ORS § 146.095 — OR Code / Title 14 / Chapter 146 / Section 146.095
146.095 Investigation
Status: in_force

(1) The district medical examiner and the district attorney for the county where death occurs, as provided by ORS 146.100 (Where death considered to have occurred) (2), shall be responsible for the investigation of all deaths requiring investigation.

(2) The medical examiner shall certify the manner and the cause of all deaths which the medical examiner is required to investigate. The report of death shall be submitted to a county registrar as required by ORS 432.133 (Mandatory submission and registration of reports of death) .

(3) The medical examiner shall make a report of death investigation to the Chief Medical Examiner as soon as possible after being notified of a death requiring investigation.

(4) Within five days after notification of a death requiring investigation, the medical examiner shall make a written report of the investigation and file it in the district medical examiner’s office.

(5) The district medical examiner shall supervise the assistant district medical examiners and medical-legal death investigators in cooperation with the district attorney.

(6) The district medical examiner shall regularly conduct administrative training programs for the assistant district medical examiners, medical-legal death investigators and law enforcement agencies. [1973 c.408 §9; 2013 c.366 §67; 2017 c.151 §13]

Source: Section 146.095 — Investigation; certification; report; training , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 133.741 — OR Code / Title 14 / Chapter 133 / Section 133.741
133.741 Law enforcement agency policies and procedures regarding video and audio recordings
Status: in_force

"Last month, the Portland Police Bureau wrapped up its six-week body camera pilot program, marking the first time more than 100 of the city's officers have worn the devices — used for transparency and accountability." Bibliographic info

(1) Intentionally left blank —Ed.

(a) A law enforcement agency shall establish policies and procedures for the use, storage and retention of video and audio recordings resulting from the operation of video cameras worn upon a law enforcement officer’s person that record the officer’s interactions with members of the public while the officer is on duty.

(b) The policies and procedures described in paragraph (a) of this subsection must include:

(A) A requirement that a recording be retained for at least 180 days but no more than 30 months for a recording not related to a court proceeding or ongoing criminal investigation, or for the same period of time that evidence is retained in the normal course of the court’s business for a recording related to a court proceeding.

(B) A requirement that a camera worn upon a law enforcement officer’s person be set to record continuously, beginning when the officer develops reasonable suspicion or probable cause to believe that a crime or violation has occurred, is occurring or will occur and the law enforcement officer begins to make contact with the person suspected of committing the offense. The policies and procedures must also require that the camera may subsequently cease recording no sooner than the termination of the officer’s participation in the contact.

(C) A requirement that in any contract with a third party vendor for data storage, recordings from the camera are the property of the law enforcement agency, are not owned by the vendor and cannot be used by the vendor for any purpose inconsistent with the policies and procedures of the law enforcement agency.

(D) A prohibition on the use of facial recognition or other biometric matching technology to analyze recordings obtained through the use of the camera.

(E) A prohibition on the use of any recordings obtained from the camera for any purpose other than a legitimate law enforcement purpose.

(c) Notwithstanding paragraph (b)(B) of this subsection, a law enforcement agency may in its policies and procedures provide for exceptions to the recording requirements of paragraph (b)(B) of this subsection, provided that the exceptions are based on reasonable privacy concerns, exigent circumstances or the safety of law enforcement officers or other persons.

(2) As used in this section:

(a) “Law enforcement agency” means an agency employing law enforcement officers to enforce criminal laws.

(b) “Law enforcement officer” means an officer employed to enforce criminal laws by:

(A) This state or a municipal government within this state;

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

(C) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) . [2015 c.550 §1]

Note: 133.741 (Law enforcement agency policies and procedures regarding video and audio recordings) 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 133.741 — Law enforcement agency policies and procedures regarding video and audio recordings; requirements; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 132.410 — OR Code / Title 14 / Chapter 132 / Section 132.410
132.410 Finding of indictment
Status: in_force

An indictment, when found and indorsed, as provided in ORS 132.400 (Indorsement of indictment as “a true bill.”) and 132.580 (Names of grand jury witnesses required on indictment) , shall be filed with the clerk of the court, in whose office it shall remain as a public record. Upon being designated by the district attorney as confidential and until after the arrest of a defendant who has not been held to answer the charge, the indictment or any order or process in relation thereto shall not be inspected by any person other than the judge, the clerk of the court, the district attorney or a peace officer in the discharge of a duty concerning the indictment, order or process. [Amended by 1973 c.836 §52; 1999 c.967 §2]

Source: Section 132.410 — Finding of indictment; filing; inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 146.992 — OR Code / Title 14 / Chapter 146 / Section 146.992
146.992 Penalties
Status: in_force

(1) A person who violates ORS 146.103 (Removal of body, effects or weapons prohibited without consent) (1) commits a Class A misdemeanor.

(2) A person who violates ORS 146.103 (Removal of body, effects or weapons prohibited without consent) (2) or (4), 146.107 (Authority to enter and secure certain premises) (5), or 146.121 (Disposition of body) (1) commits a Class B misdemeanor.

(3) A person who violates ORS 146.100 (Where death considered to have occurred) (4) commits a Class C misdemeanor. [1973 c.408 §25]

Source: Section 146.992 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 135.893 — OR Code / Title 14 / Chapter 135 / Section 135.893
135.893 Diversion conditions related to medical use of cannabis
Status: in_force

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

(2) For a person who holds a registry identification card who is subject to a diversion agreement under ORS 135.891 (Conditions of diversion agreement) , the diversion conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the diversion conditions related to prescription drugs. [2016 c.24 §53d; 2019 c.292 §7]

Source: Section 135.893 — Diversion conditions related to medical use of cannabis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.390 — OR Code / Title 14 / Chapter 135 / Section 135.390
135.390 Determining voluntariness of plea
Status: in_force

(1) The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made.

(2) The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a plea agreement, the court shall determine the nature of the agreement.

(3) If the plea agreement includes an agreement that the district attorney will seek or not oppose dismissal of a charge in exchange for the defendant’s plea of guilty or no contest to another charge, the court may not accept the plea of guilty or no contest unless:

(a) The agreement includes a written provision that indicates whether the court is required to reinstate charges that are dismissed pursuant to the agreement if the plea of guilty or no contest is withdrawn under ORS 135.365 (Withdrawal of plea of guilty or no contest) or the judgment of conviction is subsequently reversed, vacated or set aside; and

(b) If the agreement requires the court to reinstate charges under the circumstances described in paragraph (a) of this subsection, the defendant has provided the court with a written waiver of the statute of limitations and any statutory or constitutional speedy trial or double jeopardy rights, applicable to the dismissed charges.

(4) If the district attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court shall advise the defendant personally that the recommendations of the district attorney are not binding on the court.

(5) Intentionally left blank —Ed.

(a) If the district attorney has provided a plea offer and agreed disposition recommendation to the defendant as provided in ORS 135.405 (Plea discussions and plea agreements) and the defendant is entering a guilty plea based on the plea offer and agreed disposition recommendation, the court shall determine whether the plea is voluntarily made. Except as otherwise provided in paragraph (b) of this subsection, if the court finds that the plea is voluntarily made, the court shall impose sentence as provided in the agreed disposition recommendation.

(b) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the defendant an opportunity to withdraw the plea. [1973 c.836 §168; 2001 c.635 §11; 2009 c.356 §1]

Source: Section 135.390 — Determining voluntariness of plea; nature of plea agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 147.155 — OR Code / Title 14 / Chapter 147 / Section 147.155
147.155 Appeal to Workers’ Compensation Board
Status: in_force

(1) Any applicant who requests review by the Department of Justice under ORS 147.145 (Review of order) and who disagrees with the decision of the department on review may appeal to the Workers’ Compensation Board.

(2) The request for hearing shall be in writing. The request shall include the applicant’s address, shall be signed by the applicant and shall be mailed to the board.

(3) The board shall conduct a hearing upon at least 10 days’ notice by mail to all interested persons.

(4) A record of all proceedings at the hearing shall be kept but need not be transcribed.

(5) The board is not bound by rules of evidence or by technical or formal rules of procedure, and may conduct the hearing in any manner that will achieve substantial justice. However, no evidence is admissible at a hearing that has not previously been considered by the department. The decision by the board shall be final and shall not be subject to further administrative or judicial review. [1977 c.376 §15a]

Source: Section 147.155 — Appeal to Workers’ Compensation Board; hearing; record; evidence considered; board determination not subject to further review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.480 — OR Code / Title 14 / Chapter 144 / Section 144.480
144.480 Protections and benefits for enrollees
Status: in_force

(1) Persons assigned to participate in an adult in custody work program established under ORS 144.420 (Department of Corrections to administer work release program) may be enrolled in an apprenticeship or training program under ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) and are entitled to the protection and benefits of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) to the same extent as other employees of their employer, except that the Director of the Department of Corrections shall establish by rule any compensation paid to such persons and the compensation is not subject to any provision establishing or requiring a minimum or prevailing wage unless required to comply with federal law.

(2) Persons assigned to participate in an adult in custody work program established under ORS 144.420 (Department of Corrections to administer work release program) are entitled to the protection and benefits of ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody) .

(3) Persons enrolled, or assigned to participate, in a work release program are not entitled to benefits:

(a) Under ORS chapter 656; or

(b) Under ORS chapter 657 during their enrollment. [1965 c.463 §10; 1969 c.597 §122a; 1969 c.678 §2; 1995 c.384 §7; 1997 c.851 §8; 2019 c.213 §35]

Source: Section 144.480 — Protections and benefits for enrollees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.747 — OR Code / Title 14 / Chapter 133 / Section 133.747
133.747 Fugitives from other states
Status: in_force

Subject to the qualifications of ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) and the provisions of the Constitution of the United States controlling, and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. [Formerly 147.020]

Source: Section 133.747 — Fugitives from other states; Governor to cause arrest and delivery of criminals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.325 — OR Code / Title 14 / Chapter 136 / Section 136.325
136.325 Jury not to be informed of and not to consider punishment that may be imposed
Status: in_force

Except as required in ORS 161.313 (Jury instructions) and 163.150 (Sentencing for aggravated murder) , the jury in a criminal proceeding may not be informed of, and may not consider, any punishment that the court may impose if the defendant is convicted of the charge. [1997 c.852 §10]

Note: 136.325 (Jury not to be informed of and not to consider punishment that may be imposed) 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 136.325 — Jury not to be informed of and not to consider punishment that may be imposed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.455 — OR Code / Title 14 / Chapter 133 / Section 133.455
133.455 Receipts for property taken from person in custody
Status: in_force

(1) Whenever any jailer, peace officer or health officer takes or receives any money or other valuables from any person in custody for safekeeping or for other purposes, the officer or jailer receiving such valuables or money forthwith shall tender one of duplicate receipts for the property being surrendered to the person in custody. If possible, the person in custody shall countersign both the original and duplicate receipts. If the person is unable to sign the receipts or receive the duplicate thereof, the same shall be signed by and delivered to the person when reasonably possible. A file of the original receipts shall be kept for at least six months after the money or valuables have been returned to the person in custody, the agent or representative of the person or other person entitled to the same.

(2) A person violating any of the provisions of subsection (1) of this section commits a Class B misdemeanor. [Formerly 142.210]

Source: Section 133.455 — Receipts for property taken from person in custody; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.064 — OR Code / Title 14 / Chapter 153 / Section 153.064
153.064 Warrant for arrest upon failure to appear
Status: in_force

(1) Except as provided in subsection (2) of this section, a warrant for arrest may be issued against a person who fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, only if the person is charged with failure to appear in a violation proceeding under ORS 153.992 (Penalty for failure to appear) .

(2) If a person fails to make a first appearance on a citation for a violation other than a Class E violation, or fails to appear at any other subsequent time set for trial or other appearance on a violation other than a Class E violation, the court may issue an order that requires the defendant to appear and show cause why the defendant should not be held in contempt. The show cause order may be mailed to the defendant by certified mail, return receipt requested. If service cannot be accomplished by mail, the defendant must be personally served. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court. [1999 c.1051 §18; 2021 c.591 §15]

Source: Section 153.064 — Warrant for arrest upon failure to appear , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.139 — OR Code / Title 14 / Chapter 135 / Section 135.139
135.139 Notice of availability of testing for HIV and other communicable diseases to person charged with crime
Status: in_force

(1) When a person has been charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, the district attorney, upon the request of the victim or the parent or guardian of a minor or incapacitated victim, shall seek the consent of the person charged to submit to a test for HIV and any other communicable disease. In the absence of such consent or failure to submit to the test, the district attorney shall petition the court for an order requiring the person charged to submit to a test for HIV and any other communicable disease.

(2) Intentionally left blank —Ed.

(a) At the time of an appearance before a circuit court judge on a criminal charge, the judge shall inform every person arrested and charged with a crime, in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, of the availability of testing for HIV and other communicable diseases and shall cause the alleged victim of such a crime, if any, or a parent or guardian of the victim, if any, to be notified that testing for HIV and other communicable diseases is available. The judge shall inform the person arrested and charged and the victim, or parent or guardian of the victim, of the availability of counseling under the circumstances described in subsection (7) of this section.

(b) Notwithstanding the provisions of ORS 433.045 (Notice of HIV test required) , when the district attorney files a petition under subsection (1) of this section, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that:

(A) The person charged committed the crime; and

(B) The victim has received a substantial exposure, as defined by rule of the Oregon Health Authority.

(c) If the district attorney files a petition under subsection (1) of this section at or before the defendant’s arraignment on the indictment or information and the court orders the defendant to submit to testing, the testing must be done within 48 hours of the defendant’s arraignment.

(d) The results of the test described in this subsection must be provided to the victim of the crime, or a parent or guardian of the victim, and to the defendant, as soon as practicable.

(e) Any necessary follow-up testing must be provided as medically appropriate.

(3) Notwithstanding the provisions of ORS 433.045 (Notice of HIV test required) , upon conviction of a person for any crime in which the court determines from the facts that the transmission of body fluids from one person to another was involved and if the person has not been tested pursuant to subsection (2) of this section, the court shall seek the consent of the convicted person to submit to a test for HIV and other communicable diseases. In the absence of such consent or failure to submit to the test, the court shall order the convicted person to submit to the test if the victim of the crime, or a parent or guardian of the victim, requests the court to make such order.

(4) When a test is ordered under subsection (2) or (3) of this section, the victim of the crime or a parent or guardian of the victim, shall designate an attending physician, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) to receive such information on behalf of the victim.

(5) If an HIV test results in a negative reaction, the court may order the person to submit to another HIV test six months after the first test was administered.

(6) The result of any test ordered under this section is not a public record and shall be available only to:

(a) The victim.

(b) The parent or guardian of a minor or incapacitated victim.

(c) The attending physician, physician assistant or nurse practitioner.

(d) The Oregon Health Authority.

(e) The person tested.

(7) If an HIV test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling as required by the Oregon Health Authority by rule. The results of HIV tests ordered under this section shall be reported to the authority. Counseling and referral for appropriate health care, testing and support services as directed by the Director of the Oregon Health Authority shall be provided to the victim or victims at the request of the victim or victims, or the parent or guardian of a minor or incapacitated victim.

(8) The costs of testing and counseling provided under subsections (2), (3) and (7) of this section shall be paid through the compensation for crime victims program authorized by ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) from amounts appropriated for such purposes. Restitution to the state for payment of the costs of any counseling provided under this section and for payment of the costs of any test ordered under this section shall be included by the court in any order requiring the convicted person to pay restitution.

(9) When a court orders a convicted person to submit to a test under this section, the withdrawal of blood may be performed only by a physician licensed under ORS chapter 677, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) , or by another licensed health care provider acting within the provider’s licensed scope of practice or acting under the supervision of a physician licensed under ORS chapter 677, a physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) .

(10) No person authorized by subsection (9) of this section to withdraw blood, no person assisting in the performance of the test nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices.

(11) The results of tests or reports, or information therein, obtained under this section shall be confidential and shall not be divulged to any person not authorized by this section to receive the information. Any violation of this subsection is a Class C misdemeanor.

(12) As used in this section:

(a) “HIV test” means a test as defined in ORS 433.045 (Notice of HIV test required) .

(b) “Parent or guardian of the victim” means a custodial parent or legal guardian of a victim who is a minor or incapacitated person.

(c) “Positive reaction” means a positive HIV test with a positive confirmatory test result as specified by the Oregon Health Authority.

(d) “Transmission of body fluids” means the transfer of blood, semen, vaginal secretions or other body fluids identified by rule of the authority, from the perpetrator of a crime to the mucous membranes or potentially broken skin of the victim.

(e) “Victim” means the person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the crime. [1989 c.568 §1; 1993 c.331 §1; 1999 c.967 §1; 2009 c.595 §92; 2014 c.45 §21; 2023 c.320 §1]

Note: 135.139 (Notice of availability of testing for HIV and other communicable diseases to person charged with crime) 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 135.139 — Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim’s rights; disclosure of test results; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.331 — OR Code / Title 14 / Chapter 144 / Section 144.331
144.331 Suspension of parole or post-prison supervision
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision may suspend the parole or post-prison supervision of any person under its jurisdiction upon being informed and having reasonable grounds to believe that the person has violated the conditions of parole or post-prison supervision and may order the arrest and detention of such person. The written order of the board is sufficient warrant for any law enforcement officer to take into custody such person. A sheriff, municipal police officer, constable, parole and probation officer, prison official or other peace officer shall execute the order.

(2) The board or its designated representative may proceed to hearing as provided in ORS 144.343 (Hearing required on revocation) without first suspending the parole or post-prison supervision or ordering the arrest and detention of any person under its jurisdiction upon being informed and having reasonable grounds to believe that the person under its jurisdiction has violated a condition of parole and that revocation of parole may be warranted or that the person under its jurisdiction has violated a condition of post-prison supervision and that incarceration for the violation may be warranted.

(3) During the pendency of any post-prison supervision violation proceedings, the period of post-prison supervision is stayed and the board has jurisdiction over the offender until the proceedings are resolved. [1973 c.694 §9 (enacted in lieu of 144.330); 1977 c.375 §1; 1991 c.108 §1; 2005 c.264 §13]

Source: Section 144.331 — Suspension of parole or post-prison supervision; custody of violator; revocation hearing before suspension , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.156 — OR Code / Title 14 / Chapter 137 / Section 137.156
137.156 Level III obligations in local court judgments
Status: in_force

Level III obligations in criminal judgments entered in local courts are amounts that the law expressly directs be paid to a specific account or public body as defined in ORS 174.109 (“Public body” defined) . [2013 c.685 §19]

Source: Section 137.156 — Level III obligations in local court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.580 — OR Code / Title 14 / Chapter 136 / Section 136.580
136.580 Subpoenas when books, papers or documents are required
Status: in_force

(1) If books, papers or documents are required, a direction to the following effect shall be added to the form provided in ORS 136.575 (Forms of subpoenas) : “And you are required, also, to bring with you the following: (describing intelligibly the books, papers or documents required).”

(2) Upon the motion of the state or the defendant, the court may direct that the books, papers or documents described in the subpoena be produced before the court prior to the trial or prior to the time when the books, papers or documents are to be offered in evidence and may, upon production, permit the books, papers or documents to be inspected and copied by the state or the defendant and the state’s or the defendant’s attorneys. [Formerly 139.080; 1993 c.304 §1]

Source: Section 136.580 — Subpoenas when books, papers or documents are required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 153.036 — OR Code / Title 14 / Chapter 153 / Section 153.036
153.036 Venue
Status: in_force

(1) A violation proceeding may be commenced in:

(a) The county in which the violation was committed; or

(b) Any other county whose county seat is a shorter distance by road from the place where the violation was committed than is the county seat of the county in which the violation was committed.

(2) Intentionally left blank —Ed.

(a) If a violation proceeding is commenced in the county in which the violation was committed, the proceeding may be commenced in a circuit or justice court of the county or, if the violation was committed within a city, in the municipal court.

(b) If a violation proceeding is commenced in a county other than the county in which the violation was committed, the proceeding may be commenced:

(A) In a circuit court;

(B) Notwithstanding the provisions of ORS 51.050 (Criminal jurisdiction) that limit the jurisdiction of justice courts to offenses committed within the county, in a justice court; or

(C) If the violation was committed within a city, in the municipal court of the city.

(3) A Central Violations Bureau established under ORS 153.806 (Central Violations Bureau) may conduct violation proceedings for a violation commenced in circuit court notwithstanding the county in which the proceeding is commenced.

(4) Intentionally left blank —Ed.

(a) Except as otherwise provided in paragraph (b) of this subsection, if a violation proceeding is commenced in a county other than the county in which the violation was committed, at the request of the defendant the place of trial may be changed to the county in which the violation was committed. A request for a change of the place of trial shall be made prior to the date set for the trial and shall be governed by the provisions of ORS 131.305 (Place of trial) to 131.415 (Conveyance of defendant in custody after change of venue) relating to change of venue.

(b) A defendant may not request that the place of trial be changed if the violation was committed within a city and the proceeding is commenced in the municipal court of the city.

(5) Except as specifically provided in this section, venue in violation proceedings in circuit courts is governed by ORS 131.305 (Place of trial) to 131.415 (Conveyance of defendant in custody after change of venue) . [1999 c.1051 §12; 1999 c.1051 §12a; 2003 c.528 §1; 2019 c.60 §3]

Source: Section 153.036 — Venue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 144.345 — OR Code / Title 14 / Chapter 144 / Section 144.345
144.345 Revocation of parole
Status: in_force

(1) Except as provided in subsection (2) of this section, whenever the State Board of Parole and Post-Prison Supervision considers an alleged parole violator and finds such person has violated one or more conditions of parole and evidence offered in mitigation does not excuse or justify the violation, the board may revoke parole.

(2) When a person released on parole or post-prison supervision is convicted of a crime and sentenced to a term of imprisonment at any institution of the Department of Corrections or its counterpart under the laws of the United States or any other state, such conviction and sentence shall automatically terminate the person’s parole or post-prison supervision as of the date of the sentence order. Notwithstanding any other provision of law, the person shall not be entitled to a hearing under ORS 144.343 (Hearing required on revocation) and shall have a rerelease date set as provided by rule. [1973 c.694 §14; 1977 c.372 §16; 1991 c.836 §3]

Source: Section 144.345 — Revocation of parole; effect of conviction for crime , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.070 — OR Code / Title 14 / Chapter 133 / Section 133.070
133.070 Criminal citation where arrest without warrant is authorized for ordinance violation
Status: in_force

(1) In any instance in which a person is subject to arrest without a warrant for violation of an ordinance of a county, city or municipal corporation, any peace officer who is authorized to make the arrest may make the arrest or in lieu of taking the person into custody the officer may issue and serve a criminal citation to the person to appear at any court within the jurisdictional unit by which the officer is authorized to act.

(2) Any criminal citation issued under this section must meet the requirements of ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation) .

(3) The person cited shall appear before the court in which the person’s appearance is required at the time, date and court specified in the criminal citation. If the person fails to appear at that time and a complaint is filed, the court shall issue a warrant for the person’s arrest upon application for its issuance. [1969 c.244 §8; 1983 c.661 §2; 1999 c.1051 §62]

Source: Section 133.070 — Criminal citation where arrest without warrant is authorized for ordinance violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.035 — OR Code / Title 14 / Chapter 138 / Section 138.035
138.035 Appeal by defendant
Status: in_force

(1) Intentionally left blank —Ed.

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

(A) Conclusively disposing of all counts in the accusatory instrument or conclusively disposing of all counts severed from other counts;

(B) Convicting the defendant of at least one count; and

(C) Imposing sentence on all counts of which the defendant was convicted.

(b) For the purposes of this subsection, if the trial court merges a determination of guilt on one count with a determination of guilt on another count and imposes a sentence on the merged determinations of guilt, the trial court has conclusively disposed of the merged counts.

(2) Intentionally left blank —Ed.

(a) A defendant may appeal a judgment ordering payment of restitution but not specifying the amount of restitution.

(b) A defendant may appeal a supplemental judgment awarding restitution.

(3) A defendant may appeal a judgment or order extending a period of probation, imposing a new or modified condition of probation or of sentence suspension, or imposing or executing a sentence upon revocation of probation or sentence suspension.

(4) A defendant may appeal an amended or corrected judgment entered after the judgment of conviction and sentence.

(5) A defendant may cross-appeal when the state appeals pursuant to ORS 138.045 (Appeal by state) (1)(d). [2017 c.529 §3]

Source: Section 138.035 — Appeal by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 137.123 — OR Code / Title 14 / Chapter 137 / Section 137.123
137.123 Provisions relating to concurrent and consecutive sentences
Status: in_force

(1) A sentence imposed by the court may be made concurrent or consecutive to any other sentence which has been previously imposed or is simultaneously imposed upon the same defendant. The court may provide for consecutive sentences only in accordance with the provisions of this section. A sentence shall be deemed to be a concurrent term unless the judgment expressly provides for consecutive sentences.

(2) If a defendant is simultaneously sentenced for criminal offenses that do not arise from the same continuous and uninterrupted course of conduct, or if the defendant previously was sentenced by any other court within the United States to a sentence which the defendant has not yet completed, the court may impose a sentence concurrent with or consecutive to the other sentence or sentences.

(3) When a defendant is sentenced for a crime committed while the defendant was incarcerated after sentencing for the commission of a previous crime, the court shall provide that the sentence for the new crime be consecutive to the sentence for the previous crime.

(4) When a defendant has been found guilty of more than one criminal offense arising out of a continuous and uninterrupted course of conduct, the sentences imposed for each resulting conviction shall be concurrent unless the court complies with the procedures set forth in subsection (5) of this section.

(5) The court has discretion to impose consecutive terms of imprisonment for separate convictions arising out of a continuous and uninterrupted course of conduct only if the court finds:

(a) That the criminal offense for which a consecutive sentence is contemplated was not merely an incidental violation of a separate statutory provision in the course of the commission of a more serious crime but rather was an indication of defendant’s willingness to commit more than one criminal offense; or

(b) The criminal offense for which a consecutive sentence is contemplated caused or created a risk of causing greater or qualitatively different loss, injury or harm to the victim or caused or created a risk of causing loss, injury or harm to a different victim than was caused or threatened by the other offense or offenses committed during a continuous and uninterrupted course of conduct. [1987 c.2 §12; 1991 c.67 §29; 1991 c.111 §14; 1995 c.657 §2; 2003 c.14 §58]

Source: Section 137.123 — Provisions relating to concurrent and consecutive sentences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.520 — OR Code / Title 14 / Chapter 147 / Section 147.520
147.520 Resolution of claim when response not filed
Status: in_force

(1) If a response to the order to show cause issued under ORS 147.517 (Notice) is not timely filed, the court shall:

(a) Make factual findings supported by the record; and

(b) Determine whether the factual findings constitute a violation of a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.

(2) If the court determines that the victim’s rights:

(a) Have been violated, except as provided in paragraph (c) of this subsection, the court shall issue an order after giving due consideration to the proposed remedy.

(b) Have not been violated, the court shall issue an order denying relief.

(c) Have been violated but that the Oregon Constitution or the United States Constitution prohibits all appropriate remedies or that the court has suspended the rights of the victim under ORS 147.517 (Notice) (4)(b), the court shall issue an order denying relief.

(3) The order issued under subsection (2) of this section must be in writing and, except as provided in ORS 147.517 (Notice) (4)(b)(B), must include the reasons relief was granted or denied.

(4) The court shall provide a copy of the order issued under subsection (2) of this section to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (Notice) (1)(a). [2009 c.178 §8]

Note: See note under 147.500 (Definitions) .

Source: Section 147.520 — Resolution of claim when response not filed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.689 — OR Code / Title 14 / Chapter 137 / Section 137.689
137.689 Oregon Crimefighting Act
Status: in_force

This section and ORS 137.690 (Major felony sex crime) and 813.011 (Felony driving under the influence of intoxicants) shall be known as the Oregon Crimefighting Act. [2011 c.1 §1]

Note: 137.689 (Oregon Crimefighting Act) was enacted into law but was not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.689 — Oregon Crimefighting Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.610 — OR Code / Title 14 / Chapter 135 / Section 135.610
135.610 Demurrer
Status: in_force

(1) The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.

(2) The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument. [Amended by 1973 c.836 §183]

Source: Section 135.610 — Demurrer; generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.155 — OR Code / Title 14 / Chapter 137 / Section 137.155
137.155 Level III obligations in circuit court judgments
Status: in_force

Level III obligations in criminal judgments entered in circuit courts are fines payable to a county or city. [Formerly 137.294]

Source: Section 137.155 — Level III obligations in circuit court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.145 — OR Code / Title 14 / Chapter 147 / Section 147.145
147.145 Review of order
Status: in_force

(1) If the applicant disagrees with the order entered under ORS 147.135 (Processing compensation application) , the applicant may request review by the Department of Justice.

(2) Intentionally left blank —Ed.

(a) The department shall reconsider any order for which a request for review is received. The department shall notify the applicant of its decision on review within 30 days of the department’s receipt of the request for review.

(b) If the department determines that the request for review does not contain sufficient information to make a decision within 30 days of the department’s receipt of the request for review, the 30-day time period may be extended by the department only with the oral or written permission of the applicant. [1977 c.376 §15; 2017 c.108 §3]

Source: Section 147.145 — Review of order; reconsideration; notice to applicant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.405 — OR Code / Title 14 / Chapter 135 / Section 135.405
135.405 Plea discussions and plea agreements
Status: in_force

(1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 135.415 (Criteria to be considered in plea discussions and plea agreements) and the prohibitions set forth in ORS 135.418 (Prohibited plea agreement provisions) , the district attorney may engage in plea discussions for the purpose of reaching a plea agreement.

(2) The district attorney shall engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when, as a matter of record, the defendant has effectively waived the right of the defendant to counsel or, if the defendant is not eligible for appointed counsel, has not retained counsel.

(3) The district attorney in reaching a plea agreement may agree to, but is not limited to, one or more of the following, as required by the circumstances of the individual case:

(a) To make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or no contest to the offense charged;

(b) To seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or no contest to another offense reasonably related to the defendant’s conduct; or

(c) To seek or not to oppose dismissal of other charges or to refrain from bringing potential charges if the defendant enters a plea of guilty or no contest to the offense charged.

(4) Similarly situated defendants should be afforded equal plea agreement opportunities.

(5) Intentionally left blank —Ed.

(a) A district attorney may provide a plea offer and agreed disposition recommendation to the defendant at the time of arraignment or first appearance of the defendant for a crime in open court under an early disposition program established under ORS 135.941 (Early disposition programs) .

(b) Unless extended by the court, a plea offer and agreed disposition recommendation made under paragraph (a) of this subsection expire upon completion of the arraignment. Except for good cause, a court may not extend a plea offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony. [1973 c.836 §170; 2001 c.635 §10; 2001 c.962 §79; 2013 c.525 §2; 2017 c.650 §8; 2018 c.37 §5]

Source: Section 135.405 — Plea discussions and plea agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.230 — OR Code / Title 14 / Chapter 137 / Section 137.230
137.230 Definitions for ORS 137.260
Status: in_force

As used in ORS 137.260 (Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged) , “conviction” or “convicted” means an adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction. [1961 c.412 §1; 1987 c.158 §20]

Source: Section 137.230 — Definitions for ORS 137.260 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.815 — OR Code / Title 14 / Chapter 135 / Section 135.815
135.815 Disclosure to defendant
Status: in_force

(1) Except as otherwise provided in ORS 135.855 (Material and information not subject to discovery) and 135.873 (Protective orders) , the district attorney shall disclose to a represented defendant the following material and information within the possession or control of the district attorney:

(a) The names, addresses and telephone numbers of persons whom the district attorney intends to call as witnesses at any stage of the trial, together with their relevant written or recorded statements or memoranda of any oral statements of such persons.

(b) Any written or recorded statements or memoranda of any oral statements made by the defendant, or made by a codefendant if the trial is to be a joint one.

(c) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons which the district attorney intends to offer in evidence at the trial.

(d) Any books, papers, documents, photographs or tangible objects:

(A) Which the district attorney intends to offer in evidence at the trial; or

(B) Which were obtained from or belong to the defendant.

(e) If actually known to the district attorney, any record of prior criminal convictions of persons whom the district attorney intends to call as witnesses at the trial; and the district attorney shall make a good faith effort to determine if such convictions have occurred.

(f) All prior convictions of the defendant known to the state that would affect the determination of the defendant’s criminal history for sentencing under rules of the Oregon Criminal Justice Commission.

(g) Any material or information that tends to:

(A) Exculpate the defendant;

(B) Negate or mitigate the defendant’s guilt or punishment; or

(C) Impeach a person the district attorney intends to call as a witness at the trial.

(2) Intentionally left blank —Ed.

(a) The disclosure required by subsection (1)(g) of this section:

(A) Shall occur regardless of whether the material or information is recorded or in writing.

(B) Shall occur without delay in accordance with ORS 135.845 (Time of disclosure) and prior to the entry of any guilty plea pursuant to an agreement with the state. If the existence of the material or information is not known at that time, the disclosure shall be made upon discovery without regard to whether the represented defendant has entered or agreed to enter a guilty plea.

(b) Nothing in subsection (1)(g) of this section:

(A) Expands any obligation under a statutory provision or the Oregon or United States Constitution to disclose, or right to disclosure of, personnel or internal affairs files of law enforcement officers.

(B) Imposes any obligation on the district attorney to provide material or information beyond the obligation imposed by the Oregon and United States Constitutions.

(3) Except as otherwise provided in ORS 135.855 (Material and information not subject to discovery) and 135.873 (Protective orders) , in prosecutions for violation of ORS 813.010 (Driving under the influence of intoxicants) in which an instrument was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood the district attorney shall disclose to a represented defendant at least the following material and information within the possession or control of the district attorney:

(a) Any report prepared by a police officer relating to field tests, interviews, observations and other information relating to the charged offense;

(b) Any report relating to the test results;

(c) A copy of the form provided to the defendant under ORS 813.100 (Implied consent to breath or blood test) (2)(b); and

(d) Any checklist prepared by the operator of the instrument for the test.

(4) Intentionally left blank —Ed.

(a) If a defendant is not represented by a lawyer, the district attorney shall disclose to the defendant all of the information described in subsections (1) and (3) of this section except for the personal identifiers of the victim and any witnesses.

(b) Notwithstanding paragraph (a) of this subsection, the district attorney shall disclose the personal identifiers of the victim and any witnesses if the trial court orders the disclosure. A trial court shall order the district attorney to disclose the personal identifiers of the victim and any witnesses if the trial court finds that:

(A) The defendant has requested the information; and

(B) Intentionally left blank —Ed.

(i) The victim or witness is a business or institution and disclosure of the information would not represent a risk of harm to the victim or witness; or

(ii) The need for the information cannot reasonably be met by other means.

(5) Intentionally left blank —Ed.

(a) Unless authorized by the trial court to disclose the information, a lawyer representing a defendant, or a representative of the lawyer, may not disclose to the defendant personal identifiers of a victim or witness obtained under subsections (1) and (3) of this section.

(b) The trial court shall order the lawyer, or representative of the lawyer, to disclose to the defendant the personal identifiers of a victim or witness if the court finds that:

(A) The defendant’s lawyer has requested the district attorney to disclose the information to the defendant;

(B) The district attorney has refused to disclose the information to the defendant; and

(C) The need for the information cannot reasonably be met by other means.

(6) As used in this section:

(a) “Personal identifiers” means:

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

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

(b) “Representative of the lawyer” has the meaning given that term in ORS 40.225 (Rule 503. Law practitioner-client privilege) .

(c) “Represented defendant” means a defendant who is represented by a lawyer in a criminal action.

(d) “Social media” has the meaning given that term in ORS 659A.330 (Employee social media account privacy) . [1973 c.836 §214; 1989 c.790 §5; 1993 c.469 §2; 1999 c.304 §1; 2005 c.545 §1; 2007 c.581 §1; 2013 c.525 §1; 2017 c.171 §1; 2019 c.475 §11; 2021 c.409 §2]

Source: Section 135.815 — Disclosure to defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.825 — OR Code / Title 14 / Chapter 133 / Section 133.825
133.825 Governor may recall warrant
Status: in_force

The Governor may recall the Governor’s warrant of arrest or may issue another warrant whenever the Governor deems proper. [Formerly 147.210]

Source: Section 133.825 — Governor may recall warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.700 — OR Code / Title 14 / Chapter 138 / Section 138.700
138.700 Entry of unidentified profile into DNA databases
Status: in_force

(1) If DNA testing ordered under ORS 138.692 (Motion for DNA testing) produces an unidentified DNA profile, upon motion of a party the court may order an NDIS-participating laboratory within this state to:

(a) Enter the DNA profile into the National DNA Index System; or

(b) Enter the DNA profile into the State DNA Index System if the profile meets all applicable requirements.

(2) Notwithstanding subsection (1)(a) of this section, the DNA profile shall only be compared to the National DNA Index System if the state administrator of the Combined DNA Index System determines that:

(a) The forensic sample has a nexus to the crime scene, is probative, and was suitable for analysis;

(b) The DNA profile was generated through a technology that complies with all requirements in the NDIS manual and federal standards; and

(c) The DNA profile meets all requirements in the NDIS manual for entry.

(3) Intentionally left blank —Ed.

(a) If a party to post-conviction DNA testing proceedings seeks to conduct the testing at a nonparticipating laboratory and intends to have any DNA profile resulting from the testing submitted to the National DNA Index System or the State DNA Index System, the party may identify an NDIS-participating laboratory within this state and request the court, by motion, to order the NDIS-participating laboratory to evaluate whether the nonparticipating laboratory is in compliance with federal standards for the purpose of uploading DNA profiles to CODIS. The party shall provide notice of the requested order to the opposing party and to the NDIS-participating laboratory identified in the motion.

(b) The state may appear on the motion as a party to post-conviction DNA testing proceedings or on behalf of the NDIS-participating laboratory if the laboratory is a public entity.

(4) The court may order the NDIS-participating laboratory to conduct an evaluation pursuant to subsection (3) of this section if the moving party demonstrates and the court finds that:

(a) Intentionally left blank —Ed.

(A) The NDIS-participating laboratory is not able to, or for practical reasons has determined not to, perform the specific testing and analysis sought by the moving party;

(B) The NDIS-participating laboratory’s testing and analysis would not be substantially equivalent to testing and analysis by the nonparticipating laboratory; or

(C) Testing and analysis by the NDIS-participating laboratory would not otherwise be appropriate;

(b) The evaluation will not delay investigations or unduly burden the resources of the NDIS-participating laboratory; and

(c) There is a reasonable likelihood that the evaluation would result in a finding that:

(A) The nonparticipating laboratory is in compliance with federal standards; and

(B) If a DNA profile is generated from testing by the nonparticipating laboratory, the profile would meet all requirements in the NDIS manual and federal standards.

(5) If the court orders an evaluation of a nonparticipating laboratory under subsection (4) of this section, within 120 days of receiving the court order, the NDIS-participating laboratory shall comply with the order as follows:

(a) The NDIS-participating laboratory may conduct the evaluation by obtaining and reviewing the records of an on-site visit and assessment of the nonparticipating laboratory previously conducted by the Federal Bureau of Investigation or an NDIS-participating laboratory.

(b) If a previously conducted on-site visit and assessment were not conducted within a time frame required by federal law, the results of the previously conducted on-site visit and assessment are unavailable, or the nonparticipating laboratory is not in compliance with other applicable standards, the NDIS-participating laboratory may:

(A) Evaluate the nonparticipating laboratory by conducting a new on-site visit and assessment, provided that:

(i) The ability to conduct the new on-site visit and assessment is within the limits of available resources of the NDIS-participating laboratory;

(ii) The nonparticipating laboratory agrees to cooperate with the new on-site visit and assessment; and

(iii) The moving party bears the costs associated with the new on-site visit and assessment; or

(B) Notify the court of the inability to evaluate the nonparticipating laboratory by conducting a new on-site visit and assessment due to the available resources of the NDIS-participating laboratory, a refusal by the nonparticipating laboratory to cooperate with the on-site visit and assessment or the refusal by the moving party to bear the costs associated with the new on-site visit and assessment.

(6) A determination by the NDIS-participating laboratory as to whether the nonparticipating laboratory is in compliance with federal standards is not subject to judicial review.

(7) Should any provision of a court order under this section be determined to violate federal law, the NDIS manual, or any memorandum of understanding between the Federal Bureau of Investigation and the Department of State Police concerning forensic laboratories, that portion of the order shall be considered unenforceable and the remaining portions of the order remain in effect. [2019 c.368 §8]

Note: See note under 138.688 (Definitions) .

Source: Section 138.700 — Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 138.540 — OR Code / Title 14 / Chapter 138 / Section 138.540
138.540 Petition for relief as exclusive remedy for challenging conviction
Status: in_force

(1) Except as otherwise provided in ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , a petition pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall be the exclusive means, after judgment rendered upon a conviction for a crime, for challenging the lawfulness of such judgment or the proceedings upon which it is based. The remedy created by ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) does not replace or supersede the motion for new trial, the motion in arrest of judgment or direct appellate review of the sentence or conviction, and a petition for relief under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall not be filed while such motions or appellate review remain available. With the exception of habeas corpus, all common law post-conviction remedies, including the motion to correct the record, coram nobis, the motion for relief in the nature of coram nobis and the motion to vacate the judgment, are abolished in criminal cases.

(2) When a person restrained by virtue of a judgment upon a conviction of crime asserts the illegality of the restraint upon grounds other than the unlawfulness of such judgment or the proceedings upon which it is based or in the appellate review thereof, relief shall not be available under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) but shall be sought by habeas corpus or other remedies, if any, as otherwise provided by law. As used in this subsection, such other grounds include but are not limited to unlawful revocation of parole or conditional pardon or completed service of the sentence imposed. [1959 c.636 §4]

Source: Section 138.540 — Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 147.417 — OR Code / Title 14 / Chapter 147 / Section 147.417
147.417 Victim to be notified of constitutional rights
Status: in_force

(1) As soon as is reasonably practicable in a criminal action in which there is a victim, a law enforcement agency shall notify a person who reasonably appears to be a victim of the offense of the person’s rights under section 42, Article I of the Oregon Constitution. The notice may be oral or written and written notice may be provided electronically. If exercise of any of the rights depends upon the victim making a request, the law enforcement agency shall include in the notice the time period in which the victim is required to make the request. A law enforcement agency satisfies the requirements of this section if the law enforcement agency:

(a) Provides notice to the victim named in the accusatory instrument, the victim’s guardian or, in a homicide case, the victim’s next of kin; and

(b) Presents, if written notice is given, the notice directly to the victim, sends the notice to the last address given to the law enforcement agency by the victim or sends the notice electronically to the cellular phone number or electronic mail address given to the law enforcement agency by the victim.

(2) Failure by a law enforcement agency to properly notify the victim as required by this section:

(a) Is not grounds for setting aside a conviction.

(b) Does not affect the validity of a plea, except as provided by section 42 or 43, Article I of the Oregon Constitution.

(3) Nothing in subsection (2) of this section justifies a failure to properly notify the victim.

(4) Intentionally left blank —Ed.

(a) As used in this section, “law enforcement agency” means the police agency that initially responds in the case, the police agency that investigates the case or the district attorney who prosecutes the case.

(b) The district attorney shall determine if the notice required by this section has been given and, if not, shall provide the notice. [1997 c.313 §5; 2009 c.178 §25; 2017 c.171 §2]

Note: 147.417 (Victim to be notified of constitutional rights) , 147.419 (Authority of victim to obtain copy of transcript or tape of criminal proceeding) and 147.421 (Information about defendant that public body is required to provide to victim) 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 147.417 — Victim to be notified of constitutional rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.089 — OR Code / Title 14 / Chapter 144 / Section 144.089
144.089 Community service exchange programs
Status: in_force

(1) As used in this section:

(a) “Community-based organization” means a not-for-profit organization or entity or a local or county government.

(b) “Community service” has the meaning given that term under ORS 137.126 (Definitions for ORS 137.126 to 137.131) .

(c) “Delinquent fees or debts” means:

(A) Unpaid costs for conviction;

(B) Attorney fees;

(C) Costs related to criminal conviction that a person accumulated while incarcerated; or

(D) Fees of any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting as described in ORS 1.202 (Fee for establishing and administering account for judgment that includes monetary obligation) .

(d) “Person” means an individual who has served a sentence in the legal and physical custody of the Department of Corrections and who is serving an active period of parole or post-prison supervision.

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

(2) Intentionally left blank —Ed.

(a) The county governing body of each county shall establish a community service exchange program for the county.

(b) The local supervisory authority may determine whether to participate in the community service exchange program.

(c) The local supervisory authority may determine whether a community-based organization qualifies for the community service exchange program.

(d) A person may not participate in the community service exchange program more than once.

(3) The community service exchange program may not result in a waiver of unpaid balances for:

(a) Restitution or compensatory fines imposed under ORS 137.101 (Compensatory fine) to 137.109 (Effect of restitution order on other remedies of victim) ;

(b) Unpaid obligations imposed by a support order under ORS chapter 25;

(c) Fines for misdemeanors and felonies under ORS 137.286 (Minimum fines for misdemeanors and felonies) ; or

(d) Fines for traffic offenses.

(4) In order to be eligible to participate in the community service exchange program, a person must:

(a) Enter into a written agreement with a community-based organization to perform community service in exchange for a waiver of delinquent fees or debts; and

(b) Obtain the approval of the terms of the written agreement of the local supervisory authority.

(5) A community-based organization shall supervise and record the community service that a person performs to fulfill the requirements established by the written agreement described under this section. The community-based organization shall notify the local supervisory authority as soon as a person has entered into the community service exchange program and when the person has successfully fulfilled or failed to meet the requirements of the program.

(6) Within 30 days of the local supervisory authority’s receiving notification that a person is participating in the community service exchange program, the local supervisory authority shall notify the court of the county in which the person was convicted. Notwithstanding ORS 137.143 (All monetary obligations constitute single obligation on part of convicted person) , upon notification from the local supervisory authority, the court shall suspend all collection activity of delinquent fees or debts.

(7) Intentionally left blank —Ed.

(a) When a person has successfully fulfilled the requirements of the community service exchange program, the community-based organization shall notify the local supervisory authority and the local supervisory authority shall send a notice of completion to the court of the county in which the person was convicted.

(b) Upon notification of completion from the local supervisory authority, the court shall update the record of monetary obligations imposed for the convictions to reflect a waiver of delinquent fees or debts.

(8) If a person fails to meet the requirements of the community service exchange program:

(a) The community-based organization shall notify the local supervisory authority and, if applicable, the local supervisory authority shall notify the community corrections agency or other local supervisory authority.

(b) Within 30 days of the local supervisory authority’s receiving notification from the community-based organization, the local supervisory authority shall notify the court of the county in which the person was convicted.

(c) Upon notification from the local supervisory authority, the court shall resume collection of delinquent fees or debts. [2017 c.522 §1; 2021 c.653 §5]

Note: 144.089 (Community service exchange programs) 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.

POST-PRISON SUPERVISION

Source: Section 144.089 — Community service exchange programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 132.420 — OR Code / Title 14 / Chapter 132 / Section 132.420
132.420 Disclosure relative to indictment not subject to inspection
Status: in_force

No grand juror, reporter or other person except the district attorney or a peace officer in the exercise of duties in effecting an arrest shall disclose any fact concerning any indictment while it is not subject to public inspection. [Amended by 1973 c.836 §53]

Source: Section 132.420 — Disclosure relative to indictment not subject to inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 135.432 — OR Code / Title 14 / Chapter 135 / Section 135.432
135.432 Judge involvement in plea discussions
Status: in_force

(1) Intentionally left blank —Ed.

(a) The trial judge may not participate in plea discussions, except:

(A) To inquire of the parties about the status of any discussions;

(B) To participate in a tentative plea agreement as provided in subsections (2) to (4) of this section;

(C) To make the inquiries required by ORS 147.512 (Plea hearings, sentencing hearings and settlement conferences) ; or

(D) As provided in subsection (5) of this section.

(b) Any other judge, at the request of both the prosecution and the defense, or at the direction of the presiding judge, may participate in plea discussions. Participation by a judge in the plea discussion process shall be advisory, and shall in no way bind the parties. If no plea is entered pursuant to these discussions, the advice of the participating judge shall not be reported to the trial judge. If the discussion results in a plea of guilty or no contest, the parties, if they both agree to do so, may proceed with the plea before a judge involved in the discussion. This plea may be entered pursuant to a tentative plea agreement as provided in subsections (2) to (4) of this section.

(2) If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or no contest in the expectation that charge or sentence concessions will be granted, the trial judge, upon request of the parties, may permit the disclosure to the trial judge of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. The trial judge may then advise the district attorney and defense counsel whether the trial judge will concur in the proposed disposition if the information in the presentence report or other information available at the time for sentencing is consistent with the representations made to the trial judge.

(3) If the trial judge concurs, but later decides that the final disposition of the case should not include the sentence concessions contemplated by the plea agreement, the trial judge shall so advise the defendant and allow the defendant a reasonable period of time in which to either affirm or withdraw a plea of guilty or no contest.

(4) When a plea of guilty or no contest is tendered or received as a result of a prior plea agreement, the trial judge shall give the agreement due consideration, but notwithstanding its existence, the trial judge is not bound by it, and may reach an independent decision on whether to grant sentence concessions under the criteria set forth in ORS 135.415 (Criteria to be considered in plea discussions and plea agreements) .

(5) With the consent of the parties and upon receipt of a written waiver executed by the defendant, the trial judge may participate in plea discussions. [1973 c.836 §173; 1987 c.202 §1; 1997 c.313 §4; 2009 c.178 §33]

Source: Section 135.432 — Judge involvement in plea discussions; responsibilities of trial judge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.465 — OR Code / Title 14 / Chapter 135 / Section 135.465
135.465 Defect in accusatory instrument as affecting acquittal on merits
Status: in_force

When the defendant is acquitted on the merits, the defendant is considered acquitted of the offense charged in the accusatory instrument, notwithstanding a defect in form or substance in the accusatory instrument on which the defendant is acquitted. [Formerly 135.880]

Source: Section 135.465 — Defect in accusatory instrument as affecting acquittal on merits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.212 — OR Code / Title 14 / Chapter 137 / Section 137.212
137.212 Clerk to prepare trial court file
Status: in_force

In every criminal proceeding, the clerk shall attach together and file in the office of the clerk, in the order of their filing, all the original papers filed in the court, whether before or after judgment, including but not limited to the indictment and other pleadings, demurrers, motions, affidavits, stipulations, orders, the judgment and the notice of appeal and undertaking on appeal, if any. [Formerly 137.220]

Source: Section 137.212 — Clerk to prepare trial court file , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.135 — OR Code / Title 14 / Chapter 135 / Section 135.135
135.135 Exclusion of witnesses during examination of others
Status: in_force

The magistrate may exclude the witnesses who have not been examined during the examination of the defendant or of a witness for the state or the defendant. [Formerly 133.730]

Source: Section 135.135 — Exclusion of witnesses during examination of others , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.500 — OR Code / Title 14 / Chapter 136 / Section 136.500
136.500 Motion in arrest of judgment
Status: in_force

A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630 (Grounds of demurrer) (1) and (4), and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]

Source: Section 136.500 — Motion in arrest of judgment; basis and time for making , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.783 — OR Code / Title 14 / Chapter 133 / Section 133.783
133.783 Authority of arresting officer to command assistance
Status: in_force

Every such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance. [Formerly 147.090]

Source: Section 133.783 — Authority of arresting officer to command assistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.725 — OR Code / Title 14 / Chapter 135 / Section 135.725
135.725 Person injured or intended to be injured
Status: in_force

When a crime involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material. [Formerly 132.630]

Source: Section 135.725 — Person injured or intended to be injured , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 132.540 — OR Code / Title 14 / Chapter 132 / Section 132.540
132.540 Sufficiency of indictment
Status: in_force

(1) The indictment is sufficient if it can be understood therefrom that:

(a) The defendant is named, or if the name of the defendant cannot be discovered, that the defendant is described by a fictitious name, with the statement that the real name of the defendant is to the jury unknown.

(b) The crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein.

(c) The crime was committed at some time prior to the finding of the indictment and within the time limited by law for the commencement of an action therefor.

(2) Except as provided in ORS 136.765 (Notice to defendant) (1) and subsection (3) of this section, the indictment may not contain allegations that the defendant has previously been convicted of the violation of any statute that may subject the defendant to enhanced penalties.

(3) The indictment must allege that the defendant has previously been convicted of an offense when the previous conviction constitutes a material element of the charged offense.

(4) Words used in a statute to define a crime need not be strictly pursued in the indictment, but other words conveying the same meaning may be used.

(5) Intentionally left blank —Ed.

(a) An indictment may include a pseudonym, initials or another signifier instead of the name of a victim if:

(A) At least one of the crimes alleged to have been committed against the victim in the indictment is a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) ;

(B) A separate document containing the name of the victim and the corresponding pseudonym, initials or other signifier is filed with the clerk of the court at the same time as the indictment is filed; and

(C) A copy of the document described in subparagraph (B) of this paragraph is provided to the defense attorney or, if the defendant does not have a lawyer, in accordance with paragraph (c) of this subsection, at the time of arraignment on the indictment.

(b) The defense attorney may orally inform the defendant of the name of the victim contained in the document described in paragraph (a)(B) of this subsection but may not provide a copy of the document to the defendant.

(c) If a defendant is not represented by a lawyer, the district attorney shall provide a copy of the document described in paragraph (a)(B) of this subsection to the defendant. At the time of providing the document, the court shall enter an order prohibiting the defendant from copying the document or providing the document to any other person.

(d) The document described in paragraph (a)(B) of this subsection is confidential with respect to any person who is not a party to the case. At any time during the proceeding the court may, upon a finding of good cause, order that the document is not confidential. Once the final judgment on the case is entered, the document is no longer confidential. [Amended by 1957 c.657 §1; 1973 c.836 §57; 2009 c.180 §1; 2019 c.338 §1]

Source: Section 132.540 — Sufficiency of indictment; previous convictions; use of statutory language; when name of victim not required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 153.022 — OR Code / Title 14 / Chapter 153 / Section 153.022
153.022 Authority of agency to specify rule violation as particular level of violation
Status: in_force

If a statute provides that violation of the rules of an agency constitutes an offense, as described in ORS 161.505 (“Offense” described) , the agency may by rule specify that violation of a specific rule of the agency is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the agency may specify that violation of the specific rule is a Class A, B, C or D violation under the provisions of ORS 153.012 (Violation categories) as long as the class specified in the rule is lower than the statutory classification for the offense. [1999 c.1051 §76]

Source: Section 153.022 — Authority of agency to specify rule violation as particular level of violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 138.504 — OR Code / Title 14 / Chapter 138 / Section 138.504
138.504 Waiver of counsel
Status: in_force

(1) If the defendant wishes to waive counsel in the appeal of a criminal action to the Court of Appeals or on review of a criminal action by the Supreme Court, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.

(2) If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and, if the defendant is financially eligible for appointed counsel at state expense, may appoint an attorney as the defendant’s legal advisor.

(3) If the court declines to accept a defendant’s waiver of counsel under subsection (1) of this section, the court shall give the defendant a reasonable opportunity, as prescribed by order or rule of the court, to file a brief on the defendant’s own behalf. [2001 c.472 §2; 2001 c.962 §29a]

Note: 138.504 (Waiver of counsel) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

POST-CONVICTION RELIEF

Source: Section 138.504 — Waiver of counsel; appointment of legal advisor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 135.260 — OR Code / Title 14 / Chapter 135 / Section 135.260
135.260 Conditional release
Status: in_force

(1) Conditional release may include one or more of the following conditions:

(a) Release of the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The supervisor, however, shall notify the court immediately in the event that the defendant breaches the conditional release.

(b) Reasonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant’s own residence or to the premises thereof.

(c) Release of the defendant from custody during working hours.

(d) Any other reasonable restriction designed to assure the defendant’s appearance.

(2) Except as otherwise provided in ORS 135.250 (General conditions of release agreement) (2)(b), conditional release shall include a prohibition against contacting the victim if the defendant is charged with an offense that also constitutes domestic violence. [1973 c.836 §152; 1985 c.818 §1; 1993 c.731 §7]

Source: Section 135.260 — Conditional release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.281 — OR Code / Title 14 / Chapter 137 / Section 137.281
137.281 Withdrawal of rights during term of incarceration
Status: in_force

(1) In any felony case, when the defendant is sentenced to a term of incarceration, the defendant is deprived of all rights and privileges described in subsection (3) of this section from the date of sentencing until:

(a) The defendant is released from incarceration; or

(b) The defendant’s conviction is set aside.

(2) Subsection (1) of this section applies to any term of incarceration, whether the term of incarceration was imposed as a result of conviction or as a sanction or revocation resulting from the defendant’s violation of the terms and conditions of probation, parole or post-prison supervision.

(3) The rights and privileges of which a person may be deprived under this section are:

(a) Holding a public office or an office of a political party or becoming or remaining a candidate for either office;

(b) Holding a position of private trust;

(c) Acting as a juror; or

(d) Exercising the right to vote.

(4) If the court under subsection (1) of this section temporarily stays execution of sentence for any purpose other than probation, the defendant nonetheless is sentenced for purposes of subsection (1) of this section.

(5) A person convicted of any crime and serving a term of imprisonment in any federal correctional institution in this state is deprived of the rights to register to vote, update a registration or vote in any election in this state from the date of sentencing until:

(a) The person is discharged or paroled from imprisonment; or

(b) The person’s conviction is set aside.

(6) The county clerk or county official in charge of elections in any county may cancel the registration of any person serving a term of imprisonment in any federal correctional institution in this state.

(7) Except as otherwise provided in ORS 10.030 (Eligibility for jury service) , the rights and privileges withdrawn by this section are restored automatically upon release from incarceration, but in the case of parole shall be automatically withdrawn upon a subsequent imprisonment for violation of the terms of the parole. [1983 c.515 §2 (enacted in lieu of 137.280); 1987 c.320 §32; 1993 c.14 §4; 1997 c.313 §10; 1999 c.499 §1; 2008 c.35 §6]

Source: Section 137.281 — Withdrawal of rights during term of incarceration; restoration of rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.105 — OR Code / Title 14 / Chapter 147 / Section 147.105
147.105 Application for compensation
Status: in_force

(1) An applicant for compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) must file an application under oath on a form furnished by the Department of Justice. The application shall include:

(a) The name and address of the victim;

(b) If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victim’s dependents and the extent to which each is so dependent;

(c) The date and nature of the crime or attempted crime on which the application for compensation is based;

(d) The date and place where, and the law enforcement officials or other persons described in ORS 147.015 (Eligibility for compensation generally) (2)(b) to whom, notification of the crime was given;

(e) The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted;

(f) The loss to the applicant and to such other persons as are specified under paragraph (b) of this subsection, resulting from the injury or death;

(g) The amount of benefits, payments or awards, if any, payable from any source, which the applicant or other person, listed under paragraph (b) of this subsection, has received or for which the applicant or other person is eligible as a result of the injury or death;

(h) Releases authorizing the surrender to the department of reports, documents and other information relating to the matters specified under this subsection; and

(i) Such other information as the department determines is necessary.

(2) The department may require that the applicants submit with the application materials substantiating the facts stated in the application.

(3) If the department finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items of information or materials required.

(4) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department has completed its consideration of the original application.

(5) The filing of additional information or the amendment of the application pursuant to subsection (3) or (4) of this section shall be considered for the purposes of ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) to have been filed at the same time as the original application.

(6) If at the time of application, the applicant is incarcerated as a result of a conviction of a crime, the department shall process the application in the normal course. The claim shall remain open but the applicant is not eligible for compensation until the applicant is released from custody. [1977 c.376 §8; 1991 c.603 §1; 1991 c.862 §5; 1993 c.18 §24; 2012 c.81 §9; 2023 c.318 §5]

Source: Section 147.105 — Application for compensation; contents; additional information or materials; amended applications; effect of incarceration of applicant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.281 — OR Code / Title 14 / Chapter 147 / Section 147.281
147.281 Definitions
Status: in_force

As used in ORS 147.281 (Definitions) to 147.298 (Where action may be initiated) :

(1) “Action” means an action, suit or proceeding.

(2) “Assistance” means compensation paid by the Department of Justice under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) to or on behalf of an applicant or recipient.

(3) “Claim” means a claim of an applicant or recipient for damages for injuries against an assailant or any other person or entity alleged to be liable for the injury constituting the basis for the claim.

(4) “Compromise” means a compromise between an applicant or recipient and an assailant or any other person or entity against whom the applicant or recipient has a claim.

(5) “Judgment” means a judgment in an action brought by an applicant or recipient to enforce the claim of the applicant or recipient.

(6) “Recipient” means a person who has received assistance.

(7) “Settlement” means a settlement between an applicant or recipient and an assailant or any other person or entity against whom the applicant or recipient has a claim. [2005 c.383 §2]

Source: Section 147.281 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 136.627 — OR Code / Title 14 / Chapter 136 / Section 136.627
136.627 Where witness material to proceeding in this state is in another state
Status: in_force

(1) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the county stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

(2) If the witness is summoned to attend and testify in this state the witness shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state. [Formerly 139.230]

Source: Section 136.627 — Where witness material to proceeding in this state is in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.688 — OR Code / Title 14 / Chapter 138 / Section 138.688
138.688 Definitions
Status: in_force

As used in ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) :

(1) “CODIS” means the Combined DNA Index System.

(2) “DNA” means deoxyribonucleic acid.

(3) “Exculpatory results” and “exculpatory evidence” are limited to those DNA test results or evidence that are material to a determination of the identity of the individual who committed the crime, or whether the crime was committed.

(4) “Federal standards” means the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories, as modified or amended by the Federal Bureau of Investigation, or any successor standards adopted by the Federal Bureau of Investigation.

(5) “National DNA Index System” or “NDIS” means a national, searchable DNA database created and maintained by the Federal Bureau of Investigation where DNA profiles are stored.

(6) “NDIS manual” means the Federal Bureau of Investigation’s NDIS Operational Procedures Manual, as modified or amended by the Federal Bureau of Investigation, or any successor operational procedures manual.

(7) “NDIS-participating laboratory” means a forensic laboratory that has been designated to operate CODIS and participate in the National DNA Index System.

(8) “Nonparticipating laboratory” means a laboratory that does not participate in the National DNA Index System but that is accredited by a nonprofit organization and meets federal standards.

(9) “State DNA index system” means a statewide, searchable DNA database created and maintained by the Department of State Police where DNA profiles are stored. [2019 c.368 §2]

Note: 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 138.688 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.567 — OR Code / Title 14 / Chapter 136 / Section 136.567
136.567 Issuance of subpoena for witnesses for defendant
Status: in_force

(1) A defendant in a criminal action is entitled, at the expense of the state or city, to have subpoenas issued for not to exceed 10 witnesses within the state. A defendant is entitled, at the expense of the defendant, to have subpoenas issued for any number of additional witnesses without an order of the court. The defendant is responsible for the costs of serving the subpoenas and for the costs, as provided in ORS 136.602 (Witness fees payable by county) , of witness per diem and mileage and for expenses allowed under ORS 136.603 (Payment of witness who is from outside state or is indigent) .

(2) Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued:

(a) Upon application of the defendant, by the clerk of the court in which the criminal action is pending for trial, and in blank, under the seal of the court and subscribed by the clerk; or

(b) By an attorney of record of the defendant, and subscribed by the attorney.

(3) A prosecution for violation of ORS 813.010 (Driving under the influence of intoxicants) may not be dismissed based solely on the unavailability of a witness who was subpoenaed by the defendant to provide testimony with respect to an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood. This subsection does not apply to the subpoena of an officer or employee of a public body, as defined in ORS 174.109 (“Public body” defined) . [Formerly 139.050; 1977 c.746 §4; 1981 c.174 §1; 1987 c.606 §2; 1989 c.171 §17; 2007 c.581 §3]

Source: Section 136.567 — Issuance of subpoena for witnesses for defendant; bar to dismissal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.793 — OR Code / Title 14 / Chapter 135 / Section 135.793
135.793 Procedure where untried instrument pending against prisoner in another state
Status: in_force

Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires to have the prisoner returned for trial, shall give written notice and a summary of the evidence against the prisoner to the Governor in the manner provided in ORS 135.791 (Request for final disposition of detainer from prisoner in another state) . The Governor shall, within 10 days after receiving the notice and summary, send written direction to such officer either approving or disapproving the return of the prisoner. The direction by the Governor shall be final, and may be signed as provided in ORS 135.791 (Request for final disposition of detainer from prisoner in another state) . The officer desiring return of a prisoner shall not seek the court approval provided for in paragraph (a) of Article IV of the Agreement on Detainers prior to receiving approval by the Governor. [1973 c.632 §3]

Source: Section 135.793 — Procedure where untried instrument pending against prisoner in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.530 — OR Code / Title 14 / Chapter 137 / Section 137.530
137.530 Investigation and report of parole and probation officers
Status: in_force

(1) Parole and probation officers, when directed by the court, shall fully investigate and report to the court in writing on the circumstances of the offense, criminal record, social history and present condition and environment of any defendant. Unless the court directs otherwise in individual cases, a defendant may not be sentenced to probation until the report of the investigation has been presented to and considered by the court.

(2) Whenever a presentence report is made, the preparer of the report shall make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant’s offense upon the victim. If the victim is under 18 years of age, the preparer shall obtain the consent of the victim’s parent or guardian before contacting the victim. The preparer of the report shall include the statement of the victim in the presentence investigation report. If the preparer is unable to contact the victim or if the victim declines to make a statement, the preparer shall report that the preparer was unable to contact the victim after making reasonable efforts to do so, or, if contact was made with the victim, that the victim declined to make a statement for purposes of this section. Before taking a statement from the victim, the preparer of the report shall inform the victim that the statement will be made available to the defendant and the defendant’s attorney prior to sentencing as required under ORS 137.079 (Presentence report) .

(3) Whenever desirable, and facilities exist for conducting physical and mental examinations, the investigation shall include physical and mental examinations of such defendants.

(4) As used in this section, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member of the immediate family of the decedent. [Amended by 1983 c.723 §1; 1993 c.14 §10; 1993 c.294 §4; 2005 c.264 §2]

Source: Section 137.530 — Investigation and report of parole and probation officers; statement of victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.255 — OR Code / Title 14 / Chapter 138 / Section 138.255
138.255 Court of Appeals certification of appeal to Supreme Court in lieu of disposition
Status: in_force

(1) An appeal to the Court of Appeals may be certified to the Supreme Court, and the Supreme Court may accept or deny acceptance of the certified appeal, as provided in ORS 19.405 (Certification of appeal to Supreme Court) .

(2) At any time before the State Court Administrator sends notice to the parties of the date of oral argument or, if the case is not orally argued, the date that the State Court Administrator delivers the briefs to the Court of Appeals for decision, a party may request the Supreme Court to take and decide an appeal taken by the state under ORS 138.045 (Appeal by state) (1). In determining whether to accept an appeal under this subsection, the Supreme Court shall consider, in addition to other factors that the Supreme Court deems appropriate:

(a) Whether the defendant is charged with a Class A felony listed under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) ;

(b) The extent to which the case presents speedy trial concerns; and

(c) The extent to which the case presents a significant issue of law. [1981 c.550 §4; 2001 c.870 §4c]

Source: Section 138.255 — Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 131.105 — OR Code / Title 14 / Chapter 131 / Section 131.105
131.105 Timeliness of criminal actions
Status: in_force

A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 (Time limitations) to 131.155 (Tolling of statute) . [1973 c.836 §5]

Source: Section 131.105 — Timeliness of criminal actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 132.110 — OR Code / Title 14 / Chapter 132 / Section 132.110
132.110 When juror discharged
Status: in_force

After the formation of the grand jury and before it is discharged, the court may:

(1) Discharge a grand juror who:

(a) Becomes sick, is out of the county or fails to appear when the grand jury is summoned to reconvene;

(b) Is related, by affinity or consanguinity within the third degree, to the accused who is under investigation by the grand jury, or held for the commission of a crime; or

(c) Is unable to continue in the discharge of duties.

(2) Order that another person be drawn at random and sworn from the jurors then in attendance upon the court, or if no other jurors are there in attendance, from the master jury list of the county, to take the place of a discharged juror.

(3) Allow at least five grand jurors to proceed upon good cause shown. [Amended by 1973 c.836 §41; 1985 c.703 §25]

Source: Section 132.110 — When juror discharged; replacement; proceeding with lesser number , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 131a.370 — OR Code / Title 14 / Chapter 131a / Section 131a.370
131A.370 Special Crime and Forfeiture Account
Status: in_force

The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds deposited in the account under ORS 131A.365 (Distribution of forfeiture proceeds by state) . All moneys in the account are continuously appropriated to the Department of Justice and may be used only for the purposes specified in ORS 131A.365 (Distribution of forfeiture proceeds by state) (6). [2009 c.78 §45]

Source: Section 131A.370 — Special Crime and Forfeiture Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 147.433 — OR Code / Title 14 / Chapter 147 / Section 147.433
147.433 Rights afforded upon request
Status: in_force

(1) To accord crime victims due dignity and respect, a victim in a criminal proceeding described in subsection (2) of this section has, upon request to the district attorney before a judgment of conviction is entered, the following rights:

(a) The right to be notified by the district attorney of the victims’ rights described in this section and ORS 138.627 (Victim’s rights) and 144.750 (Victim’s rights) ;

(b) The right to reasonable, accurate and timely notice from the Attorney General when an appeal is taken in the criminal proceeding;

(c) The right to reasonable, accurate and timely notice from the counsel for the state when a conviction in the criminal proceeding is the subject of a petition for post-conviction relief filed under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) or post-conviction DNA (deoxyribonucleic acid) testing under ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) ;

(d) The right to attend any public hearing related to the criminal proceeding that is conducted by an appellate court; and

(e) The right to be reasonably protected from the offender, if the offender is present, at any related appellate or post-conviction relief proceeding.

(2) The provisions of this section apply only to criminal proceedings involving a defendant charged with or convicted of:

(a) A person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission;

(b) A person Class A misdemeanor, as that term is defined in the rules of the Oregon Criminal Justice Commission;

(c) Burglary in the first degree under ORS 164.225 (Burglary in the first degree) ;

(d) A sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) ; or

(e) An attempt, conspiracy or solicitation to commit a crime described in paragraph (a) or (b) of this subsection.

(3) As used in this section, “victim” has the meaning given that term in ORS 131.007 (“Victim” defined) . [2010 c.89 §1; 2019 c.368 §11]

Note: 147.433 (Rights afforded upon request) 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 147.433 — Rights afforded upon request; notice; attendance; protection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.550 — OR Code / Title 14 / Chapter 131 / Section 131.550
131.550 Definitions for ORS 131.550 to 131.600
Status: in_force

As used in ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) :

(1) “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, “reasonable action under the circumstances” includes, but is not limited to:

(a) Reporting the prohibited conduct to a law enforcement agency;

(b) Commencing action that will assert the rights of the affiant as to the property interest;

(c) Terminating a rental agreement; or

(d) Seeking an abatement order under the provisions of ORS 105.505 (Remedies available for private nuisance) to 105.520 (Justification of sureties) or 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) or under any ordinance or regulation allowing abatement of nuisances.

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

(a) Any person who has, prior to the time the property is seized for criminal forfeiture, filed notice of interest with any public office as may be required or permitted by law to be filed with respect to the property that has been seized for criminal forfeiture;

(b) Any person from whose custody the property was seized; or

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

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

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

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

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

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

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

(A) The Secretary of Housing and Urban Development;

(B) The Federal Housing Administration;

(C) The United States Department of Veterans Affairs;

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

(E) The Federal National Mortgage Association;

(F) The Government National Mortgage Association;

(G) The Federal Home Loan Mortgage Corporation;

(H) The Federal Agricultural Mortgage Corporation; and

(I) The Small Business Administration;

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

(A) The Housing and Community Services Department;

(B) The Department of Veterans’ Affairs; and

(C) The Public Employees Retirement System;

(f) An agency, department or instrumentality of any municipality in this state, including but not limited to such agencies as the Portland Development Commission;

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

(h) A private mortgage insurance company;

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

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

(5) “Forfeiture counsel” means an attorney designated to represent a seizing agency in criminal forfeiture actions or proceedings.

(6) “Instrumentality” means property that is used or intended for use in prohibited conduct or that facilitates prohibited conduct.

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

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

(9) “Official law enforcement use” means a use that may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.

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

(11) “Proceeds of prohibited conduct” means property derived directly or indirectly from, maintained by or realized through an act or omission that constitutes prohibited conduct, and includes any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.

(12) “Prohibited conduct” means:

(a) For purposes of proceeds, a felony or a Class A misdemeanor.

(b) For purposes of instrumentalities, any crime listed in ORS 131.602 (Prohibited conduct for purposes of instrumentalities of crime) .

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

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

(15) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, to destroy, defeat or injure a person. [2005 c.830 §1; 2007 c.71 §30; 2009 c.874 §5]

Source: Section 131.550 — Definitions for ORS 131.550 to 131.600 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 133.853 — OR Code / Title 14 / Chapter 133 / Section 133.853
133.853 Construction of Act
Status: in_force

ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.833 (Application for requisition) and 133.839 (Immunity from civil process in certain civil cases) to 133.855 (Short title) shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact the Uniform Criminal Extradition Act. [Formerly 147.270]

Source: Section 133.853 — Construction of Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.847 — OR Code / Title 14 / Chapter 133 / Section 133.847
133.847 Trial of extradited person for other crimes
Status: in_force

After a person has been brought back to this state upon extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specified in the requisition for extradition. [Formerly 147.260]

Source: Section 133.847 — Trial of extradited person for other crimes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.737 — OR Code / Title 14 / Chapter 133 / Section 133.737
133.737 Disclosure and use of intercepted communications
Status: in_force

(1) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) , has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724 (Order for interception of communications) , or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure or to the extent that such disclosure is otherwise authorized by law.

(2) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) , has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724 (Order for interception of communications) , or evidence derived therefrom, may use such contents to the extent such use is appropriate to the proper performance of official duties.

(3) Any person who has received by any means authorized by ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) , any information concerning a wire, electronic or oral communication under ORS 133.724 (Order for interception of communications) , or evidence derived therefrom, intercepted in accordance with the provisions of ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) , may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state or political subdivision thereof.

(4) No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) , shall lose its privileged character.

(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in any manner authorized by ORS 133.724 (Order for interception of communications) , intercepts wire, electronic or oral communications relating to crimes other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of the circuit court if the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of ORS 133.724 (Order for interception of communications) . Such application shall be made as soon as practicable. [1979 c.716 §6; 1989 c.983 §12; 2003 c.14 §56]

Source: Section 133.737 — Disclosure and use of intercepted communications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131a.315 — OR Code / Title 14 / Chapter 131a / Section 131a.315
131A.315 Default judgment
Status: in_force

(1) The court shall enter a judgment finding that a person who claims an interest in property that is the subject of a forfeiture action is in default, and provide for the forfeiture of the claimant’s interest without hearing, if:

(a) The person does not make a claim for the property under ORS 131A.165 (Claims) or file a responsive pleading under ORS 131A.235 (Responsive pleading) ; or

(b) The person files a responsive pleading under ORS 131A.235 (Responsive pleading) but is thereafter found to be in default in the forfeiture action.

(2) A default judgment may be entered under this section only if the forfeiting agency files an affidavit with the court showing that there was probable cause for seizure of the property. [2009 c.78 §40]

Source: Section 131A.315 — Default judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.275 — OR Code / Title 14 / Chapter 137 / Section 137.275
137.275 Effect of felony conviction on civil and political rights of felon
Status: in_force

Except as otherwise provided by law, a person convicted of a felony does not suffer civil death or disability, or sustain loss of civil rights or forfeiture of estate or property, but retains all of the rights of the person, political, civil and otherwise, including, but not limited to, the right to vote, to hold, receive and transfer property, to enter into contracts, including contracts of marriage, and to maintain and defend civil actions, suits or proceedings. [1975 c.781 §1]

Source: Section 137.275 — Effect of felony conviction on civil and political rights of felon , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.835 — OR Code / Title 14 / Chapter 135 / Section 135.835
135.835 Disclosure to the state
Status: in_force

Except as otherwise provided in ORS 135.855 (Material and information not subject to discovery) and 135.873 (Protective orders) , the defense shall disclose to the district attorney the following material and information within the possession or control of the defense:

(1) The names and addresses of persons, including the defendant, whom the defense intends to call as witnesses at the trial, together with relevant written or recorded statements or memoranda of any oral statements of such persons other than the defendant.

(2) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons, that the defense intends to offer in evidence at the trial.

(3) Any books, papers, documents, photographs or tangible objects that the defense intends to offer in evidence at the trial. [1973 c.836 §216; 1999 c.304 §3]

Source: Section 135.835 — Disclosure to the state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.215 — OR Code / Title 14 / Chapter 131 / Section 131.215
131.215 Jurisdiction
Status: in_force

Except as otherwise provided in ORS 131.205 (Definition for ORS 131.205 to 131.235) to 131.235 (Criminal homicide) , a person is subject to prosecution under the laws of this state for an offense that the person commits by the conduct of the person or the conduct of another for which the person is criminally liable if:

(1) Either the conduct that is an element of the offense or the result that is an element occurs within this state; or

(2) Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or

(3) Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or

(4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or

(5) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or

(6) The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 §10]

Source: Section 131.215 — Jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 133.565 — OR Code / Title 14 / Chapter 133 / Section 133.565
133.565 Contents of search warrant
Status: in_force

(1) A search warrant shall be dated and shall be addressed to and authorize its execution by an officer authorized by law to execute search warrants.

(2) The warrant shall state, or describe with particularity:

(a) The identity of the judge issuing the warrant and the date the warrant was issued;

(b) The name of the person to be searched, or the location and designation of the premises or places to be searched;

(c) The things constituting the object of the search and authorized to be seized; and

(d) The period of time, not to exceed five days, after execution of the warrant except as provided in subsection (3) of this section, within which the warrant is to be returned to the issuing authority.

(3) Except as otherwise provided herein, the search warrant shall be executed between the hours of 7 a.m. and 10 p.m. and within five days from the date of issuance. The judge issuing the warrant may, however, by indorsement upon the face of the warrant, authorize its execution at any time of the day or night and may further authorize its execution after five days, but not more than 10 days from date of issuance. [1973 c.836 §85]

Source: Section 133.565 — Contents of search warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 147.287 — OR Code / Title 14 / Chapter 147 / Section 147.287
147.287 Perfection of lien
Status: in_force

(1) In order to perfect a lien under ORS 147.285 (Creation of lien) , the Department of Justice shall do all of the following:

(a) Upon receiving notice under ORS 147.283 (Notice to Department of Justice of claim or action to enforce claim for injuries) , record a notice of lien in the County Clerk Lien Record of the county in which the person against whom the claim is made or action is brought resides. If the claim or action is against a corporation, the department shall record the notice of lien in the County Clerk Lien Record of the county in which the corporation has its principal place of business. If the claim or action is against a public body, as defined in ORS 174.109 (“Public body” defined) , the department shall record the notice of lien in the County Clerk Lien Record of the county in which the public body has its main office.

(b) Prior to the date of the satisfaction of the judgment or final payment under a settlement or compromise, deliver a copy of the notice of lien by certified mail or personal service to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the notice by first class mail to any party, attorney or insurer that does not accept the certified mail containing the notice.

(2) Upon the recording of a notice of lien under subsection (1)(a) of this section, the recording officer shall enter the name of the injured person, the approximate date of the injury and the name of the department as a lienor in the lien docket under ORS 87.575 (Lien docket) and shall make an index to the lien docket in the names of the injured person and the department. [2005 c.383 §5; 2014 c.45 §27]

Source: Section 147.287 — Perfection of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.898 — OR Code / Title 14 / Chapter 135 / Section 135.898
135.898 Diversion agreement involving servicemember charged with domestic violence
Status: in_force

When a diversion agreement authorized under ORS 135.886 (Requirements for diversion) (3) involves domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , in addition to a waiver of the right to a speedy trial, the agreement must require the servicemember to enter a plea of guilty or no contest to each domestic violence offense charged in the accusatory instrument. If the servicemember, with the advice of counsel, agrees to the terms of the agreement and enters a plea of guilty or no contest to each domestic violence offense charged in the accusatory instrument, the court shall stay further criminal proceedings involving the domestic violence offenses for a definite period not to exceed two years. [2010 c.25 §5]

Source: Section 135.898 — Diversion agreement involving servicemember charged with domestic violence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.455 — OR Code / Title 14 / Chapter 135 / Section 135.455
135.455 Notice prior to trial of intention to rely on alibi evidence
Status: in_force

(1) If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the purpose to offer such evidence, which notice shall state specifically the place or places where the defendant claims to have been at the time or times of the alleged offense together with the name and residence or business address of each witness upon whom the defendant intends to rely for alibi evidence. If the defendant fails to file and serve such notice, the defendant shall not be permitted to introduce alibi evidence at the trial of the cause unless the court for good cause orders otherwise.

(2) As used in this section “alibi evidence” means evidence that the defendant in a criminal action was, at the time of commission of the alleged offense, at a place other than the place where such offense was committed. [Formerly 135.875]

Source: Section 135.455 — Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 147.289 — OR Code / Title 14 / Chapter 147 / Section 147.289
147.289 Notice of lien
Status: in_force

The form of the notice of lien required by ORS 147.287 (Perfection of lien) shall be substantially as follows:

Notice is given by this form that the Department of Justice has provided assistance to ____________, a person who was injured on or about the ___ day of ______ in the city of ______ and State of ______, and the Department of Justice asserts a lien to the extent provided in ORS 147.285 (Creation of lien) for the amount of the assistance upon any amount due and owing ________ (name of injured person) under a judgment, settlement or compromise from ______ alleged to have caused such injuries and from any other person or entity liable for the injury or obligated to compensate the injured person on account of such injuries.

Department of Justice

by ____________,

Attorney General or designee.

State of Oregon, )

) ss.

County of ______ )

I, ____________, being first duly sworn on oath say: That I am the Attorney General or designee; that I have read the foregoing notice of lien and know the contents of the notice of lien and believe the contents to be true.

____________

Subscribed and sworn to before me this ___ day of ______, ______.

____________, Notary Public.

[2005 c.383 §6]

Source: Section 147.289 — Notice of lien; form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.595 — OR Code / Title 14 / Chapter 137 / Section 137.595
137.595 Establishing system of sanctions
Status: in_force

(1) The Department of Corrections shall adopt rules to carry out the purposes of chapter 680, Oregon Laws 1993, by establishing a system of structured, intermediate probation violation sanctions that may be imposed by the Department of Corrections or a county community corrections agency, taking into consideration the severity of the violation behavior, the prior violation history, the severity of the underlying criminal conviction, the criminal history of the offender, protection of the community, deterrence, the effective capacity of the state prisons and the availability of appropriate local sanctions including, but not limited to, jail, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day reporting centers or other local sanctions.

(2) Rules adopted by the Department of Corrections under this section shall establish:

(a) A system of structured, intermediate probation violation sanctions that may be imposed by the Department of Corrections or a county community corrections agency on a probationer who waives in writing a probation violation hearing, admits or affirmatively chooses not to contest the violations alleged in a probation violation report and consents to the sanctions;

(b) Procedures to provide a probationer with written notice of the probationer’s right to a hearing before the court to determine whether the probationer violated the conditions of probation alleged in a probation violation report, and if so, whether to continue the probationer on probation subject to the same or modified conditions, or order sanctions for any violations and the right to be represented by counsel at the hearing if the probationer is financially eligible;

(c) Procedures for a probationer to waive in writing a probation violation hearing, admit or not contest the violations alleged in the probation violation report and consent to the imposition of structured, intermediate sanctions by the Department of Corrections or a county community corrections agency;

(d) The level and type of sanctions that may be imposed by parole and probation officers and by supervisory personnel;

(e) The level and type of violation behavior warranting a recommendation to the court that probation be revoked;

(f) Procedures for notifying district attorneys and the courts of probation violations admitted by probationers and the sanctions imposed by the Department of Corrections or county community corrections agencies; and

(g) Such other policies or procedures as are necessary to carry out the purposes of chapter 680, Oregon Laws 1993.

(3) Jail confinement imposed as a custodial sanction by the Department of Corrections or a county community corrections agency pursuant to rules adopted under this section may not exceed 60 days per violation report. The total number of days of jail confinement for all violation reports per conviction may not exceed the maximum number of available jail custody units under rules adopted by the Oregon Criminal Justice Commission.

(4) Nonjail confinement imposed as a custodial sanction by the Department of Corrections or a county community corrections agency pursuant to rules adopted under this section may not exceed the maximum number of available nonjail custody units under rules adopted by the Oregon Criminal Justice Commission. [1993 c.680 §11; 1999 c.121 §1; 2001 c.962 §93; 2005 c.264 §10]

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

Note: Legislative Counsel has substituted “chapter 680, Oregon Laws 1993,” for the words “this Act” in section 11, chapter 680, Oregon Laws 1993, compiled as 137.595 (Establishing system of sanctions) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 22 of ORS.

Source: Section 137.595 — Establishing system of sanctions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.215 — OR Code / Title 14 / Chapter 135 / Section 135.215
135.215 Direction to sheriff
Status: in_force

The commitment shall be directed to the sheriff of the county in which the magistrate is sitting. Such sheriff shall receive and detain the defendant, as thereby commanded, in a jail located in the county of the sheriff or, if there is no sufficient jail in the county, by such means as may be necessary and proper therefor or by confining the defendant in the jail of an adjoining county within or without the state. [Formerly 133.850; 1987 c.550 §2]

Source: Section 135.215 — Direction to sheriff; detention of defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.465 — OR Code / Title 14 / Chapter 136 / Section 136.465
136.465 Verdict where crime or attempt included within charge
Status: in_force

In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which the defendant is charged in the accusatory instrument or of an attempt to commit such crime. [Formerly 136.660]

Source: Section 136.465 — Verdict where crime or attempt included within charge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 142.040 — OR Code / Title 14 / Chapter 142 / Section 142.040
142.040 Disposal of unclaimed money or property
Status: in_force

If stolen property is not claimed by the owner within 60 days from the conviction of the person charged with the theft, the officer having it in custody shall, if it is money, pay it into the county treasury. If it is other property, the officer may dispose of the property in accordance with ORS 98.245 (Disposition of unclaimed property) or sell it as upon an execution and, after paying the expenses of the sale and preservation of the property, which shall be ascertained and certified by the clerk of the court, pay the proceeds into the county treasury. [Amended by 1971 c.743 §336; 1997 c.480 §4]

Source: Section 142.040 — Disposal of unclaimed money or property; sale of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors142.­html (accessed May 26, 2025).
ORS § 133.015 — OR Code / Title 14 / Chapter 133 / Section 133.015
133.015 Contents of information or complaint
Status: in_force

An information or complaint shall contain substantially the following:

(1) The name of the court in which it is filed;

(2) The title of the action;

(3) A statement that accuses the defendant or defendants of the designated offense or offenses;

(4) A separate accusation or count addressed to each offense charged, if there be more than one;

(5) A statement in each count that the offense charged therein was committed in a designated county;

(6) A statement in each count that the offense charged therein was committed on, or on or about, a designated date, or during a designated period of time;

(7) A statement of the acts constituting the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended; and

(8) The verification by the complainant and the date of the signing of the information or complaint. An information or complaint charging a defendant with an offense, other than an offense punishable as a felony, shall be deemed verified by the complainant if it contains a form of certificate in which the complainant certifies, under the penalties described in ORS 133.992 (Penalties) , that the complainant has sufficient grounds to believe, and does believe, that the defendant named in the information or complaint committed the offense specified in the information or complaint. [1973 c.836 §64; 2015 c.250 §1]

Source: Section 133.015 — Contents of information or complaint , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.090 — OR Code / Title 14 / Chapter 138 / Section 138.090
138.090 Signature to notice of appeal
Status: in_force

When the state takes an appeal, the notice of appeal shall be signed by the district attorney for the county or by the Attorney General. When the defendant takes an appeal, the notice of appeal shall be signed by the defendant or an attorney of the court for the defendant. [Amended by 1975 c.119 §1]

Source: Section 138.090 — Signature to notice of appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 135.715 — OR Code / Title 14 / Chapter 135 / Section 135.715
135.715 Effect of nonprejudicial defects in form of accusatory instrument
Status: in_force

No accusatory instrument is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in a matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. [Formerly 132.590]

Source: Section 135.715 — Effect of nonprejudicial defects in form of accusatory instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.703 — OR Code / Title 14 / Chapter 135 / Section 135.703
135.703 Crimes subject to being compromised
Status: in_force

(1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705 (Satisfaction of injured person) , except when it was committed:

(a) By or upon a peace officer while in the execution of the duties of office;

(b) Riotously;

(c) With an intent to commit a crime punishable only as a felony; or

(d) By one family or household member upon another family or household member, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735) , or by a person upon an elderly person or a person with a disability as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) and the crime was:

(A) Assault in the fourth degree under ORS 163.160 (Assault in the fourth degree) ;

(B) Assault in the third degree under ORS 163.165 (Assault in the third degree) ;

(C) Menacing under ORS 163.190 (Menacing) ;

(D) Recklessly endangering another person under ORS 163.195 (Recklessly endangering another person) ;

(E) Harassment under ORS 166.065 (Harassment) ; or

(F) Strangulation under ORS 163.187 (Strangulation) .

(2) Notwithstanding subsection (1) of this section, when a defendant is charged with violating ORS 811.700 (Failure to perform duties of driver when property is damaged) , the crime may be compromised as provided in ORS 135.705 (Satisfaction of injured person) . [Formerly 134.010; 1991 c.938 §1; 1995 c.657 §21; 1995 c.666 §26; 1999 c.738 §9; 2003 c.264 §9; 2003 c.577 §5; 2007 c.70 §35]

Source: Section 135.703 — Crimes subject to being compromised; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.635 — OR Code / Title 14 / Chapter 144 / Section 144.635
144.635 Intensive supervision
Status: in_force

(1) As used in this section and ORS 144.637 (Rules) :

(a) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that:

(A) Is not related to the crime for which the person is currently on parole or post-prison supervision; and

(B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age.

(b) “Sexually violent dangerous offender” means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the State Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subsection (3) of this section.

(2) When a person is released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subsection (3) of this section, the board or local supervisory authority shall subject the person to intensive supervision for the full period of the person’s parole or post-prison supervision if:

(a) The person was 18 years of age or older at the time the person committed the offense; and

(b) The board or local supervisory authority finds that the person is a sexually violent dangerous offender.

(3) The crimes to which subsection (2) of this section applies are:

(a) Rape in the first degree and sodomy in the first degree if the victim was:

(A) Subjected to forcible compulsion by the person;

(B) Under 12 years of age; or

(C) Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct;

(b) Unlawful sexual penetration in the first degree; and

(c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.924 §1; 2021 c.82 §9]

Note: 144.635 (Intensive supervision) to 144.639 (Projecting number of persons to be classified as sexually violent dangerous offenders) 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 144.635 — Intensive supervision; duration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.121 — OR Code / Title 14 / Chapter 137 / Section 137.121
137.121 Maximum consecutive sentences
Status: in_force

Notwithstanding any other provision of law, but subject to ORS 161.605 (Maximum terms of imprisonment for felonies) , the maximum consecutive sentences which may be imposed for felonies committed on or after November 1, 1989, whether as terms of imprisonment, probation or both, shall be as provided by rules of the Oregon Criminal Justice Commission. [1989 c.790 §14]

Note: 137.121 (Maximum consecutive sentences) 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 137.121 — Maximum consecutive sentences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.719 — OR Code / Title 14 / Chapter 137 / Section 137.719
137.719 Presumptive life sentence for certain sex offenders upon third conviction
Status: in_force

(1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence.

(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) For purposes of this section:

(a) Sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence; and

(b) A prior sentence includes:

(A) Sentences imposed before, on or after July 31, 2001; and

(B) Sentences imposed by any other state or federal court for comparable offenses.

(4) As used in this section, “sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) . [2001 c.884 §4]

Note: 137.719 (Presumptive life sentence for certain sex offenders upon third 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.

Source: Section 137.719 — Presumptive life sentence for certain sex offenders upon third conviction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.409 — OR Code / Title 14 / Chapter 144 / Section 144.409
144.409 Granting petition for return of things seized
Status: in_force

(1) In granting a petition for return or restoration of things seized, the Department of Corrections shall postpone execution of the order until such time as the things in question are no longer needed for evidentiary purposes in establishing either a criminal or supervision violation.

(2) Judicial review of a department order for return or restoration of things seized shall be available as for review of orders in other than contested cases as provided in ORS chapter 183. [1991 c.286 §6; 2021 c.206 §6]

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

Source: Section 144.409 — Granting petition for return of things seized; judicial review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 153.806 — OR Code / Title 14 / Chapter 153 / Section 153.806
153.806 Central Violations Bureau
Status: in_force

(1) The State Court Administrator may establish a Central Violations Bureau for the processing of violations in circuit courts.

(2) Intentionally left blank —Ed.

(a) The administrator may designate employees of the administrator to act as violations clerks for the Central Violations Bureau.

(b) A violations clerk shall serve under the direction and control of the administrator.

(c) A violations clerk of the Central Violations Bureau may exercise authority over any violation specified by the Chief Justice of the Supreme Court under subsection (4) of this section.

(3) A circuit court may use a Central Violations Bureau established under this section in addition to establishing and operating a Violations Bureau under ORS 153.800 (Violations Bureau established by court) .

(4) The uniform fine schedule for violations prosecuted in circuit courts established by the Chief Justice of the Supreme Court under ORS 153.800 (Violations Bureau established by court) must specify the violations that are subject to the authority of the Central Violations Bureau violations clerk.

(5) Intentionally left blank —Ed.

(a) Except as provided in subsection (7) of this section, a violations clerk shall accept:

(A) Written appearance or appearance by electronic or telephonic means, waiver of trial, plea of no contest and payment of fine, costs and assessments for violations that are subject to the authority of the violations clerk; or

(B) Payment of presumptive fine amounts for violations that are subject to the authority of the violations clerk.

(b) A violations clerk may accept payments made by electronic or telephonic means.

(c) All amounts must be paid to, receipted by and accounted for by the violations clerk in the same manner as other payments on money judgments are received by the court.

(6) Intentionally left blank —Ed.

(a) A person charged with a violation within the authority of the violations clerk may:

(A) Upon signing an appearance, plea of no contest and waiver of trial, or upon appearing and entering a plea and waiver by electronic or telephonic means, pay the clerk the penalty established for the violation charged, including any costs and assessments authorized by law.

(B) Pay the clerk the presumptive fine amount established for the violation. Payment of the presumptive fine amount under this paragraph constitutes consent to forfeiture of the presumptive fine amount and disposition of the violation by the clerk as provided by the rules of the court. Payment of the presumptive fine amount under this paragraph is not consent to forfeiture of the presumptive fine amount if the payment is accompanied by a plea of not guilty or a request for hearing.

(b) Notwithstanding ORS 153.021 (Minimum fines) and paragraph (a) of this subsection, the violations clerk may offer a reduction in the presumptive fine for a person making payment through the Internet.

(7) A person who has been found guilty of, or who has signed a plea of no contest to, one or more previous offenses in the preceding 12 months within the jurisdiction of the court may not appear before the violations clerk unless the Chief Justice of the Supreme Court, by general order applying to certain specified offenses, permits such appearance.

(8) The Chief Justice of the Supreme Court may adopt rules to carry out the provisions of this section. [2019 c.60 §1]

Note: 153.806 (Central Violations Bureau) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 153.806 — Central Violations Bureau; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 147.607 — OR Code / Title 14 / Chapter 147 / Section 147.607
147.607 Legislative findings
Status: in_force

The Legislative Assembly finds and declares that:

(1) Restorative justice programs can promote justice and healing for crime victims and survivors.

(2) A facilitated dialogue is most successful when it is conducted in a manner that fosters the participants’ maximum openness about a crime, or the impact of the crime, by providing the participants with the knowledge that their communications will not be disclosed or used against them in subsequent adjudicatory or judicial proceedings.

(3) It is the policy and purpose of this ORS 147.610 (Confidentiality of restorative justice communications) that restorative justice communications are confidential, except in limited exceptions as specified in statute. [2023 c.95 §2]

Note: See note under 147.605 (Definitions for ORS 147.607 and 147.610) .

Source: Section 147.607 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.473 — OR Code / Title 14 / Chapter 137 / Section 137.473
137.473 Means of inflicting death
Status: in_force

(1) The punishment of death shall be inflicted by the intravenous administration of a lethal quantity of an ultra-short-acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death. The judgment shall be executed by the superintendent of the Department of Corrections institution in which the execution takes place, or by the designee of that superintendent. All executions shall take place within the enclosure of a Department of Corrections institution designated by the Director of the Department of Corrections. The superintendent of the institution shall be present at the execution and shall invite the presence of one or more physicians, physician assistants or nurse practitioners, the Attorney General, the sheriff of the county in which the judgment was rendered and representatives from the media. At the request of the defendant, the superintendent shall allow no more than two members of the clergy designated by the defendant to be present at the execution. At the discretion of the superintendent, no more than five friends and relatives designated by the defendant may be present at the execution. The superintendent shall allow the presence of any peace officers as the superintendent thinks expedient.

(2) The person who administers the lethal injection under subsection (1) of this section shall not thereby be considered to be engaged in the practice of medicine.

(3) Intentionally left blank —Ed.

(a) Any wholesale distributor drug outlet, as defined in ORS 689.005 (Definitions) , registered with the State Board of Pharmacy under ORS 689.305 (Registration of drug outlets) may provide the lethal substance or substances described in subsection (1) of this section upon written order of the Director of the Department of Corrections, accompanied by a certified copy of the judgment of the court imposing the punishment.

(b) For purposes of ORS 689.527 (Prohibited practices) (7) the director shall be considered authorized to purchase the lethal substance or substances described in subsection (1) of this section.

(c) The lethal substance or substances described in subsection (1) of this section are not controlled substances when purchased, possessed or used for purposes of this section.

(4) The superintendent may require that persons who are present at the execution under subsection (1) of this section view the initial execution procedures, prior to the point of the administration of the lethal injection, by means of a simultaneous closed-circuit television transmission under the direction and control of the superintendent. [1985 c.3 §7; 1987 c.320 §38; 1993 c.137 §1; 2001 c.104 §46; 2001 c.213 §1; 2003 c.103 §4; 2005 c.471 §9; 2014 c.45 §24; 2023 c.93 §3]

Source: Section 137.473 — Means of inflicting death; place and procedures; acquisition of lethal substance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.111 — OR Code / Title 14 / Chapter 153 / Section 153.111
153.111 Distribution of abstracts of convictions
Status: in_force

(1) Upon entry of a conviction for a traffic offense, the court shall forward to the Department of Transportation an abstract of conviction in the manner required by ORS 810.375 (Duties of judges or court clerks) , and a copy of the judgment, if required, under the provisions of ORS 810.375 (Duties of judges or court clerks) .

(2) Upon entry of a conviction for violation of any provision of the wildlife laws or commercial fishing laws, or any rule promulgated pursuant to those laws, the court that enters the judgment of conviction shall forward to the Department of State Police an abstract of conviction.

(3) Upon entry of a conviction for violation of a weights and measures law subject to penalty under ORS 618.991 (Penalties) , the court shall forward to the State Department of Agriculture an abstract of conviction.

(4) Upon entry of a conviction of a boating offense, as defined in ORS 830.005 (Definitions for chapter) , the court shall forward to the State Marine Board an abstract of conviction.

(5) A court may destroy any abstract not required to be forwarded to an agency under the provisions of this section. [1999 c.1051 §51; 2021 c.597 §4]

Source: Section 153.111 — Distribution of abstracts of convictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.901 — OR Code / Title 14 / Chapter 135 / Section 135.901
135.901 Effect of compliance or noncompliance with agreement
Status: in_force

(1) If the district attorney finds at the termination of the diversion period or any time prior thereto that the divertee has failed to fulfill the terms of the diversion agreement, the district attorney shall terminate diversion and the court shall resume criminal proceedings. However, if the former divertee is adjudicated guilty as a result thereof, the court may take into consideration at the time of the sentencing any partially successful fulfillment by such person of the terms of agreement.

(2) If the district attorney informs the court at the termination of the diversion period that the defendant has fulfilled the terms of the diversion agreement, the court shall dismiss with prejudice the criminal charges filed against the defendant.

(3) A record of the fact that an individual has participated in diversion shall be forwarded to and kept by the Department of Justice, and shall be made available upon request to any district attorney who subsequently considers diversion of such person. [1977 c.373 §5; 1981 c.64 §2]

Source: Section 135.901 — Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.470 — OR Code / Title 14 / Chapter 133 / Section 133.470
133.470 Sale of seized property
Status: in_force

(1) The court, upon conviction of the person arrested pursuant to ORS 133.465 (Seizure of stolen animals or other property being transported) , shall, unless the bona fide owner or a bona fide lienholder registers an objection as provided in this section, subject to the ownership rights of innocent third parties, order a sale of the property at public auction by the sheriff of the county where it was seized.

(2) The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay, according to their priorities, all liens which are established by intervention or otherwise at such hearing or in other proceedings brought for said purpose and shall pay the balance of the proceeds into the general fund of the county.

(3) No claim of ownership or of any right, title or interest in the vehicle or other conveyance shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence that the claimant had knowledge that the vehicle or other conveyance was used or to be used in violation of law.

(4) No such conveyance shall be sold under this section and unless the state proves to the court, by clear convincing evidence that the person asserting a claim of ownership or other right, title or interest in the conveyance had knowledge that such conveyance was to be used to convey stolen property, in which case the court shall order the vehicle or other conveyance to be released. All liens against property sold under this section or ORS 133.475 (Notice to owner) or 133.485 (Perishable property) shall be transferred from the property to the proceeds of the sale of the property. [Formerly 142.100]

Source: Section 133.470 — Sale of seized property; rights of owner and lienholder , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.735 — OR Code / Title 14 / Chapter 135 / Section 135.735
135.735 Forgery
Status: in_force

When an instrument which is the subject of an accusatory instrument for forgery has been destroyed or withheld by the act or procurement of the defendant and the fact of the destruction or withholding is alleged in the accusatory instrument and established on the trial, the misdescription of the instrument is immaterial. [Formerly 132.680]

Source: Section 135.735 — Forgery; misdescription of forged instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.780 — OR Code / Title 14 / Chapter 144 / Section 144.780
144.780 Rules on duration of imprisonment
Status: in_force

(1) The commission shall propose to the board and the board shall adopt rules establishing ranges of duration of imprisonment to be served for felony offenses prior to release on parole. The range for any offense shall be within the maximum sentence provided for that offense.

(2) The ranges shall be designed to achieve the following objectives:

(a) Punishment which is commensurate with the seriousness of the prisoner’s criminal conduct; and

(b) To the extent not inconsistent with paragraph (a) of this subsection:

(A) The deterrence of criminal conduct; and

(B) The protection of the public from further crimes by the defendant.

(3) The ranges, in achieving the purposes set forth in subsection (2) of this section, shall give primary weight to the seriousness of the prisoner’s present offense and criminal history. Existing correctional resources shall be considered in establishing the ranges. [1977 c.372 §2; 1985 c.163 §1]

Source: Section 144.780 — Rules on duration of imprisonment; objectives; considerations in prescribing rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.015 — OR Code / Title 14 / Chapter 147 / Section 147.015
147.015 Eligibility for compensation generally
Status: in_force

(1) A person is eligible for an award of compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) if:

(a) The person is a victim, or is a survivor or dependent of a deceased victim, of a compensable crime that has resulted in or may result in a compensable loss;

(b) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim, unless the Department of Justice finds that, notwithstanding the failure of notification, the applicant acted reasonably under the circumstances;

(c) The application for compensation is not the result of collusion between the applicant and the assailant of the victim;

(d) The department determines that the victim acted reasonably with respect to the incident causing the death or injury to the victim, taking into account the specific situation of the victim and what a reasonable action would be for a person in the victim’s circumstances; and

(e) The application for an award of compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) is filed with the department:

(A) Within one year of the date of the injury to the victim; or

(B) Within such further extension of time as the department, for good cause shown, allows.

(2) The requirement under subsection (1)(b) of this section to notify the appropriate law enforcement officials of the perpetration of the crime is satisfied if:

(a) As a result of the compensable crime for which the victim or applicant is applying for compensation, the victim or applicant obtained:

(A) A temporary or permanent stalking protective order under ORS 30.866 (Action for issuance or violation of stalking protective order) or 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order) ;

(B) A sexual abuse restraining order under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) ;

(C) An abuse prevention order under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) ;

(D) Any other abuse prevention order or no contact order issued by a state, local, tribal or federal court; or

(E) A medical assessment, as defined in ORS 147.395 (Definitions) , for sexual assault, or any other forensic exam or medical assessment;

(b) A health provider, tribal health provider, student health provider or community mental health provider certifies that the victim reported the crime to the provider; or

(c) The victim provides to the department documentation that qualifies as law enforcement notification under the rules of the department.

(3) The department shall adopt rules establishing:

(a) A limited counseling award for victims who apply for an award of compensation but who do not otherwise qualify under the eligibility requirements of this section.

(b) The types of documentation that qualify as notification to the appropriate law enforcement officials of the perpetration of the crime as described in subsection (2)(c) of this section. [1977 c.376 §3; 1987 c.770 §2; 1989 c.542 §2; 1991 c.862 §2; 1997 c.288 §1; 2011 c.125 §3; 2013 c.720 §9; 2017 c.108 §1; 2023 c.318 §2]

Source: Section 147.015 — Eligibility for compensation generally; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.401 — OR Code / Title 14 / Chapter 147 / Section 147.401
147.401 Sexual assault response teams
Status: in_force

(1) The district attorney in each county shall organize a sexual assault response team to consist of:

(a) A representative of the district attorney’s office;

(b) A representative of a prosecution-based victim assistance program or unit;

(c) A sexual assault forensic examiner;

(d) At the discretion of the district attorney, a representative of the county sheriff’s office or a representative of local law enforcement agencies or both;

(e) A representative of a nonprofit agency or program that receives moneys administered by the Department of Human Services or the Department of Justice and that offers safety planning, counseling, support or advocacy to victims of sexual assault;

(f) A sexual assault nurse examiner or a representative of a hospital; and

(g) Other persons the district attorney considers necessary for the operation of the sexual assault response team or as recommended by the team.

(2) Each sexual assault response team must meet:

(a) At least quarterly at a time appointed by the district attorney of the county; and

(b) Independently of the county child abuse multidisciplinary team for the county.

(3) Intentionally left blank —Ed.

(a) Each sexual assault response team shall develop and adopt protocols addressing the response to adult and adolescent sexual assault victims in the county.

(b) Protocols adopted pursuant to paragraph (a) of this subsection may incorporate by reference, in part or in whole, protocols relating to child sexual abuse developed pursuant to ORS 418.747 (County teams for investigation) . [2011 c.511 §1; 2019 c.105 §1; 2019 c.141 §8]

Note: 147.401 (Sexual assault response teams) and 147.403 (Policies, guidelines and training requirements for providers of medical care to sexual assault patients) 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 147.401 — Sexual assault response teams , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.750 — OR Code / Title 14 / Chapter 137 / Section 137.750
137.750 Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs
Status: in_force

(1) When a court sentences a defendant to a term of incarceration upon conviction of a crime, the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing, unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for such leave, release or program.

(2) The executing or releasing authority may consider the defendant for a program described in subsection (1) of this section only upon order of the sentencing court appearing in the judgment.

(3) As used in this section:

(a) “Executing or releasing authority” means the Department of Corrections, State Board of Parole and Post-Prison Supervision, Oregon Youth Authority, Psychiatric Security Review Board, sentencing court or supervisory authority.

(b) “Supervisory authority” has the meaning given that term in ORS 144.087 (“Supervisory authority” defined) . [1997 c.313 §14; 2008 c.35 §2; 2011 c.708 §19; 2013 c.229 §8; 2017 c.442 §17]

Note: 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs) to 137.754 (Authority of court to modify judgment to comply with ORS 137.750 and 137.752) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.750 — Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.590 — OR Code / Title 14 / Chapter 137 / Section 137.590
137.590 Appointment of parole and probation officers and assistants
Status: in_force

The judge or judges of any court of criminal jurisdiction, including municipal courts, may appoint, with the prior approval of the governing body of the county or city involved, and at pleasure remove, parole and probation officers and clerical assistants that may be necessary. Parole and probation officers appointed by the court shall be selected because of definite qualifications as to character, personality, ability and training. In courts where more than one parole and probation officer is appointed, one shall be designated chief parole and probation officer and shall have general supervision of the probation work of parole and probation officers appointed by and under the direction of the court. Appointments shall be in writing and entered on the records of the court. Parole and probation officers and clerical assistants appointed under this section are not state officers or employees, and their compensation and expenses shall not be paid by the state. [Amended by 1971 c.633 §12; 1973 c.836 §274; 1981 s.s. c.3 §38; 2005 c.264 §9]

Source: Section 137.590 — Appointment of parole and probation officers and assistants; chief parole and probation officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131.025 — OR Code / Title 14 / Chapter 131 / Section 131.025
131.025 Parties in criminal action
Status: in_force

Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]

Source: Section 131.025 — Parties in criminal action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.438 — OR Code / Title 14 / Chapter 147 / Section 147.438
147.438 Habeas corpus proceedings in federal court
Status: in_force

In any habeas corpus proceeding brought in federal court to which the State of Oregon is a party, the state shall comply with the rights afforded to crime victims under 18 U.S.C. 3771. Remedies for violations of 18 U.S.C. 3771 are as provided under federal law. [2010 c.89 §5]

Note: 147.438 (Habeas corpus proceedings in federal court) 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 147.438 — Habeas corpus proceedings in federal court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.065 — OR Code / Title 14 / Chapter 147 / Section 147.065
147.065 Limitation on time for commencing action for compensable crime
Status: in_force

Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract) the victim of any compensable crime as defined in ORS 147.005 (Definitions) or the victim’s representative may bring an action at any time within the five-year period after the commission of the compensable crime. [1985 c.552 §5]

Note: 147.065 (Limitation on time for commencing action for compensable crime) 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 147.065 — Limitation on time for commencing action for compensable crime , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.305 — OR Code / Title 14 / Chapter 131 / Section 131.305
131.305 Place of trial
Status: in_force

(1) Except as otherwise provided in ORS 131.305 (Place of trial) to 131.415 (Conveyance of defendant in custody after change of venue) , criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred.

(2) All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 (Change of venue) to 131.363 (Change of venue in other cases) . [1973 c.836 §14]

Source: Section 131.305 — Place of trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.315 — OR Code / Title 14 / Chapter 147 / Section 147.315
147.315 Charging fees to applicants prohibited
Status: in_force

No fee may be charged to the applicant in any proceeding under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) . [1977 c.376 §17; 2012 c.81 §17]

Source: Section 147.315 — Charging fees to applicants prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 136.010 — OR Code / Title 14 / Chapter 136 / Section 136.010
136.010 When issue of fact arises
Status: in_force

An issue of fact arises upon a plea of not guilty. [Amended by 1973 c.836 §223]

Source: Section 136.010 — When issue of fact arises , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.743 — OR Code / Title 14 / Chapter 135 / Section 135.743
135.743 Fictitious or erroneous name
Status: in_force

When a defendant is charged in an accusatory instrument by a fictitious or erroneous name and in any stage of the proceedings the true name of the defendant is discovered, it may be inserted in the subsequent proceedings, referring to the fact of the defendant being charged by the name mentioned in the accusatory instrument. [Formerly 132.720]

Source: Section 135.743 — Fictitious or erroneous name; insertion of true name , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.785 — OR Code / Title 14 / Chapter 136 / Section 136.785
136.785 Burden of proof
Status: in_force

(1) When an enhancement fact is tried to a jury, any question relating to the enhancement fact shall be submitted to the jury.

(2) The state has the burden of proving an enhancement fact beyond a reasonable doubt.

(3) An enhancement fact that is tried to a jury is not proven unless:

(a) The number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime; and

(b) Of the jurors who find that the state has met its burden of proof, at least the minimum number of jurors required by this subsection to prove an enhancement fact are also jurors who found the defendant guilty of the crime or alternate jurors as provided by ORS 136.773 (Enhancement fact related to defendant) (5).

(4) An enhancement fact that is tried to the court is not proven unless the court finds that the state has met its burden of proof with regard to the enhancement fact.

(5) A finding relating to an enhancement fact made by a jury during the trial or sentencing phase of a criminal proceeding may not be reexamined by the court. Notwithstanding the findings made by a jury relating to an enhancement fact, the court is not required to impose an enhanced sentence. [2005 c.463 §7; 2007 c.16 §3]

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

Source: Section 136.785 — Burden of proof; effect of finding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.430 — OR Code / Title 14 / Chapter 133 / Section 133.430
133.430 Authority to make arrest in fresh pursuit
Status: in_force

(1) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.

(2) This section shall not be construed to make unlawful any arrest in this state which otherwise would be lawful.

Source: Section 133.430 — Authority to make arrest in fresh pursuit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.007 — OR Code / Title 14 / Chapter 131 / Section 131.007
131.007 “Victim” defined
Status: in_force

As used in ORS 40.385 (Rule 615. Exclusion of witnesses) , 135.230 (Definitions for ORS 135.230 to 135.290) , 147.417 (Victim to be notified of constitutional rights) , 147.419 (Authority of victim to obtain copy of transcript or tape of criminal proceeding) and 147.421 (Information about defendant that public body is required to provide to victim) and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §17; 1993 c.294 §3; 1997 c.313 §30; 2009 c.178 §32; 2013 c.144 §3]

Source: Section 131.007 — “Victim” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.640 — OR Code / Title 14 / Chapter 135 / Section 135.640
135.640 When objections that are grounds for demurrer may be taken
Status: in_force

When the objections mentioned in ORS 135.630 (Grounds of demurrer) appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute an offense, may be taken at the trial, under the plea of not guilty and in arrest of judgment. [Amended by 1973 c.836 §185]

Source: Section 135.640 — When objections that are grounds for demurrer may be taken , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).