ORS § 144.407 — OR Code / Title 14 / Chapter 144 / Section 144.407
144.407 Grounds for valid claim to rightful possession
Status: in_force

A petition for the return or restoration of things seized shall be based on the ground that the petitioner has a valid claim to rightful possession because:

(1) The things had been stolen or otherwise converted and the petitioner is the owner or rightful possessor;

(2) The things seized were not, in fact, subject to seizure in connection with the suspected supervision violation;

(3) Although the things seized were subject to seizure in connection with a suspected supervision violation, the petitioner is or will be entitled to their return or restoration upon a determination by the Department of Corrections, the State Board of Parole and Post-Prison Supervision or a court that they are no longer needed for evidentiary purposes, do not constitute a supervision violation or may be lawfully possessed by the petitioner; or

(4) The suspected supervision violator and the department have stipulated that the things seized may be returned to the petitioner. [1991 c.286 §4; 2021 c.206 §4]

Note: See note under 144.404 (Department of Corrections authority to receive, hold and dispose of property) .

Source: Section 144.407 — Grounds for valid claim to rightful possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.525 — OR Code / Title 14 / Chapter 133 / Section 133.525
133.525 Definitions for ORS 133.525 to 133.703
Status: in_force

As used in ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants) , unless the context requires otherwise:

(1) “Interrelated conduct” means engaging in at least two incidents of activity that:

(a) Have the same or similar intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics, including a connection to the same enterprise;

(b) Are not isolated incidents; and

(c) Violate one or more provisions of ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) , 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) , 475A.210 (Short title) to 475A.722 (Severability) , 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) or 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919) .

(2) “Judge” means any judge of the circuit court, the Court of Appeals, the Supreme Court, any justice of the peace or municipal judge authorized to exercise the powers and perform the duties of a justice of the peace.

(3) “Police officer” means:

(a) A member of the Oregon State Police;

(b) A sheriff or municipal police officer, a police officer commissioned by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) or an authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) ;

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

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

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

(f) A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2). [1973 c.836 §81; 1979 c.656 §2; 1991 c.67 §27; 1995 c.651 §7; 2011 c.506 §13; 2011 c.644 §§16,40; 2012 c.54 §§8,9; 2012 c.67 §§5,6; 2013 c.180 §§10,11; 2015 c.174 §5; 2015 c.614 §§139,140; 2023 c.216 §1]

Source: Section 133.525 — Definitions for ORS 133.525 to 133.703 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.585 — OR Code / Title 14 / Chapter 136 / Section 136.585
136.585 By whom subpoena is served
Status: in_force

A subpoena may be served by the defendant or any other person over 18 years of age and shall be served by any sheriff or constable within the county or district of the sheriff or constable, as the case may be, when delivered to the sheriff or constable for service, either on the part of the prosecution or of the defendant. [Formerly 139.090; 1977 c.746 §7]

Source: Section 136.585 — By whom subpoena is served , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.108 — OR Code / Title 14 / Chapter 144 / Section 144.108
144.108 Recommitment to prison for certain violations
Status: in_force

(1) If the violation of post-prison supervision is new criminal activity or if the supervisory authority finds that the continuum of sanctions is insufficient punishment for a violation of the conditions of post-prison supervision, the supervisory authority may:

(a) Impose the most restrictive sanction available, including incarceration in jail;

(b) Request the State Board of Parole and Post-Prison Supervision to impose a sanction under subsection (2) of this section; or

(c) Request the board to impose a sanction under ORS 144.107 (Sanctions for violations of conditions of post-prison supervision) .

(2) If so requested, the board or its designated representative shall hold a hearing to determine whether incarceration in a jail or state correctional facility is appropriate. Except as otherwise provided by rules of the board and the Department of Corrections concerning parole and post-prison supervision violators, the board may impose a sanction up to the maximum provided by rules of the Oregon Criminal Justice Commission. In conducting a hearing pursuant to this subsection, the board or its designated representative shall follow the procedures and the offender shall have all the rights described in ORS 144.343 (Hearing required on revocation) and 144.347 (Subpoena power of board) relating to revocation of parole.

(3) A person who is ordered to serve a term of incarceration in a jail or state correctional facility as a sanction for a post-prison supervision violation is not eligible for:

(a) Earned credit time as described in ORS 169.110 (Time credit for good behavior) or 421.121 (Reduction in term of incarceration) ;

(b) Transitional leave as defined in ORS 421.168 (Transitional leave) ; or

(c) Temporary leave as described in ORS 169.115 (Temporary leave) or 421.165 (1987 Replacement Part).

(4) A person who is ordered to serve a term of incarceration in a state correctional facility as a sanction for a post-prison supervision violation shall receive credit for time served on the post-prison supervision violation prior to the board’s imposition of the term of incarceration. [1989 c.790 §36; 1995 c.423 §17; 1997 c.313 §13; 1997 c.525 §5; 2009 c.178 §29; 2010 c.89 §12]

Note: See second note under 144.096 (Release plan) .

Source: Section 144.108 — Recommitment to prison for certain violations; procedure; effect of recommitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.340 — OR Code / Title 14 / Chapter 144 / Section 144.340
144.340 Power to retake and return violators of parole and post-prison supervision
Status: in_force

(1) The Department of Corrections, in accordance with the rules and regulations or directions of the State Board of Parole and Post-Prison Supervision or the Governor, as the case may be, may cause to have retaken and returned persons to the institution, or to the supervision of the local supervisory authority, whether in or out of the state, whenever they have violated the conditions of their parole or post-prison supervision.

(2) Intentionally left blank —Ed.

(a) Persons retaken and returned to this state from outside the state upon order or warrant of the Department of Corrections, the State Board of Parole and Post-Prison Supervision or the Governor, for violation of conditions of parole or post-prison supervision, shall be detained in a Department of Corrections facility or a local correctional facility pending any hearing concerning the alleged violation and ultimate disposition by the State Board of Parole and Post-Prison Supervision.

(b) Persons retaken and returned to this state from outside the state upon order or warrant of a local supervisory authority for violation of conditions of post-prison supervision may be detained in a local correctional facility pending a hearing concerning the alleged violation and ultimate disposition by the local supervisory authority.

(3) Persons retaken and returned to this state from outside the state under this section are liable for the costs and expenses of retaking and returning the person upon:

(a) A finding by the State Board of Parole and Post-Prison Supervision of present or future ability to pay; and

(b) Order of the State Board of Parole and Post-Prison Supervision. [Amended by 1969 c.597 §116; 1973 c.836 §297; 1987 c.320 §62; 1989 c.790 §42; 1991 c.228 §1; 1995 c.423 §19; 1999 c.120 §1]

Source: Section 144.340 — Power to retake and return violators of parole and post-prison supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.746 — OR Code / Title 14 / Chapter 135 / Section 135.746
135.746 Time period within which trial must commence
Status: in_force

(1) Except as provided in ORS 135.748 (Periods of time excluded from time limits) :

(a) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a misdemeanor must commence within two years from the date of the filing of the charging instrument.

(b) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a felony must commence within three years from the date of the filing of the charging instrument.

(c) A trial in which two or more charges have been consolidated pursuant to ORS 132.560 (Joinder of counts and charges) must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.

(d) A joint trial in which two or more defendants are charged in the same charging instrument must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.

(2) The time limits required in subsection (1) of this section cease to apply to a defendant who fails to appear at the date and time scheduled for trial.

(3) If a trial date is scheduled by the court for a defendant represented by counsel and neither the defendant nor the defendant’s counsel objects within seven days of the notice of the trial date to the fact that the scheduled trial date is not within the time limit required in subsection (1) of this section, the time limit is extended until the scheduled trial date, and may be further extended as provided in ORS 135.748 (Periods of time excluded from time limits) . [2014 c.73 §1]

Note: 135.746 (Time period within which trial must commence) , 135.748 (Periods of time excluded from time limits) and 135.752 (When trial not commenced within time limit) 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 135.746 — Time period within which trial must commence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.408 — OR Code / Title 14 / Chapter 144 / Section 144.408
144.408 Hearing on petition
Status: in_force

(1) If, upon consideration of a petition for return or restoration of things seized, it appears to the Department of Corrections that the things should be returned or restored, but there is substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the department may set a further hearing, assuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard. Upon completion of the hearing, the department shall enter an order for the return or restoration of the things seized.

(2) Instead of conducting the hearing provided for in subsection (1) of this section and returning or restoring the property, the department in its discretion, may leave the claimants to appropriate civil process for the determination of the claims. [1991 c.286 §5; 2021 c.206 §5]

Note: See note under 144.404 (Department of Corrections authority to receive, hold and dispose of property) .

Source: Section 144.408 — Hearing on petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.165 — OR Code / Title 14 / Chapter 135 / Section 135.165
135.165 Counsel for complainant
Status: in_force

The complainant may employ counsel to appear against the defendant in every stage of the preliminary hearing; but the district attorney for the county, either in person or by some attorney authorized to act for the district attorney, is entitled to appear on behalf of the state and control and direct the prosecution. [Formerly 133.760]

Source: Section 135.165 — Counsel for complainant; district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.223 — OR Code / Title 14 / Chapter 144 / Section 144.223
144.223 Examination by psychiatrist or psychologist of parole candidate
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision may require any prisoner being considered for parole to be examined by a psychiatrist or psychologist before being released on parole.

(2) Within 60 days after the examination, the examining psychiatrist or psychologist shall file a written report of the findings and conclusions of the psychiatrist or psychologist relative to the examination with the chairperson of the State Board of Parole and Post-Prison Supervision. A certified copy of the report shall be sent to the convicted person, to the attorney of the convicted person and to the executive officer of the Department of Corrections institution in which the convicted person is confined. [1977 c.379 §2; 1987 c.320 §56]

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

Source: Section 144.223 — Examination by psychiatrist or psychologist of parole candidate; report; copies to affected persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.420 — OR Code / Title 14 / Chapter 144 / Section 144.420
144.420 Department of Corrections to administer work release program
Status: in_force

(1) The Department of Corrections shall establish and administer a work release program in which a misdemeanant or felon may participate, and if confined, be authorized to leave assigned quarters for the purpose of:

(a) Participating in an adult in custody work program approved by the Director of the Department of Corrections, including work with public or private agencies or persons, with or without compensation.

(b) Obtaining in this state additional education, including but not limited to vocational, technical and general education.

(c) Participating in alcohol or drug treatment programs.

(d) Participating in mental health programs.

(e) Specific treatment to develop independent living skills.

(2) The Department of Corrections is responsible for the quartering and supervision of persons enrolled in the work release program. The Department of Corrections may house for rehabilitative purposes, in a work release facility, a parolee under the jurisdiction of the State Board of Parole and Post-Prison Supervision, with the written consent of the parolee and the approval of the board, in accordance with procedures established by the department and the board. [1965 c.463 §2; 1967 c.354 §1; 1969 c.597 §138; 1973 c.242 §1; 1973 c.836 §303; 1974 c.36 §8; 1987 c.320 §68; 1989 c.790 §69; 1991 c.161 §1; 1995 c.384 §3; 1997 c.851 §1; 2019 c.213 §33]

Source: Section 144.420 — Department of Corrections to administer work release program; purposes of release; housing of parolee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 138.210 — OR Code / Title 14 / Chapter 138 / Section 138.210
138.210 Failure to file brief by appellant
Status: in_force

If the appellant fails to file a brief in the appellate court, the court shall dismiss the appeal. The defendant need not personally appear in the appellate court. [Amended by 2017 c.529 §11]

Source: Section 138.210 — Failure to file brief by appellant; appearance by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.693 — OR Code / Title 14 / Chapter 133 / Section 133.693
133.693 Challenge to truth of evidence
Status: in_force

(1) Subject to the provisions of subsection (2) of this section, in any proceeding on a motion to suppress evidence the moving party shall be entitled to contest, by cross-examination or offering evidence, the good faith, accuracy and truthfulness of the affiant with respect to the evidence presented to establish probable cause for search or seizure.

(2) If the evidence sought to be suppressed was seized by authority of a search warrant, the moving party shall be allowed to contest the good faith, accuracy and truthfulness of the affiant as to the evidence presented before the issuing authority only upon supplementary motion, supported by affidavit, setting forth substantial basis for questioning such good faith, accuracy and truthfulness.

(3) In any proceeding under subsection (2) of this section, the moving party shall have the burden of proving by a preponderance of the evidence that the evidence presented before the issuing authority was not offered in good faith, was not accurate and was not truthful.

(4) Where the motion to suppress challenges evidence seized as the result of a warrantless search, the burden of proving by a preponderance of the evidence the validity of the search is on the prosecution.

(5) The court shall determine whether, under applicable law, any inaccuracy, untruthfulness or lack of good faith requires suppression. [1973 c.836 §118]

Source: Section 133.693 — Challenge to truth of evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.020 — OR Code / Title 14 / Chapter 138 / Section 138.020
138.020 Who may appeal
Status: in_force

Either the state or the defendant may as a matter of right appeal from a judgment in a criminal action in the cases prescribed in ORS 138.010 (Mode of review) to 138.310 (Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation) , and not otherwise.

Source: Section 138.020 — Who may appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 137.610 — OR Code / Title 14 / Chapter 137 / Section 137.610
137.610 Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge
Status: in_force

The judge or judges of any court of criminal jurisdiction, including municipal courts, may request at any time the staff of the Department of Corrections to perform any of the duties that might be required of a parole and probation officer appointed by the court pursuant to ORS 137.590 (Appointment of parole and probation officers and assistants) . All requests for services of the staff shall be made upon the Director of the Department of Corrections, who shall order the prompt performance of any such requested service whenever members of the staff are available for such duty. [Amended by 1969 c.597 §126; 1987 c.320 §40; 2005 c.264 §11]

Source: Section 137.610 — Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.729 — OR Code / Title 14 / Chapter 133 / Section 133.729
133.729 Recording intercepted communications
Status: in_force

The contents of any wire, electronic or oral communication intercepted in accordance with the provisions of ORS 133.724 (Order for interception of communications) shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order issued under ORS 133.724 (Order for interception of communications) , or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the direction of the judge. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed before the expiration of the minimum retention period established by the State Court Administrator under ORS 8.125 (Duties to assist Chief Justice and other courts) . Duplicate recordings may be made for use or disclosure pursuant to the provisions of ORS 133.737 (Disclosure and use of intercepted communications) (1) and (2) for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under ORS 133.737 (Disclosure and use of intercepted communications) (3). [1979 c.716 §7; 1989 c.983 §8; 1997 c.872 §12]

Source: Section 133.729 — Recording intercepted communications; method; delivery to court; custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.823 — OR Code / Title 14 / Chapter 133 / Section 133.823
133.823 When guilt of accused may be inquired into
Status: in_force

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.817 (Persons under criminal prosecution in this state at time of requisition) , shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. [Formerly 147.200]

Source: Section 133.823 — When guilt of accused may be inquired into , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.591 — OR Code / Title 14 / Chapter 131 / Section 131.591
131.591 Equitable distribution of property or proceeds
Status: in_force

Distribution of property or proceeds in accordance with ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) must be made equitably and may be made pursuant to intergovernmental agreement under ORS chapter 190. Intergovernmental agreements providing for such distributions and in effect on September 2, 2005, remain valid unless changed by the parties. The equitable distribution of proceeds targeted for law enforcement must involve sharing the proceeds between the seizing agency and forfeiture counsel. [2005 c.830 §15]

Source: Section 131.591 — Equitable distribution of property or proceeds; intergovernmental agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131a.155 — OR Code / Title 14 / Chapter 131a / Section 131a.155
131A.155 Recorded forfeiture notice
Status: in_force

(1) If a forfeiting agency intends to seek forfeiture of real property, the forfeiting agency may record a forfeiture notice in the form prescribed in this section in the County Clerk Lien Record. The notice must contain the legal description of the real property, any street address for the property, and the name and address of the forfeiture counsel. From the time of recording the notice, the recording is notice to purchasers and other transferees of the rights and equities in the premises of the forfeiting agency.

(2) A forfeiture notice must be in substantially the following form:

Pursuant to ORS 131A.155 (Recorded forfeiture notice) , the undersigned states:

That _________ (forfeiting agency) intends to initiate a forfeiture action against the following described real property:

1. The description of the real property to be affected is:

__________________

__________________

__________________

__________________

__________________

2. The common address, if any, is:

__________________

__________________

__________________

Dated this _____ day of ______, _____.

This forfeiture notice expires on _____ day of _________, _____, absent future filings.

Name of agency seeking forfeiture

__________________

Name of attorney

__________________

Address

__________________

__________________

__________________

Telephone number

__________________

State of Oregon )

) ss.

County of _____ )

The foregoing instrument was acknowledged before me this _____ day of _________, _____.

__________________

Notary public for Oregon

My commission expires _________.

(3) A forfeiture notice recorded under this section expires 30 days after the date of filing unless another forfeiture notice is recorded within the 30-day period. If another forfeiture notice is recorded within the 30-day period, the notice remains in effect for 30 days after the notice is recorded. The forfeiting agency may continue to record forfeiture notices in like manner until final disposition of the real property. [2009 c.78 §19]

Source: Section 131A.155 — Recorded forfeiture notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 146.015 — OR Code / Title 14 / Chapter 146 / Section 146.015
146.015 State Medical Examiner Advisory Board
Status: in_force

(1) There is hereby established the State Medical Examiner Advisory Board.

(2) The board shall make policies for the administration of ORS 146.003 (Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992) to 146.189 (Use of records to identify human remains and missing persons) and the Department of State Police shall adopt rules to effectuate the policies.

(3) The board shall recommend the name or names of pathologists to the Superintendent of State Police from which the superintendent shall appoint the Chief Medical Examiner.

(4) The board consists of 11 members appointed by the Governor who are:

(a) The Chair of the Department of Pathology of the Oregon Health and Science University, who is the chairperson of the board;

(b) The State Health Officer;

(c) A sheriff;

(d) A trauma physician recommended by the State Trauma Advisory Board;

(e) A pathologist;

(f) A district attorney;

(g) A funeral service practitioner and embalmer licensed by the State Mortuary and Cemetery Board;

(h) A chief of police;

(i) A member of the defense bar;

(j) A member of the public at large; and

(k) A member of one of the federally recognized Oregon Indian tribes.

(5) The members described in subsection (4)(a) and (b) of this section may serve as long as they hold their respective positions. The term of office of each member described in subsection (4)(c), (f) and (h) of this section is for four years, except that the position becomes vacant if the member ceases to be a sheriff, district attorney or chief of police, respectively. The terms of office of the other members of the State Medical Examiner Advisory Board are for four years.

(6) A member of the board is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(7) The board shall meet annually at a time and place determined by the chairperson. The chairperson or any four members of the board may call a special meeting upon not less than one week’s notice to the members of the board.

(8) Six members of the board constitute a quorum. [1973 c.408 §2; 1995 c.744 §9; 2011 c.28 §1; 2017 c.151 §4]

Source: Section 146.015 — State Medical Examiner Advisory Board; appointment of Chief Medical Examiner; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.320 — OR Code / Title 14 / Chapter 137 / Section 137.320
137.320 Delivery of defendant when committed to Department of Corrections
Status: in_force

(1) Except as provided in ORS 137.124 (Commitment of defendant to Department of Corrections or county) , when a judgment includes commitment to the legal and physical custody of the Department of Corrections, the sheriff shall deliver the defendant, together with a copy of the entry of judgment and a statement signed by the sheriff of the number of days the defendant was imprisoned prior to delivery, to the superintendent of the Department of Corrections institution to which the defendant is initially assigned pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county) . If at the time of entry of a judgment, the defendant was serving a term of incarceration at the direction of the supervisory authority of a county upon conviction of a prior felony, the sheriff shall also deliver to the Department of Corrections a copy of the prior entry of judgment committing the defendant to the supervisory authority of the county of conviction and a statement of the number of days the defendant has remaining to be served on the term or incarceration imposed in the prior judgment.

(2) If the defendant is surrendered to another legal authority prior to delivery to an institution of the Department of Corrections, the sheriff shall forward to the Department of Corrections copies of the entry of all pertinent judgments, a statement of the number of days the defendant was imprisoned prior to surrender, a statement of the number of days the defendant has remaining to be served on any term of incarceration the defendant was serving at the direction of the supervisory authority of a county upon conviction of a prior felony and an identification of the authority to whom the prisoner was surrendered.

(3) Upon receipt of the information described in subsection (1) or (2) of this section, the Department of Corrections shall establish a case file and compute the defendant’s sentence in accordance with the provisions of ORS 137.370 (Commencement and computation of term of imprisonment in state correctional institution) .

(4) When the judgment is imprisonment in the county jail or a fine and that the defendant be imprisoned until it is paid, the judgment shall be executed by the sheriff of the county. The sheriff shall compute the time the defendant was imprisoned after arrest and prior to the commencement of the term specified in the judgment. Such time shall be credited toward the term of the sentence. [Amended by 1955 c.660 §14; 1967 c.232 §1; 1967 c.585 §5; 1971 c.619 §1; 1973 c.631 §1; 1981 c.424 §1; 1987 c.320 §34; 1995 c.423 §29; 2014 c.31 §2]

Source: Section 137.320 — Delivery of defendant when committed to Department of Corrections; credit on sentence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.275 — OR Code / Title 14 / Chapter 138 / Section 138.275
138.275 Notice to parties concerning modified judgment or order or supplemental judgment
Status: in_force

If the appellate court, during the pendency of an appeal, receives from the trial court an amended, corrected or supplemental judgment or an amended or corrected appealable order, the appellate court shall notify the attorney of record for the state and the attorney of record for the defendant or, if the defendant is not represented by an attorney, the defendant. [2017 c.529 §10]

Source: Section 138.275 — Notice to parties concerning modified judgment or order or supplemental judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.837 — OR Code / Title 14 / Chapter 133 / Section 133.837
133.837 Appointment of agent to return fugitive from this state who waives extradition
Status: in_force

In the event a fugitive from this state shall waive extradition, an agent or agents to secure the return of the fugitive may be appointed by the district attorney of the county in which the offense was committed, and the account of such agent or agents embracing necessary expenses incurred in performing the service, shall be audited and paid in the same manner as accounts presented under ORS 133.857 (Payment of agent’s expenses) . [Formerly 147.235]

Source: Section 133.837 — Appointment of agent to return fugitive from this state who waives extradition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.703 — OR Code / Title 14 / Chapter 133 / Section 133.703
133.703 Identity of informants
Status: in_force

(1) In any proceeding on a motion to suppress evidence wherein, pursuant to ORS 133.693 (Challenge to truth of evidence) , the good faith of the testimony presented to establish probable cause is contested, and wherein such testimony includes a report of information furnished by an informant whose identity is not disclosed in the testimony, the moving party shall be entitled to prevail on the motion to suppress and evidence obtained as a result of the information furnished by the informant shall be suppressed unless:

(a) The evidence sought to be suppressed was seized by authority of a search warrant and the informant testified in person before the issuing authority; or

(b) The judge determines from the affiant by a preponderance of the evidence that such confidential informant exists and is reliable.

(2) If the defendant is entitled to prevail on the motion to suppress under subsection (1) of this section, the evidence obtained as a result of the information furnished by the informant shall be suppressed. [1973 c.836 §119]

Source: Section 133.703 — Identity of informants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.340 — OR Code / Title 14 / Chapter 133 / Section 133.340
133.340 Authority to order arrest for crime committed in presence of magistrate
Status: in_force

When a crime is committed in the presence of a magistrate, the magistrate may, by a verbal or written order, command any person to arrest the offender and may thereupon proceed as if the offender had been brought before the magistrate upon a warrant of arrest. [Amended by 1973 c.836 §73; 1983 c.661 §8]

Source: Section 133.340 — Authority to order arrest for crime committed in presence of magistrate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.222 — OR Code / Title 14 / Chapter 137 / Section 137.222
137.222 Motion for reduction of marijuana conviction offense classification
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding ORS 161.525 (“Felony” described) , a person by motion may request the court to reduce the offense classification of a marijuana conviction as provided in this section.

(b) A marijuana conviction is eligible for reduction under this section if, since entry of judgment of conviction, the marijuana offense has been:

(A) Reduced from a felony to a misdemeanor;

(B) Reduced from a higher level felony to a lower level felony;

(C) Reduced from a higher level misdemeanor to a lower level misdemeanor; or

(D) Reduced from a crime to a violation.

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

(3) Intentionally left blank —Ed.

(a) At the time of filing the motion, the person shall serve a copy of the motion upon the office of the prosecuting attorney of the jurisdiction in which the judgment of conviction was entered.

(b) The prosecuting attorney, within 30 days after the filing of the motion under paragraph (a) of this subsection, may file an objection to granting the motion only on the basis that:

(A) The person’s conviction is not eligible for reduction under this section; or

(B) The person has not completed and fully complied with or performed the sentence of the court.

(4) If no objection from the prosecuting attorney is received by the court within 30 days after the filing of the motion, the court shall grant the motion and proceed as provided in subsection (6) of this section if the conviction is eligible for reduction under this section and the court determines that the person has completed and fully complied with or performed the sentence of the court.

(5) Intentionally left blank —Ed.

(a) If the court receives an objection from the prosecuting attorney, the court shall hold a hearing.

(b) At the hearing, the person has the burden of establishing, by a preponderance of the evidence, that:

(A) The conviction is eligible for reduction under this section; and

(B) The person completed and fully complied with or performed the sentence of the court.

(c) If, at the hearing, the court determines that the conviction is eligible for reduction under this section and the person completed and fully complied with or performed the sentence of the court, the court shall grant the motion and proceed as provided in subsection (6) of this section.

(6) Upon granting a motion under this section, the court shall enter an amended judgment of conviction at the appropriate offense level. [2019 c.473 §1]

Note: 137.222 (Motion for reduction of marijuana conviction offense classification) 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 137.222 — Motion for reduction of marijuana conviction offense classification; entry of amended judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.012 — OR Code / Title 14 / Chapter 153 / Section 153.012
153.012 Violation categories
Status: in_force

Violations are classified for the purpose of sentencing into the following categories:

(1) Class A violations.

(2) Class B violations.

(3) Class C violations.

(4) Class D violations.

(5) Class E violations.

(6) Unclassified violations as described in ORS 153.015 (Unclassified and specific fine violations) .

(7) Specific fine violations as described in ORS 153.015 (Unclassified and specific fine violations) . [1999 c.1051 §4; 2021 c.2 §18: 2021 c.591 §11]

Source: Section 153.012 — Violation categories , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 136.310 — OR Code / Title 14 / Chapter 136 / Section 136.310
136.310 Function of court
Status: in_force

All questions of law, including the admissibility of testimony, the facts preliminary to such admission and the construction of statutes and other writings and other rules of evidence shall be decided by the court. All discussions of law shall be addressed to it. Whenever the knowledge of the court is by statute made evidence of a fact, the court shall declare such knowledge to the jury, which is bound to accept it as conclusive, except as provided in ORS 40.085 (Rule 201(g). Instructing the jury) . [Amended by 1983 c.433 §4]

Source: Section 136.310 — Function of court; effect of judicial notice of a fact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.908 — OR Code / Title 14 / Chapter 131 / Section 131.908
131.908 Funding contributions
Status: in_force

Portland State University may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the Law Enforcement Contacts Policy and Data Review Committee. [2001 c.687 §8; 2007 c.190 §3]

Source: Section 131.908 — Funding contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.045 — OR Code / Title 14 / Chapter 131 / Section 131.045
131.045 Appearances by simultaneous electronic transmission
Status: in_force

(1) As used in this section:

(a) “Criminal proceeding” has the meaning given that term in ORS 131.005 (General definitions) .

(b) “Parties” means the State of Oregon and the person being prosecuted.

(c) “Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows:

(A) The court and the person making the appearance to communicate with each other during the proceeding;

(B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;

(C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and

(D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.

(2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if:

(a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section;

(b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and

(c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute.

(3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.

(4) Notwithstanding subsection (2)(b) of this section, a witness in a criminal proceeding may not appear before a jury by simultaneous electronic transmission without the written consent of the parties and the agreement of the court.

(5) This section does not apply to a hearing under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) . [2005 c.566 §4; 2009 c.219 §2]

Source: Section 131.045 — Appearances by simultaneous electronic transmission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.087 — OR Code / Title 14 / Chapter 144 / Section 144.087
144.087 “Supervisory authority” defined
Status: in_force

(1) As used in ORS 137.124 (Commitment of defendant to Department of Corrections or county) , 144.085 (Active parole and post-prison supervision) and 423.478 (Duties of department and counties) , ORS chapter 144 and this section, “supervisory authority” means the state or local corrections agency or official designated in each county by that county’s board of county commissioners or county court to operate corrections supervision services, custodial facilities or both.

(2) Except as provided in ORS 137.124 (Commitment of defendant to Department of Corrections or county) , 137.593 (Duty of corrections agencies to impose structured, intermediate sanctions for probation violations) (2)(d) and 423.478 (Duties of department and counties) , all terms of imprisonment or incarceration of 12 months or less must be served at the direction of the supervisory authority.

(3) Nothing in this section is intended to repeal ORS 169.320 (Control over prisoners) to 169.360 (Appointment of keeper of local correctional facility) , or in any way affect the sheriff’s authority, duties and liabilities set forth in ORS 169.320 (Control over prisoners) to 169.360 (Appointment of keeper of local correctional facility) . [1995 c.423 §27; 1996 c.4 §11]

Note: 144.087 (“Supervisory authority” defined) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.087 — “Supervisory authority” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.805 — OR Code / Title 14 / Chapter 135 / Section 135.805
135.805 Applicability
Status: in_force

(1) The provisions of ORS 135.805 (Applicability) to 135.873 (Protective orders) are applicable to all criminal prosecutions in which the charging instrument has been brought in a court of record.

(2) Except as otherwise provided in a protective order entered under ORS 135.873 (Protective orders) , or any other provision of law prohibiting or restricting the disclosure of specific material or information, as used in ORS 135.805 (Applicability) to 135.873 (Protective orders) , “disclose” means to provide:

(a) A copy of the material, including but not limited to any document, photograph, report, audio recording, video recording or electronically stored information;

(b) The opportunity to inspect and photograph tangible physical evidence; and

(c) The opportunity to conduct independent testing of tangible physical evidence, provided that the testing does not destroy the evidence.

(3) Subsection (2)(a) of this section does not apply to any material that contains depictions of sexually explicit conduct involving a child, as those terms are defined in ORS 163.665 (Definitions) . [1973 c.836 §213; 1977 c.617 §1; 2021 c.409 §1]

Source: Section 135.805 — Applicability; scope of disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.315 — OR Code / Title 14 / Chapter 135 / Section 135.315
135.315 Types of pleading
Status: in_force

The only pleadings on the part of the defendant are the demurrer and plea. [Formerly 135.430]

Source: Section 135.315 — Types of pleading , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.295 — OR Code / Title 14 / Chapter 136 / Section 136.295
136.295 Application of ORS 136.290
Status: repealed

(1) ORS 136.290 (Limit on custody of defendant prior to trial) does not apply to persons charged with crimes that are not releasable offenses under ORS 135.240 (Releasable offenses) or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.

(2) Intentionally left blank —Ed.

(a) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.

(b) For purposes of this subsection, an extradition is presumed to have been conducted with all practicable speed if it has been conducted within 90 days after the date the defendant has been delivered to an agent of this state.

(3) Any reasonable delay resulting from examination or hearing regarding the defendant’s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.

(4) Intentionally left blank —Ed.

(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.

(b) As used in this subsection, “good cause” means situations in which:

(A) The court failed to comply with ORS 136.145 (Setting of court dates when presence of victim required) and the victim is unable to attend the trial;

(B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;

(C) The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;

(D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;

(E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;

(F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;

(G) The defendant has filed notice under ORS 161.309 (Notice of mental defense) of the defendant’s intention to rely upon a defense of insanity, partial responsibility or diminished capacity;

(H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period;

(I) A claim under ORS 147.515 (Claims) , or a motion under ORS 147.522 (Issue that will have impact on trial) , relating to victims’ rights is pending, the court has considered the factors described in ORS 147.525 (Rescheduling matters affected by claim, response or motion) and the court has determined that the trial date should be rescheduled subject to the time limit provided in ORS 147.525 (Rescheduling matters affected by claim, response or motion) ; or

(J) The defendant has received discovery of digital video evidence from a video camera worn upon a law enforcement officer’s person and, though discovery has occurred in a reasonably timely manner, editing of the digital video evidence is necessary.

(5) Any period following defendant’s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 §5; 1973 c.836 §236; 1999 c.923 §2; amendments by 1999 c.923 §4 repealed by 2001 c.870 §19; 2003 c.127 §3; 2009 c.178 §34; 2009 c.357 §1; 2015 c.550 §4]

Source: Section 136.295 — Application of ORS 136.290; when extensions granted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 146.174 — OR Code / Title 14 / Chapter 146 / Section 146.174
146.174 Medical examiner to provide information about unidentified human remains
Status: in_force

(1) If a medical examiner is unable to determine the identity of human remains, the medical examiner shall, not later than 30 days after such remains are brought to the medical examiner’s attention, notify and provide to the Superintendent of State Police or the superintendent’s designee all information in the medical examiner’s records concerning the remains.

(2) The medical examiner shall make reasonable attempts to promptly identify human remains and may consider procedures consistent with current forensic autopsy performance standards of the National Association of Medical Examiners. Reasonable attempts to identify human remains include, but are not limited to, obtaining:

(a) Photographs of the remains prior to an autopsy;

(b) Dental or skeletal X-rays of the remains;

(c) Photographs of items found with the remains;

(d) Fingerprints of the remains; and

(e) Samples of tissue, bone or hair from the remains that are suitable for DNA (deoxyribonucleic acid) analysis.

(3) The medical examiner may not dispose of unidentified human remains, or take any action that materially affects the unidentified human remains, before the medical examiner completes the steps described in subsection (2) of this section. [Formerly 146.515]

Source: Section 146.174 — Medical examiner to provide information about unidentified human remains; identification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 133.753 — OR Code / Title 14 / Chapter 133 / Section 133.753
133.753 Form of demand
Status: in_force

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of security release, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. [Formerly 147.030; 1999 c.1051 §246]

Source: Section 133.753 — Form of demand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 147.055 — OR Code / Title 14 / Chapter 147 / Section 147.055
147.055 Emergency awards
Status: in_force

(1) The Department of Justice may make an emergency award to the applicant pending a final decision in the claim, if it appears to the department, prior to taking action upon the claim that:

(a) The claim is one with respect to which an award probably will be made; and

(b) Undue hardship will result to the applicant if immediate payment is not made.

(2) Intentionally left blank —Ed.

(a) The amount of such emergency award shall not exceed $1,000.

(b) The amount of such emergency award shall be deducted from any final award made as a result of the claim.

(c) The excess of the amount of such emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the recipient to the department. [1977 c.376 §7; 2023 c.318 §9]

Source: Section 147.055 — Emergency awards; amount; effect on final award , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.395 — OR Code / Title 14 / Chapter 147 / Section 147.395
147.395 Definitions
Status: in_force

As used in ORS 147.397 (Payment of costs) :

(1) “Complete medical assessment” means an assessment that consists of:

(a) A medical examination;

(b) The collection of forensic evidence using an evidence collection kit approved by the Department of State Police; and

(c) The offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception.

(2) “Medical assessment” means a complete or partial medical assessment.

(3) “Partial medical assessment” means an assessment that consists of:

(a) A medical examination; and

(b) The offering and, if requested, provision of emergency contraception, sexually transmitted infection prevention and, for a victim who is 17 years of age or younger, prescriptions for emergency contraception.

(4) “Sexual assault forensic evidence kit” has the meaning given that term in ORS 181A.323 (Definitions for ORS 181A.323 to 181A.328) . [2003 c.789 §1; 2007 c.268 §1; 2018 c.120 §3; 2019 c.280 §3]

Note: 147.395 (Definitions) to 147.399 (Sexual Assault Victims’ Emergency Medical Response Fund) 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 147.395 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.725 — OR Code / Title 14 / Chapter 137 / Section 137.725
137.725 Presumptive life sentence for certain sex offenders upon second conviction
Status: in_force

(1) The presumptive sentence for a crime described in subsection (3) of this section is life imprisonment without the possibility of release or parole if, at the time of the offense, the defendant has a prior conviction for a crime described in subsection (4) of this section.

(2) The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if the court imposes a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons.

(3) The crimes to which the sentence described in subsection (1) of this section applies are:

(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) ; and

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

(4) The prior convictions that give rise to a sentence described in subsection (1) of this section are:

(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) An equivalent federal offense; and

(e) An equivalent offense in another state. [2017 c.699 §1]

Note: 137.725 (Presumptive life sentence for certain sex offenders upon second conviction) 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.

SENTENCING REQUIREMENTS CONCERNING DEFENDANT’S ELIGIBILITY FOR CERTAIN TYPES OF LEAVE, RELEASE OR PROGRAMS

Source: Section 137.725 — Presumptive life sentence for certain sex offenders upon second conviction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.560 — OR Code / Title 14 / Chapter 147 / Section 147.560
147.560 Task Force on Victims’ Rights Enforcement
Status: repealed

(1) There is created the Task Force on Victims’ Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows:

(a) The Attorney General shall appoint:

(A) Two members employed by or associated with a group advocating for the rights of victims of crime;

(B) A member who represents the Department of Justice Crime Victims’ Services Division;

(C) A lawyer routinely engaged in the representation of persons charged with a crime, after consulting with professional organizations serving such lawyers;

(D) A lawyer routinely engaged in prosecuting persons charged with person felony crimes, after consulting with professional organizations serving such lawyers;

(E) A lawyer routinely engaged in prosecuting persons charged with a crime, after consulting with professional organizations serving such lawyers; and

(F) Other persons the Attorney General deems appropriate;

(b) The Chief Justice of the Supreme Court shall appoint:

(A) A person employed by the Judicial Department, other than a judge; and

(B) A judge; and

(c) The executive director of the Oregon Public Defense Commission shall appoint a person employed by the commission.

(2) The task force shall review the implementation of ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) .

(3) The Attorney General shall serve as chair of the task force and may establish a term of office for the members. The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(4) Members serve at the pleasure of the appointing authority. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(5) The task force may prepare reports that include recommendations for legislation designed to improve, in a cost-efficient manner, the protection of rights granted to victims of crime by the Oregon Constitution. The task force may submit a report prepared under this subsection to the Legislative Assembly in the manner provided in ORS 192.245 (Form of report to legislature) .

(6) Members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(7) The Department of Justice shall provide staff support to the task force.

(8) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2009 c.178 §20; repealed by 2009 c.178 §21; amendments by 2013 c.582 §2 treated as reenactment; status of statute reaffirmed by 2015 c.27 §13; 2023 c.281 §35]

Note: 147.560 (Task Force on Victims’ Rights Enforcement) 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 147.560 — Task Force on Victims’ Rights Enforcement; duties; reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 138.005 — OR Code / Title 14 / Chapter 138 / Section 138.005
138.005 Definitions for ORS 138.010 to 138.310
Status: in_force

As used in ORS 138.010 (Mode of review) to 138.310 (Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation) :

(1) Unless the context requires otherwise, the terms defined in ORS 19.005 (Definitions) have the meanings set forth in ORS 19.005 (Definitions) .

(2) “Appealable” means, in reference to a judgment or order rendered by a trial court, that the judgment or order is, by law, subject to appeal by a party.

(3) “Colorable claim of error” means an argument that is plausible, grounded in the facts of the case, and reasonable under current law or a reasonable extension or modification of current law.

(4) “Reviewable” means, in reference to a particular decision of a trial court on appeal from an appealable judgment or order, that the appellate court may, by law, consider the decision and resolve an issue regarding the decision.

(5) “Sentence” means all legal consequences established or imposed by the trial court after conviction of an offense, including but not limited to:

(a) Forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution and community service; and

(b) Suspension of imposition or execution of any part of a sentence, extension of a period of probation, imposition of a new or modified condition of probation or of sentence suspension, and imposition or execution of a sentence upon revocation of probation or sentence suspension. [1959 c.558 §35; 2017 c.529 §1]

Source: Section 138.005 — Definitions for ORS 138.010 to 138.310 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 131a.015 — OR Code / Title 14 / Chapter 131a / Section 131a.015
131A.015 Vesting of title to forfeited property
Status: in_force

Subject to this chapter, all right, title and interest in property forfeited under this chapter vests in the forfeiting agency upon the occurrence of the prohibited conduct on which the forfeiture is based. [2009 c.78 §3]

Source: Section 131A.015 — Vesting of title to forfeited property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 147.453 — OR Code / Title 14 / Chapter 147 / Section 147.453
147.453 Oregon Domestic and Sexual Violence Services Fund
Status: in_force

There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Domestic and Sexual Violence Services Fund. All moneys in the fund are continuously appropriated to the Department of Justice and shall be used by the department to carry out a program of domestic and sexual violence services that:

(1) Provides safety for and assists victims of domestic violence and sexual assault, promotes effective intervention and reduces the incidence of domestic violence and sexual assault;

(2) Advocates for victims and for domestic violence and sexual assault services;

(3) Promotes and facilitates interagency and interdepartmental cooperation among state agencies, including the Department of Human Services, and among different levels of government in this state in the delivery and funding of services; and

(4) Encourages and supports services, programs and curricula to educate and inform students in grades 7 through 12 about teen dating violence and domestic violence, to provide assistance to victims of teen dating violence and domestic violence, and to prevent and reduce the incidence of teen dating violence and domestic violence. [2001 c.870 §24; 2009 c.411 §2; 2012 c.69 §3; 2015 c.400 §1]

Note: See note under 147.450 (Definitions) .

Source: Section 147.453 — Oregon Domestic and Sexual Violence Services Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.247 — OR Code / Title 14 / Chapter 135 / Section 135.247
135.247 Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence
Status: in_force

(1) When a release assistance officer makes a release decision under ORS 135.235 (Release assistance officers) involving a defendant charged with a sex crime, a crime involving bias or a crime constituting domestic violence, the release assistance officer shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer shall provide the defendant with a written copy of the order.

(2) When a defendant who is charged with a sex crime, a crime involving bias or a crime that constitutes domestic violence is arraigned, the court shall enter an order continuing an order issued under subsection (1) of this section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody.

(3) Except as provided in subsection (4) of this section, an order described in subsection (1) or (2) of this section:

(a) Shall apply at any time during which the defendant is held in custody on the charge; and

(b) Shall remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime.

(4) Upon petition of the victim, the court may enter an order terminating an order entered under subsection (1) or (2) of this section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community.

(5) An order described in subsection (1) or (2) of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970 (Information required when victim contacted by defense) (2).

(6) As used in this section:

(a) “Crime involving bias” means intimidation by display of a noose under ORS 163.191 (Intimidation by display of a noose) , bias crime in the second degree under ORS 166.155 (Bias crime in the second degree) or bias crime in the first degree under ORS 166.165 (Bias crime in the first degree) .

(b) “Domestic violence” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290) .

(c) “Sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) . [2011 c.232 §1; 2015 c.264 §1; 2021 c.643 §6; 2023 c.549 §5]

Note: 135.247 (Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 135.247 — Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.405 — OR Code / Title 14 / Chapter 144 / Section 144.405
144.405 Duty of officer upon seizure
Status: in_force

(1) Notwithstanding ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and ORS 133.623 (Handling and disposition of things seized) , upon seizing property in connection with a suspected violation of the conditions of supervision, a parole and probation officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy to the suspected supervision violator. The list shall contain a notice informing the person of the right to contest the seizure by filing a petition and shall contain such other information as the Department of Corrections, by rule, may require.

(2) If no claim of rightful possession has been established under ORS 144.405 (Duty of officer upon seizure) to 144.409 (Granting petition for return of things seized) , the Department of Corrections may order the sale, destruction or other disposition of the things seized. The department may enter into agreements with other state and local officials responsible under applicable laws for selling, destroying or otherwise disposing of contraband or forfeited or unclaimed goods in official custody for ultimate disposition of the things seized. The clear proceeds, if any, generated by the disposition of things seized shall be deposited in the State Treasury to the credit of the General Fund.

(3) If things seized by a parole and probation officer in execution of duty are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession to the satisfaction of the Department of Corrections, the department may summarily return the things seized to their rightful possessor.

(4) If the things seized are contraband, the fruits of crime or things otherwise criminally possessed, the Department of Corrections may:

(a) Relinquish custody of the things seized to appropriate law enforcement officials for disposition; or

(b) Hold and safeguard the things seized until directed by appropriate law enforcement officials that the things in question are no longer needed for purposes of criminal prosecution. [1991 c.286 §2; 2021 c.206 §2]

Note: See note under 144.404 (Department of Corrections authority to receive, hold and dispose of property) .

Source: Section 144.405 — Duty of officer upon seizure; disposition of property if no claim to rightful possession is established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.370 — OR Code / Title 14 / Chapter 137 / Section 137.370
137.370 Commencement and computation of term of imprisonment in state correctional institution
Status: in_force

(1) When a person is sentenced to imprisonment in the custody of the Department of Corrections, the term of confinement therein commences from the day the person is delivered to the custody of an officer of the Department of Corrections for the purpose of serving the sentence executed, regardless of whether the sentence is to be served in a state or federal institution.

(2) Except as provided in subsections (3) and (4) of this section, when a person is sentenced to imprisonment in the custody of the Department of Corrections, for the purpose of computing the amount of sentence served the term of confinement includes only:

(a) The time that the person is confined by any authority after the arrest for:

(A) The crime for which sentence is imposed;

(B) A lesser included or greater inclusive offense of the crime for which sentence was imposed; and

(C) Any other crime constituting a violation of Oregon law within the same county designated by the sentencing court in the judgment as having been committed as part of the same criminal episode as the crime for which sentence was imposed; and

(b) The time that the person is authorized by the Department of Corrections to spend outside a confinement facility, in a program conducted by or for the Department of Corrections.

(3) When a judgment of conviction is vacated and a new sentence is thereafter imposed upon the defendant for the same crime, a lesser included or greater inclusive offense of the crime, or any crime constituting a violation of Oregon law within the same county designated by the sentencing court in the judgment as having been committed as part of the same criminal episode as the crime, the period of detention and imprisonment theretofore served shall be deducted from the maximum term, and from the minimum, if any, of the new sentence.

(4) Unless the court expressly orders otherwise, a person who is confined as the result of a sentence for a crime or conduct that is not directly related to the crime for which the sentence is imposed, or for violation of the conditions of probation, parole or post-prison supervision, shall not receive presentence incarceration credit for the time served in jail toward service of the term of confinement.

(5) Unless the court expressly orders otherwise, a term of imprisonment shall be concurrent with that portion of any sentence previously imposed that remains unexpired at the time the court imposes sentence. This subsection applies regardless of whether the earlier sentence was imposed by the same or any other court, and regardless of whether the earlier sentence is being or is to be served in the same penal institution or under the same correctional authority as will be the later sentence.

(6) As used in this section, “criminal episode” has the meaning given that term in ORS 131.505 (Definitions for ORS 131.505 to 131.525) . [Amended by 1955 c.660 §15; 1965 c.463 §19; 1967 c.232 §2; 1973 c.562 §2; 1973 c.631 §4; 1981 c.424 §2; 1987 c.251 §4; 1987 c.320 §35; 1995 c.657 §20; 2015 c.508 §§1,4]

Source: Section 137.370 — Commencement and computation of term of imprisonment in state correctional institution; sentences concurrent unless court orders otherwise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.655 — OR Code / Title 14 / Chapter 144 / Section 144.655
144.655 Request to seal records of pardoned conviction
Status: in_force

(1) A person pardoned more than five years prior to June 13, 2019, may request, in writing, that the Governor initiate the process of sealing records relating to the pardoned conviction. The request must include the date of the pardon, the crime of conviction and the county in which the pardoned conviction occurred.

(2) Upon receipt of a request to seal records under subsection (1) of this section, the Governor or the Governor’s designee shall confirm the information in the request and, upon confirmation, shall notify:

(a) The presiding judge of the circuit court of the county in which the pardoned conviction occurred; and

(b) The district attorney of the county in which the pardoned conviction occurred.

(3) Upon receipt of the notification described in subsection (2)(a) of this section, the presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge but excluding records of the pardon produced under ORS 144.650 (Notice of intention to apply for pardon, commutation or remission) or 144.660 (Report to legislature by Governor) or documents filed with the Secretary of State under ORS 144.670 (Filing of papers by Governor) . The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court.

(4) Upon receipt of the notification described in subsection (2)(b) of this section, the district attorney shall notify the victim concerning the sealing of records. [2019 c.369 §4]

Note: See note under 144.653 (Sealing records of pardoned conviction) .

Source: Section 144.655 — Request to seal records of pardoned conviction; notice to victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 138.694 — OR Code / Title 14 / Chapter 138 / Section 138.694
138.694 Appointed counsel
Status: in_force

(1) A person described in ORS 138.690 (Commencement of DNA testing proceedings) is entitled to counsel during all stages of the proceedings described in ORS 138.692 (Motion for DNA testing) , 138.696 (Test results) , 138.697 (Appeal of court order) and 138.700 (Entry of unidentified profile into DNA databases) .

(2) A person described in ORS 138.690 (Commencement of DNA testing proceedings) may file a petition in the circuit court in which the judgment of conviction was entered requesting the appointment of counsel at state expense to assist the person in determining whether to file a motion under ORS 138.692 (Motion for DNA testing) . The petition must be accompanied by:

(a) A completed affidavit of eligibility for appointment of counsel at state expense; and

(b) An affidavit stating that:

(A) The person meets the criteria in ORS 138.690 (Commencement of DNA testing proceedings) ;

(B) The person is innocent of the charge for which the person was convicted; and

(C) The person is without sufficient funds and assets, as shown by the affidavit required by paragraph (a) of this subsection, to hire an attorney to represent the person in determining whether to file a motion under ORS 138.692 (Motion for DNA testing) .

(3) The court shall grant a petition filed under this section if:

(a) The petitioner complies with the requirements of subsection (2) of this section; and

(b) It appears to the court that the petitioner is financially unable to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the matter.

(4) An attorney appointed under this section:

(a) If other than counsel provided pursuant to ORS 151.460, is entitled to compensation and expenses as provided in ORS 135.055 (Compensation and expenses of appointed counsel) ; or

(b) If counsel provided pursuant to ORS 151.460, is entitled to expenses as provided in ORS 135.055 (Compensation and expenses of appointed counsel) . [2001 c.697 §4; 2007 c.800 §3; 2015 c.564 §3; 2019 c.368 §5]

Note: See note under 138.688 (Definitions) .

Source: Section 138.694 — Appointed counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.069 — OR Code / Title 14 / Chapter 133 / Section 133.069
133.069 Contents of criminal citation issued with complaint
Status: in_force

(1) A criminal citation issued with a form of complaint must contain:

(a) The name of the court at which the cited person is to appear.

(b) The name of the person cited.

(c) A complaint containing at least the following:

(A) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.

(B) A statement or designation of the crime that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the crime is alleged to have been committed.

(C) A form of certificate in which the peace officer must certify that the peace officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the offense specified in the complaint. A certificate conforming to this subparagraph shall be deemed equivalent to a sworn complaint.

(d) The date on which the citation was issued, and the name of the peace officer who issued the citation.

(e) The date, time and place at which the person cited is to appear in court, and a summons to so appear.

(f) If the arrest was made by a private party, the name of the arresting person.

(2) The district attorney for the county shall review any criminal citation issued with a form of complaint that is to be filed in a circuit or justice court. The review must be done before the complaint is filed.

(3) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

(4) A court may amend a complaint at its discretion. [1999 c.1051 §61; 2001 c.870 §10; 2005 c.566 §1]

Source: Section 133.069 — Contents of criminal citation issued with complaint; nonconformance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.770 — OR Code / Title 14 / Chapter 153 / Section 153.770
153.770 Electronic filing of citation for offenses subject to written uniform citation
Status: in_force

(1) Notwithstanding ORS 1.525 (Uniform citation and petition forms for certain offenses) , 153.045 (Citation) , 221.333 (Parking ordinance violation) and 810.425 (Procedure in certain parking cases) , a law enforcement officer or a person authorized to enforce parking ordinance violations, following procedures established by court rule, may file a citation with the court by electronic means, without an actual signature of the officer, in lieu of using a written uniform citation. A citation filed under this section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) . Law enforcement officers who file citations under this section will be deemed to certify to the complaint and will continue to have the same rights, responsibilities and liabilities in relation to those citations as to citations with complaints that are certified by an actual signature.

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

(a) The information electronically filed includes all information required on a uniform citation adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) , or as required under ORS 221.333 (Parking ordinance violation) and 810.425 (Procedure in certain parking cases) for parking ordinance violations. However, an electronically filed citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) , shall not be prohibited by or found in violation of a rule established under this subsection.

(b) The citation filed electronically is verifiable as being filed by a specific law enforcement officer or, for parking ordinance violations, by a person authorized to enforce parking ordinance violations.

(c) Members of the public can obtain copies of and review citations that are electronically filed and maintained under this section in the same manner as for citations filed on paper. [1995 c.781 §53; 1999 c.1051 §129; 2001 c.911 §2; 2015 c.13 §2]

Source: Section 153.770 — Electronic filing of citation for offenses subject to written uniform citation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 131.415 — OR Code / Title 14 / Chapter 131 / Section 131.415
131.415 Conveyance of defendant in custody after change of venue
Status: in_force

When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried. [1973 c.836 §25]

Source: Section 131.415 — Conveyance of defendant in custody after change of venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131a.070 — OR Code / Title 14 / Chapter 131a / Section 131a.070
131A.070 Delivery by third person
Status: in_force

(1) Except as provided in ORS 131A.080 (Care and custody of seized property generally) (3), a person who has control or custody of property must deliver the property to a police officer if the police officer presents a court order issued under ORS 131A.060 (Seizure with court order) or the police officer has probable cause to believe that the property is subject to forfeiture.

(2) Any person who delivers property in obedience to a court order or pursuant to a direction from a police officer is not liable to any person by reason of the delivery, and is not liable for any costs incurred by reason of any contamination of the delivered property, including but not limited to any disposal costs for the property, any hazardous waste or material, any contraband or any other contamination contained in property seized under this section. [2009 c.78 §11]

Source: Section 131A.070 — Delivery by third person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.857 — OR Code / Title 14 / Chapter 135 / Section 135.857
135.857 Disclosure to victim
Status: in_force

(1) In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or drugs, the district attorney prosecuting the action shall make available, upon request, to the victim or victims and to their attorney, or to the survivors of the victim or victims and to their attorney, all reports and information disclosed to the defendant pursuant to ORS 135.805 (Applicability) to 135.873 (Protective orders) . The reports and information shall be made available at the same time as it is disclosed to the defendant or as soon thereafter as may be practicable after a request is received. The district attorney may impose such conditions as may be reasonable and necessary to prevent the release of the reports and information from interfering with the trial of the defendant. The district attorney may apply to the court for an order requiring any person receiving such reports and information to comply with the conditions of release.

(2) For the purpose of this section:

(a) “District attorney” has that meaning given in ORS 131.005 (General definitions) .

(b) “Drug” has that meaning given in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) . [1991 c.229 §2]

Source: Section 135.857 — Disclosure to victim; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 151.491 — OR Code / Title 14 / Chapter 151 / Section 151.491
151.491 Authority of person verifying financial eligibility
Status: in_force

(1) State courts or authorized designees who conduct the verification of the financial statement submitted by a person seeking or having appointed counsel payable at state expense under ORS 151.216 (Commission duties) and 151.219 (Executive director) may require the person to execute and deliver any written requests or authorizations as may be necessary under applicable law to provide the state court or authorized designee with access to records of public or private source, otherwise confidential, as may be needed to evaluate eligibility.

(2) In performing the verification duties under subsection (1) of this section, the state courts are authorized to obtain information from any public record office of the state or of any subdivision or agency of the state upon request and without payment of any fees ordinarily required by law. [1989 c.1053 §16; 2001 c.962 §36]

Source: Section 151.491 — Authority of person verifying financial eligibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 138.081 — OR Code / Title 14 / Chapter 138 / Section 138.081
138.081 Service and filing of notice of appeal
Status: in_force

(1) An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 (Contents of notice of appeal) to be served:

(a) Intentionally left blank —Ed.

(A) When the defendant appeals, on the district attorney for the county in which the judgment is entered or, if the appeal is under ORS 221.360 (Appeal on issue of constitutionality of charter provision or ordinance) , on the plaintiff’s attorney; or

(B) When the state appeals, on the attorney of record for the defendant or, if the defendant has no attorney of record, on the defendant;

(b) On the trial court transcript coordinator if a transcript is required in connection with the appeal; and

(c) On the trial court administrator.

(2) Intentionally left blank —Ed.

(a) If the state cannot effect service on the defendant as provided in subsection (1)(a)(B) of this section, the trial court may order alternative service in accordance with ORCP 7 D(6) on proof of the state’s due diligence in attempting to effect service.

(b) Alternative service is not perfected until the time established by the court for response expires and the state files with the appellate court the affidavit or declaration of alternative service.

(3) The notice of appeal signed by the appellant, along with proof of service of the notice, must be filed with the administrator of the court to which the appeal is taken. Proof of service of the notice of appeal may either be part of, or accompany, the original notice when filed. [1971 c.565 §23 (enacted in lieu of 138.080); 1985 c.734 §18; 1997 c.389 §9; 2001 c.870 §8; 2017 c.529 §8]

Source: Section 138.081 — Service and filing of notice of appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.432 — OR Code / Title 14 / Chapter 136 / Section 136.432
136.432 Limitation on court’s authority to exclude relevant evidence
Status: in_force

A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:

(1) The United States Constitution or the Oregon Constitution;

(2) The rules of evidence governing privileges and the admission of hearsay; or

(3) The rights of the press. [1997 c.313 §1]

Note: 136.432 (Limitation on court’s authority to exclude relevant evidence) 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 136.432 — Limitation on court’s authority to exclude relevant evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.115 — OR Code / Title 14 / Chapter 138 / Section 138.115
138.115 Appeal by state
Status: in_force

(1) On appeal by the state, the appellate court has authority to review the judgment or order being appealed, subject to the provisions of this section.

(2) The appellate court has authority to review only questions of law appearing on the record.

(3) Except as otherwise provided in this section, the appellate court has authority to review any intermediate decision involving the merits of, or necessarily affecting, the judgment or order from which the appeal is taken.

(4) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, on appeal from a judgment of conviction of any felony, the appellate court has authority to review only the sentence as provided by subsections (5) and (6) of this section.

(b) The appellate court has authority to review whether the trial court erred in merging determinations of guilt of two or more offenses, unless the merger of determinations of guilt resulted from an agreement between the state and the defendant.

(5) Except as otherwise provided in subsections (6) and (7) of this section, the appellate court has authority to review the sentence imposed on conviction of any felony to determine whether the trial court failed to comply with requirements of law in imposing or failing to impose a sentence.

(6) Except as otherwise provided in subsection (7) of this section, for a sentence imposed on conviction of a felony committed on or after November 1, 1989:

(a) The appellate court has no authority to review:

(A) A sentence that is within the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission.

(B) A sentence of probation when the rules of the Oregon Criminal Justice Commission prescribe a presumptive sentence of imprisonment but allow a sentence of probation without departure.

(C) A sentence of imprisonment when the rules of the Oregon Criminal Justice Commission prescribe a presumptive sentence of imprisonment but allow a sentence of probation without departure.

(b) If the trial court imposed a sentence that departs from the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission, the appellate court’s authority to review is limited to whether the trial court’s findings of fact and reasons justifying a departure from the sentence prescribed by the rules of the Oregon Criminal Justice Commission:

(A) Are supported by the evidence in the record; and

(B) Constitute substantial and compelling reasons for departure.

(c) Notwithstanding paragraph (a) of this subsection, the appellate court has authority to review whether the sentencing court erred:

(A) In ranking the crime seriousness classification of the current crime or in determining the appropriate classification of a prior conviction or juvenile adjudication for criminal history purposes.

(B) In imposing or failing to impose a minimum sentence prescribed 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) .

(7) The appellate court has no authority to review any part of a sentence resulting from a stipulated sentencing agreement between the state and the defendant.

(8) Intentionally left blank —Ed.

(a) On appeal from a corrected or amended judgment that is entered before expiration of the applicable period under ORS 138.071 (Time within which appeal must be taken) (1) or (2) during which the original judgment can be appealed, the appellate court has authority to review the judgment, including the corrections or amendments, as provided in this section.

(b) On appeal from a corrected or amended judgment that is entered after expiration of the applicable period under ORS 138.071 (Time within which appeal must be taken) (1) or (2) during which the original judgment was or could have been appealed, the appellate court has authority to review, as provided in this section, only the corrected or amended part of the judgment, any part of the judgment affected by the correction or amendment, or the trial court’s decision under ORS 137.172 (Entry of corrected judgment) not to correct or amend the judgment.

(c) As used in this subsection, “judgment” means any appealable judgment or order. [2017 c.529 §14]

Source: Section 138.115 — Appeal by state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.066 — OR Code / Title 14 / Chapter 133 / Section 133.066
133.066 Criminal citations generally
Status: in_force

(1) A criminal citation may include a complaint or may be issued without a form of complaint. If a criminal citation is issued without a complaint, the citation must be in the form provided by ORS 133.068 (Contents of criminal citation issued without complaint) . If a criminal citation is issued with a complaint, the citation must be in the form provided by ORS 133.069 (Contents of criminal citation issued with complaint) .

(2) A criminal citation may be issued with a complaint only if a procedure for the issuance of a citation with a complaint has been authorized by the district attorney for the county in which the crime is alleged to have been committed.

(3) A complaint or information may be filed with the court before or after the issuance of a criminal citation without a complaint. Nothing in this section affects the requirement that a complaint or information be filed for the crime charged.

(4) More than one crime may be charged in a single criminal citation. However, if a defendant is to be charged with driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) , a separate criminal citation must be used for the charge of driving while under the influence of intoxicants and that citation may not be used to charge the defendant with the commission of any other crime.

(5) Uniform citation forms for crimes shall be adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) . In adopting those forms, the Supreme Court may combine the requirements for criminal citations under this section and the requirements for violation citations under ORS 153.045 (Citation) . A crime and a violation may not be charged on the same citation form. [1999 c.1051 §57]

Source: Section 133.066 — Criminal citations generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.815 — OR Code / Title 14 / Chapter 133 / Section 133.815
133.815 Forfeiture
Status: in_force

If the prisoner is released and fails to appear according to the condition of the security release or release agreement of the prisoner, the court, by proper order, shall declare the security release or release agreement forfeited, and recovery may be had thereon in the name of the state as in the case of other security releases and release agreements given by the accused in criminal proceedings within this state. [Formerly 147.180]

Source: Section 133.815 — Forfeiture; recovery thereon , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.445 — OR Code / Title 14 / Chapter 136 / Section 136.445
136.445 Motion for acquittal
Status: in_force

In any criminal action the defendant may, after close of the state’s evidence or of all the evidence, move the court for a judgment of acquittal. The court shall grant the motion if the evidence introduced theretofore is such as would not support a verdict against the defendant. The acquittal shall be a bar to another prosecution for the same offense. [Formerly 136.605]

Source: Section 136.445 — Motion for acquittal; standard for granting motion; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.665 — OR Code / Title 14 / Chapter 131 / Section 131.665
131.665 Prevention by public officers
Status: in_force

Crimes may be prevented by the action of public officers in accordance with ORS 131.675 (Dispersal of unlawful assemblages) , 131.685 (Authority of Governor to enter into agreements with other states for crime prevention purposes) , 131.705 (Definitions for ORS 131.705 to 131.735) to 131.735 (Review of exclusion order) , and as otherwise authorized by law. [1973 c.836 §34a (enacted in lieu of 145.010)]

Source: Section 131.665 — Prevention by public officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.075 — OR Code / Title 14 / Chapter 144 / Section 144.075
144.075 Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation
Status: in_force

Any expense incurred by the state for returning to the Department of Corrections any parole or post-prison supervision violator or violator of a conditional commutation or conditional pardon shall be paid out of the biennial appropriations made for the payment of the state’s portion of the expenses incident to such transportation. [1953 c.191 §1; 1973 c.836 §287; 1987 c.320 §50; 1989 c.790 §27]

Source: Section 144.075 — Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.123 — OR Code / Title 14 / Chapter 144 / Section 144.123
144.123 Who may accompany person to parole hearing
Status: in_force

When appearing before the State Board of Parole and Post-Prison Supervision an adult in custody shall have the right to be accompanied by a person chosen by the adult in custody pursuant to rule promulgated jointly by the State Board of Parole and Post-Prison Supervision and the Department of Corrections. [1981 c.644 §1; 1987 c.320 §52; 2019 c.213 §29]

Note: 144.123 (Who may accompany person to parole hearing) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.123 — Who may accompany person to parole hearing; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.556 — OR Code / Title 14 / Chapter 131 / Section 131.556
131.556 Right, title and interest in forfeited property vests in seizing agency
Status: in_force

Subject to ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) , all right, title and interest in property forfeited under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) vest in the seizing agency upon commission of the prohibited conduct. [2005 c.830 §3]

Source: Section 131.556 — Right, title and interest in forfeited property vests in seizing agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.325 — OR Code / Title 14 / Chapter 147 / Section 147.325
147.325 Compensation not subject to assignment or legal process prior to receipt by beneficiary
Status: in_force

No compensation payable under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) shall, prior to actual receipt thereof by the person or beneficiary eligible therefor, or their legal representatives, be assignable or subject to execution, garnishment, attachment or any other process, including process to satisfy an order or judgment for support or alimony. [1977 c.376 §18; 1991 c.862 §8; 2012 c.81 §18]

Source: Section 147.325 — Compensation not subject to assignment or legal process prior to receipt by beneficiary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 136.603 — OR Code / Title 14 / Chapter 136 / Section 136.603
136.603 Payment of witness who is from outside state or is indigent
Status: in_force

(1) Intentionally left blank —Ed.

(a) Whenever any person attends any court, grand jury or committing magistrate as a witness on behalf of the prosecution or of any person accused of a crime upon request of the district attorney or city attorney or pursuant to subpoena, or by virtue of a recognizance for that purpose, and it appears that the witness has come from outside the state or that the witness is indigent, the court may, by an order entered in its records, direct payment to the witness of such sum of money as the court considers reasonable for the expenses of the witness. The order of the court, so entered, is sufficient authority for the payment.

(b) Except as otherwise specifically provided by law, if a witness who is to be paid expenses pursuant to this subsection:

(A) Attends a grand jury, a circuit court or judge thereof, a judge of a county court or a justice of the peace, on behalf of the prosecution, payment shall be made by the county.

(B) Attends a municipal court or judge thereof on behalf of the prosecution, payment shall be made by the city.

(C) Attends a circuit court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the executive director of the Oregon Public Defense Commission.

(D) Attends a judge of the county court or a justice of the peace on behalf of a financially eligible defendant, payment shall be made by the county.

(E) Attends a municipal court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the city.

(F) Attends any court on behalf of a defendant who is not financially eligible, payment shall be made by the defendant, and the court shall so order.

(2) In the case of a prisoner of a jurisdiction outside of this state who is required to attend as a witness in this state, whether for the prosecution or the defense, the sheriff shall be responsible for transporting the witness to the proper court of this state, and the sheriff shall assume any costs incurred in connection with the witness while the witness is in the custody of the sheriff. However, the sheriff and not the witness shall be entitled to the witness fees, mileage and expenses to which the witness would otherwise be entitled under this section and ORS 136.627 (Where witness material to proceeding in this state is in another state) or other applicable law. [Formerly 139.140; 1977 c.746 §8; 1981 s.s. c.3 §64; 1983 c.401 §2; 1987 c.606 §5; 1989 c.171 §19; 2001 c.962 §27; 2023 c.281 §26]

Source: Section 136.603 — Payment of witness who is from outside state or is indigent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.231 — OR Code / Title 14 / Chapter 147 / Section 147.231
147.231 Disbursement of moneys to agencies that provide services to victims of crimes
Status: in_force

(1) Subject to the availability of sufficient funds in the Criminal Injuries Compensation Account, the Attorney General or the Attorney General’s designee may make grants from the Criminal Injuries Compensation Account to eligible public or private nonprofit agencies that provide services to victims of violent crimes, property crimes and crimes involving fraud and deception. The Attorney General may not make grants unless there are sufficient funds in the Criminal Injuries Compensation Account to satisfy both the projected compensation claims of victims of violent crimes and the anticipated costs of complying with ORS 147.227 (Disbursement of moneys to be used for victims’ assistance programs) and of providing the funds deemed necessary by the Attorney General to comply with ORS 147.397 (Payment of costs) . The grants authorized by this section are in addition to federal Victims of Crime Act grants, federal Violence Against Women Act grants and any other state or federal grants related to serving victims of violent crimes, property crimes and crimes involving fraud or deception, that are administered by the Attorney General or the Attorney General’s designee.

(2) Funds distributed under this section may be used only for services to victims of violent crimes, property crimes and crimes involving fraud and deception and may not be used to replace funds otherwise available for services to victims of crime.

(3) As used in this section, “services” includes, but is not limited to:

(a) Crisis intervention services;

(b) Providing, in an emergency, transportation to court, short-term child care, temporary housing and security measures;

(c) Assistance in participating in criminal justice proceedings;

(d) Preparation, publication and distribution of materials that inform victims of violent crimes, property crimes and crimes involving fraud and deception of the services that are available;

(e) Salaries of persons who provide direct services to victims of violent crimes, property crimes and crimes involving fraud and deception to the extent that the persons provide the services; and

(f) Counseling for victims of property crimes and crimes involving fraud and deception.

(4) Applicants for grants under subsection (1) of this section shall:

(a) Certify that priority will be given to providing assistance to victims of violent crimes including, but not limited to, victims of sexual assault, domestic violence and child abuse; and

(b) Provide any information and assurances that the Department of Justice may require.

(5) The Attorney General or the Attorney General’s designee may administer the grants authorized by this section concurrently with the administration of the federal Victims of Crime Act grants, federal Violence Against Women Act grants and any other state or federal grants related to serving victims of violent crimes, property crimes and crimes involving fraud or deception.

(6) The department shall adopt rules pursuant to ORS chapter 183 to carry out the provisions of this section. [1997 c.758 §2; 2003 c.349 §2; 2003 c.789 §§5,7; 2007 c.23 §3; 2007 c.268 §5; 2009 c.411 §1]

Source: Section 147.231 — Disbursement of moneys to agencies that provide services to victims of crimes; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 133.757 — OR Code / Title 14 / Chapter 133 / Section 133.757
133.757 Investigation of demand and report
Status: in_force

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered. [Formerly 147.040]

Source: Section 133.757 — Investigation of demand and report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 151.221 — OR Code / Title 14 / Chapter 151 / Section 151.221
151.221 Status of officers and employees of commission
Status: in_force

Officers and employees of the Oregon Public Defense Commission are state officers or employees in the exempt service and are not subject to ORS chapter 240. [2003 c.449 §17; 2023 c.281 §5]

Note: See second note under 151.211 (Definitions for ORS 151.211 to 151.221) .

Source: Section 151.221 — Status of officers and employees of commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 147.600 — OR Code / Title 14 / Chapter 147 / Section 147.600
147.600 Confidentiality of certain victim communications and records
Status: in_force

(1) As used in this section:

(a) “Certified advocate” means a person who:

(A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and

(B) Is an employee or a volunteer of a qualified victim services program.

(b) “Confidential communication” means a written or oral communication that is not intended for further disclosure to third persons except to:

(A) Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services;

(B) Persons reasonably necessary for the transmission of the communication; or

(C) Other persons, in the context of group counseling.

(c) “Qualified victim services program” means:

(A) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or

(B) A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant.

(d) “Victim” means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program.

(2) Except as provided in ORS 40.252 (Rule 504-5. Communications revealing intent to commit certain crimes) and 40.264 (Rule 507-1. Certified advocate-victim privilege) , without the written, informed consent of the victim that is reasonably limited in duration, a certified advocate or a qualified victim services program may not disclose:

(a) Confidential communications between a victim and the certified advocate or qualified victim services program made in course of safety planning, counseling, support or advocacy services.

(b) Records that are created or maintained in the course of providing services regarding the victim.

(3) Notwithstanding subsection (2) of this section, a certified advocate or a qualified victim services program may disclose confidential communications or records without the victim’s consent only:

(a) To the extent necessary for defense in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim; and

(b) As otherwise required by law.

(4) This section does not prohibit the disclosure of aggregate, nonpersonally identifying data. [2015 c.265 §4; 2017 c.256 §2]

Note: 147.600 (Confidentiality of certain victim communications and records) 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 147.600 — Confidentiality of certain victim communications and records; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 133.743 — OR Code / Title 14 / Chapter 133 / Section 133.743
133.743 Definitions for ORS 133.743 to 133.857
Status: in_force

(1) Where appearing in ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) , the term “Governor” includes any person performing the extradition functions of Governor by authority of an appointment under subsection (2) of this section. The term “executive authority” includes the Governor and any person performing the functions of Governor in a state other than this state, and the term “state,” referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.

(2) The Governor may appoint a member of the legal staff of the Governor to act in behalf of the Governor under ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) in performing the extradition functions of the Governor. The appointment shall be in writing and be filed with the Secretary of State. [Formerly 147.010; 1983 c.82 §1]

Source: Section 133.743 — Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.420 — OR Code / Title 14 / Chapter 133 / Section 133.420
133.420 Definitions for ORS 133.410 to 133.440
Status: in_force

As used in ORS 133.410 (Short title) to 133.440 (Proceedings following arrest in fresh pursuit) :

(1) “Fresh pursuit” includes fresh pursuit as defined by the common law; the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony; and the pursuit of a person suspected of having committed a felony, though no felony actually has been committed, if there is reasonable ground for believing that a felony has been committed. It does not necessarily imply instant pursuit, but pursuit without unreasonable delay.

(2) “State” includes the District of Columbia.

Source: Section 133.420 — Definitions for ORS 133.410 to 133.440 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.697 — OR Code / Title 14 / Chapter 138 / Section 138.697
138.697 Appeal of court order
Status: in_force

(1) A person described in ORS 138.690 (Commencement of DNA testing proceedings) may appeal to the Court of Appeals from a circuit court’s final order or judgment denying or limiting DNA testing under ORS 138.692 (Motion for DNA testing) , denying appointment of counsel under ORS 138.694 (Appointed counsel) or denying a motion for a new trial under ORS 138.696 (Test results) .

(2) The state may appeal to the Court of Appeals from a circuit court’s final order or judgment granting a motion for DNA testing under ORS 138.692 (Motion for DNA testing) or granting a motion for a new trial under ORS 138.696 (Test results) .

(3) The time limits described in ORS 138.071 (Time within which appeal must be taken) , the notice requirements described in ORS 138.081 (Service and filing of notice of appeal) and 138.090 (Signature to notice of appeal) and the provisions of ORS 138.225 (Summary affirmation) , 138.227 (Joint motion to vacate and remand) , 138.255 (Court of Appeals certification of appeal to Supreme Court in lieu of disposition) and 138.257 (Determination on appeal) apply to appeals under this section unless the context requires otherwise.

(4) A circuit court shall appoint counsel to represent a person described in ORS 138.690 (Commencement of DNA testing proceedings) on appeal in the same manner as for criminal defendants under ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) . [2013 c.152 §1; 2015 c.564 §5; 2017 c.529 §25; 2019 c.368 §9]

Note: See note under 138.688 (Definitions) .

Source: Section 138.697 — Appeal of court order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 144.620 — OR Code / Title 14 / Chapter 144 / Section 144.620
144.620 Short title
Status: in_force

ORS 144.610 (Out-of-state supervision of parolees) may be cited as the Uniform Act for Out-of-State Supervision.

Source: Section 144.620 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.682 — OR Code / Title 14 / Chapter 137 / Section 137.682
137.682 Innovative Grant Fund
Status: in_force

The Innovative Grant Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the fund are continuously appropriated to the Oregon Criminal Justice Commission for the purposes of making grants as part of the Innovative Grant Program described in ORS 137.681 (Innovative Grant Program) . The fund shall consist of moneys appropriated to the commission by the Legislative Assembly for purposes of the grants. [2021 c.609 §1]

Note: See note under 137.681 (Innovative Grant Program) .

Source: Section 137.682 — Innovative Grant Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 151.495 — OR Code / Title 14 / Chapter 151 / Section 151.495
151.495 Confidentiality of information obtained by state courts
Status: in_force

(1) All information supplied by a person seeking appointed counsel and all information collected by the state courts for purposes of determining financial eligibility for appointed counsel under ORS 151.485 (Financial eligibility) to 151.497 (“Counsel” defined for ORS 151.485 to 151.497) is confidential and shall not be used for any purpose other than determining financial eligibility.

(2) Notwithstanding subsection (1) of this section, information supplied by a person seeking appointed counsel and information collected by the state courts for purposes of determining financial eligibility may be:

(a) Introduced in a proceeding, criminal or civil, arising out of a determination that a person is not financially eligible for appointed counsel;

(b) Introduced in a proceeding, criminal or civil, arising as a result of an allegation that a person has supplied false information in seeking appointed counsel;

(c) Used by the court in a sentencing proceeding resulting from the defendant’s conviction on the matter for which the information was provided or collected; and

(d) Used by the court, the Department of Revenue, or the assignees of the court or the Department of Revenue, for the purpose of collecting delinquent amounts owed to this state by the person. [1991 c.825 §5; 1997 c.761 §4; 2001 c.962 §38]

Source: Section 151.495 — Confidentiality of information obtained by state courts; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 135.705 — OR Code / Title 14 / Chapter 135 / Section 135.705
135.705 Satisfaction of injured person
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.

(b) For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 (Civil damages for shoplifting or taking of agricultural produce) has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.

(2) As used in this section, “costs” includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) for the compensation of counsel appointed pursuant to ORS 135.045 (Court appointment of counsel) or 135.050 (Eligibility for court-appointed counsel) and fees and expenses paid under ORS 135.055 (Compensation and expenses of appointed counsel) . [Formerly 134.020; 1981 s.s. c.3 §121; 1985 c.540 §34; 1985 c.710 §4; 1987 c.803 §25; 1999 c.925 §1; 2003 c.449 §28; 2009 c.484 §9]

Source: Section 135.705 — Satisfaction of injured person; dismissal of charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.334 — OR Code / Title 14 / Chapter 144 / Section 144.334
144.334 Use of citations for parole or post-prison supervision violators
Status: in_force

(1) In addition to the authority granted under ORS 144.331 (Suspension of parole or post-prison supervision) and 144.370 (Suspension of parole or post-prison supervision following order for arrest and detention) , the State Board of Parole and Post-Prison Supervision may authorize the use of citations to direct alleged parole or post-prison supervision violators to appear before the board or its designated representative. The following apply to the use of citations under this section:

(a) The board may authorize issuance of citations only by officers who are permitted under ORS 144.350 (Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release) to arrest and detain.

(b) Nothing in this subsection limits the authority, under ORS 144.350 (Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release) , of a supervising officer or other officer to arrest an alleged parole or post-prison supervision violator.

(2) The board may impose any conditions upon an authorization under this section that the board considers appropriate. The conditions may include, but are not limited to, requirements that citation authority be sought on a case-by-case basis, citation authority be granted in all cases that meet certain conditions, citation authority be allowed for certain types of cases or designation of certain cases be made where citations shall not be used.

(3) The cited offender shall appear before the board or its designated representative at the time, date and place specified in the citation. If the offender fails to appear as required, the board may issue a suspend and detain order upon its own motion or upon request of the supervising officer. [1991 c.836 §4]

Note: 144.334 (Use of citations for parole or post-prison supervision violators) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.334 — Use of citations for parole or post-prison supervision violators; conditions; appearance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.855 — OR Code / Title 14 / Chapter 135 / Section 135.855
135.855 Material and information not subject to discovery
Status: in_force

(1) The following material and information shall not be subject to discovery under ORS 135.805 (Applicability) to 135.873 (Protective orders) :

(a) Work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the attorneys, peace officers or their agents in connection with the investigation, prosecution or defense of a criminal action.

(b) The identity of a confidential informant where the identity of the informant is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Except as provided in ORS 135.873 (Protective orders) , disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial.

(c) Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of statements made by the defendant.

(d) Schematics, source codes or software of an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood that are not in the actual possession or control of the state.

(2) When some parts of certain material are discoverable under ORS 135.805 (Applicability) to 135.873 (Protective orders) or 135.970 (Information required when victim contacted by defense) , and other parts not discoverable, as much of the material shall be disclosed as is consistent with the provisions thereof. [1973 c.836 §218; 1999 c.304 §5; 2007 c.581 §2]

Source: Section 135.855 — Material and information not subject to discovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.037 — OR Code / Title 14 / Chapter 135 / Section 135.037
135.037 Omnibus hearing
Status: in_force

(1) At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing.

(2) The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues:

(a) Suppression of evidence.

(b) Challenges to identification procedures used by the prosecution.

(c) Challenges to voluntariness of admissions or confession.

(d) Challenges to the accusatory instrument.

(3) The court, at the time of the omnibus hearing, may also consider any matters that will facilitate trial by avoiding unnecessary proof or by simplifying the issues to be tried, or that are otherwise appropriate under the circumstances to facilitate disposition of the proceeding.

(4) At the conclusion of the hearing and prior to trial the court shall prepare and file an order setting forth all rulings of the court on issues raised under subsection (2) of this section. The court shall further prepare and file a memorandum of other matters agreed upon at the hearing. Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, admissions made by the defendant or the attorney of the defendant at the hearing may not be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney.

(5) This section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel. [1973 c.550 §2; 2009 c.11 §9]

(Counsel; Name Used)

Source: Section 135.037 — Omnibus hearing; when held; subject; ruling of court; counsel required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.660 — OR Code / Title 14 / Chapter 135 / Section 135.660
135.660 Judgment on demurrer
Status: in_force

Upon considering the demurrer, the court shall give judgment, either allowing or disallowing it, and an entry to that effect shall be made in the register. [Amended by 1985 c.540 §33]

Source: Section 135.660 — Judgment on demurrer; entry in register , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.300 — OR Code / Title 14 / Chapter 136 / Section 136.300
136.300 Time limit on appeals to circuit court
Status: in_force

A defendant who is in custody pending an appeal to circuit court from a judgment of a municipal court or justice court shall have the appeal of the defendant heard not more than 60 days after the defendant gives notice of appeal. [1971 c.323 §6; 1977 c.290 §3]

Source: Section 136.300 — Time limit on appeals to circuit court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131a.250 — OR Code / Title 14 / Chapter 131a / Section 131a.250
131A.250 Foreclosure of security interests, liens and vendor’s interests
Status: in_force

(1) If a responsive pleading or affidavit is filed under ORS 131A.235 (Responsive pleading) or 131A.240 (Response by affidavit) , the court shall foreclose all security interests, liens and vendor’s interests in the property, including contracts for the transfer or conveyance of the property, for which the court determines that there is a legal or equitable basis for foreclosure.

(2) Except for deficiencies resulting from disabling a hidden compartment in a motor vehicle with a hidden compartment, foreclosure of a security interest, lien or vendor’s interest under this section does not prevent a claimant from obtaining any deficiency to which the claimant would otherwise be entitled under the law. [2009 c.78 §31; 2009 c.874 §12]

Source: Section 131A.250 — Foreclosure of security interests, liens and vendor’s interests , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 144.642 — OR Code / Title 14 / Chapter 144 / Section 144.642
144.642 Criteria for determining residence
Status: in_force

(1) The Department of Corrections, in consultation with the State Board of Parole and Post-Prison Supervision and community corrections agencies, shall adopt rules establishing criteria to be considered in determining the permanent residence requirements for a sex offender released on post-prison supervision or parole. Transitional housing is not subject to permanent residence requirements. The department shall include in the rules:

(a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;

(b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized;

(c) A prohibition against allowing a sex offender to reside in any dwelling in which another sex offender on probation, parole or post-prison supervision resides unless authorized as provided in ORS 144.102 (Conditions of post-prison supervision) (4)(b)(M); and

(d) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender’s residence to be informed of the decision making process before the offender is released.

(2) Based upon the rules adopted under subsection (1) of this section, the department shall develop a decision matrix to be used in determining the permanent residence requirements for a sex offender. [2001 c.365 §2; 2005 c.576 §5; 2011 c.258 §3]

Note: See note under 144.641 (Definitions) .

Source: Section 144.642 — Criteria for determining residence; Department of Corrections; rules; matrix , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.558 — OR Code / Title 14 / Chapter 131 / Section 131.558
131.558 Property subject to forfeiture
Status: in_force

The following are subject to criminal forfeiture:

(1) All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct;

(2) All raw materials, products and equipment of any kind that are used, or intended for use, in providing, manufacturing, compounding, processing, delivering, importing or exporting any service or substance in the course of prohibited conduct;

(3) All property that is used, or intended for use, as a container for property described in subsection (1) or (2) of this section;

(4) All conveyances, including aircraft, vehicles and vessels, that are used, or are intended for use, to transport or facilitate the transportation, sale, receipt, possession or concealment of property described in subsection (1) or (2) of this section, and all conveyances, including aircraft, vehicles and vessels, that are used or intended for use in prohibited conduct or to facilitate prohibited conduct, except that:

(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to criminal forfeiture under the provisions of this section unless the owner or other person in charge of such conveyance was a consenting party or knew of and acquiesced in the prohibited conduct; and

(b) No conveyance is subject to criminal forfeiture under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state;

(5) All books, records, computers and research, including formulae, microfilm, tapes and data that are used or intended for use to facilitate prohibited conduct;

(6) All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of prohibited conduct, all proceeds of or from prohibited conduct, and all moneys, negotiable instruments, balances in deposit and other accounts and securities used or intended to be used to facilitate any prohibited conduct;

(7) All real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used to commit or facilitate the commission of prohibited conduct;

(8) All weapons possessed, used or available for use to facilitate conduct giving rise to criminal forfeiture;

(9) All property described in this section that is intended for use in committing or facilitating an attempt to commit a crime as described in ORS 161.405 (“Attempt” described) , a solicitation as described in ORS 161.435 (Solicitation) or a conspiracy as described in ORS 161.450 (“Criminal conspiracy” described) ; and

(10) All personal property that is used or intended to be used to commit or facilitate prohibited conduct. [2005 c.830 §4]

Source: Section 131.558 — Property subject to forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.375 — OR Code / Title 14 / Chapter 131 / Section 131.375
131.375 Notification on change of venue
Status: in_force

When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 §21; 2017 c.252 §13]

Source: Section 131.375 — Notification on change of venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 153.105 — OR Code / Title 14 / Chapter 153 / Section 153.105
153.105 Relief from default judgment
Status: in_force

If a default judgment is entered against a defendant under ORS 153.102 (Entry) , the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect. A motion for relief under this section must be made by the defendant within a reasonable time, and in no event may a motion under this section be made more than one year after entry of judgment. [1999 c.1051 §26]

Source: Section 153.105 — Relief from default judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 133.803 — OR Code / Title 14 / Chapter 133 / Section 133.803
133.803 Arrest prior to requisition
Status: in_force

Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state and, except in cases arising under ORS 133.767 (Extradition of person not present in demanding state at time of commission of crime) , with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of security release, probation or parole, or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any creditable person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under ORS 133.767 (Extradition of person not present in demanding state at time of commission of crime) , has fled therefrom or has been convicted of a crime in that state and escaped from confinement, or has broken the terms of security release, probation or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding the peace officer to apprehend the person named therein, wherever the person may be found in this state, and bring the person before the same or any other judge, court or magistrate who may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. [Formerly 147.130; 1999 c.1051 §247]

Source: Section 133.803 — Arrest prior to requisition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 132.586 — OR Code / Title 14 / Chapter 132 / Section 132.586
132.586 Pleading domestic violence in accusatory instrument
Status: in_force

(1) As used in this section, “domestic violence” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290) .

(2) When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime. When a crime is so pleaded, the words “constituting domestic violence” may be added to the title of the crime. [2003 c.319 §1]

Source: Section 132.586 — Pleading domestic violence in accusatory instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 133.120 — OR Code / Title 14 / Chapter 133 / Section 133.120
133.120 Authority to issue warrant
Status: in_force

(1) A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.030 (Who are magistrates) may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court.

(2) Notwithstanding subsection (1) of this section, a circuit court judge duly assigned pursuant to ORS 1.615 (Appointment pro tempore to tax court or circuit court) to serve as a judge pro tempore in a circuit court may issue a warrant of arrest for a crime committed or triable within the territorial jurisdiction of any circuit court in which the judge serves as judge pro tempore if the request for the warrant includes an affidavit showing that a regularly elected or appointed circuit court judge for the judicial district is not available, whether by reason of conflict of interest or other reason, to issue the warrant within a reasonable time. [Amended by 1969 c.198 §60; 1973 c.836 §69; 1977 c.746 §2; 1983 c.661 §5; 2013 c.155 §10]

Source: Section 133.120 — Authority to issue warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.229 — OR Code / Title 14 / Chapter 137 / Section 137.229
137.229 Duty of Department of Corrections
Status: in_force

The Department of Corrections, to the extent that funds are available, shall expand existing and establish new treatment programs for alcohol and drug dependency that meet minimum standards adopted by the Oregon Health Authority pursuant to ORS 430.357 (Minimum standards) . [1991 c.630 §4; 2011 c.673 §5]

Note: See note under 137.227 (Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person) .

Source: Section 137.229 — Duty of Department of Corrections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.570 — OR Code / Title 14 / Chapter 138 / Section 138.570
138.570 Who shall be named as defendant
Status: in_force

If the petitioner is imprisoned, the petition shall name as defendant the official charged with the confinement of petitioner. If the petitioner is not imprisoned, the defendant shall be the State of Oregon. Whenever the defendant is the superintendent of a Department of Corrections institution, the Attorney General shall act as the superintendent’s attorney in the proceedings. Whenever the defendant is some other official charged with the confinement of petitioner, the district attorney of the county wherein the petitioner is imprisoned shall be the attorney for the defendant. Whenever petitioner is not imprisoned, counsel for the State of Oregon as defendant shall be the district attorney of the county in which petitioner’s conviction and sentence were rendered. Whenever the petitioner is released from imprisonment during the pendency of any proceedings pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , the State of Oregon shall be substituted as defendant. Upon such substitution, counsel for the original defendant shall continue to serve as counsel for the substituted defendant. [1959 c.636 §7; 1983 c.505 §15; 1987 c.320 §45]

Source: Section 138.570 — Who shall be named as defendant; counsel for defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 144.406 — OR Code / Title 14 / Chapter 144 / Section 144.406
144.406 Petition for return of things seized
Status: in_force

(1) Within 30 days after actual notice of any seizure, or at such later date as the Department of Corrections in its discretion may allow:

(a) An individual from whose person, property or premises things have been seized may petition the department to return the things seized to the person, property or premises from which they were seized.

(b) Any other person asserting a claim to rightful possession of the things seized may petition the department to restore the things seized to the person.

(2) Petitions for return or restoration of things seized shall be served on the department in accordance with rules adopted by the department.

(3) Service of a petition for the return or restoration of things seized shall be made by certified or registered mail, return receipt requested. [1991 c.286 §3; 2021 c.206 §3]

Note: See note under 144.404 (Department of Corrections authority to receive, hold and dispose of property) .

Source: Section 144.406 — Petition for return of things seized; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131a.270 — OR Code / Title 14 / Chapter 131a / Section 131a.270
131A.270 Consolidation of actions
Status: in_force

(1) A forfeiture action may be consolidated with any other action that relates to the same property or parties on motion by any party in the forfeiture action.

(2) Upon motion by the state or other public body, or any criminal defendant who is also a claimant, a forfeiture action under this section may be consolidated for trial or other resolution with any related criminal proceeding. Trial or other resolution of the forfeiture action shall immediately follow the resolution of the related criminal proceeding, shall be part of the other proceeding and shall be heard by the same trier of fact. Any objection by the defendant to the consolidation, or any motion by the defendant to sever the related criminal case from the forfeiture action, constitutes a waiver of double jeopardy as to the related criminal action and the forfeiture action. [2009 c.78 §35]

Source: Section 131A.270 — Consolidation of actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 133.715 — OR Code / Title 14 / Chapter 133 / Section 133.715
133.715 Order
Status: in_force

(1) Upon receipt of a timely motion to preserve biological evidence under ORS 133.709 (Notice of intent to dispose) (3), the court shall:

(a) Conduct a hearing to resolve the motion; or

(b) Enter an order directing the custodian to preserve the biological evidence.

(2) Intentionally left blank —Ed.

(a) In determining whether to order the preservation of biological evidence, the court shall consider, in addition to other factors the court considers appropriate, the following factors:

(A) Whether the identification of the offender was a disputed issue;

(B) Whether other biological evidence in the case contains DNA in an amount that is sufficient to develop a DNA profile and will not be disposed of;

(C) If the biological evidence has not previously been tested, whether it is possible to perform testing on the biological evidence;

(D) Whether the defendant has served all of the sentence imposed; and

(E) Whether the defendant has exhausted the defendant’s appellate or post-conviction rights.

(b) If the defendant has not exhausted the defendant’s appellate and post-conviction rights, there is a presumption that the biological evidence should be preserved.

(c) In making the determination described in this subsection, except as otherwise provided in paragraph (b) of this subsection, the court may assign the weight the court deems appropriate to the factors described in paragraph (a) of this subsection and to any other factor the court determines is appropriate.

(d) For purposes of subparagraph (2)(a)(A) of this section, the court need not presume that identification of the offender is not a disputed issue solely because the defendant has pleaded guilty or no contest to the crime, has confessed to the crime or has made an admission.

(3) If the court enters an order authorizing the disposal of biological evidence, the order may not authorize disposal to occur sooner than 45 days after the date the order is entered. The court shall provide a copy of the order to the custodian, the district attorney and the defendant.

(4) Either the state or the defendant may appeal from an order entered under this section in the manner provided in ORS chapter 19 for appeals from judgments. Notwithstanding ORS 19.330 (Stays generally) , the filing of a notice of appeal automatically stays an order entered under this section. [2011 c.275 §4]

Note: See note under 133.705 (Definitions for ORS 133.705 to 133.717) .

Source: Section 133.715 — Order; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 146.135 — OR Code / Title 14 / Chapter 146 / Section 146.135
146.135 Authority to order inquest
Status: in_force

(1) The district attorney for the county where the death occurs may order an inquest to obtain a jury finding of the cause and manner of death in any case requiring investigation.

(2) For the purpose of conducting an inquest, the district attorney shall have the powers of a judicial officer as described by ORS 1.240 (Powers of judicial officers) and 1.250 (Punishment for contempt) .

(3) The district attorney shall advise the jury of inquest as to its duties and instruct the jury on questions of law.

(4) The district attorney shall cause a record of the inquest proceedings to be made which shall include the written order of inquest, a record of the testimony of witnesses and the written verdict of the jury.

(5) Within a reasonable time after the verdict is returned, the record of inquest shall be filed in the district medical examiner’s office for the county where the inquest was held.

(6) A copy of the order of inquest and verdict of the jury shall be filed in the Office of the Chief Medical Examiner.

(7) The record of inquest shall be available for inspection as provided by ORS 146.035 (Chief Medical Examiner) (5). [1973 c.408 §21; 1987 c.142 §3; 2017 c.151 §20]

Source: Section 146.135 — Authority to order inquest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 142.020 — OR Code / Title 14 / Chapter 142 / Section 142.020
142.020 Delivery of stolen property to owner
Status: in_force

(1) On satisfactory proof of the title of the owner of the property, the magistrate who examines the charge against the person accused of the crime shall order it to be delivered to the owner, or the duly authorized agent of the owner, on the paying by the owner of the reasonable and necessary expenses incurred in its preservation, which shall be ascertained and certified by the magistrate.

(2) If property that is the subject of a theft has not been delivered to the owner, the court before which a trial is had for the stealing thereof may, on like proof and condition, order its delivery to the owner or the agent of the owner. [Amended by 1971 c.743 §335]

Source: Section 142.020 — Delivery of stolen property to owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors142.­html (accessed May 26, 2025).
ORS § 131a.300 — OR Code / Title 14 / Chapter 131a / Section 131a.300
131A.300 Judgment forfeiting property generally
Status: in_force

(1) A judgment forfeiting property shall recite the basis for the judgment.

(2) After entry of a judgment forfeiting property, the forfeiting agency may transfer good and sufficient title for the property to purchasers and other transferees, and the title shall be recognized by all courts and public bodies. Any public body whose official functions include the issuance of certificates of title or other evidence of title is immune from civil or criminal liability if the issuance is pursuant to a judgment of forfeiture.

(3) If real property is forfeited under a judgment forfeiting property, the forfeiting agency shall warrant the title of the property against constitutional defect. A warranty under this section is limited to the purchase price of the real property.

(4) A forfeiting agency may apply to any circuit court judge for a writ of assistance directing the sheriff of the county to assist the forfeiting agency in seizing property identified in a judgment forfeiting property. [2009 c.78 §37; 2011 c.504 §4]

Source: Section 131A.300 — Judgment forfeiting property generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 133.035 — OR Code / Title 14 / Chapter 133 / Section 133.035
133.035 Ex parte emergency protective orders
Status: in_force

(1) A peace officer may inform a person in danger of abuse of the officer’s ability to apply for an ex parte emergency protective order and, with the person’s consent or permission, may apply to a circuit court for the order when the peace officer has probable cause to believe:

(a) Intentionally left blank —Ed.

(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (Criminal citation) (2)(a) exist; or

(B) The person is in immediate danger of abuse by a family or household member; and

(b) An emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse.

(2) Intentionally left blank —Ed.

(a) An application for an emergency protective order described in subsection (1) of this section shall consist of the proposed emergency protective order and the peace officer’s declaration under penalty of perjury setting forth the facts and circumstances underlying entry of the order.

(b) The proposed emergency protective order and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order and signed declaration.

(3) Upon examination of the application, a circuit court may enter an emergency protective order if the court finds there is probable cause that:

(a) Intentionally left blank —Ed.

(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (Criminal citation) (2)(a) exist; or

(B) A person is in immediate danger of abuse by a family or household member; and

(b) An emergency protective order is necessary to prevent a person from suffering the occurrence or recurrence of abuse.

(4) An emergency protective order entered under subsection (3) of this section shall:

(a) Restrain the respondent from contacting the person protected by the order and from intimidating, molesting, interfering with or menacing the person, or attempting to intimidate, molest, interfere with or menace the protected person;

(b) Include the findings of probable cause authorizing issuance of the order;

(c) State the date that the order expires; and

(d) State a security amount for a violation of the order.

(5) If the circuit court enters an emergency protective order under subsection (3) of this section:

(a) The peace officer shall provide, without charge, a certified true copy of the emergency protective order to the protected person and shall ensure that certified true copies of the order and the declaration are filed with the court.

(b) A peace officer shall serve the respondent personally. Upon completion of service, the peace officer shall prepare a declaration under penalty of perjury of proof of service verifying that the emergency protective order was served personally on the respondent, file a copy of the declaration with the court and enter the order into the Law Enforcement Data System maintained by the Department of State Police.

(c) If the peace officer cannot complete service within one day of the emergency protective order’s entry, the peace officer shall notify the court that the documents have not been served.

(6) Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the emergency protective order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the emergency protective order may be informed of the existence and terms of the order. The emergency protective order is fully enforceable in any county or tribal land in this state.

(7) Intentionally left blank —Ed.

(a) An emergency protective order expires seven calendar days from the date the court signs the order.

(b) An emergency protective order shall remain in effect until the order expires or is terminated by court order. If the order is terminated by court order, the clerk of the court shall immediately cause to be delivered a copy of the termination order to the peace officer who originally applied for the order. Upon receipt of the termination order, the peace officer shall promptly remove the emergency protective order from the Law Enforcement Data System.

(8) Intentionally left blank —Ed.

(a) A contempt proceeding for an alleged violation of an emergency protective order must be conducted by the circuit court that issued the order or by the circuit court for the county in which the alleged violation of the order occurs.

(b) Pending a contempt hearing for an alleged violation of an emergency protective order, a person arrested and taken into custody pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant) may be released as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) .

(9) The presiding judge of the circuit court in each county shall designate at least one judge to be reasonably available to enter, in person or by electronic transmission, ex parte emergency protective orders at all times whether or not the court is in session.

(10) A peace officer acting in good faith shall not be liable in any civil action for applying to or not applying to a circuit court for an ex parte emergency protective order under this section.

(11) A filing fee, service fee or hearing fee may not be charged for proceedings for ex parte emergency protective orders under this section.

(12) The Department of State Police shall develop forms for emergency protective orders and declarations and shall submit the forms for approval by the State Court Administrator, the Oregon State Sheriffs’ Association and the Oregon Association Chiefs of Police. After obtaining approval, the department shall ensure that the forms are appropriately distributed and available for use.

(13) As used in this section, “peace officer” has the meaning given that term in ORS 161.015 (General definitions) . [2015 c.252 §1]

Note: 133.035 (Ex parte emergency protective orders) 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 133.035 — Ex parte emergency protective orders; service; expiration; contempt proceeding; required availability of judges; fees; forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.260 — OR Code / Title 14 / Chapter 144 / Section 144.260
144.260 Notice of prospective release on parole or post-prison supervision
Status: in_force

(1) Prior to the release on parole or post-prison supervision of a convicted person from a Department of Corrections institution, the chairperson of the State Board of Parole and Post-Prison Supervision shall inform the Department of Corrections, the district attorney and the sheriff or arresting agency of the prospective date of release and of any special conditions thereof and shall inform the sentencing judge and the trial counsel upon request. If the person is a sex offender, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , the chairperson shall also inform the chief of police, if the person is going to reside within a city, and the county sheriff of the county in which the person is going to reside of the person’s release and the conditions of the person’s release.

(2) At least 30 days prior to the release from actual physical custody of any convicted person, other than by parole or post-prison supervision, whether such release is pursuant to work release, institutional leave, or any other means, the Department of Corrections shall notify the district attorney of the impending release and shall notify the sentencing judge upon request.

(3) The victim may request notification of the release and if the victim has requested notification, the State Board of Parole and Post-Prison Supervision or the Department of Corrections, as the case may be, shall notify the victim in the same fashion and under the same circumstances it is required to give notification to other persons under this section. [Amended by 1969 c.597 §115; 1973 c.836 §293; 1983 c.635 §1; 1987 c.2 §15; 1987 c.320 §59; 1989 c.790 §29; 1993 c.492 §1; 2001 c.884 §6]

Source: Section 144.260 — Notice of prospective release on parole or post-prison supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.379 — OR Code / Title 14 / Chapter 133 / Section 133.379
133.379 Duty of peace officer to arrest and prosecute violators of cruelty to animals laws
Status: in_force

It shall be the duty of any peace officer to arrest and prosecute any violator of 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) for any violation which comes to the knowledge or notice of the officer. [Formerly 770.240; 1983 c.648 §3; 1985 c.662 §13; 2001 c.926 §17; 2009 c.550 §5; 2012 c.89 §9]

Source: Section 133.379 — Duty of peace officer to arrest and prosecute violators of cruelty to animals laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.146 — OR Code / Title 14 / Chapter 137 / Section 137.146
137.146 Priorities for application of payments on criminal judgments entered in circuit courts
Status: in_force

(1) There are five levels of priority for application of payments on criminal judgments entered in circuit courts, with Level I obligations having the highest priority and Level V obligations having the lowest priority. All payments on a criminal judgment entered in a circuit court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full.

(2) Except as provided in ORS 137.149 (Level I obligations in circuit court judgments) , if there is more than one person or public body to whom an obligation is payable under a level, a circuit court shall divide each payment based on each person’s or public body’s proportionate share of the total amount of obligations in that level. [Formerly 137.289; 2022 c.57 §3]

Source: Section 137.146 — Priorities for application of payments on criminal judgments entered in circuit courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.645 — OR Code / Title 14 / Chapter 153 / Section 153.645
153.645 Disposition of fines for traffic offenses
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(4) If the full amount of the fine imposed by a justice court is collected, the last $16 of the amount collected shall be paid to the county treasurer for the county in which the court is located and may be used only for the purposes specified in ORS 153.660 (Use of amounts paid to county treasurer) . If the full amount of the fine imposed is not collected, the $16 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. The provisions of this subsection do not apply to fines imposed for violations of ORS 811.590 (Unlawful parking in winter recreation parking area) , 814.485 (Failure to wear protective headgear) , 814.486 (Endangering bicycle operator or passenger) , 814.534 (Failure of motor assisted scooter operator to wear protective headgear) , 814.536 (Endangering motor assisted scooter operator) , 814.600 (Failure of skateboarder, scooter rider or in-line skater to wear protective headgear) or 830.990 (Penalties) (1). [2011 c.597 §48; 2013 c.685 §10]

Source: Section 153.645 — Disposition of fines for traffic offenses; justice court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 137.599 — OR Code / Title 14 / Chapter 137 / Section 137.599
137.599 Hearing prior to, or after, imposition of sanctions
Status: in_force

Prior to the imposition of any structured, intermediate sanction or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on a probationer pursuant to rules adopted under ORS 137.595 (Establishing system of sanctions) , the court, upon motion of the district attorney or on its own motion, may cause the probationer to be brought before the court for a hearing, and may revoke probation or impose such other or additional sanctions or modify the conditions of probation as authorized by law. In no case may the sentencing judge cause a probationer to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595 (Establishing system of sanctions) . [1993 c.680 §13]

Note: See note under 137.592 (Policy regarding probation violations) .

Source: Section 137.599 — Hearing prior to, or after, imposition of sanctions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.617 — OR Code / Title 14 / Chapter 144 / Section 144.617
144.617 Hearing on violation in another state
Status: in_force

In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the Uniform Act for Out-of-State Supervision any appropriate judicial or administrative officer or agency in another state is authorized to hold a hearing on the alleged violation. Upon receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to ORS 144.613 (Notice when parole or probation violated) to 144.617 (Hearing on violation in another state) , such record shall have the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this state, and any recommendations contained in or accompanying the record shall be fully considered by the appropriate officer or officers of this state in making disposition of the matter. [1973 c.489 §4]

Source: Section 144.617 — Hearing on violation in another state; effect of record in such hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.550 — OR Code / Title 14 / Chapter 147 / Section 147.550
147.550 Establishment of requirements and procedures by Chief Justice by rule or order
Status: in_force

(1) The Chief Justice of the Supreme Court may, by rule or order, establish requirements and procedures necessary to comply with the provisions of ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) .

(2) The Chief Justice of the Supreme Court shall prescribe the forms described in ORS 147.510 (Critical stage of criminal proceeding) (4) and 147.515 (Claims) (2)(a). The form described in ORS 147.515 (Claims) (2)(a) must allow a victim to designate an alternate mailing address or to substitute a person to receive notice or service on behalf of the victim for the purposes of ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) . [2009 c.178 §18]

Note: See note under 147.500 (Definitions) .

Source: Section 147.550 — Establishment of requirements and procedures by Chief Justice by rule or order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131a.170 — OR Code / Title 14 / Chapter 131a / Section 131a.170
131A.170 Expedited hearing on claim
Status: in_force

(1) A person claiming an interest in seized property may file a petition for an expedited hearing within 15 days after service of a forfeiture notice on the person or within such further time as the court may allow for good cause shown.

(2) A petition for an expedited hearing must contain a claim as described in ORS 131A.165 (Claims) if a claim has not previously been filed. The petition must indicate whether the petitioner seeks one or more of the following:

(a) A determination at the hearing of any of the affirmative defenses provided for in ORS 131A.260 (Affirmative defenses in forfeiture action) .

(b) An order restoring custody of seized property to the petitioner during the pendency of the proceedings.

(c) Appointment of a receiver.

(3) A person filing a petition under this section shall serve a copy of the petition on all persons known to have an interest in the property. Service must be made as provided in ORCP 7 D. Service by publication is not required before an expedited hearing.

(4) A hearing shall be held within 15 days after service of all persons known to have an interest in the property, or at such later time as the court may allow for good cause shown. The hearing shall be limited to deciding whether to grant the relief sought in the petition.

(5) The court may enter an order directing the return of the seized property to the claimant during the pendency of the hearing if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding.

(6) If the petition is denied, and the petitioner subsequently discovers evidence relevant to the claimed relief, the petitioner may file a new petition under this section at any time before a trial in the forfeiture action. The new petition shall be served as provided in ORS 131A.230 (Service) .

(7) The parties in a forfeiture action may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order shall comply with the requirements of ORS 131A.180 (Order restoring custody of property after expedited hearing) (1). [2009 c.78 §22]

Source: Section 131A.170 — Expedited hearing on claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 131a.235 — OR Code / Title 14 / Chapter 131a / Section 131a.235
131A.235 Responsive pleading
Status: in_force

Except as provided by ORS 131A.240 (Response by affidavit) , a person claiming an interest in property that is the subject of a forfeiture action must file a responsive pleading as provided in the Oregon Rules of Civil Procedure. If the person has not previously filed a claim under ORS 131A.165 (Claims) , a claim as described in ORS 131A.165 (Claims) (3) must be attached to the responsive pleading. [2009 c.78 §28]

Source: Section 131A.235 — Responsive pleading , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 142.050 — OR Code / Title 14 / Chapter 142 / Section 142.050
142.050 Title of purchaser at sale
Status: in_force

A sale of property pursuant to ORS 142.040 (Disposal of unclaimed money or property) conveys a good title to the purchaser as against any person.

Source: Section 142.050 — Title of purchaser at sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors142.­html (accessed May 26, 2025).
ORS § 136.575 — OR Code / Title 14 / Chapter 136 / Section 136.575
136.575 Forms of subpoenas
Status: in_force

Subpoenas authorized by ORS 136.557 (Issuance of subpoena by magistrate for witnesses at preliminary examination) to 136.567 (Issuance of subpoena for witnesses for defendant) shall be substantially in the following form:

(1) By a magistrate:

To A______ B______:

You are hereby commanded to appear before C. D., (adding the name of office and place of jurisdiction), at (naming the place), on (stating the day and hour), as a witness on the examination of a criminal charge against E. F. on behalf of (the state, city or the defendant, as the case may be).

Dated the ___ day of ______, 2___.

G. H.

(Adding the name of office and place of jurisdiction, as in the body of the subpoena.)

(2) By the district attorney:

To A______ B______:

You are hereby commanded to appear before (the grand jury of the County of ______ or the Circuit Court for the County of ______, as the case may be), at (naming the place), on (stating the day and hour), as a witness (before the grand jury or in a criminal action prosecuted by the State of Oregon against E. F., as the case may be).

Dated the ___ day of ______, 2___.

G. H., District Attorney.

(3) By the city attorney:

To A______ B______:

You are hereby commanded to appear before the Municipal Court for the City of ______, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F.

Dated the ___ day of ______, 2___.

G. H., City Attorney.

(4) By the clerk:

To A______ B______:

You are hereby commanded to appear before the Circuit Court for the County of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the State of Oregon against E. F. on behalf of the defendant.

Witness my name and the seal of said court, affixed at ______, the ___ day of ______, 2___.

G. H., Clerk.

(5) By the clerk of a municipal court:

To A______ B______:

You are hereby commanded to appear before the Municipal Court for the City of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F. on behalf of the defendant.

Witness my name and seal of said court, affixed at ______, the ___ day of ______, 2___.

G. H., Clerk.

(6) By an attorney of record of a defendant:

To A______ B______:

You are hereby commanded to appear before (the Circuit Court for the County of ______ or the Municipal Court for the City of ______, as the case may be) at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the (State of Oregon or the City of ______, as the case may be) against E. F. on behalf of the defendant.

Dated the ___ day of ______, 2___.

G. H., Attorney of Record of Defendant.

[Formerly 139.070; 1977 c.746 §6; 1981 c.174 §2]

Source: Section 136.575 — Forms of subpoenas , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.103 — OR Code / Title 14 / Chapter 144 / Section 144.103
144.103 Term of active post-prison supervision for person convicted of certain offenses
Status: in_force

(1) Except as otherwise provided in ORS 137.765 (Sexually violent dangerous offenders) and subsection (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate ORS 163.365 (Rape in the second degree) , 163.375 (Rape in the first degree) , 163.395 (Sodomy in the second degree) , 163.405 (Sodomy in the first degree) , 163.408 (Unlawful sexual penetration in the second degree) , 163.411 (Unlawful sexual penetration in the first degree) , 163.425 (Sexual abuse in the second degree) or 163.427 (Sexual abuse in the first degree) shall serve a term of active post-prison supervision that continues until the term of the post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation.

(2) Intentionally left blank —Ed.

(a) A person sentenced to a term of imprisonment for violating one of the offenses listed in paragraph (b) of this subsection shall serve a term of post-prison supervision that continues for the rest of the person’s life if the person was at least 18 years of age at the time the person committed the crime.

(b) The offenses to which paragraph (a) of this subsection applies are:

(A) ORS 163.375 (Rape in the first degree) (1)(b);

(B) ORS 163.405 (Sodomy in the first degree) (1)(b);

(C) ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b); and

(D) ORS 163.235 (Kidnapping in the first degree) when the offense is committed in furtherance of the commission or attempted commission of rape in the first degree, sodomy in the first degree or unlawful sexual penetration in the first degree if the victim is under 12 years of age.

(c) When a person is sentenced to a term of post-prison supervision described in paragraph (a) of this subsection, the person must be actively supervised for at least the first 10 years of the post-prison supervision and actively tracked for the remainder of the term. Active tracking may be done by means of an electronic device attached to the person.

(3) A person sentenced to a term of imprisonment for violating ORS 163.185 (Assault in the first degree) (1)(b) shall serve a term of post-prison supervision that continues until the term of the post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation. [1991 c.831 §1; 1993 c.301 §4; 1999 c.161 §1; 1999 c.163 §5; subsection (2) of 2005 Edition enacted as 2005 c.513 §2; 2006 c.1 §2; 2013 c.708 §31; 2021 c.653 §7]

Note: 144.103 (Term of active post-prison supervision for person convicted of certain offenses) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.103 — Term of active post-prison supervision for person convicted of certain offenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.843 — OR Code / Title 14 / Chapter 133 / Section 133.843
133.843 Written waiver of extradition proceedings
Status: in_force

(1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of security release, probation or parole may waive the issuance and service of the warrant provided for in ORS 133.773 (Governor’s warrant of arrest) and 133.777 (Execution of the warrant) and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of rights to the issuance and service of a warrant of extradition and to apply for a writ of habeas corpus as provided for in ORS 133.787 (Rights of arrested person) .

(2) Intentionally left blank —Ed.

(a) If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.

(b) Nothing in this section shall be deemed to limit the right of the accused person to submit voluntarily to the custody of such agent or agents for return without formality to the demanding state.

(c) The waiver procedure described in this section is not an exclusive procedure, nor does it limit the powers, rights or duties of the officers of the demanding state or of this state.

(3) Notwithstanding subsection (1) of this section, a law enforcement or corrections agency in this state holding a person who is alleged to have broken the terms of the person’s security release, probation, parole or any other release in the demanding state may deliver the person to the duly accredited agent of the demanding state without the requirement of a warrant if:

(a) The person has signed a prior waiver of extradition as a term of the person’s current security release, probation, parole or other release in the demanding state; and

(b) The law enforcement or corrections agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs, fingerprints or other evidence properly identifying the person as the person who signed the waiver. [Formerly 147.253; 1999 c.1051 §249; 2001 c.230 §1]

Source: Section 133.843 — Written waiver of extradition proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.763 — OR Code / Title 14 / Chapter 133 / Section 133.763
133.763 Facts documents must show
Status: in_force

A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that:

(1) Except in cases arising under ORS 133.767 (Extradition of person not present in demanding state at time of commission of crime) , the accused, when demanded upon a charge of crime, was present in the demanding state at the time of the commission of the alleged crime and thereafter fled from that state;

(2) The person demanded is in this state; and

(3) They constitute full compliance with the requirements of ORS 133.753 (Form of demand) . [Formerly 147.050]

Source: Section 133.763 — Facts documents must show , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.045 — OR Code / Title 14 / Chapter 153 / Section 153.045
153.045 Citation
Status: in_force

(1) Except as provided in subsection (5) of this section, a citation conforming to the requirements of this section must be used by enforcement officers for all violations. The citation may contain other language in addition to the language specified in this section.

(2) Uniform citation forms for violations shall be adopted by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) . In adopting those forms, the Supreme Court may combine the requirements for violation citations under this section and the requirements for criminal citations under ORS 133.066 (Criminal citations generally) . More than one violation may be charged on a single citation form, but a crime and a violation may not be charged on the same citation form.

(3) A violation citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:

(a) A complaint in the form prescribed by ORS 153.048 (Complaint) .

(b) The abstract of court record.

(c) The police record.

(d) A summons in the form prescribed by ORS 153.051 (Summons) .

(4) Each of the parts shall contain the information or blanks required by rules of the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses) .

(5) The complaint shall contain a form of certificate in which the enforcement officer must certify, under the penalties provided in ORS 153.990 (Penalty for false certification) , that the enforcement officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the violation specified in the complaint. A certificate conforming to this subsection shall be deemed equivalent of a sworn complaint. [1999 c.1051 §13; 2005 c.566 §2]

Source: Section 153.045 — Citation; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.789 — OR Code / Title 14 / Chapter 135 / Section 135.789
135.789 Notice of request for temporary custody
Status: in_force

In order to implement paragraph (a) of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer’s written request, notify the prisoner and the Governor in writing that a request for temporary custody has been made and such notification shall describe the source and contents of such request. The authorities having custody of the prisoner shall also advise the prisoner in writing of the rights of the prisoner to counsel, to make representations to the Governor within 30 days, and to contest the legality of the delivery of the prisoner. [Formerly 134.665]

Source: Section 135.789 — Notice of request for temporary custody; prisoner’s rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 132.020 — OR Code / Title 14 / Chapter 132 / Section 132.020
132.020 Selection of grand juries
Status: in_force

(1) Under the direction of the court, the clerk shall draw names at random from the names of jurors in attendance upon the court until the names of seven jurors are drawn and accepted by the court. The seven persons thus chosen shall constitute the grand jury.

(2) When the court, in its discretion, considers that one or more additional grand juries is needed for the administration of justice, one or more additional grand juries shall be selected in the manner provided in subsection (1) of this section.

(3) Any law applicable to the grand jury is equally applicable to any additional grand jury selected under subsection (2) of this section, except that whenever any duties or functions are imposed upon the grand jury, it shall be sufficient if such duties or functions are performed by one of the grand juries selected under this section.

(4) Any inquiry or investigation required by law to be made by a grand jury shall be void, unless such inquiry or investigation was made entirely by the same grand jury. [Amended by 1959 c.59 §1; 1985 c.703 §23]

Source: Section 132.020 — Selection of grand juries; law applicable to additional jury; when inquiry void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 146.760 — OR Code / Title 14 / Chapter 146 / Section 146.760
146.760 Immunity of participant in making of report
Status: in_force

Anyone participating in good faith in the making of a report pursuant to ORS 146.750 (Injuries to be reported to law enforcement agency) and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such report. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report. [1965 c.472 §5; 1971 c.451 §13; 1989 c.171 §20]

Source: Section 146.760 — Immunity of participant in making of report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 144.653 — OR Code / Title 14 / Chapter 144 / Section 144.653
144.653 Sealing records of pardoned conviction
Status: in_force

(1) When the Governor grants a pardon, the Governor or the Governor’s designee shall within 10 days notify:

(a) The presiding judge of the circuit court of the county in which the pardoned conviction occurred; and

(b) The district attorney of the county in which the pardoned conviction occurred.

(2) Upon receipt of the notification described in subsection (1)(a) of this section, the presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge but excluding records of the pardon produced under ORS 144.650 (Notice of intention to apply for pardon, commutation or remission) or 144.660 (Report to legislature by Governor) or documents filed with the Secretary of State under ORS 144.670 (Filing of papers by Governor) . The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court.

(3) Upon receipt of the notification described in subsection (1)(b) of this section, the district attorney shall notify the victim concerning the pardon and sealing of records. [2019 c.369 §1]

Note: 144.653 (Sealing records of pardoned conviction) and 144.655 (Request to seal records of pardoned conviction) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.653 — Sealing records of pardoned conviction; notice to victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.630 — OR Code / Title 14 / Chapter 137 / Section 137.630
137.630 Duties of parole and probation officers
Status: in_force

(1) The duties of parole and probation officers appointed pursuant to ORS 137.590 (Appointment of parole and probation officers and assistants) or 423.500 (Definitions for ORS 423.500 to 423.560) to 423.560 (Local public safety coordinating council) are:

(a) To make investigations and reports under ORS 137.530 (Investigation and report of parole and probation officers) as are required by the judge of any court having jurisdiction within the county, city or judicial district for which the officer is appointed to serve.

(b) To receive under supervision any person sentenced to probation by any court in the jurisdiction area for which the officers are appointed to serve.

(c) To provide release assistance, and supervise any person placed in a diversion, work release or community services alternative program, by any court in the jurisdiction area for which the officers are appointed to serve.

(d) To give each person under their supervision a statement of the conditions of probation or program participation and to instruct the person regarding the conditions.

(e) To keep informed concerning the conduct and condition of persons under their supervision by visiting, requiring reports and otherwise.

(f) To use all suitable methods, not inconsistent with the condition of probation or program participation, to aid and encourage persons under their supervision and to effect improvement in their conduct and condition.

(g) To keep detailed records of the work done and to make reports to the courts and to the Department of Corrections as the courts require.

(h) To perform other duties not inconsistent with the normal and customary functions of parole and probation officers as may be required by any court in the jurisdiction area for which the officers are appointed to serve.

(2) Parole and probation officers of the Department of Corrections have duties as specified by rule adopted by the Director of the Department of Corrections.

(3) Notwithstanding subsection (2) of this section, parole and probation officers may not be required to collect from persons under their supervision any fees to offset the costs of supervising the probation. [Amended by 1969 c.597 §127; 1981 c.447 §1; 1987 c.320 §42; 1993 c.14 §15; 2005 c.264 §12; 2021 c.653 §4]

Source: Section 137.630 — Duties of parole and probation officers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.547 — OR Code / Title 14 / Chapter 137 / Section 137.547
137.547 Consolidation of probation violation proceedings
Status: in_force

(1) Notwithstanding any other provision of law, the Chief Justice of the Supreme Court may make rules or issue orders under ORS 1.002 (Supreme Court) to establish procedures for the consolidation of probation violation proceedings pending against a probationer in multiple circuit courts.

(2) Rules made or orders issued under this section:

(a) Shall require the consent of the probationer to a consolidated probation violation proceeding and written waivers by the probationer as determined necessary or fair.

(b) Shall require the approval of the judge of any responding court, the initiating court and any appropriate court being considered for a consolidated probation violation proceeding.

(c) Shall require the approval of the district attorney of the county for any responding court, the initiating court and any court being considered as an appropriate court. [1999 c.614 §1; 2005 c.264 §5; 2013 c.155 §1]

Note: 137.547 (Consolidation of probation violation proceedings) 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 137.547 — Consolidation of probation violation proceedings; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.730 — OR Code / Title 14 / Chapter 135 / Section 135.730
135.730 Judgments
Status: in_force

In pleading in an accusatory instrument a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 132.660]

Source: Section 135.730 — Judgments; facts conferring jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.639 — OR Code / Title 14 / Chapter 144 / Section 144.639
144.639 Projecting number of persons to be classified as sexually violent dangerous offenders
Status: in_force

Once each biennium, the Department of Corrections, the State Board of Parole and Post-Prison Supervision and local supervisory authorities shall determine the number of offenders expected to be classified as sexually violent dangerous offenders during the following biennium. The department shall use the number in calculating the budget for the community corrections division of the department for the following biennium. [1999 c.924 §4]

Note: See note under 144.635 (Intensive supervision) .

Source: Section 144.639 — Projecting number of persons to be classified as sexually violent dangerous offenders; budgeting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.637 — OR Code / Title 14 / Chapter 136 / Section 136.637
136.637 Short title
Status: in_force

ORS 136.623 (Definitions) to 136.637 (Short title) may be cited as Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings. [Formerly 139.260]

Source: Section 136.637 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).