.281 §34]

Note: See note under 147.500 (Definitions) .

Source: Section 147.537 — Appellate review as matter of right; notice of interlocutory appeal; service; response , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.108 — OR Code / Title 14 / Chapter 137 / Section 137.108
137.108 Restitution when defendant has entered into diversion agreement
Status: in_force

(1) When a person has entered into a driving while under the influence of intoxicants diversion agreement and the person’s actions resulted in economic damages, the district attorney shall investigate and present to the court within 90 days of when the diversion agreement is entered, evidence of the nature and amount of the damages. If the court finds from the evidence presented that a victim suffered economic damages, the court shall order the defendant to pay restitution and include in the diversion agreement one of the following:

(a) A requirement 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.

(b) A requirement that the defendant pay the victim restitution in a specific amount that is less than the full amount of the victim’s economic damages, with the consent of the victim.

(2) 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.

(3) A finding made by the court under this section, or a failure of the court to make a finding, does not limit or impair the right 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) .

(4) 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 the court determines the amount of restitution.

(5) As used in this section, “victim” includes any person the court determines has suffered economic damages as a result of the act that has brought the defendant before the court for the purpose of entering into a driving while under the influence of intoxicants diversion agreement. [2013 c.78 §7]

Source: Section 137.108 — Restitution when defendant has entered into diversion agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.245 — OR Code / Title 14 / Chapter 144 / Section 144.245
144.245 Date of release on parole
Status: in_force

(1) When the State Board of Parole and Post-Prison Supervision has set a date on which a prisoner is to be released upon parole, the prisoner shall be released on that date unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

(2) When the board has not set a date on which a prisoner is to be released upon parole, the prisoner shall be released upon a date six months prior to the expiration of the prisoner’s term as computed under ORS 421.120 (Reduction in term of sentence) and 421.122 (Status of time enrolled in work release) unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

(3) In no case does a prisoner have a right to refuse an order granting the prisoner release upon parole. [1985 c.53 §§2,3]

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

Source: Section 144.245 — Date of release on parole; effect of release order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131a.180 — OR Code / Title 14 / Chapter 131a / Section 131a.180
131A.180 Order restoring custody of property after expedited hearing
Status: in_force

(1) An order restoring custody of property to a petitioner under ORS 131A.170 (Expedited hearing on claim) or 131A.175 (Expedited hearing on affirmative defenses) shall:

(a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;

(b) Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the property’s value; and

(c) Require the petitioner to inform the court of the exact location of the property at the time of any trial in a forfeiture action and to deliver the property to the forfeiting agency immediately upon the issuance of a judgment of forfeiture.

(2) An order restoring custody of property to a petitioner under ORS 131A.170 (Expedited hearing on claim) or 131A.175 (Expedited hearing on affirmative defenses) may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.

(3) An order restoring custody of property to a petitioner under ORS 131A.170 (Expedited hearing on claim) or 131A.175 (Expedited hearing on affirmative defenses) is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by an order directing the petitioner to deliver the property to the custody of the forfeiting agency, by an order awarding to the forfeiting agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court may find appropriate. [2009 c.78 §24; 2009 c.874 §11]

Source: Section 131A.180 — Order restoring custody of property after expedited hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.380 — OR Code / Title 14 / Chapter 135 / Section 135.380
135.380 Time of entering plea
Status: in_force

(1) A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel.

(2) A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment.

(3) Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 (Types of answer) to 135.325 (Pleading a judgment) , 135.335 (Pleading by defendant) , 135.355 (Presentation of plea) , 135.360 (Special provisions relating to presentation of plea of guilty or no contest) and 135.375 (Pleading to offenses in other counties) , the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 §166; 2001 c.635 §13]

Source: Section 135.380 — Time of entering plea; aid of counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.595 — OR Code / Title 14 / Chapter 136 / Section 136.595
136.595 How subpoena is served
Status: in_force

(1) Except as provided in ORS 136.447 (Medical records) and 136.583 (Seizure or production of papers, documents or records from recipient) and subsection (2) of this section, a subpoena is served by delivering a copy to the witness personally. If the witness is under 14 years of age, the subpoena may be served by delivering a copy to the witness or to the witness’s parent, guardian or guardian ad litem. Proof of the service is made in the same manner as in the service of a summons.

(2) Intentionally left blank —Ed.

(a) Every law enforcement agency shall designate an individual or individuals upon whom service of subpoena may be made. At least one of the designated individuals shall be available during normal business hours. In the absence of the designated individuals, service of subpoena pursuant to paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency.

(b) If a peace officer’s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on such officer by delivering a copy personally to the officer or to one of the individuals designated by the agency that employs the officer. A subpoena may be served by delivery to one of the individuals designated by the agency that employs the officer only if the subpoena is delivered at least 10 days before the date the officer’s attendance is required, the officer is currently employed as a peace officer by the agency, and the officer is present within the state at the time of service.

(c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to actually notify the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall contact the court and a continuance may be granted to allow the officer to be personally served.

(d) As used in this subsection, “law enforcement agency” means the Oregon State Police, a county sheriff’s department, a municipal police department, 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) or, if the witness whose attendance at trial is required is an authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) , a tribal government as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) .

(3) When a subpoena has been served as provided in ORS 136.583 (Seizure or production of papers, documents or records from recipient) or subsection (1) or (2) of this section and, subsequent to service, the date on, or the time at, which the person subpoenaed is to appear has changed, a new subpoena is not required to be served if:

(a) The subpoena is continued orally in open court in the presence of the person subpoenaed; or

(b) The party who issued the original subpoena notifies the person subpoenaed of the change by first class mail and by:

(A) Certified or registered mail, return receipt requested; or

(B) Express mail. [Formerly 139.100; 1977 c.789 §1; 1995 c.196 §3; 2005 c.298 §1; 2007 c.158 §1; 2009 c.364 §2; 2009 c.617 §3; 2011 c.644 §§20,65,72; 2013 c.180 §16,17; 2015 c.174 §8]

Source: Section 136.595 — How subpoena is served; proof of service; service on law enforcement agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.725 — OR Code / Title 14 / Chapter 131 / Section 131.725
131.725 Exclusion from public property
Status: in_force

(1) During the emergency period proclaimed by the Governor under ORS 131.715 (Proclamation of emergency period by Governor) , the public official shall order excluded from the public property described in the proclamation such persons who in the judgment of the public official are contributing to or aggravating the danger which the Governor has proclaimed to exist.

(2) After informing the person ordered removed or excluded from the public property of the proclamation and order, the police shall remove or exclude such person from such public property.

(3) Any person who, having been ordered excluded or removed from any public property, knowingly enters thereon or who remains on such property during an emergency period proclaimed by the Governor under ORS 131.715 (Proclamation of emergency period by Governor) and who refuses to leave such property upon request by the police, commits a Class A misdemeanor. [Formerly 145.630]

Source: Section 131.725 — Exclusion from public property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.301 — OR Code / Title 14 / Chapter 137 / Section 137.301
137.301 Legislative findings
Status: in_force

The Legislative Assembly finds that:

(1) Systems critical components of the Oregon criminal justice system exist that require the highest priority considerations for funding from the Criminal Fine Account.

(2) The systems critical components of the Oregon criminal justice system are interrelated and essential to the initiation and successful conclusion of criminal investigations.

(3) The interests of victims of crime and other Oregonians are advanced by the ability of the public safety community to respond professionally to reports of criminal activity and to successfully investigate criminal cases in a manner that protects the constitutional rights of all Oregonians.

(4) The effective training of police officers, corrections officers, parole and probation officers and other first responders increases the likelihood that crimes will be solved quickly and that the needs of victims of crime will be met.

(5) The collection of evidence at crime scenes, the forensic processing of the evidence by qualified, well-trained technicians and the work of medical examiners are critical statewide functions that allow all Oregonians an equal opportunity to justice.

(6) The collection of criminal information such as that retained in the Law Enforcement Data System enhances the ability of investigators to identify criminals and the unnamed victims of violent crimes.

(7) Timely intervention on behalf of victims of crime through effective assistance programs makes recovery from victimization possible and is necessary to the well-being of Oregonians adversely affected by violent crime. [2005 c.700 §1; 2011 c.597 §52b]

Note: 137.301 (Legislative findings) 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 137.301 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.225 — OR Code / Title 14 / Chapter 147 / Section 147.225
147.225 Criminal Injuries Compensation Account
Status: in_force

There is established the Criminal Injuries Compensation Account. All moneys in the account are continuously appropriated for and may be used by the Department of Justice for the purposes authorized in ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) , 147.390 (Payment of expenses by department) and 147.397 (Payment of costs) . [1977 c.376 §22; 2003 c.789 §§4,6; 2007 c.23 §2; 2007 c.268 §4; 2012 c.81 §15; 2020 s.s.2 c.10 §30]

Source: Section 147.225 — Criminal Injuries Compensation Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131a.355 — OR Code / Title 14 / Chapter 131a / Section 131a.355
131A.355 Intergovernmental agreements
Status: in_force

A forfeiting agency shall distribute forfeiture proceeds equitably. Distribution of forfeiture proceeds may be made pursuant to intergovernmental agreement under ORS chapter 190. An intergovernmental agreement providing for the distribution of forfeiture proceeds may not provide for a distribution that violates section 10, Article XV of the Oregon Constitution. [2009 c.78 §42]

Source: Section 131A.355 — Intergovernmental agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 131.125 — OR Code / Title 14 / Chapter 131 / Section 131.125
131.125 Time limitations
Status: in_force

(1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed.

(2) A prosecution for any of the following felonies may be commenced within 20 years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age, whichever occurs later:

(a) Rape in the first degree under ORS 163.375 (Rape in the first degree) .

(b) Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree) .

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

(d) Sexual abuse in the first degree under ORS 163.427 (Sexual abuse in the first degree) .

(3) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

(a) Strangulation under ORS 163.187 (Strangulation) (4).

(b) Criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree) .

(c) Rape in the third degree under ORS 163.355 (Rape in the third degree) .

(d) Rape in the second degree under ORS 163.365 (Rape in the second degree) .

(e) Sodomy in the third degree under ORS 163.385 (Sodomy in the third degree) .

(f) Sodomy in the second degree under ORS 163.395 (Sodomy in the second degree) .

(g) Unlawful sexual penetration in the second degree under ORS 163.408 (Unlawful sexual penetration in the second degree) .

(h) Sexual abuse in the second degree under ORS 163.425 (Sexual abuse in the second degree) .

(i) Using a child in a display of sexual conduct under ORS 163.670 (Using child in display of sexually explicit conduct) .

(j) Encouraging child sexual abuse in the first degree under ORS 163.684 (Encouraging child sexual abuse in the first degree) .

(k) Incest under ORS 163.525 (Incest) .

(L) Promoting prostitution under ORS 167.012 (Promoting prostitution) .

(m) Compelling prostitution under ORS 167.017 (Compelling prostitution) .

(n) Luring a minor under ORS 167.057 (Luring a minor) .

(4) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

(a) Strangulation under ORS 163.187 (Strangulation) (3).

(b) Sexual abuse in the third degree under ORS 163.415 (Sexual abuse in the third degree) .

(c) Exhibiting an obscene performance to a minor under ORS 167.075 (Exhibiting an obscene performance to a minor) .

(d) Displaying obscene materials to minors under ORS 167.080 (Displaying obscene materials to minors) .

(5) In the case of crimes described in subsection (3)(i) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (3)(k) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (3)(L) and (m) of this section, the victim is the child whose acts of prostitution are promoted or compelled.

(6) A prosecution for arson in any degree may be commenced within six years after the commission of the crime.

(7) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime if the victim at the time of the crime was 65 years of age or older:

(a) Theft in the first degree under ORS 164.055 (Theft in the first degree) .

(b) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) .

(c) Extortion under ORS 164.075 (Extortion) .

(d) Robbery in the third degree under ORS 164.395 (Robbery in the third degree) .

(e) Robbery in the second degree under ORS 164.405 (Robbery in the second degree) .

(f) Robbery in the first degree under ORS 164.415 (Robbery in the first degree) .

(g) Forgery in the first degree under ORS 165.013 (Forgery in the first degree) .

(h) Fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) (4)(b).

(i) Identity theft under ORS 165.800 (Identity theft) .

(8) Except as provided in subsection (9) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission:

(a) For any other felony, three years.

(b) For any misdemeanor, two years.

(c) For a violation, six months.

(9) If the period prescribed in subsection (8) of this section has expired, a prosecution nevertheless may be commenced as follows:

(a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

(b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

(c) If the offense is an 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) , prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or

(d) If the offense is sexual abuse by fraudulent representation under ORS 163.429 (Sexual abuse by fraudulent representation) , prosecution may be commenced within six years after the victim becomes aware or reasonably should have become aware of the criminal nature of the conduct.

(10) Notwithstanding subsections (2) and (3) of this section, if the defendant is identified after the period described in subsection (2) or (3) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for:

(a) Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime.

(b) Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.

(11) Notwithstanding subsection (10) of this section, if a prosecution for a felony listed in subsection (10) of this section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.

(12) Intentionally left blank —Ed.

(a) Notwithstanding subsection (2) of this section, if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in subsection (2) of this section, the prosecution may be commenced at any time after the commission of the crime.

(b) The corroborating evidence described in paragraph (a) of this subsection must consist of one of the following:

(A) Physical evidence other than a DNA sample, including but not limited to audio, video or other electronic recordings, text messages, guest book logs, telephone recordings and photographs.

(B) A confession, made by the defendant, to the crime the victim reported.

(C) An oral statement, made by the victim to another person in temporal proximity to the commission of the crime, corroborating the victim’s report of the crime to a law enforcement agency.

(D) A written statement, created by the victim in temporal proximity to the commission of the crime and subsequently delivered to another person or to a law enforcement agency, corroborating the victim’s report of the crime to a law enforcement agency.

(E) A report made by a different victim to a law enforcement agency, made either before or after the victim’s report, alleging that the defendant committed another crime of the same or similar character such that the two crimes could be charged in the same charging instrument under ORS 132.560 (Joinder of counts and charges) .

(13) Intentionally left blank —Ed.

(a) A prosecuting attorney commencing a prosecution pursuant to subsection (12) of this section shall present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense.

(b) The failure to present evidence reasonably tending to negate guilt as required by paragraph (a) of this subsection does not affect the validity of an indictment or prosecution. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991 c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001 c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6; 2009 c.585 §1; 2011 c.666 §2; 2011 c.681 §3; 2012 c.70 §2; 2015 c.417 §1; 2015 c.645 §5; 2016 c.47 §5; 2016 c.120 §1; 2023 c.200 §2; 2023 c.265 §1]

Note: Section 2, chapter 265, Oregon Laws 2023, provides:

Sec. 2. The amendments to ORS 131.125 (Time limitations) by section 1 of this 2023 Act apply to offenses committed before, on or after the effective date of this 2023 Act [January 1, 2024] but do not operate to revive a prosecution barred by the operation of ORS 131.125 (Time limitations) before the effective date of this 2023 Act. [2023 c.265 §2]

Source: Section 131.125 — Time limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.385 — OR Code / Title 14 / Chapter 147 / Section 147.385
147.385 Training program for victim assistance program employees
Status: in_force

No later than January 1, 2025, the Department of Justice shall develop and begin delivering a training program for employees of district attorney victim assistance programs to assist the employees with providing services to victims of bias crimes as defined in ORS 147.380 (Service referral for bias incidents) . [2023 c.549 §17]

Note: 147.385 (Training program for victim assistance program employees) 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 147.385 — Training program for victim assistance program employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.712 — OR Code / Title 14 / Chapter 137 / Section 137.712
137.712 Exceptions to ORS 137.700 and 137.707
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) and 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) , when a person is convicted of manslaughter in the second degree as defined in ORS 163.125 (Manslaughter in the second degree) , assault in the second degree as defined in ORS 163.175 (Assault in the second degree) (1)(b), kidnapping in the second degree as defined in ORS 163.225 (Kidnapping in the second degree) , rape in the second degree as defined in ORS 163.365 (Rape in the second degree) , sodomy in the second degree as defined in ORS 163.395 (Sodomy in the second degree) , unlawful sexual penetration in the second degree as defined in ORS 163.408 (Unlawful sexual penetration in the second degree) , sexual abuse in the first degree as defined in ORS 163.427 (Sexual abuse in the first degree) (1)(a)(A) or robbery in the second degree as defined in ORS 164.405 (Robbery in the second degree) , the court may impose a sentence according to the rules of the Oregon Criminal Justice Commission that is less than the minimum sentence that otherwise may be required by ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) if the court, on the record at sentencing, makes the findings set forth in subsection (2) of this section and finds that a substantial and compelling reason under the rules of the Oregon Criminal Justice Commission justifies the lesser sentence. When the court imposes a sentence under this subsection, the person is eligible for a reduction in the sentence as provided in ORS 421.121 (Reduction in term of incarceration) and any other statute and is eligible for a hearing and conditional release under ORS 420A.203 (Eligibility for second look) and 420A.206 (Conditional release) .

(b) In order to make a dispositional departure under this section, the court must make the following additional findings on the record:

(A) There exists a substantial and compelling reason not relied upon in paragraph (a) of this subsection;

(B) A sentence of probation will be more effective than a prison term in reducing the risk of offender recidivism; and

(C) A sentence of probation will better serve to protect society.

(2) A conviction is subject to subsection (1) of this section only if the sentencing court finds on the record by a preponderance of the evidence:

(a) If the conviction is for manslaughter in the second degree:

(A) That the victim was a dependent person as defined in ORS 163.205 (Criminal mistreatment in the first degree) who was at least 18 years of age;

(B) That the defendant is the mother or father of the victim;

(C) That the death of the victim was the result of an injury or illness that was not caused by the defendant;

(D) That the defendant treated the injury or illness solely by spiritual treatment in accordance with the religious beliefs or practices of the defendant and based on a good faith belief that spiritual treatment would bring about the victim’s recovery from the injury or illness;

(E) That no other person previously under the defendant’s care has died or sustained significant physical injury as a result of or despite the use of spiritual treatment, regardless of whether the spiritual treatment was used alone or in conjunction with medical care; and

(F) That the defendant does not have a previous conviction for a crime listed in subsection (4) of this section or for criminal mistreatment in the second degree.

(b) If the conviction is for assault in the second degree:

(A) That the victim was not physically injured by means of a deadly weapon;

(B) That the victim did not suffer a significant physical injury; and

(C) That the defendant does not have a previous conviction for a crime listed in subsection (4) of this section.

(c) If the conviction is for kidnapping in the second degree:

(A) That the victim was at least 12 years of age at the time the crime was committed; and

(B) That the defendant does not have a previous conviction for a crime listed in subsection (4) of this section.

(d) If the conviction is for robbery in the second degree:

(A) That the victim did not suffer a significant physical injury;

(B) That, if the defendant represented by words or conduct that the defendant was armed with a dangerous weapon, the representation did not reasonably put the victim in fear of imminent significant physical injury;

(C) That, if the defendant represented by words or conduct that the defendant was armed with a deadly weapon, the representation did not reasonably put the victim in fear of imminent physical injury; and

(D) That the defendant does not have a previous conviction for a crime listed in subsection (4) of this section.

(e) If the conviction is for rape in the second degree, sodomy in the second degree or sexual abuse in the first degree:

(A) That the victim was at least 12 years of age, but under 14 years of age, at the time of the offense;

(B) That the defendant does not have a prior conviction for a crime listed in subsection (4) of this section;

(C) That the defendant has not been previously found to be within the jurisdiction of a juvenile court for an act that would have been a felony sexual offense if the act had been committed by an adult;

(D) That the defendant was no more than five years older than the victim at the time of the offense;

(E) That the offense did not involve sexual contact with any minor other than the victim; and

(F) That the victim’s lack of consent was due solely to incapacity to consent by reason of being under 18 years of age at the time of the offense.

(f) If the conviction is for unlawful sexual penetration in the second degree:

(A) That the victim was 12 years of age or older at the time of the offense;

(B) That the defendant does not have a prior conviction for a crime listed in subsection (4) of this section;

(C) That the defendant has not been previously found to be within the jurisdiction of a juvenile court for an act that would have been a felony sexual offense if the act had been committed by an adult;

(D) That the defendant was no more than five years older than the victim at the time of the offense;

(E) That the offense did not involve sexual contact with any minor other than the victim;

(F) That the victim’s lack of consent was due solely to incapacity to consent by reason of being under 18 years of age at the time of the offense; and

(G) That the object used to commit the unlawful sexual penetration was the hand or any part thereof of the defendant.

(3) In making the findings required by subsections (1) and (2) of this section, the court may consider any evidence presented at trial and may receive and consider any additional relevant information offered by either party at sentencing.

(4) The crimes to which subsection (2)(a)(F), (b)(C), (c)(B), (d)(D), (e)(B) and (f)(B) of this section refer are:

(a) A crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) (2) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (4);

(b) Escape in the first degree, as defined in ORS 162.165 (Escape in the first degree) ;

(c) Aggravated murder, as defined in ORS 163.095 (“Aggravated murder” defined) ;

(d) Criminally negligent homicide, as defined in ORS 163.145 (Criminally negligent homicide) ;

(e) Assault in the third degree, as defined in ORS 163.165 (Assault in the third degree) ;

(f) Criminal mistreatment in the first degree, as defined in ORS 163.205 (Criminal mistreatment in the first degree) (1)(b)(A);

(g) Rape in the third degree, as defined in ORS 163.355 (Rape in the third degree) ;

(h) Sodomy in the third degree, as defined in ORS 163.385 (Sodomy in the third degree) ;

(i) Sexual abuse in the second degree, as defined in ORS 163.425 (Sexual abuse in the second degree) ;

(j) Stalking, as defined in ORS 163.732 (Stalking) ;

(k) Burglary in the first degree, as defined in ORS 164.225 (Burglary in the first degree) , when it is classified as a person felony under the rules of the Oregon Criminal Justice Commission;

(L) Arson in the first degree, as defined in ORS 164.325 (Arson in the first degree) ;

(m) Robbery in the third degree, as defined in ORS 164.395 (Robbery in the third degree) ;

(n) A bias crime in the first degree, as defined in ORS 166.165 (Bias crime in the first degree) ;

(o) Promoting prostitution, as defined in ORS 167.012 (Promoting prostitution) ; and

(p) An attempt or solicitation to commit any Class A or B felony listed in paragraphs (a) to (L) of this subsection.

(5) Notwithstanding ORS 137.545 (Period of probation) (5)(b), if a person sentenced to probation under this section violates a condition of probation by committing a new crime, the court shall revoke the probation and impose the presumptive sentence of imprisonment under the rules of the Oregon Criminal Justice Commission.

(6) As used in this section:

(a) “Conviction” includes, but is not limited to:

(A) A juvenile court adjudication finding a person within the court’s jurisdiction under ORS 419C.005 (Jurisdiction) , if the person was at least 15 years of age at the time the person committed the offense that brought the person within the jurisdiction of the juvenile court. “Conviction” does not include a juvenile court adjudication described in this subparagraph if the person successfully asserted the defense set forth in ORS 419C.522 (Qualifying mental disorder as affirmative defense) .

(B) A conviction in another jurisdiction for a crime that if committed in this state would constitute a crime listed in subsection (4) of this section.

(b) “Previous conviction” means a conviction that was entered prior to imposing sentence on the current crime provided that the prior conviction is based on a crime committed in a separate criminal episode. “Previous conviction” does not include a conviction for a Class C felony, including an attempt or solicitation to commit a Class B felony, or a misdemeanor, unless the conviction was entered within the 10-year period immediately preceding the date on which the current crime was committed.

(c) “Significant physical injury” means a physical injury that:

(A) Creates a risk of death that is not a remote risk;

(B) Causes a serious and temporary disfigurement;

(C) Causes a protracted disfigurement; or

(D) Causes a prolonged impairment of health or the function of any bodily organ. [1997 c.852 §1; 1999 c.614 §3; 1999 c.954 §2; 2001 c.851 §5; 2005 c.843 §22; 2011 c.291 §3; 2019 c.553 §13; 2019 c.634 §23]

Note: 137.712 (Exceptions to ORS 137.700 and 137.707) 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 137.712 — Exceptions to ORS 137.700 and 137.707 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131a.090 — OR Code / Title 14 / Chapter 131a / Section 131a.090
131A.090 Forfeiture trust accounts
Status: in_force

(1) Except for currency with collector value, all money seized for forfeiture, together with all money received from the sale, lease, rental or operation of seized property, shall be immediately deposited in an insured interest-bearing forfeiture trust account or accounts maintained by the seizing or forfeiting agency exclusively for this purpose. Cash may be retained as evidence in a criminal proceeding, but must be deposited in a trust account or trust accounts immediately after the cash is no longer needed as evidence.

(2) Subject to any court order, amounts deposited in a forfeiture trust account, or held in an account in a financial institution under ORS 131A.080 (Care and custody of seized property generally) (3), including interest on those amounts, shall be disbursed as follows:

(a) If forfeiture proceedings are abandoned, or if the court ultimately fails to enter a judgment of forfeiture, the amount of the account shall be disbursed by the seizing or forfeiting agency to the person from whom the property was seized.

(b) If a judgment of forfeiture is entered, but parties other than the forfeiting agency establish rights to portions of the amount deposited in the account that are in the aggregate equal to or larger than the amount in the account, the account shall be disbursed by the forfeiting agency to the parties in the order of the priority of their claims.

(c) If a judgment of forfeiture is entered, and the total amount in the account is greater than the amount needed to satisfy the interests of security interest holders, lienholders and other claimants, the balance remaining after payment to those claimants shall be retained by the forfeiting agency for distribution as required by ORS 131A.360 (Distribution of forfeiture proceeds by local government) and 131A.365 (Distribution of forfeiture proceeds by state) . [2009 c.78 §15]

Source: Section 131A.090 — Forfeiture trust accounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.620 — OR Code / Title 14 / Chapter 137 / Section 137.620
137.620 Powers of parole and probation officers
Status: in_force

(1) As used in this section, “parole and probation officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(2) Parole and probation officers of the Department of Corrections or a county community corrections agency and those appointed by the court have the powers of peace officers in the execution of their duties, but are not active members of the regular police force. Each parole and probation officer appointed by the court, before entering on the duties of office, shall take an oath of office. Each parole and probation officer who collects or has custody of money shall execute a bond in a penal sum to be fixed by the court, with sufficient sureties approved thereby, conditioned for the honest accounting of all money received by the parole and probation officer as a parole and probation officer. The accounts of all parole and probation officers are subject to audit at any time by the proper fiscal authorities. [Amended by 1973 c.836 §275; 1987 c.320 §41; 2005 c.264 §1]

Source: Section 137.620 — Powers of parole and probation officers; oath of office; bond; audit of accounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 146.750 — OR Code / Title 14 / Chapter 146 / Section 146.750
146.750 Injuries to be reported to law enforcement agency
Status: in_force

(1) Except as required in subsection (3) of this section, a physician, including an intern and resident, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , a naturopathic physician licensed under ORS chapter 685 or a registered nurse licensed under ORS chapter 678, who has reasonable cause to suspect that a person brought to the physician, physician assistant, naturopathic physician or registered nurse or coming before the physician, physician assistant, naturopathic physician or registered nurse for examination, care or treatment has had injury inflicted upon the person other than by accidental means, shall report or cause reports to be made in accordance with the provisions of subsection (2) of this section.

(2) An oral report must be made immediately by telephone or otherwise, and followed as soon thereafter as possible by a report in writing, to an appropriate law enforcement agency.

(3) When an injury, or abuse as defined in ORS 419B.005 (Definitions) , occurs to an unmarried person who is under 18 years of age, the provisions of ORS 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information) apply. [1965 c.472 §§3,4; 1967 c.545 §6; 1971 c.401 §9; 1971 c.451 §12; 1973 c.408 §28; 1975 c.644 §1; 1993 c.546 §99; 2011 c.347 §1; 2014 c.45 §26; 2017 c.356 §18]

Source: Section 146.750 — Injuries to be reported to law enforcement agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 136.583 — OR Code / Title 14 / Chapter 136 / Section 136.583
136.583 Seizure or production of papers, documents or records from recipient
Status: in_force

(1) Notwithstanding ORS 136.557 (Issuance of subpoena by magistrate for witnesses at preliminary examination) , 136.563 (Issuance of subpoena by district attorney for witnesses before grand jury) , 136.565 (Issuance of subpoena by district attorney for witnesses at trial) or 136.567 (Issuance of subpoena for witnesses for defendant) and subject to ORS 136.580 (Subpoenas when books, papers or documents are required) (2), criminal process authorizing or commanding the seizure or production of papers, documents, records or other things may be issued to a recipient, regardless of whether the recipient or the papers, documents, records or things are located within this state, if:

(a) The criminal matter is triable in Oregon under ORS 131.205 (Definition for ORS 131.205 to 131.235) to 131.235 (Criminal homicide) ; and

(b) The exercise of jurisdiction over the recipient is not inconsistent with the Constitution of this state or the Constitution of the United States.

(2) Criminal process that authorizes or commands the seizure or production of papers, documents, records or other things from a recipient may be served by:

(a) Delivering a copy to the recipient personally; or

(b) Sending a copy by:

(A) Certified or registered mail, return receipt requested;

(B) Express mail; or

(C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery.

(3) When criminal process is served under subsection (2) of this section, the recipient shall provide the applicant, or if the process is described in ORS 136.447 (Medical records) or 136.580 (Subpoenas when books, papers or documents are required) (2), the court, with all of the papers, documents, records or other things described in the criminal process within 20 business days from the date the criminal process is received, unless:

(a) The court, for good cause shown, includes in the process a requirement for production within a period of time that is less than 20 business days;

(b) The court, for good cause shown, extends the time for production to a period of time that is more than 20 business days; or

(c) The applicant consents to a request from the recipient for additional time to comply with the process.

(4) A recipient who seeks to quash or otherwise challenge the criminal process must seek relief from the court that issued the process within the time required for production. The court shall hear and decide the issue as soon as practicable. The consent of the applicant to additional time to comply with the process under subsection (3)(c) of this section does not extend the date by which a recipient must seek relief under this subsection.

(5) Criminal process issued under this section must contain a notice on the first page of the document that indicates:

(a) That the process was issued under this section;

(b) The date before which the recipient must respond to the process; and

(c) That the deadline for seeking relief is not altered by the applicant’s consent to additional time to respond to the process.

(6) Upon order of the court or the written request of the applicant, the recipient of the process shall verify the authenticity of the papers, documents, records or other things that the recipient produces in response to the criminal process by providing an affidavit or declaration that includes contact information for the custodian or other qualified person completing the document and attests to the nature of the papers, documents, records or other things. An affidavit or declaration that complies with this subsection may fulfill the requirements of ORS 40.460 (Rule 803. Hearsay exceptions) (6), 40.505 (Rule 901. Requirement of authentication or identification) and 132.320 (Consideration of evidence) .

(7) A party that intends to offer a paper, document, record or other thing into evidence under this section must file written notice of that intention with the court and must disclose the affidavit or declaration sufficiently in advance of offering the paper, document, record or other thing into evidence to provide the adverse party with an opportunity to challenge the affidavit or declaration and to have that challenge determined without prejudice to the ability of the moving party to produce the custodian or other qualified person at trial. A motion opposing admission of the paper, document, record or other thing into evidence must be filed and determined by the court before trial and with sufficient time to allow the party offering the paper, document, record or other thing, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating a hardship on the party or the custodian or other qualified person.

(8) Failure by a party that receives notice under subsection (7) of this section to timely file a motion opposing admission of the paper, document, record or other thing constitutes a waiver of objection to the admission of the evidence on the basis of the insufficiency of the affidavit or declaration unless the court finds good cause to grant relief from the waiver. If the court grants relief from the waiver, the court shall order the trial continued upon the request of the proponent of the evidence and allow the proponent sufficient time to arrange for the necessary witness to appear.

(9) A recipient of criminal process under this section or any individual that responds to the process is immune from civil and criminal liability for complying with the process and for any failure to provide notice of any disclosure to a person who is the subject of, or identified in, the disclosure.

(10) Nothing in this section limits the authority of a court to issue criminal process under any other provision of law or prohibits a party from calling the custodian of the evidence or other qualified person to testify regarding the evidence.

(11) As used in this section:

(a) “Applicant” means:

(A) A police officer or district attorney who applies for a search warrant or other court order or seeks to issue a subpoena under this section; or

(B) A defense attorney who applies for a court order or seeks to issue a subpoena under this section.

(b) “Criminal process” means a subpoena, search warrant or other court order.

(c) “Declaration” means a declaration under penalty of perjury under ORCP 1 E or an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act) , if the declarant is physically outside the boundaries of the United States.

(d) “Defense attorney” means an attorney of record for a person charged with a crime who is seeking the issuance of criminal process for the defense of the criminal case.

(e) “Recipient” means a business entity or nonprofit entity that has conducted business or engaged in transactions occurring at least in part in this state. [2009 c.617 §1; 2013 c.218 §17]

Note: 136.583 (Seizure or production of papers, documents or records from recipient) was enacted into law by the Legislative Assembly but was 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 136.583 — Seizure or production of papers, documents or records from recipient; notice; authentication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.450 — OR Code / Title 14 / Chapter 147 / Section 147.450
147.450 Definitions
Status: in_force

As used in ORS 147.450 (Definitions) to 147.471 (Advisory council) :

(1) “Domestic violence” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290) and includes teen dating violence.

(2) “Sexual assault” means any unwanted sexual contact as defined in ORS 163.305 (Definitions) .

(3) “Teen dating violence” means:

(a) A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age; or

(b) Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age. [2001 c.870 §23; 2007 c.71 §40; 2012 c.69 §2]

Note: 147.450 (Definitions) to 147.471 (Advisory council) were enacted into law by the Legislative Assembly but were 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 147.450 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.855 — OR Code / Title 14 / Chapter 131 / Section 131.855
131.855 Appointment of special officers on finding that laws are not enforced
Status: in_force

If it is found that the criminal laws of the state are not being faithfully executed and enforced by the officers under investigation, the Governor may appoint, for a period not longer than 90 days, such special officers as may be necessary to correct the failure to execute or enforce the criminal laws. [Formerly 148.150]

Source: Section 131.855 — Appointment of special officers on finding that laws are not enforced , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.651 — OR Code / Title 14 / Chapter 137 / Section 137.651
137.651 Definitions for ORS 137.654, 137.656 and 137.658
Status: in_force

As used in ORS 137.654 (Oregon Criminal Justice Commission) , 137.656 (Purpose and duties of commission) and 137.658 (Authority of chairperson to create committees within commission) :

(1) “Commission” means the Oregon Criminal Justice Commission.

(2) “Criminal justice system” includes all activities and agencies, whether state or local, public or private, pertaining to the prevention, prosecution and defense of offenses, the disposition of offenders under the criminal law and the disposition or treatment of juveniles adjudicated to have committed an act which, if committed by an adult, would be a crime. The “criminal justice system” includes police, public prosecutors, defense counsel, courts, correction systems, mental health agencies, crime victims and all public and private agencies providing services in connection with those elements, whether voluntarily, contractually or by order of a court. [1985 c.558 §1; 1995 c.420 §4; 1997 c.433 §1]

Note: 137.651 (Definitions for ORS 137.654, 137.656 and 137.658) to 137.673 (Validity of rules) 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 137.651 — Definitions for ORS 137.654, 137.656 and 137.658 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.500 — OR Code / Title 14 / Chapter 144 / Section 144.500
144.500 Effect of violation or unexcused absence by enrollee
Status: in_force

(1) If a person enrolled, or assigned to participate, in the work release program violates any law, or any rule or specific condition applicable to the person under ORS 144.450 (Approval or rejection of recommendations) , the Department of Corrections may immediately terminate that person’s enrollment in, or assignment to, the work release program and transfer the person to a Department of Corrections institution for the remainder of the sentence.

(2) Absence, without a reason that is acceptable to the Director of the Department of Corrections, of a person enrolled in, or assigned to, a work release program from the place of employment, work assignment or designated quarters, at any time contrary to the rules or specific conditions applicable to the person under ORS 144.450 (Approval or rejection of recommendations) :

(a) Immediately terminates the enrollment of the person in, or assignment of the person to, the work release program.

(b) Constitutes an escape from a correctional facility under ORS 162.155 (Escape in the second degree) . [1965 c.463 §§16,17; 1971 c.743 §340; 1987 c.320 §74; 1995 c.384 §9]

Source: Section 144.500 — Effect of violation or unexcused absence by enrollee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.425 — OR Code / Title 14 / Chapter 136 / Section 136.425
136.425 Confessions and admissions
Status: in_force

(1) A confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats.

(2) Except as provided in ORS 136.427 (Confessions) , a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.

(3) Evidence of a defendant’s conduct in relation to a declaration or act of another, in the presence and within the observation of the defendant, cannot be given when the defendant’s conduct occurred while the defendant was in the custody of a peace officer unless the defendant’s conduct affirmatively indicated the belief of the defendant in the truth of the matter stated or implied in the declaration or act of the other person. [Formerly 136.540; 2009 c.875 §1]

Source: Section 136.425 — Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.660 — OR Code / Title 14 / Chapter 144 / Section 144.660
144.660 Report to legislature by Governor
Status: in_force

The Governor shall report to the Legislative Assembly in the manner provided in ORS 192.245 (Form of report to legislature) each reprieve, commutation or pardon granted since the previous report to the Legislative Assembly required by this section. The report shall include, but not be limited to the reason for granting the reprieve, commutation or pardon, the name of the applicant, the crime of which the applicant was convicted, the sentence and its date, statements by the victim of the crime or any member of the victim’s immediate family, as defined in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) , a statement by the district attorney where the conviction was had, photos of the victim, the autopsy report, if applicable, and the date of the commutation, pardon or reprieve. The Governor shall communicate a like statement of particulars in relation to each case of remission of a penalty or forfeiture, with the amount remitted. [Formerly 143.050; 1995 c.805 §2]

Source: Section 144.660 — Report to legislature by Governor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.563 — OR Code / Title 14 / Chapter 136 / Section 136.563
136.563 Issuance of subpoena by district attorney for witnesses before grand jury
Status: in_force

The district attorney may issue subpoenas subscribed by the district attorney for witnesses within the state in support of the prosecution or for such other witnesses as the grand jury directs to appear before the grand jury upon an investigation pending before it. [Formerly 139.030]

Source: Section 136.563 — Issuance of subpoena by district attorney for witnesses before grand jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.897 — OR Code / Title 14 / Chapter 131 / Section 131.897
131.897 Authority to order repayment of reward as part of sentence
Status: in_force

(1) In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse to a person, organization, association or public body or officer, any sum or portion thereof offered and paid by the person, organization, association or public body or officer under ORS 131.885 (Offer of reward) to 131.895 (Procedure for payment) , as a reward for information leading to the apprehension of the defendant. Reimbursement under this section shall be ordered paid into the court, for further transfer by the clerk to the person, organization, association or public body or officer entitled to it.

(2) In determining whether to order reimbursement under this section, the court shall take into account:

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

(b) The ability of the defendant to make reimbursement on an installment basis or on other conditions to be fixed by the court. [1981 c.300 §4; 1987 c.905 §13; 1993 c.543 §3; 1995 c.461 §2; 1999 c.217 §4; 2011 c.597 §121]

Source: Section 131.897 — Authority to order repayment of reward as part of sentence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 153.102 — OR Code / Title 14 / Chapter 153 / Section 153.102
153.102 Entry
Status: in_force

(1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 (Appearance by defendant) within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the complaint and any other evidence the judge determines appropriate.

(2) If the defendant makes a first appearance in the manner required by ORS 153.061 (Appearance by defendant) within the time allowed and requests a trial, and the defendant subsequently fails to appear at the date, time and place set for any trial or other appearance in the matter, and if a trial is not otherwise required by the court or by law, the court shall enter a judgment based on the complaint and any other evidence the judge determines appropriate. [1999 c.1051 §24]

Source: Section 153.102 — Entry; default cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 144.040 — OR Code / Title 14 / Chapter 144 / Section 144.040
144.040 Board to determine parole and post-prison supervision violations
Status: in_force

The State Board of Parole and Post-Prison Supervision shall determine whether violation of conditions of parole or post-prison supervision exists in specific cases. [Amended by 1955 c.688 §3; 1969 c.597 §108; 1973 c.836 §284; 1989 c.790 §24]

Source: Section 144.040 — Board to determine parole and post-prison supervision violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.585 — OR Code / Title 14 / Chapter 131 / Section 131.585
131.585 Extent of judgment
Status: in_force

(1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.

(2) With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider:

(a) Whether the property constitutes the defendant’s lawful livelihood or means of earning a living.

(b) Whether the property is the defendant’s residence.

(c) The degree of relationship between the property and the prohibited conduct, including the extent to which the property facilitated the prohibited conduct or could facilitate future prohibited conduct.

(d) The monetary value of the property in relation to the risk of injury to the public from the prohibited conduct.

(e) The monetary value of the property in relation to the actual injury to the public from the prohibited conduct.

(f) The monetary value of the property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including:

(A) The inherent gravity of the prohibited conduct;

(B) The potential sentence for similar prohibited conduct under Oregon law;

(C) The defendant’s prior criminal history; and

(D) The sentence actually imposed on the defendant.

(g) Any additional relevant evidence. [2005 c.830 §13]

Source: Section 131.585 — Extent of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131a.405 — OR Code / Title 14 / Chapter 131a / Section 131a.405
131A.405 Liability of seizing agencies, forfeiting agencies and forfeiture counsel
Status: in_force

(1) Seizing agencies, forfeiting agencies and forfeiture counsel are not civilly or criminally liable for any acts in seizing or forfeiting property under the provisions of this chapter if there was reasonable suspicion that the property was subject to seizure or forfeiture. An order directing seizure issued under ORS 131A.060 (Seizure with court order) shall constitute a finding of reasonable suspicion that the property was subject to forfeiture. The immunity provided by this section extends to all officers, employees and agents of seizing agencies, forfeiting agencies and forfeiture counsel.

(2) Nothing in this section affects any liability that may be imposed under the provisions of section 10 (14), Article XV of the Oregon Constitution. [2009 c.78 §47]

Source: Section 131A.405 — Liability of seizing agencies, forfeiting agencies and forfeiture counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.661 — OR Code / Title 14 / Chapter 137 / Section 137.661
137.661 Agency cooperation with commission
Status: in_force

All officers, boards, commissions and other agencies of the State of Oregon shall cooperate with the Oregon Criminal Justice Commission to accomplish the duties imposed upon the Oregon Criminal Justice Commission. [1985 c.558 §6; 1995 c.420 §5]

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

Source: Section 137.661 — Agency cooperation with commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.776 — OR Code / Title 14 / Chapter 136 / Section 136.776
136.776 Effect of waiver of right to jury trial
Status: in_force

When a defendant waives the right to a jury trial on the issue of guilt or innocence, the waiver constitutes a written waiver of the right to a jury trial on all enhancement facts whether related to the offense or the defendant. [2005 c.463 §5]

Note: See note under 136.765 (Notice to defendant) .

Source: Section 136.776 — Effect of waiver of right to jury trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.295 — OR Code / Title 14 / Chapter 138 / Section 138.295
138.295 Stay of judgment or order on appeal by state
Status: in_force

An appeal taken by the state stays the effect of the judgment or order in favor of the defendant, so that the release agreement and, if applicable, the security for release, is held for the appearance and surrender of the defendant until the final determination of the appeal and the proceedings consequent thereon, if any; but if the defendant is in custody, the defendant may be released by the court subject to ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) , pending the appeal. [Formerly 138.160]

Source: Section 138.295 — Stay of judgment or order on appeal by state; release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 144.349 — OR Code / Title 14 / Chapter 144 / Section 144.349
144.349 When ORS 144.343 does not apply
Status: in_force

When an alleged parole or post-prison supervision violator is in custody in a state to which the alleged parole or post-prison supervision violator has not been paroled or released or in federal custody, ORS 144.343 (Hearing required on revocation) does not apply. [1973 c.694 §16; 1989 c.790 §43]

Source: Section 144.349 — When ORS 144.343 does not apply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.397 — OR Code / Title 14 / Chapter 147 / Section 147.397
147.397 Payment of costs
Status: in_force

(1) Subject to the availability of funds from gifts, grants and donations in the Sexual Assault Victims’ Emergency Medical Response Fund, the Department of Justice shall pay the costs of:

(a) A complete medical assessment obtained by the victim of a sexual assault if the victim obtains the medical assessment no later than 84 hours after the sexual assault.

(b) A partial medical assessment obtained by the victim of a sexual assault if the victim obtains the medical assessment no later than seven days after the sexual assault.

(2) The department may not deny payment under this section for any of the following reasons:

(a) The victim of a sexual assault has not reported the assault to a law enforcement agency.

(b) The identity of a victim of a sexual assault is not readily available to the department because forensic evidence has been collected from the victim and preserved in a manner intended to protect the victim’s identity.

(3) The department shall develop a form that the victim of a sexual assault must complete if the victim wants the department to pay for a medical assessment as provided in subsection (1) of this section. The department shall make copies of the form available to providers of medical assessments. The form must inform the victim that:

(a) A complete or partial medical assessment can be obtained regardless of whether the victim reports the assault to a law enforcement agency; and

(b) A complete or partial medical assessment can be performed and evidence collected in a manner intended to protect the victim’s identity.

(4) When the victim of a sexual assault completes the form developed by the department under subsection (3) of this section, the victim shall submit the form to the provider of the medical assessment. The provider shall submit the form with a bill for the medical assessment to the department. A provider who submits a bill under this subsection may not bill the victim or the victim’s insurance carrier for the medical assessment except to the extent that the department is unable to pay the bill due to lack of funds or declines to pay the bill.

(5) Providers of medical assessments that seek reimbursement under this section shall:

(a) Maintain records of medical assessments that protect the identity of victims of sexual assault and keep confidential the identity of victims who have not reported the sexual assault to a law enforcement agency;

(b) Store sexual assault forensic evidence kits and transfer custody of the kits to a law enforcement agency having jurisdiction over the geographic area where the provider is located; and

(c) Cooperate with law enforcement agencies to develop and implement procedures that protect the identities of victims while allowing retrieval and assessment of sexual assault forensic evidence kits and related evidence.

(6) Law enforcement agencies that receive evidence as provided by subsection (5) of this section shall preserve:

(a) A sexual assault forensic evidence kit for no less than 60 years after collection of the evidence; and

(b) Any related evidence for at least six months.

(7) A provider may not charge the department more for a complete medical assessment or a partial medical assessment than the maximum amounts established by the department by rule for the assessments.

(8) The victim of a sexual assault may obtain a medical assessment and complete and submit a form under this section regardless of whether the victim reports the sexual assault to a law enforcement agency.

(9) This section does not require the department to pay any costs of treatment for injuries resulting from the sexual assault.

(10) The department shall create, and make available to medical assessment providers, informational materials describing the services payable by the fund as described in subsection (1) of this section. A provider shall ensure that the informational materials are made available to sexual assault victims.

(11) The department may adopt rules necessary to carry out the provisions of this section. [2003 c.789 §2; 2007 c.268 §2; 2018 c.120 §2]

Note: See note under 147.395 (Definitions) .

Source: Section 147.397 — Payment of costs; form; provider reimbursement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.015 — OR Code / Title 14 / Chapter 131 / Section 131.015
131.015 Application to prior and subsequent actions
Status: in_force

(1) The provisions of chapter 836, Oregon Laws 1973, apply to:

(a) All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and

(b) All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974.

(2) The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 §2]

Note: See note under 131.005 (General definitions) .

Source: Section 131.015 — Application to prior and subsequent actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.415 — OR Code / Title 14 / Chapter 147 / Section 147.415
147.415 Severability
Status: in_force

If any section, portion, clause or phrase of chapter 2, Oregon Laws 1987, is for any reason held to be invalid or unconstitutional, the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force in effect. [1987 c.2 §18]

Note: See note under 147.405 (Short title) .

Source: Section 147.415 — Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.335 — OR Code / Title 14 / Chapter 147 / Section 147.335
147.335 Compensation rights not to survive beneficiary
Status: in_force

The rights to compensation created by ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) are personal and shall not survive the death of the person or beneficiary eligible therefor. However, if such death occurs after an application for compensation has been filed with the Department of Justice, the proceeding shall not abate, but may be continued by the legal representative of the decedent’s estate. [1977 c.376 §19; 1991 c.862 §9; 2012 c.81 §19]

Source: Section 147.335 — Compensation rights not to survive beneficiary; death of beneficiary after filing of application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.125 — OR Code / Title 14 / Chapter 135 / Section 135.125
135.125 Examination of defendant’s witnesses
Status: in_force

After the waiver of the defendant to make a statement or after the defendant has made it, the witnesses of the defendant, if the defendant produces any, shall be sworn and examined. [Formerly 133.720]

Source: Section 135.125 — Examination of defendant’s witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131a.035 — OR Code / Title 14 / Chapter 131a / Section 131a.035
131A.035 Seizure of currency
Status: in_force

Notwithstanding any other provision of this chapter, United States currency in an amount less than $15,000 may not be seized for forfeiture solely on the basis that the money is in the form of cash rather than some other form. [2009 c.78 §6]

Source: Section 131A.035 — Seizure of currency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 132.270 — OR Code / Title 14 / Chapter 132 / Section 132.270
132.270 Release and use of recording, transcript, notes or report
Status: in_force

(1) Audio recordings and the notes or report of a shorthand reporter produced pursuant to ORS 132.250 (District attorney to ensure proceedings are recorded) and 132.260 (Recording of testimony required) are confidential and may not be released except as described in this section.

(2) When an indictment resulting from grand jury proceedings is indorsed “a true bill,” the audio recording or the notes or report of a shorthand reporter of the grand jury proceedings may be released only in the following manner:

(a) The prosecuting attorney may access a copy of the audio recording or the notes or report of a shorthand reporter at any time.

(b) When the defendant has been arraigned on the indictment and is represented by an attorney, the district attorney shall:

(A) Provide a copy to the defense attorney of all audio recordings, or the notes or report of a shorthand reporter, related to an indictment after 10 days have passed since the defendant’s arraignment on the indictment and no motion described in subsection (4) of this section has been filed; or

(B) Provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to the defense attorney in accordance with the court’s ruling on the motion described in subsection (4) of this section, if a motion has been filed.

(c) Unless the court orders otherwise for good cause shown, the prosecuting attorney and the defense attorney may not copy, disseminate or republish the audio recording, the notes or report of a shorthand reporter, or a transcript prepared from the audio recording, notes or report, released pursuant to this subsection, except to provide a copy to an agent of the prosecuting attorney or defense attorney for the limited purpose of case preparation. Unless a court orders otherwise for good cause shown, in consulting with the defendant the defense attorney may not disclose to the defendant:

(A) Any personal identifiers of a victim, witness or grand juror obtained from the audio recording, report, notes or transcript; or

(B) Any portion of the audio recording, report, notes or transcript that contains any personal identifiers of a victim, witness or grand juror.

(d) The defense attorney may not provide a copy of the audio recording, notes or report, or a transcript prepared from the audio recording, notes or report, to the defendant.

(e) When the defendant has been arraigned but is not represented by an attorney, the defendant may request by motion that the court issue an order allowing the defendant access to review the contents of the audio recording or the notes or report of the shorthand reporter. A copy of the motion must be provided to the prosecuting attorney. The prosecuting attorney may request a hearing on the motion within 10 days after receiving a copy. At the hearing, or in response to receiving the motion, the court shall appoint counsel for the defendant for the limited purpose of reviewing the audio recording, notes or report and may set reasonable conditions on the review of the audio recording, notes or report.

(3) Intentionally left blank —Ed.

(a) When a grand jury inquires into the conduct of a public servant as defined in ORS 162.005 (Definitions for ORS 162.005 to 162.425) for acts occurring in the performance of the public servant’s duties, and an indictment resulting from the grand jury proceedings is indorsed “not a true bill”:

(A) The public servant or the prosecuting attorney may file a motion requesting a court order releasing all or a portion of a transcript of the grand jury proceedings. A copy of the motion must be served on the opposing party. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript.

(B) A member of the public may file a motion requesting a court order for production and release of a transcript of the grand jury proceedings. A copy of the motion must be served on the prosecuting attorney and the public servant’s attorney, or the public servant if the public servant is not represented by an attorney. The person filing the motion is responsible for the cost of producing the transcript and a court order for production and release of the transcript must be conditioned on receipt of payment. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript.

(b) The release of any transcript under this subsection may not include:

(A) The release of any personal identifiers of a victim or witness; or

(B) The release of the name or any personal identifiers of a grand juror.

(4) Intentionally left blank —Ed.

(a) A motion for a protective order concerning an audio recording, the notes or report of a shorthand reporter or a transcript of grand jury proceedings may be filed as follows:

(A) The prosecuting attorney may file a motion for a protective order within 10 days after the defendant’s arraignment on the indictment. The motion may be filed on behalf of a victim or a witness. The prosecuting attorney shall inform the victim of the ability to seek a protective order.

(B) The prosecuting attorney may file a motion for a protective order within 10 days after receiving a motion described in subsection (2)(e) of this section.

(C) The prosecuting attorney, the public servant who is the subject of an indictment indorsed “not a true bill” or the public servant’s attorney may file a motion for a protective order within 10 days of receiving a motion described in subsection (3)(a) of this section.

(b) If the motion for a protective order requests that a portion of the audio recording, notes, report or transcript be redacted, the motion must be accompanied by a specific description, including the date and time, of the portion of the audio recording, notes, report or transcript to be redacted.

(c) In response to a motion filed under this subsection, the court may order that the access of the person requesting release to a copy of the audio recording, notes, report or transcript be denied, restricted or deferred, or may make any other order, upon a finding of substantial and compelling circumstances. In deciding whether to grant the motion and enter a protective order under this paragraph, the court may consider the following:

(A) Protection of witnesses and others from physical harm, threats of harm, bribes, economic interference, reprisal and other forms of intimidation;

(B) Maintenance of secrecy regarding informants, as required for effective investigation of criminal activity;

(C) Confidential information recognized under law, including the protection of confidential relationships and privileges and the contents of confidential records unrelated to a crime alleged in the indictment; and

(D) Any other relevant considerations.

(d) The court may permit the evidence of substantial and compelling circumstances described in paragraph (c) of this subsection to be made in the form of a written statement to be inspected by the court only or by oral testimony given on the record.

(5) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, when grand jury proceedings do not result in an indictment indorsed as either “a true bill” or “not a true bill,” the audio recording or notes or report of the shorthand reporter produced pursuant to ORS 132.250 (District attorney to ensure proceedings are recorded) and 132.260 (Recording of testimony required) may not be disclosed or released.

(b) When subsequent grand jury proceedings occur inquiring into the same criminal episode as the grand jury proceedings described in paragraph (a) of this subsection, and the subsequent proceedings result in an indictment indorsed as “a true bill,” the prosecuting attorney shall provide notice to the person charged in the indictment of the occurrence of the earlier grand jury proceedings. After the person is arraigned on the indictment and the time period described in subsection (2)(b) of this section has passed, the audio recording or the notes or report of the shorthand reporter produced during the earlier grand jury proceedings may be obtained in the manner set forth in subsection (2) of this section.

(c) As used in this subsection, “criminal episode” has the meaning given that term in ORS 131.505 (Definitions for ORS 131.505 to 131.525) .

(6) The district attorney of each county may establish a fee for the cost of providing a copy of any audio recording, or the notes or report of a shorthand reporter, of a grand jury proceeding to a person requesting a copy under this section.

(7) An audio recording, the notes or report of a shorthand reporter or a transcript of a grand jury proceeding obtained pursuant to this section and ORS 132.250 (District attorney to ensure proceedings are recorded) and 132.260 (Recording of testimony required) :

(a) May not be used as evidence in any subsequent proceeding, except as permitted under ORS 40.375 (Rule 612. Writing used to refresh memory) , 40.380 (Rule 613. Prior statements of witnesses) , 40.450 (Rule 801. Definitions for ORS 40.450 to 40.475) , 40.460 (Rule 803. Hearsay exceptions) or 40.465 (Rule 804. Hearsay exceptions when the declarant is unavailable) .

(b) May not be used to challenge the indorsement of an indictment “a true bill” or the proceedings that led to the indorsement.

(c) May be used as evidence in a prosecution for perjury or false swearing committed by a witness while giving testimony during the grand jury proceeding or during trial.

(d) May be used as evidence in a proceeding for contempt of court against a person alleged to have violated the terms of a court order concerning the audio recording, notes, report or transcript.

(e) May be submitted to the court and used as evidence for a hearing on a protective order described in subsection (4) of this section.

(8) The release of audio recordings, shorthand reporter notes or reports or transcripts of grand jury proceedings under this section does not affect discovery obligations under ORS 135.805 (Applicability) to 135.873 (Protective orders) .

(9) As used in this section:

(a) “Personal identifiers” means:

(A) In relation to a witness or a grand juror, the person’s address, telephone number, driver license, vehicle registration information, Social Security number, date of birth and the identifying number of the person’s depository account at a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , or credit card account.

(B) In relation to a victim, the victim’s address, electronic mail address, telephone number, driver license, vehicle registration information, Social Security number, date of birth, any user names or other identifying information associated with the victim’s social media accounts and the identifying number of the victim’s depository account at a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , or credit card account.

(b) “Social media” has the meaning given that term in ORS 659A.330 (Employee social media account privacy) . [2017 c.650 §3; 2017 c.650 §11]

Source: Section 132.270 — Release and use of recording, transcript, notes or report; protective orders; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 131.865 — OR Code / Title 14 / Chapter 131 / Section 131.865
131.865 Compensation of special officers
Status: in_force

The special officers provided for in ORS 131.855 (Appointment of special officers on finding that laws are not enforced) shall receive a compensation for the time they are appointed equal to that provided for the regularly elected officers, the compensation to be paid in the same manner as the regular officers are paid. [Formerly 148.170]

Source: Section 131.865 — Compensation of special officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 138.665 — OR Code / Title 14 / Chapter 138 / Section 138.665
138.665 Remand for reconsideration of judgment or order
Status: in_force

(1) Upon joint motion of the parties to an appeal in a post-conviction relief proceeding, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the circuit court to reconsider the judgment or order. Upon remand, the circuit court shall have jurisdiction to enter a revised judgment or order.

(2) After entry of a modified judgment or order on reconsideration, or upon reentry of the original judgment or order, either party may appeal in the same time and manner as an appeal from the original judgment or order. [2015 c.12 §1]

Note: 138.665 (Remand for reconsideration of judgment or order) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 138.665 — Remand for reconsideration of judgment or order; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 132.557 — OR Code / Title 14 / Chapter 132 / Section 132.557
132.557 Indictment must contain subcategory facts under certain circumstances
Status: in_force

(1) When a person is charged with a crime committed on or after November 1, 1989, that includes subcategories under the rules of the Oregon Criminal Justice Commission, the state is required to plead specially in the indictment, in addition to the elements of the crime, any subcategory fact on which the state intends to rely to enhance the crime for sentencing purposes. The state shall plead the elements and subcategory facts in a single count. Nothing in this subsection precludes the pleading of alternative theories.

(2) The state must prove each subcategory fact beyond a reasonable doubt and the jury shall return a special verdict of “yes” or “no” on each subcategory fact submitted. [1995 c.520 §6]

Note: 132.557 (Indictment must contain subcategory facts under certain circumstances) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 132 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 132.557 — Indictment must contain subcategory facts under certain circumstances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 147.405 — OR Code / Title 14 / Chapter 147 / Section 147.405
147.405 Short title
Status: in_force

Chapter 2, Oregon Laws 1987, shall be known as the “CRIME VICTIMS’ BILL OF RIGHTS.” [1987 c.2 §1]

Note: Legislative Counsel has substituted “chapter 2, Oregon Laws 1987,” for the words “this Act” in sections 1, 2 and 18, chapter 2, Oregon Laws 1987, compiled as 147.405 (Short title) , 147.410 (Purpose) and 147.415 (Severability) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . These sections may be determined by referring to the 1987 Comparative Section Table located in Volume 22 of ORS.

Source: Section 147.405 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.785 — OR Code / Title 14 / Chapter 135 / Section 135.785
135.785 Surrender of custody under ORS 135.775
Status: in_force

The official in charge of a Department of Corrections institution in this state shall give over the person of any adult in custody thereof whenever so required by the operation of the Agreement on Detainers. [Formerly 134.645; 1987 c.320 §21; 2019 c.213 §21]

Source: Section 135.785 — Surrender of custody under ORS 135.775 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.717 — OR Code / Title 14 / Chapter 135 / Section 135.717
135.717 Time of crime
Status: in_force

The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a material element in the offense. [Formerly 132.610]

Source: Section 135.717 — Time of crime , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.623 — OR Code / Title 14 / Chapter 136 / Section 136.623
136.623 Definitions
Status: in_force

(1) “Witness,” as used in ORS 136.623 (Definitions) to 136.637 (Short title) , shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.

(2) The word “state” shall include any territory of the United States and District of Columbia.

(3) The word “summons” shall include a subpoena, order or other notice requiring the appearance of a witness. [Formerly 139.210]

Source: Section 136.623 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131a.225 — OR Code / Title 14 / Chapter 131a / Section 131a.225
131A.225 Forfeiture actions generally
Status: in_force

(1) A civil forfeiture action in rem may be brought as provided in this section in any case in which forfeiture is sought. A civil forfeiture action must be brought if:

(a) The property is real property;

(b) The property is in whole or part a manufactured dwelling as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) ;

(c) The property is a floating home as defined in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870) ;

(d) A claim has been made for the property under ORS 131A.165 (Claims) ; or

(e) A person, other than a person who is believed by the forfeiting agency to have engaged in prohibited conduct, is known to have an interest in the property.

(2) If a claim has been made for seized property under ORS 131A.165 (Claims) , forfeiture counsel must commence a forfeiture action not more than 15 days after receipt of the claim. In all other cases, a forfeiture action must be commenced by forfeiture counsel within 30 days after seizure of the property.

(3) If the property to be forfeited is real property, the forfeiture action must be commenced in the circuit court for a county in which the property is situated. In all other cases, the forfeiture action must be commenced in the circuit court for the county in which the property was seized, or in the circuit court for the county in which any part of the prohibited conduct took place.

(4) A forfeiture action is commenced by filing a complaint. A copy of the inventory prepared under ORS 131A.055 (Inventory and receipt) must be attached to the complaint. The complaint need only allege that there is probable cause for seizure of the property or that a court order was issued under ORS 131A.060 (Seizure with court order) , and need not allege that any claimant has been convicted of a crime. A complaint under this section may be amended at any time to allege that a claimant has been convicted of a crime.

(5) A complaint in a forfeiture action is not subject to a motion to strike, a motion for summary judgment or any other pretrial motion for dismissal that is based solely on the lack of a criminal conviction in support of the forfeiture. This subsection does not affect the ability of a claimant to file a motion to strike or a motion for summary judgment based on the acquittal of the claimant of all criminal charges on which the forfeiture action is based, or based on dismissal of all criminal charges on which the forfeiture action is based.

(6) Forfeiture actions are governed by the Oregon Rules of Civil Procedure except to the extent those rules conflict with this chapter. [2009 c.78 §26]

Source: Section 131A.225 — Forfeiture actions generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 136.635 — OR Code / Title 14 / Chapter 136 / Section 136.635
136.635 Construction of ORS 136.623 to 136.637
Status: in_force

ORS 136.623 (Definitions) to 136.637 (Short title) shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings. [Formerly 139.250]

Source: Section 136.635 — Construction of ORS 136.623 to 136.637 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.540 — OR Code / Title 14 / Chapter 137 / Section 137.540
137.540 Conditions of probation
Status: repealed

(1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall:

(a) Pay fines, restitution or fees ordered by the court.

(b) Submit to testing for controlled substance, cannabis or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances.

(c) Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse.

(d) Remain in the State of Oregon until written permission to leave is granted by the Department of Corrections or a county community corrections agency.

(e) Not change residence without prior permission from the Department of Corrections or a county community corrections agency and inform the parole and probation officer of any change in employment.

(f) Permit the parole and probation officer to visit the probationer or the probationer’s work site or residence and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the probationer.

(g) Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes.

(h) Obey all laws, municipal, county, state and federal, and in circumstances in which state and federal law conflict, obey state law.

(i) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency.

(j) Not possess weapons, firearms or dangerous animals.

(k) Report as required and abide by the direction of the supervising officer.

(L) If recommended by the supervising officer, successfully complete a sex offender treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer if the probationer:

(A) Is under supervision for a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) or harassment under ORS 166.065 (Harassment) (4)(a)(A);

(B) Was previously convicted of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) ; or

(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) if committed in this state.

(m) Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator.

(n) If required to report as a sex offender under ORS 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) , report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:

(A) When supervision begins;

(B) Within 10 days of a change in residence;

(C) Once each year within 10 days of the probationer’s date of birth;

(D) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

(o) Submit to a risk and needs assessment as directed by the supervising officer and follow reasonable recommendations resulting from the assessment.

(2) In addition to the general conditions, the court may impose any special conditions of probation that are reasonably related to the crime of conviction or the needs of the probationer for the protection of the public or reformation of the probationer, or both, including, but not limited to, that the probationer shall:

(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after November 1, 1989, be confined to the county jail or be restricted to the probationer’s own residence or to the premises thereof, or be subject to any combination of such confinement and restriction, such confinement or restriction or combination thereof to be for a period not to exceed one year or one-half of the maximum period of confinement that could be imposed for the offense for which the defendant is convicted, whichever is the lesser.

(b) For felonies committed on or after November 1, 1989:

(A) Be confined in the county jail, or be subject to other custodial sanctions under community supervision, or both, as provided by rules of the Oregon Criminal Justice Commission; and

(B) Comply with any special conditions of probation that are imposed by the supervising officer in accordance with subsection (9) of this section.

(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as specifically ordered by the court in order to pay restitution.

(d) For crimes constituting delivery of a controlled substance, as those terms are defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) , or for telephonic harassment under ORS 166.090 (Telephonic harassment) , or for crimes involving domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , be prohibited from using Internet websites that provide anonymous text message services.

(e) Not use or possess controlled substances except pursuant to a medical prescription.

(3) Intentionally left blank —Ed.

(a) If a person is released on probation following conviction of stalking under ORS 163.732 (Stalking) (2)(b) or violating a court’s stalking protective order under ORS 163.750 (Violating a court’s stalking protective order) (2)(b), the court may include as a special condition of the person’s probation reasonable residency restrictions.

(b) If the court imposes the special condition of probation described in this subsection and if at any time during the period of probation the victim moves to a location that causes the probationer to be in violation of the special condition of probation, the court may not require the probationer to change the probationer’s residence in order to comply with the special condition of probation.

(4) When a person who is a sex offender is released on probation, the court shall impose as a special condition of probation that the person not reside in any dwelling in which another sex offender who is on probation, parole or post-prison supervision resides, without the approval of the person’s supervising parole and probation officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides, without the approval of the director of the probation agency that is supervising the person or of the county manager of the Department of Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole and probation officer of a person subject to the requirements of this subsection shall review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety. As used in this subsection:

(a) “Dwelling” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118) .

(b) “Dwelling” does not include a residential treatment facility or a halfway house.

(c) “Halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(d) “Sex offender” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) .

(5) Intentionally left blank —Ed.

(a) If the person is released on probation following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , or an assault, as defined in ORS 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree) , and the victim was under 18 years of age, the court, if requested by the victim, shall include as a special condition of the person’s probation that the person not reside within three miles of the victim unless:

(A) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county;

(B) The person demonstrates to the court by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;

(C) The person demonstrates to the court by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the probation; or

(D) The person resides in a halfway house. As used in this subparagraph, “halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(b) A victim may request imposition of the special condition of probation described in this subsection at the time of sentencing in person or through the prosecuting attorney.

(c) If the court imposes the special condition of probation described in this subsection and if at any time during the period of probation the victim moves to within three miles of the probationer’s residence, the court may not require the probationer to change the probationer’s residence in order to comply with the special condition of probation.

(6) When a person who is a sex offender, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , is released on probation, the Department of Corrections or the county community corrections agency, whichever is appropriate, shall notify the city police department, if the person is going to reside within a city, and the county sheriff’s office of the county in which the person is going to reside of the person’s release and the conditions of the person’s release.

(7) Failure to abide by all general and special conditions of probation may result in arrest, modification of conditions, revocation of probation or imposition of structured, intermediate sanctions in accordance with rules adopted under ORS 137.595 (Establishing system of sanctions) .

(8) The court may order that probation be supervised by the court.

(9) Intentionally left blank —Ed.

(a) The court may at any time modify the conditions of probation.

(b) When the court orders a defendant placed under the supervision of the Department of Corrections or a community corrections agency, the supervising officer may file with the court a proposed modification to the special conditions of probation. The supervising officer shall provide a copy of the proposed modification to the district attorney and the probationer, and shall notify the probationer of the right to file an objection and have a hearing as described in subparagraph (A) of this paragraph. The notice requirement may be satisfied by providing the probationer with a copy of a form developed in accordance with rules adopted under ORS 137.595 (Establishing system of sanctions) (2)(b) that describes the right to a hearing. If the district attorney or probationer:

(A) Files an objection to the proposed modification less than five judicial days after the proposed modification was filed, the court shall schedule a hearing no later than 10 judicial days after the proposed modification was filed, unless the court finds good cause to schedule a hearing at a later time.

(B) Does not file an objection to the proposed modification less than five judicial days after the proposed modification was filed, the proposed modification becomes effective five judicial days after the proposed modification was filed.

(10) A court may not order revocation of probation as a result of the probationer’s failure to pay restitution unless the court determines from the totality of the circumstances that the purposes of the probation are not being served.

(11) If the court ordered as a special condition of probation that the probationer find and maintain employment, it is not a cause for revocation of probation that the probationer failed to apply for or accept employment at any workplace where there is a labor dispute in progress. As used in this subsection, “labor dispute” has the meaning for that term provided in ORS 662.010 (Labor disputes) .

(12) As used in this section, “attends,” “institution of higher education,” “works” and “carries on a vocation” have the meanings given those terms in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) . [Amended by 1965 c.346 §1; 1969 c.597 §125; 1977 c.371 §3; 1977 c.380 §2; 1981 c.671 §1; 1983 c.588 §2; 1985 c.818 §2; 1987 c.780 §3; 1989 c.790 §16; 1991 c.196 §1; 1991 c.630 §5; 1991 c.731 §1; 1993 c.14 §11; 1993 c.680 §16; 1997 c.313 §24; 1999 c.626 §11; amendments by 1999 c.626 §34 repealed by 2001 c.884 §1; 2001 c.726 §§1,2; 2001 c.884 §5; 2005 c.264 §3; 2005 c.558 §1; 2005 c.567 §8; 2005 c.576 §1a; 2005 c.642 §1; 2009 c.111 §1; 2009 c.204 §5; 2009 c.659 §§21,23; 2009 c.713 §11; 2011 c.595 §162; 2013 c.649 §24; 2015 c.198 §1; 2015 c.350 §2; 2017 c.21 §40; 2017 c.670 §3; 2017 c.689 §1; 2018 c.120 §10; 2021 c.404 §1; 2021 c.653 §3; 2022 c.78 §10; 2023 c.9 §9; 2023 c.282 §1]

Source: Section 137.540 — Conditions of probation; evaluation and treatment; effect of failure to abide by conditions; modification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.205 — OR Code / Title 14 / Chapter 135 / Section 135.205
135.205 Indorsement in certain cases
Status: in_force

When the magistrate delivers the defendant to a peace officer other than the one to whom the defendant is committed, the magistrate shall first make an indorsement on the commitment directing the officer to deliver the defendant and the commitment to the custody of the appropriate sheriff. [Formerly 133.840]

Source: Section 135.205 — Indorsement in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.920 — OR Code / Title 14 / Chapter 131 / Section 131.920
131.920 Policies and procedures prohibiting profiling
Status: in_force

(1) All law enforcement agencies shall have written policies and procedures prohibiting profiling. The policies and procedures shall, at a minimum, include:

(a) A prohibition on profiling;

(b) Procedures allowing a complaint alleging profiling to be made to the agency:

(A) In person;

(B) In a writing signed by the complainant and delivered by hand, postal mail, facsimile or electronic mail; or

(C) By telephone, anonymously or through a third party;

(c) The provision of appropriate forms to use for submitting complaints alleging profiling;

(d) Procedures for submitting a copy of each profiling complaint to the Law Enforcement Contacts Policy and Data Review Committee and for receiving profiling complaints forwarded from the committee; and

(e) Procedures for investigating all complaints alleging profiling.

(2) A law enforcement agency shall:

(a) Investigate all complaints alleging profiling that are received by the agency or forwarded from the committee.

(b) Accept for investigation a complaint alleging profiling that is made to the agency within 180 days of the alleged profiling incident.

(c) Respond to every complaint alleging profiling within a reasonable time after the conclusion of the investigation. The response must contain a statement of the final disposition of the complaint. [2015 c.681 §2; 2015 c.681 §6; 2017 c.706 §7]

Source: Section 131.920 — Policies and procedures prohibiting profiling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.025 — OR Code / Title 14 / Chapter 147 / Section 147.025
147.025 Eligibility of person not victim or survivor or dependent of deceased victim
Status: in_force

(1) Notwithstanding that a person is not a victim or a dependent of a deceased victim under ORS 147.015 (Eligibility for compensation generally) (1)(a), the person is eligible for compensation for reasonable medical expenses for the victim and for reasonable funeral expenses of the deceased victim if the person:

(a) Paid or incurred such expenses; and

(b) Files a claim in the manner provided in ORS 147.105 (Application for compensation) and the conditions in ORS 147.015 (Eligibility for compensation generally) (1)(b) to (e) are met.

(2) Notwithstanding that a person is not a survivor or dependent of a deceased victim under ORS 147.015 (Eligibility for compensation generally) (1)(a), the person is eligible for compensation for reasonable counseling expenses up to a maximum amount of $5,000 if the person:

(a) Paid or incurred such expenses;

(b) Intentionally left blank —Ed.

(A) Was the first person to discover the corpse of the victim; or

(B) Was a witness to the crime resulting in the death of a victim; and

(c) Files a claim in the manner provided in ORS 147.105 (Application for compensation) and the conditions in ORS 147.015 (Eligibility for compensation generally) (1)(b) to (e) are met.

(3) Notwithstanding that a person is not a victim or a survivor or dependent of a deceased victim under ORS 147.015 (Eligibility for compensation generally) (1)(a), the person is eligible for the compensation described in ORS 147.035 (Compensable losses) (7) if:

(a) The person is the personal representative, as defined by the Department of Justice by rule, of a victim or of a survivor or dependent of a deceased victim;

(b) The person is involved in the proceeding in lieu of the victim, survivor or dependent; and

(c) The person files a claim in the manner provided in ORS 147.105 (Application for compensation) and the conditions in ORS 147.015 (Eligibility for compensation generally) (1)(b) to (e) are met.

(4) The Department of Justice may pay directly to the provider of the services compensation for medical, funeral or counseling expenses incurred by the person. [1977 c.376 §4; 1987 c.770 §3; 2003 c.353 §1; 2011 c.125 §4; 2013 c.720 §15; 2017 c.108 §7; 2023 c.318 §3]

Source: Section 147.025 — Eligibility of person not victim or survivor or dependent of deceased victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.223 — OR Code / Title 14 / Chapter 137 / Section 137.223
137.223 Order setting aside judgment of guilty except for insanity
Status: in_force

(1) A person who has been found guilty except for insanity of an offense for which, if convicted, the person could apply for entry of an order setting aside the conviction pursuant to ORS 137.225 (Order setting aside conviction or record of criminal charge) , may by motion apply to the court for entry of an order setting aside the judgment finding the person guilty except for insanity of the offense.

(2) Intentionally left blank —Ed.

(a) A person described in subsection (1) of this section may file the motion to set aside a judgment of guilty except for insanity any time after the following time periods:

(A) For a judgment of guilty except for insanity on a Class B felony, seven years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the Psychiatric Security Review Board, whichever is later.

(B) For a judgment of guilty except for insanity on a Class C felony, five years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

(C) For a judgment of guilty except for insanity on a Class A misdemeanor, three years from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

(D) For a judgment of guilty except for insanity on a Class B or Class C misdemeanor, one year from the date of entry of the judgment or the date the person is no longer under the jurisdiction of the board, whichever is later.

(b) A person is eligible to have a judgment of guilty except for insanity set aside under this section if the person has no other findings of guilty except for insanity and no convictions for offenses other than motor vehicle violations within the following time periods prior to filing the motion:

(A) For a motion concerning a judgment of guilty except for insanity on a Class B felony, seven years.

(B) For a motion concerning a judgment of guilty except for insanity on a Class C felony, five years.

(C) For a motion concerning a judgment of guilty except for insanity on a Class A misdemeanor, three years.

(D) For a motion concerning a judgment of guilty except for insanity on a Class B or Class C misdemeanor, one year.

(3) Intentionally left blank —Ed.

(a) A copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the offense. The prosecuting attorney may object to the motion filed and shall notify the court and the person of the objection within 120 days of receiving the motion.

(b) When a prosecuting attorney is served with a copy of a motion to set aside a judgment of guilty except for insanity under this section, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim, if any, of the offense by mailing a copy of the motion and notice to the victim’s last-known address.

(c) When a person files a motion under this section, the person must pay a fee to the Department of State Police for the purpose of the department performing a criminal record check, and shall forward to the department a full set of the person’s fingerprints on a fingerprint card or in any other manner specified by the department. The department shall establish a fee in an amount not to exceed the actual cost of performing the criminal record check. If the department is required to perform only one criminal record check for the person, the department may only charge one fee, regardless of the number of counties in which the person is filing a motion to set aside a conviction, arrest, charge or citation under this section. The department shall provide a copy of the results of the criminal record check to the prosecuting attorney.

(d) A person filing a motion under this section is not required to pay the filing fee established under ORS 21.135 (Standard filing fee) .

(4) Intentionally left blank —Ed.

(a) If an objection is received to a motion filed under this section, the court shall hold a hearing, and may require the filing of such affidavits and may require the taking of such proofs as the court deems proper. The court shall allow the victim to make a statement at the hearing. If the person is otherwise eligible for relief under this section, the court shall grant the motion and enter an order as described in paragraph (b) of this subsection unless the court makes written findings, by clear and convincing evidence, that the circumstances and behavior of the person, from the date of the judgment the person is seeking to set aside to the date of the hearing on the motion, do not warrant granting the motion due to the circumstances and behavior creating a risk to public safety. When determining whether the person’s circumstances and behavior create a risk to public safety, the court may only consider criminal behavior, or violations of regulatory law or administrative rule enforced by civil penalty or other administrative sanction that relate to the character of the conviction sought to be set aside. The court may not consider nonpunitive civil liability, monetary obligations and motor vehicle violations.

(b) An order entered under this subsection shall state the original arrest charge and the charge for which the person was found guilty except for insanity. The order shall further state that positive identification has been established by the Department of State Police and further identified as to Department of State Police number or submitting agency number.

(5) Intentionally left blank —Ed.

(a) Upon the entry of an order under subsection (4) of this section:

(A) The person, for purposes of the law, shall be deemed not to have been previously found guilty except for insanity, and the court shall issue an order sealing the records of the case, including the records of arrest, whether or not the arrest resulted in a further criminal proceeding.

(B) The court shall inform the person that the person’s right to possess, purchase or otherwise acquire a firearm remains prohibited under federal law.

(b) For purposes of this subsection, records of the case do not include medical records that are in the possession of the Psychiatric Security Review Board, including medical evaluations and reports submitted from other agencies concerning the status or compliance of the person.

(6) The clerk of the court shall forward a certified copy of the order entered under subsection (5) of this section to such agencies as directed by the court. A certified copy shall be sent to the Psychiatric Security Review Board. Upon entry of the order, the judgment of guilty except for insanity shall be deemed not to have been entered, and the person may answer accordingly any questions relating to its occurrence.

(7) For purposes of any civil action in which truth is an element of a claim for relief or affirmative defense, the provisions of subsection (6) of this section providing that the judgment of guilty except for insanity be deemed not to have been entered do not apply and a party may apply to the court for an order requiring disclosure of the official records in the case as may be necessary in the interests of justice.

(8) Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant. However, such an order has no other effect on the orders setting aside the judgment of guilty except for insanity.

(9) A prosecuting attorney may not condition an agreement not to object to the entry of a judgment of guilty except for insanity on an agreement by a person to waive the ability to set aside the judgment under this section.

(10) As used in this section, “affidavit” includes a declaration under penalty of perjury. [2015 c.320 §1; 2017 c.442 §16; 2021 c.486 §2]

Note: 137.223 (Order setting aside judgment of guilty except for insanity) 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 137.223 — Order setting aside judgment of guilty except for insanity; fees; procedure; effect of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.246 — OR Code / Title 14 / Chapter 135 / Section 135.246
135.246 Release conditions related to medical use of cannabis
Status: in_force

(1) As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777 (Definitions for ORS 475C.770 to 475C.919) .

(2) If a person who holds a registry identification card is released under ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) , any release conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as would be imposed release conditions related to prescription drugs. [2016 c.24 §53b; 2019 c.292 §6]

Source: Section 135.246 — Release conditions related to medical use of cannabis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.655 — OR Code / Title 14 / Chapter 153 / Section 153.655
153.655 Disposition of fines for mass transit district ordinance violations
Status: in_force

(1) If a court enters a judgment of conviction for the violation of an ordinance enacted by the district board of a mass transit district under ORS 267.150 (Ordinances) , amounts collected under the judgment are payable as follows:

(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) One-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable to the district that enacted the ordinance; and

(c) One-half of the amount remaining after any payment required by paragraph (a) of this subsection is payable as provided in subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) If a judgment of conviction that is subject to subsection (1) of this section is entered in circuit court, the amount specified in subsection (1)(c) of this section shall be paid to the state.

(b) If a judgment of conviction that is subject to subsection (1) of this section is entered in justice court, the amount specified in subsection (1)(c) of this section shall be paid to the county that established the court.

(c) If a judgment of conviction that is subject to subsection (1) of this section is entered in municipal court, the amount specified in subsection (1)(c) of this section shall be paid to the city that established the court. [2012 c.89 §18]

Note: 153.655 (Disposition of fines for mass transit district ordinance violations) was added to and made a part of ORS chapter 153 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 153.655 — Disposition of fines for mass transit district ordinance violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 133.817 — OR Code / Title 14 / Chapter 133 / Section 133.817
133.817 Persons under criminal prosecution in this state at time of requisition
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at the discretion of the Governor, either may surrender the person on the demand of the executive authority of another state or may hold the person until the person has been tried and discharged, or convicted and punished in this state. [Formerly 147.190]

Source: Section 133.817 — Persons under criminal prosecution in this state at time of requisition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.875 — OR Code / Title 14 / Chapter 131 / Section 131.875
131.875 Effect of appointment of special officers on salary of regular officers
Status: in_force

The regularly elected, qualified and acting officers shall, during any appointment of a special officer, receive the salary provided by law, to the same extent as though no special officer had been appointed. [Formerly 148.180]

Source: Section 131.875 — Effect of appointment of special officers on salary of regular officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 136.290 — OR Code / Title 14 / Chapter 136 / Section 136.290
136.290 Limit on custody of defendant prior to trial
Status: repealed

(1) Except as provided in ORS 136.295 (Application of ORS 136.290) , a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendant or an extension under ORS 136.295 (Application of ORS 136.290) , the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.

(2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) . [1971 c.323 §§3,4; 1973 c.836 §235; 1999 c.923 §1; amendments by 1999 c.923 §3 repealed by 2001 c.870 §19]

Source: Section 136.290 — Limit on custody of defendant prior to trial; release if limit exceeded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.402 — OR Code / Title 14 / Chapter 133 / Section 133.402
133.402 Recording of custodial interviews of juveniles
Status: in_force

(1) Intentionally left blank —Ed.

(a) A custodial interview inside a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if the custodial interview is conducted with a person under 18 years of age in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony.

(b) A custodial interview anywhere outside of a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if:

(A) The custodial interview is conducted with a person under 18 years of age in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony; and

(B) A video camera is worn upon the officer’s person.

(2) Subsection (1) of this section does not apply to:

(a) A statement made before a grand jury;

(b) A statement made on the record in open court;

(c) A custodial interview conducted in another state in compliance with the laws of that state;

(d) A custodial interview conducted by a federal law enforcement officer in compliance with the laws of the United States;

(e) A statement that was spontaneously volunteered and did not result from a custodial interview;

(f) A statement made during custody processing in response to a routine question;

(g) A law enforcement agency that employs five or fewer peace officers;

(h) A custodial interview conducted in connection with an investigation carried out by a youth corrections officer or a staff member of the Oregon State Hospital in the performance of the officer’s or staff member’s official duties of treatment, custody, control or supervision of individuals committed to or confined in a place of incarceration or detention;

(i) A custodial interview for which the state demonstrates good cause for the failure to electronically record the custodial interview; or

(j) A custodial interview if the defendant’s or youth’s age was unknown to the officer or would not have been objectively apparent to a reasonable officer.

(3) Intentionally left blank —Ed.

(a) If the state offers an unrecorded statement made under the circumstances described in subsection (1) of this section in a criminal proceeding alleging the commission of a misdemeanor or a felony, or an allegation that a person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection (1) of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done.

(b) The court may not exclude the defendant’s statement or dismiss criminal charges as a result of a violation of this section.

(c) If each of the statements made by the defendant that the state offers into evidence is recorded, the court may not give a cautionary jury instruction regarding the content of the defendant’s statements.

(4) If the state offers an unrecorded statement made under the circumstances described in subsection (1) of this section in a juvenile delinquency proceeding alleging the commission of an act that, if committed by an adult would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, the court shall consider the superior reliability of electronic recordings when compared with testimony about what was said and done when determining the evidentiary value of the statement.

(5) A law enforcement agency that creates an electronic recording of a custodial interview shall preserve the recording until the defendant’s conviction or youth’s adjudication for the offense is final and all direct, post-conviction relief and habeas corpus appeals are exhausted, or until the prosecution of the offense is barred by law.

(6) The state shall provide an electronic copy of a defendant’s or youth’s custodial interview to a defendant or youth in accordance with ORS 135.805 (Applicability) to 135.873 (Protective orders) . Providing an electronic copy of the custodial interview to the defendant or youth constitutes compliance with ORS 135.815 (Disclosure to defendant) (1)(b), and the state is not required to provide the defendant or youth with a transcript of the contents of the custodial interview. Unless the court orders otherwise, the defendant’s or youth’s attorney may not copy, disseminate or republish the electronic copy of the custodial interview, except to provide a copy to an agent of the defendant’s or youth’s attorney for the limited purpose of case preparation.

(7) An electronic recording of a custodial interview, and any transcription of the recording, that is certified as containing a complete recording, or a complete transcription, of the entirety of the custodial interview, from the advisement of constitutional rights to the conclusion of the custodial interview, is admissible in any preadjudication or post-adjudication hearing for the purpose of establishing the contents of a statement made in the recording and the identity of the person who made the statement, if the statement is otherwise admissible. A certification that complies with this subsection satisfies the requirements of ORS 40.505 (Rule 901. Requirement of authentication or identification) and 132.320 (Consideration of evidence) for the recording or transcription. This subsection does not prohibit a party from calling a witness to testify regarding the custodial interview.

(8) As used in this section:

(a) “Custodial interview” means an interview in which the person questioned is in custody and is required to be advised of the person’s constitutional rights.

(b) “Good cause” includes, but is not limited to, situations in which:

(A) The defendant or youth refused, or expressed an unwillingness, to have the custodial interview electronically recorded;

(B) The failure to electronically record the custodial interview was the result of equipment failure and a replacement device was not immediately available;

(C) The person operating the recording equipment believed, in good faith, that the equipment was recording the custodial interview;

(D) Electronically recording the custodial interview would jeopardize the safety of any person or the identity of a confidential informant;

(E) Exigent circumstances prevented the recording of the custodial interview; or

(F) The person conducting the custodial interview did not possess a wearable video camera to electronically record the custodial interview outside of a law enforcement facility.

(c) “Law enforcement facility” means a courthouse, building or premises that is a place of operation for a municipal police department, county sheriff’s office or other law enforcement agency at which persons may be detained in connection with a juvenile delinquency petition or criminal charge.

(d) “Peace officer” has the meaning given that term in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) .

(e) “School resource officer” means a peace officer who is assigned to a school.

(f) “Special campus security officer” means a special campus security officer described in ORS 352.118 (Establishment of police department) . [2019 c.216 §2]

Note: 133.402 (Recording of custodial interviews of juveniles) was enacted into law by the Legislative Assembly but was 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 133.402 — Recording of custodial interviews of juveniles , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.495 — OR Code / Title 14 / Chapter 136 / Section 136.495
136.495 Proceedings after adverse general verdict
Status: in_force

If a general verdict against the defendant is given, the defendant shall be remanded, if in custody; if the defendant has been released, the defendant may be committed to await the judgment of the court upon the verdict. When committed, the release agreement of the defendant is exonerated or, if the defendant has deposited money in lieu of a release agreement, it shall be refunded to the defendant. [Formerly 136.720]

MOTION IN ARREST OF JUDGMENT; NEW TRIAL

Source: Section 136.495 — Proceedings after adverse general verdict , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.065 — OR Code / Title 14 / Chapter 135 / Section 135.065
135.065 Name used in further proceedings
Status: in_force

(1) If the defendant gives no other name, the court may proceed against the defendant by the name in the accusatory instrument. If the defendant is charged by indictment or information and alleges that another name is the true name of the defendant, the court shall direct an entry thereof to be made in its register, and the subsequent proceedings on the accusatory instrument may be had against the defendant by that name, referring also to the name by which the defendant is charged. Before proceeding against the defendant as provided in this subsection, the court shall attempt to determine the true name of the defendant. If a certified copy of the record of live birth for the defendant was never issued, the court shall ask the defendant, under oath or affirmation, to give the defendant’s true name. The court shall proceed under the name given unless the court is persuaded by a preponderance of the evidence that the name is not the defendant’s true name.

(2) Upon motion of the defendant, all names, other than the true name of the defendant, shall be stricken from any accusatory instrument read or submitted to the jury.

(3) Intentionally left blank —Ed.

(a) The following may file a motion requesting that a false name used by a defendant be stricken from an accusatory instrument, warrant of arrest or judgment and that the defendant’s true name, if known, be substituted:

(A) The district attorney; or

(B) A person whose name is the same as the false name used by the defendant.

(b) Before the court may grant a motion filed under paragraph (a)(B) of this subsection, the court must provide the district attorney with notice of the motion and an opportunity to respond.

(c) If the court grants a motion under this subsection, the court shall order that the false name be stricken from the accusatory instrument, warrant of arrest or judgment and that the defendant’s true name be substituted. In addition, the court shall order that any warrant of arrest of the defendant reflect that the defendant uses a name other than the defendant’s true name. [Formerly 135.350; 1985 c.540 §31; 2003 c.645 §5; 2013 c.366 §65]

Source: Section 135.065 — Name used in further proceedings; motion to strike false name , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.333 — OR Code / Title 14 / Chapter 137 / Section 137.333
137.333 Exception to ORS 137.330
Status: in_force

Whenever a judge sentences a person to a term of incarceration in a county jail, the judgment may be executed by confinement in another county or in a state correctional facility if the county in which the person would otherwise be imprisoned:

(1) Has entered into an intergovernmental agreement as provided in ORS 169.053 (Agreements with other counties or Department of Corrections for confinement and detention of offenders) ; or

(2) Is located within an intergovernmental corrections entity formed under ORS 190.265 (Intergovernmental corrections entities) . [1996 c.4 §2]

Note: 137.333 (Exception to ORS 137.330) 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 137.333 — Exception to ORS 137.330 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.418 — OR Code / Title 14 / Chapter 135 / Section 135.418
135.418 Prohibited plea agreement provisions
Status: in_force

(1) A prosecuting attorney may not condition a defendant’s plea offer on:

(a) The defendant’s waiver of:

(A) The disclosure obligation of ORS 135.815 (Disclosure to defendant) (1)(g).

(B) The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270 (Release and use of recording, transcript, notes or report) , if the indictment has been indorsed “a true bill.”

(C) Eligibility for transitional leave under ORS 421.168 (Transitional leave) .

(D) Eligibility for a reduction in the term of incarceration under ORS 421.120 (Reduction in term of sentence) or 421.121 (Reduction in term of incarceration) .

(E) Eligibility for any reduction in sentence, leave or release from custody or any other program for which the executing or releasing authority may consider the defendant, including programs for which the executing or releasing authority determines eligibility and programs for which consideration must be ordered by the sentencing court under ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs) .

(F) The ability to set aside the conviction under ORS 137.225 (Order setting aside conviction or record of criminal charge) .

(b) A requirement that the defendant or the defense attorney stipulate to the unconstitutionality of an existing law.

(2) Intentionally left blank —Ed.

(a) A plea agreement may not contain a provision prohibited by subsection (1) of this section.

(b) A prohibited provision described in subsection (1) of this section in a plea agreement is contrary to public policy and is void and unenforceable.

(3) As used in this section, “executing or releasing authority” has the meaning given that term in ORS 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs) . [2018 c.37 §2; 2019 c.684 §1; 2021 c.486 §3]

Source: Section 135.418 — Prohibited plea agreement provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.951 — OR Code / Title 14 / Chapter 135 / Section 135.951
135.951 Authorization
Status: in_force

(1) Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney may propose mediation through a qualified mediation program.

(2) In determining whether mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney shall consider, at a minimum, the following factors:

(a) The nature of the offense;

(b) Any special characteristics of the offender or the victim;

(c) Whether the offender has previously participated in mediation;

(d) Whether it is probable that the offender will cooperate with and benefit from mediation;

(e) The recommendations of the victim;

(f) Whether a qualified mediation program is available or may be made available;

(g) The impact of mediation on the community;

(h) The recommendations of the involved law enforcement agency; and

(i) Any mitigating circumstances.

(3) Mediation may not be used for:

(a) Disputes between family or household members, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735) , that involve conduct that would constitute assault under ORS 163.160 (Assault in the fourth degree) , 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree) or strangulation under ORS 163.187 (Strangulation) ; or

(b) Offenses that involve sex crimes, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) . [1995 c.323 §1; 2003 c.577 §6]

Note: 135.951 (Authorization) to 135.959 (Authority to contract with dispute resolution programs) were enacted into law by the Legislative Assembly but were 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 135.951 — Authorization; determining when appropriate; exclusions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).