ORS § 131a.365 — OR Code / Title 14 / Chapter 131a / Section 131a.365
131A.365 Distribution of forfeiture proceeds by state
Status: in_force

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

(2) After entry of a judgment of forfeiture, a forfeiting agency shall first pay from the forfeiture proceeds the costs incurred by seizing and forfeiting agencies in investigating and prosecuting the case, including costs, disbursements and attorney fees as defined in ORCP 68 A, special expenses such as the provision of currency for undercover law enforcement operations, the cost of disabling a hidden compartment in a motor vehicle and the expenses of maintaining the seized property. The forfeiting agency may not pay expenditures made in connection with the ordinary maintenance and operation of a seizing or forfeiting agency under this subsection. Any amount paid to or retained by the Department of Justice under this subsection shall be deposited in the Criminal Justice Revolving Account in the State Treasury. Any amount paid to or retained by the Oregon State Police under this subsection shall be deposited in the State Police Account.

(3) After payment of costs under subsection (2) of this section, the forfeiting agency shall:

(a) Deduct an amount equal to 10 percent of the forfeiture proceeds and deposit that amount in the Illegal Drug Cleanup Fund established under ORS 475.495 (Illegal Drug Cleanup Fund) for the purposes specified in ORS 475.495 (Illegal Drug Cleanup Fund) (5) and (6);

(b) Deduct an amount equal to three percent of the forfeiture proceeds, not to exceed $50,000 in a biennium, and deposit that amount in the Asset Forfeiture Oversight Account;

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

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

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

(4) If the forfeiting agency has entered into an intergovernmental agreement with another public body under ORS 131A.355 (Intergovernmental agreements) , or has entered into an agreement with any other law enforcement agency of the state relating to distribution of forfeiture proceeds, after paying costs under subsection (2) of this section and making the deductions required by subsection (3) of this section, the forfeiting agency shall pay an equitable portion of the forfeiture proceeds to each agency participating in the seizure or forfeiture as provided by the agreement.

(5) After making all payments and deductions required by subsections (2), (3) and (4) of this section, the forfeiting agency shall distribute the remaining forfeiture proceeds as follows:

(a) If no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, the remaining forfeiture proceeds, and forfeiture proceeds received by the Department of Justice under subsection (4) of this section, shall be divided between the Criminal Justice Revolving Account and the Special Crime and Forfeiture Account according to the following schedule:

(A) One hundred percent of the first $200,000 accumulated shall be deposited in the Criminal Justice Revolving Account.

(B) Seventy-five percent of the next $200,000 shall be deposited in the Criminal Justice Revolving Account and the balance in the Special Crime and Forfeiture Account.

(C) Fifty percent of the next $200,000 shall be deposited in the Criminal Justice Revolving Account and the balance in the Special Crime and Forfeiture Account.

(D) Twenty-five percent of the next $200,000 shall be deposited in the Criminal Justice Revolving Account and the balance in the Special Crime and Forfeiture Account.

(E) One hundred percent of all additional sums shall be deposited in the Special Crime and Forfeiture Account.

(b) If no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, the remaining proceeds, and proceeds received by the Department of State Police under subsection (4) of this section, shall be divided between the State Police Account and the Special Crime and Forfeiture Account according to the following schedule:

(A) One hundred percent of the first $600,000 accumulated shall be deposited in the State Police Account.

(B) Seventy-five percent of the next $300,000 shall be deposited in the State Police Account and the balance in the Special Crime and Forfeiture Account.

(C) Fifty percent of the next $200,000 shall be deposited in the State Police Account and the balance in the Special Crime and Forfeiture Account.

(D) Twenty-five percent of the next $200,000 shall be deposited in the State Police Account and the balance in the Special Crime and Forfeiture Account.

(E) One hundred percent of all additional sums shall be deposited in the Special Crime and Forfeiture Account.

(6) Forfeiture proceeds distributed under subsection (5) of this section may be used only for:

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

(b) Currency for undercover law enforcement operations;

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

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

(7) A forfeiting agency shall sell as much property as may be needed to make the distributions required by this section. Distributions required under subsection (3) of this section must be made once every three months and are due within 20 days of the end of each quarter. No interest shall accrue on amounts that are paid within the period specified by this subsection. [2009 c.78 §44; 2009 c.874 §16; 2012 c.37 §34; 2013 c.624 §22; 2017 c.21 §98; 2017 c.645 §4; 2018 c.23 §2; 2019 c.85 §2; 2021 c.631 §15]

Source: Section 131A.365 — Distribution of forfeiture proceeds by state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.633 — OR Code / Title 14 / Chapter 137 / Section 137.633
137.633 Earned reduction of supervision period
Status: in_force

(1) A person convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (2) is eligible for a reduction in the period of probation or post-prison supervision for complying with terms of probation or post-prison supervision, including demonstrating a commitment to the payment of restitution to the extent the person is able to pay, and participation in recidivism reduction programs.

(2) The maximum reduction under this section may not exceed 50 percent of the period of probation or post-prison supervision imposed.

(3) A reduction under this section may not be used to shorten the period of probation or post-prison supervision to less than six months.

(4) A person serving a sentence described as follows is not eligible for a reduction in the term of supervision under this section:

(a) A sentence for a crime described in ORS 163.095 (“Aggravated murder” defined) , 163.107 (Murder in the first degree) , 163.115 (Murder in the second degree) , 163.118 (Manslaughter in the first degree) , 163.125 (Manslaughter in the second degree) , 163.149 (Aggravated vehicular homicide) , 163.185 (Assault in the first degree) , 163.225 (Kidnapping in the second degree) , 163.235 (Kidnapping in the first degree) , 163.365 (Rape in the second degree) , 163.375 (Rape in the first degree) , 163.395 (Sodomy in the second degree) , 163.405 (Sodomy in the first degree) , 163.408 (Unlawful sexual penetration in the second degree) , 163.411 (Unlawful sexual penetration in the first degree) , 163.427 (Sexual abuse in the first degree) , 163.670 (Using child in display of sexually explicit conduct) , 164.325 (Arson in the first degree) , 164.415 (Robbery in the first degree) or 167.017 (Compelling prostitution) ;

(b) A sentence for attempt or conspiracy to commit a crime described in ORS 163.095 (“Aggravated murder” defined) , 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree) ;

(c) A sentence for a crime committed prior to November 1, 1989;

(d) A sentence imposed under the provisions of ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) ;

(e) A sentence imposed under the provisions of ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) ;

(f) A sentence imposed under the provisions of ORS 137.635 (Determinate sentences required for certain felony convictions) ;

(g) A sentence imposed under the provisions of ORS 137.690 (Major felony sex crime) , 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older) , 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors) , 475.925 (Sentences for certain controlled substance offenses) , 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants) ; or

(h) A term of supervision subject to ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses) .

(5) Intentionally left blank —Ed.

(a) The Department of Corrections shall adopt rules to carry out the provisions of this section.

(b) The rules adopted under this subsection shall include but are not limited to:

(A) Rules creating processes for early and ongoing notification of eligibility for an earned reduction in supervision under this section to persons on supervision; and

(B) Rules establishing consistent standards for determining when a person on supervision is in compliance with the requirements for, and has succeeded in, earning a reduction in supervision under this section.

(c) The supervisory authority shall comply with the rules adopted under this subsection.

(6) As used in this section:

(a) “Designated drug-related misdemeanor” has the meaning given that term in ORS 423.478 (Duties of department and counties) .

(b) “Designated person misdemeanor” has the meaning given that term in ORS 423.478 (Duties of department and counties) . [2013 c.649 §17; 2015 c.140 §1; 2017 c.706 §19; 2021 c.450 §1; 2021 c.581 §5]

Note: Section 2, chapter 450, Oregon Laws 2021, provides:

Sec. 2. The amendments to ORS 137.633 (Earned reduction of supervision period) by section 1, chapter 450, Oregon Laws 2021, apply to sentences imposed before, on or after January 1, 2022. [2021 c.450 §2; 2023 c.75 §1]

Note: 137.633 (Earned reduction of supervision period) 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 137.633 — Earned reduction of supervision period; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.080 — OR Code / Title 14 / Chapter 137 / Section 137.080
137.080 Consideration of circumstances in aggravation or mitigation of punishment
Status: in_force

(1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, in a case where discretion is conferred upon the court as to the extent of the punishment to be inflicted, the court, upon the suggestion of either party that there are circumstances which may be properly considered in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time and upon such notice to the adverse party as it may direct.

(2) Notwithstanding any other provision of law, the consideration of aggravating and mitigating circumstances as to felonies committed on or after November 1, 1989, including the maximum sentence that may be imposed because of aggravating circumstances, shall be in accordance with rules of the Oregon Criminal Justice Commission. [Amended by 1989 c.790 §9]

Source: Section 137.080 — Consideration of circumstances in aggravation or mitigation of punishment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131.515 — OR Code / Title 14 / Chapter 131 / Section 131.515
131.515 Previous prosecution
Status: in_force

Except as provided in ORS 131.525 (Previous prosecution) and 131.535 (Proceedings not constituting acquittal) :

(1) No person shall be prosecuted twice for the same offense.

(2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.

(3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.

(4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 §27; 1997 c.511 §3]

Source: Section 131.515 — Previous prosecution; when a bar to second prosecution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 146.075 — OR Code / Title 14 / Chapter 146 / Section 146.075
146.075 District office duties
Status: in_force

(1) The district medical examiner shall serve as the administrator of the district medical examiner’s office. Subject to applicable provisions of a county personnel policy or civil service law, the district medical examiner may employ such other personnel as the district medical examiner deems necessary to operate the office.

(2) All expenses of equipping, maintaining and operating the district medical examiner’s office, including the compensation of the district medical examiner and assistant district medical examiners, shall be paid by the county or counties of the district from funds budgeted for such purpose.

(3) When a district medical examiner also serves as local health officer, the county shall separately budget the compensation and expenses to be paid for medical examiner’s duties.

(4) All expenses of death investigations shall be paid from county funds budgeted for such purpose except that, in counties under 200,000 population upon the approval of the Chief Medical Examiner, one-half of the costs of autopsies ordered under ORS 146.117 (Autopsies) shall be paid annually by the state from funds for such purpose. If funds available for this payment are insufficient to meet one-half of these costs, even proportional payments to the counties shall be made.

(5) Expenses of burial or other disposition of an unclaimed body shall be paid by the county where the death occurs, as provided by ORS 146.100 (Where death considered to have occurred) (2), in the manner provided by ORS 146.121 (Disposition of body) (4).

(6) Each district office shall maintain copies of the:

(a) Reports of death investigation by the medical examiner;

(b) Autopsy reports;

(c) Laboratory analysis reports; and

(d) Inventories of money or property of the deceased taken into custody during the investigation.

(7) Reports and inventories maintained by the district office shall be available for inspection as provided by ORS 146.035 (Chief Medical Examiner) (5).

(8) Copies of reports of death investigations by medical examiners and autopsy reports shall be forwarded to the Office of the Chief Medical Examiner.

(9) Each district office shall maintain current records of:

(a) All assistant district medical examiners appointed.

(b) Appointments of each medical-legal death investigator appointed for the county or district.

(c) The name, address and director of each licensed funeral home located within the county or district.

(10) Each district office shall immediately in writing notify the Office of the Chief Medical Examiner of all appointments and resignations of their medical examiners. [1973 c.408 §8; 1987 c.142 §2; 2015 c.736 §51; 2017 c.151 §10]

Source: Section 146.075 — District office duties; personnel; expenses for certain duties; records and reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 153.530 — OR Code / Title 14 / Chapter 153 / Section 153.530
153.530 Designation of speed in complaint and summons charging violation of basic speed rule or speed limit
Status: in_force

The complaint and summons in a citation issued for the charges specified in this section shall specify the speed at which the defendant is alleged to have driven and the posted speed, the speed limit or the speed that constitutes prima facie evidence of violation of the basic speed rule, as appropriate, for the district or location. This section applies to the following charges:

(1) Violating the basic speed rule under ORS 811.100 (Violation of basic speed rule) .

(2) Violating a speed limit under ORS 811.111 (Violating a speed limit) . [Formerly 484.175; 1987 c.5 §7; 1987 c.887 §14; 1999 c.1051 §79; 2003 c.819 §12]

Source: Section 153.530 — Designation of speed in complaint and summons charging violation of basic speed rule or speed limit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 138.030 — OR Code / Title 14 / Chapter 138 / Section 138.030
138.030 Parties designated “appellant” and “respondent”
Status: in_force

The party appealing is known as the appellant and the adverse party as the respondent; but the title of the action is not changed in consequence of the appeal.

Source: Section 138.030 — Parties designated “appellant” and “respondent”; title of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 131a.455 — OR Code / Title 14 / Chapter 131a / Section 131a.455
131A.455 Asset Forfeiture Oversight Advisory Committee
Status: in_force

(1) The Asset Forfeiture Oversight Advisory Committee is created. The committee consists of 10 members to be appointed as follows:

(a) The President of the Senate and the Speaker of the House of Representatives shall appoint four legislators to the committee. Two shall be Senators appointed by the President. Two shall be Representatives appointed by the Speaker.

(b) The Governor shall appoint three members to the committee.

(c) The Attorney General shall appoint three members to the committee.

(2) The term of a legislative member of the committee shall be two years. The term of all other members shall be four years. Members of the committee may be reappointed. If a vacancy occurs on the committee for any reason during the term of membership, the official who appointed the member to the vacant position shall appoint a new member to serve the remainder of the term. A member of the committee may be removed from the committee at any time by the official who appointed the member.

(3) Intentionally left blank —Ed.

(a) The members of the committee shall select from among themselves a chairperson and vice chairperson.

(b) The committee shall meet at such times and places as determined by the chairperson.

(4) Legislative members shall be entitled to payment of compensation and expense reimbursement under ORS 171.072 (Salary of members and presiding officers) , payable from funds appropriated to the Legislative Assembly.

(5) The committee shall:

(a) Prepare reports detailing the number and nature of forfeitures carried out under this chapter and ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) , including the disposition and use of the proceeds from the forfeitures. The reports shall be submitted on or before April 30 of each year to the Speaker of the House of Representatives, President of the Senate, Attorney General and Governor.

(b) In consultation with forfeiture counsel, review and, if necessary, modify the reports required from forfeiture counsel and public bodies to ensure that information necessary for oversight is being obtained and is gathered in an efficient and effective manner.

(c) Make any recommendations it deems necessary to increase the effectiveness, fairness and efficiency of forfeiture actions brought under this chapter and ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) .

(d) Make any recommendations for additional legislation governing forfeiture actions brought under this chapter and ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) .

(e) Conduct studies or other activities as necessary to accomplish the purposes of this subsection.

(6) The executive director of the Oregon Criminal Justice Commission shall provide the committee with staff, subject to funds available for that purpose.

(7) For purposes of this section, “forfeiture counsel” includes forfeiture counsel as defined in ORS 131.550 (Definitions for ORS 131.550 to 131.600) . [2009 c.78 §50; 2009 c.506 §1; 2013 c.9 §3]

Source: Section 131A.455 — Asset Forfeiture Oversight Advisory Committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 131.815 — OR Code / Title 14 / Chapter 131 / Section 131.815
131.815 Presentment of facts to circuit court
Status: in_force

Whenever in the opinion of the Governor the criminal laws of the state are not being faithfully executed and enforced and the circumstances justify the appointment of any sheriff, district attorney, constable or justice of the peace pro tem, the Governor shall lay the facts of which the Governor is advised before the circuit court, or any judge thereof, of the district of the office in question. The court or judge shall, without delay, in a summary manner consider the facts so presented and such further facts as can be gathered or may be presented by or on behalf of the Governor, the officer or any party interested. [Formerly 148.110]

Source: Section 131.815 — Presentment of facts to circuit court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 146.117 — OR Code / Title 14 / Chapter 146 / Section 146.117
146.117 Autopsies
Status: in_force

Bibliographic info

(1) A medical examiner or district attorney may order an autopsy performed in any death requiring investigation. This authorization for an autopsy shall permit the pathologist to remove and retain body tissues or organs from the deceased for the purpose of the legal or medical determination of the manner or cause of death, or other purposes approved under policies established by the State Medical Examiner Advisory Board.

(2) If an autopsy is ordered, the medical examiner shall obtain the services of a pathologist authorized under ORS 146.045 (Duties of Chief Medical Examiner) (2)(b).

(3) A pathologist may not receive compensation for performing the autopsy if, as medical examiner, the pathologist ordered the autopsy. [1973 c.408 §18; 1987 c.142 §4; 1995 c.744 §15]

Source: Section 146.117 — Autopsies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 153.039 — OR Code / Title 14 / Chapter 153 / Section 153.039
153.039 Stop and detention for violation
Status: in_force

(1) An enforcement officer may not arrest, stop or detain a person for the commission of a violation except to the extent provided in this section and ORS 810.410 (Arrest and citation) .

(2) An enforcement officer may stop and detain any person if the officer has reasonable grounds to believe that the person has committed a violation. An enforcement officer may stop and detain any employee, agent or representative of a firm, corporation or other organization if the officer has reasonable grounds to believe that the firm, corporation or other organization has committed a violation.

(3) Except as provided in subsection (4) of this section, the period of detention may be only as long as is necessary to:

(a) Establish the identity of the person, firm, corporation or organization believed to have committed the violation;

(b) Conduct any investigation reasonably related to the violation; and

(c) Issue a citation for the violation.

(4) The authority of an enforcement officer to stop and detain a person for a traffic violation as defined by ORS 801.557 (“Traffic violation.”) is governed by ORS 810.410 (Arrest and citation) . [1999 c.1051 §10]

Source: Section 153.039 — Stop and detention for violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 131.573 — OR Code / Title 14 / Chapter 131 / Section 131.573
131.573 Petition for expedited hearing
Status: in_force

(1) A person, other than the defendant, claiming an interest in property seized under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cause shown.

(2) A petition for an expedited hearing must contain a claim if no claim has previously been filed. The petition must reflect whether the petitioner seeks one or more of the following:

(a) A determination at the hearing that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct.

(b) An order restoring custody of seized property to the petitioner during the pendency of the proceedings if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding.

(c) Appointment of a receiver.

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

(4) The court shall hold a hearing within 15 days after service of all persons known to have an interest or at such later time as the court may allow for good cause shown. The hearing is limited to:

(a) Deciding whether the petitioner can prove that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct;

(b) Determining whether an order should be entered directing the return of the seized property to the claimant during the pendency of the hearing; and

(c) Determining whether an order should be entered directing the appointment of a receiver to manage property seized pursuant to ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) pending a final determination as to the disposition of the property, if the petitioner or the seizing agency requests that order.

(5) The parties to a proceeding under ORS 131.582 (Prosecution of criminal forfeiture) may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order must comply with the requirements of ORS 131.576 (Order restoring custody of property after expedited hearing) (1). [2005 c.830 §9]

Source: Section 131.573 — Petition for expedited hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.570 — OR Code / Title 14 / Chapter 131 / Section 131.570
131.570 Notice of seizure for forfeiture
Status: in_force

(1) As soon as practicable after seizure for criminal forfeiture, the seizing agency shall review the inventory prepared by the police officer under ORS 131.561 (Seizure of property subject to forfeiture) . Within 30 days after seizure for criminal forfeiture, the forfeiture counsel shall file a criminal information or an indictment alleging facts sufficient to establish that the property is subject to criminal forfeiture. Within 30 days after seizure for criminal forfeiture, the seizing agency or forfeiture counsel shall prepare a notice of seizure for criminal forfeiture containing a copy of the inventory prepared pursuant to ORS 131.561 (Seizure of property subject to forfeiture) , the identity of the person from whom the property was seized, the name, address and telephone number of the seizing agency and the address and telephone number of the office or other place where further information concerning the seizure and criminal forfeiture may be obtained, and shall make reasonable efforts to serve the notice of seizure for criminal forfeiture on all persons, other than the defendant, known to have an interest in the seized property. A person may be served as provided in ORCP 7 D except that the notice must also include information regarding the right to file a claim under subsection (2) of this section, if applicable, and the deadline for filing the claim. If the property is cash in the amount of $1,000 or less or if the fair market value of the property is $1,000 or less, the seizing agency may publish notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). In all other cases, the seizing agency shall publish notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). The seizing agency shall provide a copy of the notice, inventory and estimate of value to the forfeiture counsel.

(2) Except as otherwise provided in ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) (1) to (3), if notice of seizure for criminal forfeiture:

(a) Is given in a manner other than by publication, any person, other than the defendant, claiming an interest in the property must file a claim with the forfeiture counsel within 21 days after service of notice of seizure for criminal forfeiture.

(b) Is published, any person, other than the defendant, claiming an interest in the property must file a claim with the forfeiture counsel within 21 days after the last publication date.

(3) An extension for the filing of a claim under subsection (2) of this section may not be granted. The claim must be signed by the claimant under penalty of perjury and must set forth all of the following:

(a) The true name of the claimant;

(b) The address at which the claimant will accept future mailings from the court or the forfeiture counsel; and

(c) A statement that the claimant has an interest in the seized property.

(4) If a seizing agency publishes notice of seizure for criminal forfeiture in a newspaper in the manner provided by subsection (1) of this section, the agency may include in a single publication as many notices of criminal forfeiture as the agency considers convenient. The publication may contain a single statement of matters from the notices of criminal forfeiture that are common to all of the notices and that would otherwise result in needless repetition. The publication must contain for each notice of criminal forfeiture a separate copy of the inventory prepared pursuant to ORS 131.561 (Seizure of property subject to forfeiture) , and a separate statement of the identity of the person from whose custody the property was seized. The published inventory need not contain estimates of value for the property seized. [2005 c.830 §8]

Source: Section 131.570 — Notice of seizure for forfeiture; service on persons other than defendant; publication of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 153.099 — OR Code / Title 14 / Chapter 153 / Section 153.099
153.099 Entry
Status: in_force

(1) If a trial is held in a violation proceeding, the court shall enter a judgment based on the evidence presented at the trial.

(2) If the defendant appears and enters a plea of no contest in the manner described in ORS 153.061 (Appearance by defendant) (3) and a trial is not otherwise required by the court or by law, the court shall make a decision based on the citation. The court may consider any statement of explanation submitted with the plea. [1999 c.1051 §23; 2007 c.784 §8; 2011 c.597 §25a; 2012 c.89 §6]

Source: Section 153.099 — Entry; nondefault cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.355 — OR Code / Title 14 / Chapter 135 / Section 135.355
135.355 Presentation of plea
Status: in_force

(1) Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms:

(a) “The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument.”

(b) “The defendant pleads that defendant is not guilty of the offense charged in this accusatory instrument.”

(c) “The defendant pleads no contest to the offense charged in this accusatory instrument.”

(2) When a defendant enters a conditional plea of guilty or no contest, the entry in the register of the court shall so indicate.

(3) For purposes of this section, an oral plea includes a plea made orally by means of simultaneous electronic transmission as described in ORS 131.045 (Appearances by simultaneous electronic transmission) . [Formerly 135.830; 1985 c.540 §32; 1999 c.134 §2; 2005 c.566 §6]

Source: Section 135.355 — Presentation of plea; entry in register; forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 138.500 — OR Code / Title 14 / Chapter 138 / Section 138.500
138.500 Appointment of counsel and furnishing of transcript for appellant without funds
Status: in_force

(1) If a defendant in a criminal action or a petitioner in a proceeding pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) wishes to appeal from an appealable adverse final order or judgment of a circuit court and if the person is without funds to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the case for the appeal, the person may request the circuit court from which the appeal is or would be taken to appoint counsel to represent the person on appeal. The following apply to a request under this subsection:

(a) The request shall be in writing and shall be made within the time during which an appeal may be taken or, if the notice of appeal has been filed, at any time thereafter. The request shall include a brief statement of the assets, liabilities and income in the previous year of the person unless the court already determined the person to be financially eligible for appointed counsel at state expense for purposes of the specific case, in which instance, the written request need only so indicate. However, if a request relies on a court’s previous determination that the person is financially eligible, the court, in its discretion, may require the person to submit a new statement of assets, liabilities and income.

(b) If, based upon a request under paragraph (a) of this subsection, the court finds that petitioner or defendant previously received the services of appointed counsel or currently is without funds to employ suitable counsel for an appeal, the court shall appoint counsel to represent petitioner or defendant on the appeal.

(2) Intentionally left blank —Ed.

(a) Notwithstanding subsection (1) of this section, when a defendant has been sentenced to death, the request for appointed counsel shall be made to the Supreme Court. The Supreme Court shall appoint suitable counsel to represent the defendant on the appeal.

(b) After the notice of appeal has been filed, the Court of Appeals has concurrent authority to appoint or substitute counsel or appoint or substitute a legal advisor for the defendant under ORS 138.504 (Waiver of counsel) .

(c) The Supreme Court has concurrent authority to appoint or substitute counsel or appoint or substitute a legal advisor for the defendant under ORS 138.504 (Waiver of counsel) in connection with review of a Court of Appeals decision under ORS 2.520 (Procedure for review of decisions of Court of Appeals) .

(d) Neither the Court of Appeals nor the Supreme Court may substitute one appointed counsel for another under paragraph (b) or (c) of this subsection except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission.

(3) Whenever a defendant in a criminal action or a petitioner in a proceeding pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) has filed a notice of appeal from an appealable adverse final order or judgment of a circuit court and the person is without funds to pay for a transcript, or portion thereof, necessary to present adequately the case upon appeal, the person may request the executive director of the Oregon Public Defense Commission to have the transcript, or portion thereof, prepared for purposes of appeal. The following apply to a request under this subsection:

(a) The executive director shall authorize the preparation of a transcript after a court has determined that the person is eligible for court-appointed counsel or, if the person has not applied for court-appointed counsel, the person submits a statement of the person’s assets, liabilities and income in the previous year and the director determines that the person is eligible for preparation of a transcript at state expense.

(b) The cost of the transcript preparation under paragraph (a) of this subsection shall be in the amount prescribed in ORS 21.345 (Transcript fees) and paid for as provided by the policies, procedures, standards and guidelines of the Oregon Public Defense Commission.

(4) After submission of the original brief by counsel, the executive director of the Oregon Public Defense Commission shall determine the cost of briefs and any other expenses of appellant, except transcripts, necessary to appellate review and a reasonable amount of compensation for counsel appointed under this section. Compensation payable to appointed counsel shall be as established under ORS 151.216 (Commission duties) . On any review by the Supreme Court of the judgment of the Court of Appeals the executive director shall similarly determine the costs of briefs and any other expenses necessary for review and a reasonable amount of compensation for counsel appointed under this section.

(5) Costs, expenses and compensation determined by the executive director of the Oregon Public Defense Commission under subsection (4) of this section shall be paid by the executive director from funds available for that purpose.

(6) If the executive director of the Oregon Public Defense Commission denies, in whole or in part, costs, expenses and compensation submitted for review and payment, the person who submitted the payment request may appeal the decision to the Chief Judge of the Court of Appeals, if the appeal is in the Court of Appeals, or to the Chief Justice of the Supreme Court, if the appeal is in the Supreme Court. The Chief Judge, Chief Justice or the designee of the Chief Judge or Chief Justice, as appropriate, shall review the executive director’s decision for abuse of discretion. The decision of the Chief Judge, the Chief Justice or the designee of the Chief Judge or Chief Justice is final.

(7) The provisions of this section shall apply in favor of the defendant in a criminal action or the petitioner in a proceeding pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) when the person is respondent in an appeal taken by the state in a criminal action or by the defendant in a proceeding pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) .

(8) As used in this section, “criminal action” does not include an action that involves only violations.

(9) As used in subsection (4) of this section, “counsel” includes a legal advisor appointed under ORS 138.504 (Waiver of counsel) . [1959 c.636 §23; 1961 c.480 §2; 1963 c.600 §8; 1969 c.198 §71; 1971 c.257 §3; 1977 c.752 §6; 1979 c.867 §3; 1981 s.s. c.3 §126; 1983 c.763 §16; 1983 c.774 §5; 1985 c.58 §1; 1985 c.502 §20; 1989 c.1053 §6; 1991 c.790 §17; 1991 c.827 §1; 1995 c.117 §2; 1995 c.194 §1; 2001 c.962 §§29,108; 2003 c.449 §§7,44; 2005 c.454 §1; 2007 c.291 §1; 2023 c.281 §30]

Source: Section 138.500 — Appointment of counsel and furnishing of transcript for appellant without funds; compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 137.109 — OR Code / Title 14 / Chapter 137 / Section 137.109
137.109 Effect of restitution order on other remedies of victim
Status: in_force

(1) Nothing in ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim) , 137.540 (Conditions of probation) , 144.102 (Conditions of post-prison supervision) , 144.275 (Parole of adults in custody sentenced to pay compensatory fines or make restitution) , 161.675 (Time and method of payment of fines, restitution and costs) and 161.685 (Effect of nonpayment of fines, restitution or costs) limits or impairs the right of a person injured by a defendant’s commission of a crime, by a defendant’s commission of a violation described in ORS 153.008 (Violations described) , or by a defendant’s commission of an act that has brought the defendant before the court for the purpose of entering into a driving while under the influence of intoxicants diversion agreement, to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay restitution pursuant to ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim) , 137.540 (Conditions of probation) , 144.102 (Conditions of post-prison supervision) , 144.275 (Parole of adults in custody sentenced to pay compensatory fines or make restitution) , 161.675 (Time and method of payment of fines, restitution and costs) and 161.685 (Effect of nonpayment of fines, restitution or costs) may not be introduced in any civil action arising out of the facts or events that were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.

(2) If conviction in a criminal trial necessarily decides the issue of a defendant’s liability for economic damages of a victim, that issue is conclusively determined as to the defendant if it is involved in a subsequent civil action. [1977 c.371 §7; 1993 c.533 §2; 1997 c.526 §4; 1999 c.1051 §125; 2005 c.564 §3; 2013 c.78 §8]

Source: Section 137.109 — Effect of restitution order on other remedies of victim; credit of restitution against subsequent civil judgment; effect of criminal judgment on subsequent civil action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.337 — OR Code / Title 14 / Chapter 144 / Section 144.337
144.337 Oregon Public Defense Commission to provide counsel for eligible petitioners
Status: in_force

(1) Pursuant to ORS 151.216 (Commission duties) and 151.219 (Executive director) , the Oregon Public Defense Commission shall provide for the representation of financially eligible persons petitioning for review under ORS 144.335 (Appeal from order of board to Court of Appeals) .

(2) If the commission determines that a person petitioning for review under ORS 144.335 (Appeal from order of board to Court of Appeals) is not financially eligible for appointed counsel at state expense, the commission shall promptly notify the person of the determination and of the person’s right to request review of the determination by the Court of Appeals. The person may request review of the commission’s determination by filing a motion in the Court of Appeals no later than 60 days after the date of the commission’s notice.

(3) The determination of the Court of Appeals under subsection (2) of this section as to whether the person is financially eligible is final. [1973 c.694 §25; 2001 c.962 §31; 2003 c.420 §1; 2023 c.281 §33]

Source: Section 144.337 — Oregon Public Defense Commission to provide counsel for eligible petitioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 132.210 — OR Code / Title 14 / Chapter 132 / Section 132.210
132.210 Immunity of jurors as to official conduct
Status: in_force

A grand juror cannot be questioned for anything the grand juror says or any vote the grand juror gives, while acting as such, relative to any matter legally pending before the grand jury, except for a perjury or false swearing of which the grand juror may have been guilty in giving testimony before such jury. [Amended by 1973 c.836 §43]

Source: Section 132.210 — Immunity of jurors as to official conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 144.228 — OR Code / Title 14 / Chapter 144 / Section 144.228
144.228 Periodic parole consideration hearings for dangerous offenders
Status: in_force

(1) Intentionally left blank —Ed.

(a) Within six months after commitment to the custody of the Department of Corrections of any person sentenced under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) as a dangerous offender, the State Board of Parole and Post-Prison Supervision shall set a date for a parole consideration hearing instead of an initial release date as otherwise required under ORS 144.120 (Initial parole hearing) and 144.125 (Review of parole plan, psychological reports and conduct prior to release) . The parole consideration hearing date shall be the time the prisoner would otherwise be eligible for parole under the board’s rules.

(b) Intentionally left blank —Ed.

(A) At the parole consideration hearing, the prisoner shall be given a release date in accordance with the rules of the board if the board finds the prisoner no longer dangerous or finds that the prisoner remains dangerous but can be adequately controlled with supervision and mental health treatment and that the necessary resources for supervision and treatment are available to the prisoner. If the board is unable to make such findings, a review will be conducted no less than two years, and no more than 10 years, from the date of the previous review, until the board is able to make such findings, at which time release on parole shall be ordered if the prisoner is otherwise eligible under the rules.

(B) The board may not grant the prisoner a review hearing that is more than two years from the date of the previous hearing unless the board finds that it is not reasonable to expect that the prisoner would be granted a release date before the date of the subsequent hearing.

(C) The board shall determine the date of the review hearing in accordance with rules adopted by the board. Rules adopted under this subparagraph must be based on the foundation principles of criminal law described in section 15, Article I of the Oregon Constitution.

(D) In no event shall the prisoner be held beyond the maximum sentence less good time credits imposed by the court.

(c) Nothing in this section precludes a prisoner from submitting a request for a parole consideration hearing prior to the earliest time the prisoner is eligible for parole. If the board grants a prisoner a review hearing that is more than two years from the date of the previous hearing, the prisoner may submit a request for an interim review hearing not earlier than the date that is two years from the date of the previous hearing and at intervals of not less than two years thereafter. Should the board find, based upon a request described in this paragraph, that there is a reasonable cause to believe that the prisoner is no longer dangerous or that necessary supervision and treatment are available based upon the information provided in the request, it shall conduct a review as soon as is reasonably convenient.

(d) When the board grants a prisoner a review hearing that is more than two years from the date of the previous hearing and when the board denies a petition for an interim hearing, the board shall issue a final order. The order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order. Unless the prisoner bears the burden of persuasion, the order shall include findings necessary to deny the prisoner a release date for any period of time when the prisoner would be presumed to be eligible for a release date.

(2) For the parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person. The information shall include:

(a) The written report of the examining psychiatrist or psychologist which shall contain all the facts necessary to assist the State Board of Parole and Post-Prison Supervision in making its determination. The report of the examining psychiatrist or psychologist shall be made within two months of the date of its consideration; and

(b) A written report to be made by the executive officer of the Department of Corrections institution in which the person has been confined. The executive officer’s report shall contain:

(A) A detailed account of the person’s conduct while confined, all infractions of rules and discipline, all punishment meted out to the person and the circumstances connected therewith, as well as the extent to which the person has responded to the efforts made in the institution to improve the person’s mental and moral condition.

(B) A statement as to the person’s present attitude toward society, toward the sentencing judge, toward the prosecuting district attorney, toward the arresting police officer and toward the person’s previous criminal career.

(C) The work and program record of the person while in or under the supervision of the Department of Corrections. The program history shall include a summary of any psychological or substance abuse treatment and other activities that will assist the board in understanding the psychological adjustment and social skills and habits of the person and that will assist the board in determining the likelihood for successful community reentry. [1955 c.636 §5; 1961 c.424 §6; 1971 c.743 §339; 1973 c.836 §291; 1981 c.644 §5; 1985 c.283 §4; 1987 c.320 §58; 1991 c.318 §2; 1993 c.334 §3; 2009 c.660 §4]

Source: Section 144.228 — Periodic parole consideration hearings for dangerous offenders; setting of parole date; information to be considered , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.255 — OR Code / Title 14 / Chapter 135 / Section 135.255
135.255 Release agreement
Status: in_force

(1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) .

(2) A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 (Failure to appear in the second degree) or 162.205 (Failure to appear in the first degree) .

(3) “Custody” for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation) . [1973 c.836 §151]

Source: Section 135.255 — Release agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.800 — OR Code / Title 14 / Chapter 153 / Section 153.800
153.800 Violations Bureau established by court
Status: in_force

(1) Any court of this state may establish a Violations Bureau and designate the clerk or deputy clerk of the court or any other appropriate person to act as a violations clerk for the Violations Bureau. The violations clerk shall serve under the direction and control of the court appointing the clerk.

(2) A violations clerk may exercise authority over any violation. A justice or municipal court establishing a Violations Bureau shall by order specify the violations that are subject to the authority of the violations clerk.

(3) Except as provided in subsection (6) of this section, the violations clerk shall accept:

(a) Written appearance, 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.

(4) Intentionally left blank —Ed.

(a) Courts other than circuit courts shall establish schedules, within the limits prescribed by law, of the amounts of penalties to be imposed for first, second and subsequent violations, designating each violation specifically or by class. The order of the court establishing the schedules shall be prominently posted in the place where penalties established under the schedule are paid.

(b) The Chief Justice of the Supreme Court shall establish a uniform fine schedule for violations prosecuted in circuit courts. The schedule must specify the violations that are subject to the authority of the violations clerk.

(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.

(5) Any 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, 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.

(6) 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 court, by general order applying to certain specified offenses, permits such appearance.

(7) A circuit court may use a Central Violations Bureau established under ORS 153.806 (Central Violations Bureau) in addition to establishing and operating a Violations Bureau under this section, and may delegate to the State Court Administrator the authority to designate appropriate persons to act as violations clerks for the Central Violations Bureau. [1995 c.292 §1; 1997 c.801 §149; 1999 c.59 §30; 1999 c.1051 §130; 2011 c.597 §149; 2012 c.89 §8; 2019 c.60 §5]

Source: Section 153.800 — Violations Bureau established by court; uniform fine schedule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 132.220 — OR Code / Title 14 / Chapter 132 / Section 132.220
132.220 Disclosure by juror of testimony of witness examined by jury
Status: in_force

A member of a grand jury may be required by any court to disclose:

(1) The testimony of a witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness before the court.

(2) The testimony given before such grand jury by any person, upon a charge against such person for perjury or false swearing or upon trial therefor. [Amended by 1973 c.836 §44]

Source: Section 132.220 — Disclosure by juror of testimony of witness examined by jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 133.065 — OR Code / Title 14 / Chapter 133 / Section 133.065
133.065 Service of criminal citation
Status: in_force

If a criminal citation is issued as described in ORS 133.055 (Criminal citation) , the peace officer shall serve one copy on the person arrested and shall, as soon as practicable, file a duplicate copy with the magistrate specified in ORS 133.055 (Criminal citation) along with proof of service. [1969 c.244 §6; 1999 c.1051 §58]

Source: Section 133.065 — Service of criminal citation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.470 — OR Code / Title 14 / Chapter 144 / Section 144.470
144.470 Disposition of enrollee’s compensation under program
Status: in_force

(1) Each person enrolled in the work release program shall promptly surrender to the Department of Corrections all compensation the person receives, if any, other than amounts involuntarily withheld by the employer of the person.

(2) The Director of the Department of Corrections shall adopt rules providing for the disposition of any compensation earned by persons under this section. [1965 c.463 §9; 1973 c.836 §308; 1987 c.320 §72; 1995 c.384 §6; 1997 c.851 §2]

Source: Section 144.470 — Disposition of enrollee’s compensation under program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.315 — OR Code / Title 14 / Chapter 133 / Section 133.315
133.315 Liability of peace officer making arrest
Status: in_force

(1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055 (Criminal citation) (2) or 133.310 (Authority of peace officer to arrest without warrant) (3) or (5) provided the peace officer acts in good faith and without malice.

(2) No peace officer shall be criminally or civilly liable for any arrest made under ORS 133.310 (Authority of peace officer to arrest without warrant) (4) if the officer reasonably believes that:

(a) A physical or electronic document or other writing supplied to the officer under ORS 133.310 (Authority of peace officer to arrest without warrant) (4) is an accurate copy of a foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) and is the most recent order in effect between the parties; and

(b) The person restrained by the order has been personally served with a copy of the order or has actual notice of the order. [1977 c.845 §9; subsection (2) enacted as 1991 c.222 §3; 1999 c.250 §3; 2021 c.326 §4]

Note: 133.315 (Liability of peace officer making arrest) (2) 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 133.315 — Liability of peace officer making arrest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 132.260 — OR Code / Title 14 / Chapter 132 / Section 132.260
132.260 Recording of testimony required
Status: in_force

(1) Except as provided in subsection (2) of this section, the grand juror described in ORS 132.250 (District attorney to ensure proceedings are recorded) (2)(a), or the shorthand reporter described in ORS 132.250 (District attorney to ensure proceedings are recorded) (2)(b), who is recording grand jury proceedings shall record all testimony given before the grand jury, including:

(a) The case name and number;

(b) The name of each witness appearing before the grand jury; and

(c) Each question asked of, and each response provided by, a witness appearing before the grand jury.

(2) The grand juror operating the audio electronic recording device or the shorthand reporter may not record:

(a) The deliberations or voting of the grand jury.

(b) A presentment made pursuant to ORS 132.370 (Presentment of facts to court for instruction as to law) .

(c) Any statements made by a grand juror who is examined as a witness as provided in ORS 132.350 (Juror’s knowledge of an offense) .

(d) A procedure related to the production of records, or the unsealing of records, subpoenaed pursuant to ORS 136.583 (Seizure or production of papers, documents or records from recipient) and to be presented before the grand jury.

(3) The district attorney shall maintain the audio recordings, or report of the shorthand reporter, produced pursuant to this section and ORS 132.250 (District attorney to ensure proceedings are recorded) . [2017 c.650 §2; 2017 c.650 §10]

Source: Section 132.260 — Recording of testimony required; matters that may not be recorded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 132.370 — OR Code / Title 14 / Chapter 132 / Section 132.370
132.370 Presentment of facts to court for instruction as to law
Status: in_force

(1) When the grand jury is in doubt whether the facts, as shown by the evidence before it, constitute a crime in law or whether the same has ceased to be punishable by reason of lapse of time or a former acquittal or conviction, it may make a presentment of the facts to the court, without mentioning the names of individuals, and ask the court for instructions concerning the law arising thereon.

(2) A presentment cannot be found and made to the court except as provided in subsection (1) of this section, and, when so found and presented, the court shall give such instructions to the grand jury concerning the law of the case as it thinks proper and necessary.

(3) A presentment is made to the court by the foreman in the presence of the grand jury. But being a mere formal statement of facts for the purpose of obtaining the advice of the court as to the law arising thereon, it is not to be filed in court or preserved beyond the sitting of the grand jury.

Source: Section 132.370 — Presentment of facts to court for instruction as to law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 136.645 — OR Code / Title 14 / Chapter 136 / Section 136.645
136.645 Codefendant as witness
Status: in_force

No person named in an indictment, information or complaint as a codefendant shall be deemed incompetent to testify as a witness at the trial of another defendant solely because the person is so named. [Formerly 139.315]

Source: Section 136.645 — Codefendant as witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 136.602 — OR Code / Title 14 / Chapter 136 / Section 136.602
136.602 Witness fees payable by county
Status: in_force

(1) Except as otherwise specifically provided by law, the per diem fees and mileage and any expenses allowed under ORS 136.603 (Payment of witness who is from outside state or is indigent) due to any witness in a grand jury proceeding, or any prosecution witness in a criminal action or proceeding in a circuit or justice court or before a committing magistrate shall be paid by the county in which the grand jury proceeding or criminal action or proceeding is held. Payment shall be made upon a claim verified by the witness, showing the number of days attended and the number of miles traveled, and a certified statement, prepared by the district attorney, justice of the peace or committing magistrate, showing the amounts due the witness.

(2) The per diem fees and mileage due to any defense witness in a criminal action or proceeding in a circuit or justice court, or before a committing magistrate, and any expenses allowed the witness under ORS 136.603 (Payment of witness who is from outside state or is indigent) , shall be paid by the defendant. In the case of a defendant determined to be financially eligible for appointed counsel at state expense, these amounts may be paid pursuant to ORS 135.055 (Compensation and expenses of appointed counsel) . [1981 s.s. c.3 §63; 1983 c.401 §1; 1987 c.606 §3; 1989 c.171 §18; 1989 c.1053 §3; 2001 c.962 §87]

Source: Section 136.602 — Witness fees payable by county; method of payment; defense witness fees payable by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 136.760 — OR Code / Title 14 / Chapter 136 / Section 136.760
136.760 Definitions for ORS 136.765 to 136.785
Status: in_force

As used in ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof) :

(1) “Accusatory instrument” has the meaning given that term in ORS 131.005 (General definitions) .

(2) “Enhancement fact” means a fact that is constitutionally required to be found by a jury in order to increase the sentence that may be imposed upon conviction of a crime. [2005 c.463 §1]

Note: 136.760 (Definitions for ORS 136.765 to 136.785) 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 136.760 — Definitions for ORS 136.765 to 136.785 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.100 — OR Code / Title 14 / Chapter 135 / Section 135.100
135.100 Statement of defendant
Status: in_force

If the defendant chooses to make a statement, the magistrate shall take it in a recorded proceeding without oath, and shall put to the defendant the following questions only:

(1) What is your name and age?

(2) Where were you born?

(3) Where do you reside and how long have you resided there?

(4) What is your business or occupation?

(5) Give any explanation you think proper of the circumstances appearing in the testimony against you and state any facts which you think will tend to your exculpation. [Formerly 133.690; 1991 c.790 §12]

Source: Section 135.100 — Statement of defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.185 — OR Code / Title 14 / Chapter 144 / Section 144.185
144.185 Records and information available to board
Status: in_force

Before making a determination regarding a prisoner’s release on parole as provided by ORS 144.125 (Review of parole plan, psychological reports and conduct prior to release) or 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment) , the State Board of Parole and Post-Prison Supervision may cause to be brought before it current records and information regarding the prisoner, including:

(1) Any relevant information which may be submitted by the prisoner, the prisoner’s attorney, the victim of the crime, the Department of Corrections, or by other persons;

(2) The presentence investigation report specified in ORS 144.791 (Presentence report in felony conviction cases) or if no such report has been prepared, a report of similar content prepared by institutional staff;

(3) The reports of any physical, mental and psychiatric examinations of the prisoner;

(4) The prisoner’s parole plan; and

(5) Other relevant information concerning the prisoner as may be reasonably available. [1973 c.694 §6; 1981 c.426 §3; 1985 c.283 §3; 1987 c.320 §55; 2019 c.634 §26]

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

Source: Section 144.185 — Records and information available to board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.520 — OR Code / Title 14 / Chapter 137 / Section 137.520
137.520 Power of committing magistrate to parole and grant temporary release to persons confined in county jail
Status: in_force

(1) The committing magistrate, having sentenced a defendant to confinement in a county jail for a period of up to one year, or as provided by rules adopted by the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989, may parole the defendant outside the county jail subject to condition and subject to being taken back into confinement upon the breach of such condition. When a court paroles a defendant under this subsection and the defendant is serving a sentence or sanction imposed under ORS 423.478 (Duties of department and counties) (2)(d) or (e), the court may order the local supervisory authority to supervise the defendant. The committing magistrate may also authorize, limit or prohibit the release of a sentenced defendant upon pass, furlough, leave, work or educational release.

(2) The committing magistrate, having sentenced a defendant to probation and having confined the defendant as a condition of that probation in a county jail for a period up to one year, or having imposed a sentence of probation with confinement in the county jail in accordance with rules adopted by the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989, may authorize, limit or prohibit the release of such person upon pass, furlough, leave, work or educational release.

(3) The sheriff of a county in which a defendant is confined in the county jail by sentence or as a condition of probation may allow the release of the defendant upon pass, furlough, leave, work or educational release unless otherwise ordered by the committing magistrate.

(4) A defendant confined in a county jail and placed upon educational release or upon work release shall, during the hours in which not so engaged or employed, be confined in the county jail unless the court by order otherwise directs or unless the sheriff otherwise directs in the absence of a contrary order by the court. The defendant’s net earnings shall be paid to the sheriff, who shall deduct therefrom and pay such sums as may be ordered by the court for the defendant’s board, restitution, fine, support of dependents and necessary personal expense. Any balance remaining shall be retained by the sheriff until the defendant’s discharge from custody, whereupon the balance shall be paid to the defendant. [Amended by 1959 c.345 §1; 1973 c.836 §270; 1981 c.568 §1; 1989 c.790 §15; 1993 c.14 §8; 1999 c.661 §1]

Source: Section 137.520 — Power of committing magistrate to parole and grant temporary release to persons confined in county jail; authority of sheriff to release persons confined in county jail; disposition of work release earnings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.605 — OR Code / Title 14 / Chapter 133 / Section 133.605
133.605 Use of force in executing warrants
Status: in_force

(1) The executing officer and other officers accompanying and assisting the officer may use the degree of force, short of deadly physical force, against persons, or to effect an entry, or to open containers, as is reasonably necessary for the execution of the search warrant with all practicable safety.

(2) The use of deadly physical force in the execution of a search warrant is justifiable only:

(a) If the officer reasonably believes that there is a substantial risk that things to be seized will be used to cause death or serious physical injury if their seizure is delayed and that the force used creates no substantial risk of injury to persons other than those obstructing the officer; or

(b) If the officer reasonably believes that the use of deadly physical force is necessary to defend the officer or another person from the use or threatened imminent use of deadly physical force. [1973 c.836 §89]

Source: Section 133.605 — Use of force in executing warrants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131a.240 — OR Code / Title 14 / Chapter 131a / Section 131a.240
131A.240 Response by affidavit
Status: in_force

(1) In lieu of filing a responsive pleading under ORS 131A.235 (Responsive pleading) , a financial institution holding an interest in the property may respond to a complaint with an affidavit establishing the financial institution’s interest in the property.

(2) In lieu of filing a responsive pleading under ORS 131A.235 (Responsive pleading) , a person who has an interest in the property by reason of being the transferee or conveyor of an interest in the property under a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 (Definitions for ORS 93.905 to 93.940) may respond to a complaint in a forfeiture action by filing an affidavit establishing that:

(a) The person did not take the property with the intent to defeat forfeiture of the property;

(b) The person did not know and did not have reason to know that the property constituted proceeds or an instrumentality of prohibited conduct; and

(c) The claimant did not acquiesce in the criminal conduct as described in ORS 131A.255 (Standards of proof in forfeiture action) (4).

(3) An affidavit under subsection (1) or (2) of this section must be filed within 30 days after service of the summons and complaint. The failure to file the affidavit or other responsive pleading under ORS 131A.235 (Responsive pleading) within the time allowed constitutes a default.

(4) A forfeiting agency may file objections to any or all of the assertions made in an affidavit filed under subsection (1) or (2) of this section. The objections must be filed within 20 days after the filing of an affidavit under subsection (1) or (2) of this section. The person filing the affidavit may respond to the objections by filing a supplemental affidavit limited to the matters stated in the affidavit of the forfeiting agency. The responding affidavit must be filed not later than five days after the forfeiting agency files objections.

(5) If a forfeiting agency does not file objections within the time allowed by subsection (4) of this section, the interest of the person filing the affidavit is conclusively established for all purposes under this chapter. [2009 c.78 §29]

Source: Section 131A.240 — Response by affidavit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 136.619 — OR Code / Title 14 / Chapter 136 / Section 136.619
136.619 Immunity of witness compelled to testify
Status: in_force

(1) A witness who, in compliance with a court order issued under ORS 33.085 (Compelling testimony of witness) or 136.617 (Motion to compel witness who may be incriminated to testify) , testifies or produces evidence that the witness would have been privileged to withhold but for the court order, may be prosecuted or subjected to any penalty or forfeiture for any matter about which the witness testified or produced evidence unless the prosecution, penalty or forfeiture is prohibited by section 12, Article I of the Oregon Constitution. The testimony of the witness or evidence produced or information derived from the testimony or evidence may not be used against the witness in any criminal prosecution. However, the witness may nevertheless be prosecuted or subjected to penalty for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. If a person refuses to testify after being ordered to testify as provided in this section, the person shall be subject to penalty for contempt of court for failure to comply with the order.

(2) Subsection (1) of this section shall not prevent the use of post-judgment collection procedures, including but not limited to wage withholding, income withholding, benefit withholding, assignment, garnishment or execution, based on matters about which a defendant testifies or produces evidence in compliance with a court order issued under ORS 136.617 (Motion to compel witness who may be incriminated to testify) in any proceeding for the imposition of remedial or punitive sanctions for contempt. [Formerly 139.200; 1981 c.882 §2; 1985 c.709 §1; 1991 c.724 §25b; 1997 c.313 §22]

Source: Section 136.619 — Immunity of witness compelled to testify , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.341 — OR Code / Title 14 / Chapter 144 / Section 144.341
144.341 Procedure upon arrest of violator
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, when the State Board of Parole and Post-Prison Supervision or the Department of Corrections orders the arrest and detention of an offender under ORS 144.331 (Suspension of parole or post-prison supervision) or 144.350 (Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release) , the offender arrested shall be held in a county jail for no more than 15 days.

(2) An offender may be held longer than 15 days:

(a) If the offender is being held for a combination of probation and parole violation;

(b) If the offender is being held pending prosecution on new criminal charges; or

(c) Pursuant to an agreement with a local jail authority. [1993 c.680 §32]

Note: 144.341 (Procedure upon arrest of violator) was added to and made a part of ORS chapter 144 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.341 — Procedure upon arrest of violator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.658 — OR Code / Title 14 / Chapter 137 / Section 137.658
137.658 Authority of chairperson to create committees within commission
Status: in_force

(1) The chairperson of the Oregon Criminal Justice Commission may create any committees within the commission as the chairperson may think necessary. Persons who are not commission members may be appointed as members to serve on the committees with the approval of the commission.

(2) The chairperson shall appoint members of committees created under this section in such a manner as to ensure representation from all segments of the criminal justice system that are affected by the work of the committee. In selecting members for committee assignments, the chairperson shall consider, but is not limited to, representatives from the following:

(a) The Attorney General;

(b) The Director of the Department of Corrections;

(c) The chairperson of the State Board of Parole and Post-Prison Supervision;

(d) The Superintendent of State Police;

(e) The chief administrative employee of the Psychiatric Security Review Board;

(f) The Director of Human Services;

(g) The Director of the Oregon Health Authority;

(h) The Director of the Oregon Youth Authority;

(i) Trial judges;

(j) Judges of the Oregon Supreme Court or Court of Appeals;

(k) Majority and minority parties of the House of Representatives and the Senate;

(L) District attorneys;

(m) Criminal defense attorneys;

(n) County sheriffs;

(o) County commissioners;

(p) County community corrections directors;

(q) Chiefs of police;

(r) Victims of crime;

(s) The public at large;

(t) The director of a nonprofit entity created for the purpose of increasing understanding of the adult and juvenile justice systems and promotion of effective policies for prevention and control of crime; and

(u) Private contract providers. [1995 c.420 §2; 1997 c.433 §3; 2001 c.900 §23; 2009 c.595 §98; 2019 c.598 §§4,5]

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

Source: Section 137.658 — Authority of chairperson to create committees within commission; Justice Reinvestment Program advisory committee; report to legislature , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.005 — OR Code / Title 14 / Chapter 133 / Section 133.005
133.005 Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450
Status: in_force

As used in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) to 133.400 (Recording of custodial interviews of adults) and 133.410 (Short title) to 133.450 (Return of arrest warrant) , unless the context requires otherwise:

(1) “Arrest” means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A “stop” as authorized under ORS 131.605 (Definitions for ORS 131.605 to 131.625) to 131.625 (Frisk of stopped persons) is not an arrest.

(2) “Federal officer” means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.

(3) “Peace officer” means:

(a) A member of the Oregon State Police;

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

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

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

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

(f) A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2), 475C.017 (General powers and duties) or 475C.301 (Enforcement authority of regulatory specialist) ;

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

(h) A judicial marshal appointed under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) who is trained pursuant to ORS 181A.540 (Certification of judicial marshals) .

(4) “Reserve officer” means an officer or member of a law enforcement agency who is:

(a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010 (Authorization to establish master plans and service districts) , the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;

(b) Armed with a firearm; and

(c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 §62; 1979 c.656 §1; 1981 c.808 §1; 1991 c.67 §25; 1993 c.254 §1; 1995 c.651 §6; 2009 c.11 §8; 2011 c.506 §7; 2011 c.641 §1; 2011 c.644 §§13,39; 2012 c.54 §§6,7; 2012 c.67 §§3,4; 2013 c.154 §§4,5; 2013 c.180 §8,9; 2015 c.174 §4; 2015 c.614 §§137,138; 2021 c.286 §1]

Source: Section 133.005 — Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 147.468 — OR Code / Title 14 / Chapter 147 / Section 147.468
147.468 Authority of Department of Justice
Status: in_force

To the extent that funds are available, the Department of Justice may:

(1) Pursue centralized training, technical assistance, policy development and implementation;

(2) Conduct statewide community outreach and public education;

(3) Develop innovative projects based on demonstrated effectiveness that address domestic and sexual violence;

(4) Provide information and policy advice based on current research and demonstrated effectiveness in Oregon and other states, including successful local strategies; and

(5) Compile, analyze and distribute materials to inform and support statewide coordinated planning. [2001 c.870 §27]

Note: See note under 147.450 (Definitions) .

Source: Section 147.468 — Authority of Department of Justice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.459 — OR Code / Title 14 / Chapter 147 / Section 147.459
147.459 Considerations in developing plan
Status: in_force

The Department of Justice, in developing the plan under ORS 147.456 (Plan for allocation of funds) , shall consider ways to:

(1) Balance funding for intervention, infrastructure and prevention services;

(2) Prioritize services;

(3) Utilize local community plans reflecting local program service needs;

(4) Establish programs and services for victims of both domestic violence and sexual assault;

(5) Establish programs that are culturally specific; and

(6) Ensure that there is a coordinated community response to domestic violence and sexual assault and, to the extent practicable, ensure that domestic violence and sexual assault services are coordinated with other community services. [2001 c.870 §29]

Note: See note under 147.450 (Definitions) .

Source: Section 147.459 — Considerations in developing plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.015 — OR Code / Title 14 / Chapter 144 / Section 144.015
144.015 Confirmation by Senate
Status: in_force

Except as provided in ORS 144.005 (State Board of Parole and Post-Prison Supervision) (2)(b), the appointment of a member of the State Board of Parole and Post-Prison Supervision is subject to confirmation by the Senate as provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) . [1969 c.597 §107; 1973 c.836 §282; 1985 c.565 §15; 2015 c.820 §38]

Source: Section 144.015 — Confirmation by Senate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 153.021 — OR Code / Title 14 / Chapter 153 / Section 153.021
153.021 Minimum fines
Status: in_force

(1) Unless a specific minimum fine is prescribed for a violation, and except as otherwise provided by law, the minimum fine a court shall impose for a violation that is subject to the presumptive fines established by ORS 153.019 (Presumptive fines) (1) or 153.020 (Presumptive fines) are as follows:

(a) $225 for a Class A violation.

(b) $135 for a Class B violation.

(c) $85 for a Class C violation.

(d) $65 for a Class D violation.

(e) $45 for a Class E violation.

(2) Notwithstanding subsection (1) of this section, a court may waive payment of the minimum fine described in this section, in whole or in part, if the court determines that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

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

(b) The extent to which that burden could be alleviated by allowing the defendant to pay the fine in installments or subject to other conditions set by the court.

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

(4) The Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of this section. In addition, the Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of ORS 137.145 (Definitions for ORS 137.145 to 137.159) to 137.159 (Level V obligations in circuit court judgments) and 153.640 (Disposition of fines for traffic offenses) to 153.680 (Costs) . The Department of Revenue or Secretary of State may file an action under ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal) to enforce the requirements of this section and of ORS 137.145 (Definitions for ORS 137.145 to 137.159) to 137.159 (Level V obligations in circuit court judgments) and 153.640 (Disposition of fines for traffic offenses) to 153.680 (Costs) . [2011 c.597 §4; 2012 c.89 §11; 2017 c.712 §3; 2021 c.591 §14; 2022 c.68 §1]

Source: Section 153.021 — Minimum fines; waiver; audit of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 144.086 — OR Code / Title 14 / Chapter 144 / Section 144.086
144.086 Supervision 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) Notwithstanding ORS 144.102 (Conditions of post-prison supervision) and 144.270 (Conditions of parole) , if a person who holds a registry identification card is released on post-prison supervision or parole, the supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as supervision conditions related to prescription drugs. [2016 c.24 §53; 2019 c.292 §9]

Source: Section 144.086 — Supervision conditions related to medical use of cannabis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.949 — OR Code / Title 14 / Chapter 135 / Section 135.949
135.949 Other programs authorized
Status: in_force

Nothing in ORS 135.941 (Early disposition programs) , 135.942 (Purposes of program) , 135.943 (Provisions of program) and 135.948 (Availability to probationers) or in the amendments to ORS 135.380 (Time of entering plea) , 135.385 (Defendant to be advised by court) , 135.390 (Determining voluntariness of plea) and 135.405 (Plea discussions and plea agreements) by sections 10 to 13, chapter 635, Oregon Laws 2001, prevents the implementation or continuation of an early disposition program other than one established under ORS 135.941 (Early disposition programs) . [2001 c.635 §15]

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

Source: Section 135.949 — Other programs authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.415 — OR Code / Title 14 / Chapter 136 / Section 136.415
136.415 Presumption of innocence
Status: in_force

"In 1934,…Oregon became the second state, after Louisiana, to allow nonunanimous juries in criminal cases." Bibliographic info

A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted. [Formerly 136.520]

Source: Section 136.415 — Presumption of innocence; acquittal in case of reasonable doubt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.101 — OR Code / Title 14 / Chapter 137 / Section 137.101
137.101 Compensatory fine
Status: in_force

(1) Whenever the court imposes a fine as penalty for the commission of a crime resulting in injury for which the person injured by the act constituting the crime has a remedy by civil action, unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction, the court may order that the defendant pay any portion of the fine separately to the clerk of the court as compensatory fines in the case. The clerk shall pay over to the injured victim or victims, as directed in the court’s order, moneys paid to the court as compensatory fines under this subsection. This section shall be liberally construed in favor of victims.

(2) Compensatory fines may be awarded in addition to restitution awarded under ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim) .

(3) Nothing in this section limits or impairs the right of a person injured by a defendant’s criminal acts to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay compensatory fines under this section may not be introduced in any civil action arising out of the facts or events which were the basis for the compensatory fine. However, the court in such civil action shall credit any compensatory fine paid by the defendant to a victim against any judgment for punitive damages in favor of the victim in the civil action. [1981 c.637 §2; 1987 c.2 §11]

Source: Section 137.101 — Compensatory fine , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 151.225 — OR Code / Title 14 / Chapter 151 / Section 151.225
151.225 Public Defense Services Account
Status: in_force

(1) The Public Defense Services Account is established in the State Treasury, separate and distinct from the General Fund. The Public Defense Services Account is continuously appropriated to the Oregon Public Defense Commission for:

(a) Administration and support of the public defense system;

(b) Reimbursement of the State Court Administrator under ORS 151.216 (Commission duties) (1)(i); and

(c) Legal representation of parents and children involved in foster care for which matching funds under 45 C.F.R. 1356.60(c) may be used.

(2) The following moneys shall be deposited in the Public Defense Services Account:

(a) Moneys received by the commission from the State Court Administrator under ORS 151.216 (Commission duties) (1)(i);

(b) Moneys received by the Judicial Department under ORS 135.050 (Eligibility for court-appointed counsel) (8), 151.487 (Ability to pay) (1), 419A.211 (Appointment of counsel) or 419B.198 (Responsibility for payment of costs related to provision of appointed counsel for child or ward) (1);

(c) Federal matching funds received under 45 C.F.R. 1356.60(c); and

(d) Miscellaneous revenues and receipts of the commission.

(3) All gifts, grants or contributions accepted by the commission under ORS 151.216 (Commission duties) shall be deposited in a separate subaccount created in the Public Defense Services Account to be used by the commission for the purpose for which the gift, grant or contribution was given or granted. [2001 c.962 §§5,106b; 2011 c.597 §43a; 2012 c.107 §37; 2015 c.27 §14; 2021 c.202 §4; 2021 c.678 §§7,7a; 2023 c.281 §6]

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

Source: Section 151.225 — Public Defense Services Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 147.500 — OR Code / Title 14 / Chapter 147 / Section 147.500
147.500 Definitions
Status: in_force

As used in ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) :

(1) “Authorized prosecuting attorney” means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution.

(2) “Claim” means the allegation and proposed remedy described in ORS 147.515 (Claims) (1).

(3) “Crime” includes an act committed by a person who is under 18 years of age that, if committed by an adult, would constitute a misdemeanor or felony.

(4) “Criminal proceeding” means an action at law in which a person is alleged, or has been adjudicated, to have committed a crime for which there is a victim and that is conducted in the trial court before or after sentencing or disposition.

(5) “Critical stage of the proceeding” means:

(a) Release hearings or hearings to modify the conditions of release, except hearings concerning release decisions at arraignment;

(b) Preliminary hearings;

(c) Hearings related to the rescheduling of trial;

(d) Hearings on motions or petitions:

(A) Conducted pursuant to ORS 40.210 (Rule 412. Sex offense cases) or 135.139 (Notice of availability of testing for HIV and other communicable diseases to person charged with crime) ;

(B) To amend, dismiss or set aside a charge, conviction, order or judgment; or

(C) To suppress or exclude evidence;

(e) Entry of guilty or no contest pleas;

(f) Trial;

(g) Restitution hearings;

(h) Sentencing;

(i) Probation violation or revocation hearings if the crime of conviction is a felony or person Class A misdemeanor and the victim has requested notice of the hearing from the prosecuting attorney or the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined) ;

(j) Hearings for relief from the requirement to report as a sex offender or for the reclassification of a sex offender;

(k) Hearings related to a deferred sentencing agreement;

(L) Hearings designated as a critical stage of the proceeding in ORS 419C.273 (Right of victim to be present at proceedings) ; and

(m) Any other stage of a criminal proceeding the court determines is a critical stage of the proceeding for purposes of section 42, Article I of the Oregon Constitution.

(6) “Defendant” includes a person under 18 years of age alleged to be within the jurisdiction of the juvenile court under ORS chapter 419C.

(7) “Plea hearing” means a hearing in which a defendant enters a plea of guilty or no contest.

(8) “Plea of guilty or no contest” includes:

(a) An admission by a person under 18 years of age that the person is within the jurisdiction of the juvenile court; and

(b) If a juvenile court petition has been filed, entering into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) or entering an authorized diversion program under ORS 419C.225 (Authorized diversion programs) .

(9) “Prosecuting attorney” means a district attorney as defined in ORS 131.005 (General definitions) . In a criminal proceeding conducted in the juvenile court, “prosecuting attorney” includes the juvenile department.

(10) “Reasonable efforts to inform the victim” includes, but is not limited to, providing information orally, in writing, electronically or by mail to the victim’s last known address.

(11) “Sentencing hearing” includes the dispositional phase of a juvenile delinquency proceeding under ORS chapter 419C.

(12) “Trial court” includes the juvenile court.

(13) “Victim” means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of the crime alleged in the criminal proceeding and, in the case of a victim who is a minor, the legal guardian of the minor.

(14) “Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense. [2009 c.178 §1; 2013 c.708 §15a]

Note: 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) 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 147.500 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.579 — OR Code / Title 14 / Chapter 131 / Section 131.579
131.579 Affidavit in response to notice of seizure for forfeiture
Status: in_force

(1) Intentionally left blank —Ed.

(a) A financial institution holding an interest in property seized under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquired:

(A) In the regular course of business as a financial institution;

(B) For valuable consideration;

(C) Without knowledge of the prohibited conduct;

(D) In good faith and without intent to defeat the interest of any potential seizing agency; and

(E) With respect to personal property, prior to the seizure of the property, or with respect to real property, recorded prior to the recording of notice of the seizure of the real property in the mortgage records of the county in which the real property is located.

(b) Failure to file an affidavit constitutes a default. The affidavit must be filed within 30 days from the date of service under ORS 131.570 (Notice of seizure for forfeiture) .

(2) Notwithstanding the provisions of subsection (1) of this section, any person, other than a financial institution, who transfers or conveys an interest in real property pursuant to a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 (Definitions for ORS 93.905 to 93.940) and who retains an interest in the real property, or any successor in interest, may respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the person:

(a) Received the interest in return for valuable consideration or by way of devise or intestate succession;

(b) Had no knowledge at the time of transfer or conveyance of the prohibited conduct;

(c) Acted in good faith and without intent to defeat the interest of any potential seizing agency;

(d) Recorded the interest in the mortgage records of the county in which the real property is located prior to the recording of any notice of intent to seize or notice of seizure; and

(e) Continued to hold the interest without acquiescing in the prohibited conduct.

(3) The affidavit permitted by subsection (2) of this section must be filed within 30 days from the date of service under ORS 131.570 (Notice of seizure for forfeiture) . Failure to file an affidavit as set forth in subsection (2) of this section constitutes a default.

(4) In response to an affidavit filed under subsection (2) of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection (2) of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) .

(5) If the seizing agency files an affidavit under subsection (4) of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS 131.582 (Prosecution of criminal forfeiture) . [2005 c.830 §11]

Source: Section 131.579 — Affidavit in response to notice of seizure for forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.050 — OR Code / Title 14 / Chapter 144 / Section 144.050
144.050 Power of board to authorize parole
Status: in_force

Subject to applicable laws, the State Board of Parole and Post-Prison Supervision may authorize any adult in custody, who is committed to the legal and physical custody of the Department of Corrections for an offense committed prior to November 1, 1989, to go upon parole subject to being arrested and detained under written order of the board or as provided in ORS 144.350 (Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release) . The state board may establish rules applicable to parole. [Amended by 1959 c.101 §1; 1967 c.372 §7; 1969 c.597 §109; 1971 c.633 §10; 1973 c.694 §2; 1973 c.836 §285; 1974 c.36 §3; 1981 c.243 §1; 1987 c.320 §48; 1989 c.790 §25; 2019 c.213 §25]

Source: Section 144.050 — Power of board to authorize parole; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.370 — OR Code / Title 14 / Chapter 144 / Section 144.370
144.370 Suspension of parole or post-prison supervision following order for arrest and detention
Status: in_force

Within 15 days after the issuance of an order, under the provisions of ORS 144.350 (Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release) , the board may order suspension of the detained person’s parole or post-prison supervision. A hearing shall then be conducted as promptly as convenient pursuant to ORS 144.343 (Hearing required on revocation) . [Amended by 1973 c.694 §10; 1973 c.836 §299; 1974 c.36 §7; 1981 c.644 §9; 1983 c.740 §19; 1991 c.108 §2]

Source: Section 144.370 — Suspension of parole or post-prison supervision following order for arrest and detention; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.510 — OR Code / Title 14 / Chapter 135 / Section 135.510
135.510 Grounds for motion to set aside the indictment
Status: in_force

(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases:

(a) When it is not found, indorsed and presented as prescribed in ORS 132.360 (Number of jurors required to concur) , 132.400 (Indorsement of indictment as “a true bill.”) to 132.430 (Finding against indictment) and 132.580 (Names of grand jury witnesses required on indictment) .

(b) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.

(2) Subsection (1)(b) of this section does not apply if the absence of a witness’s name is permitted under ORS 132.580 (Names of grand jury witnesses required on indictment) . [Amended by 1959 c.426 §2; 1973 c.836 §178; 2019 c.338 §3]

Source: Section 135.510 — Grounds for motion to set aside the indictment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 147.125 — OR Code / Title 14 / Chapter 147 / Section 147.125
147.125 Determining amount of compensation
Status: in_force

(1) In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105 (Application for compensation) , and:

(a) Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person;

(b) Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victim’s survivors or dependents as determined under ORS 147.035 (Compensable losses) ;

(c) Except as provided in paragraph (d) of this subsection, shall deduct the amount of benefits, payments or awards that are payable under the Workers’ Compensation Law, from local governmental, state or federal funds or from any source, and that the victim or survivors or dependents of the victim have received or to which the victim or survivors or dependents of the victim are entitled as a result of the death or injury of the victim;

(d) Shall not deduct the amount of proceeds from life insurance or contributions from the community that the survivors or dependents of the victim have received or to which the survivors or dependents of the victim are entitled as a result of the death of the victim;

(e) Shall consider the amount of money available for victim compensation awards as provided in the current biennial department budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against that money; and

(f) Shall award the resultant amount to the applicant as provided in ORS 147.165 (Payment of awards) .

(2) In determining the amount of an award to be made to an applicant, the department may consider the number and type of claims filed and anticipated to be filed with the department during the current biennial budget period. If the department determines that insufficient funds will be available during the current biennial budget period to pay all filed and anticipated awards, it may prioritize claims or prorate awards based upon the anticipated available funds. The department’s decision to prioritize or prorate claims or awards is not subject to administrative or judicial review, including review under ORS 147.155 (Appeal to Workers’ Compensation Board) . [1977 c.376 §10; 1987 c.770 §5; 1989 c.542 §4; 1991 c.862 §6; 1999 c.128 §1; 2001 c.372 §1; 2023 c.318 §7]

Source: Section 147.125 — Determining amount of compensation; deduction of other benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.360 — OR Code / Title 14 / Chapter 144 / Section 144.360
144.360 Effect of order for arrest and detention of violator
Status: in_force

Any order issued by the Department of Corrections or other supervisory authority as authorized by ORS 144.350 (Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release) constitutes full authority for the arrest and detention of the violator, and all the laws applicable to warrants of arrest shall apply to such orders. [Amended by 1973 c.836 §298; 1987 c.320 §64; 1995 c.423 §26]

Source: Section 144.360 — Effect of order for arrest and detention of violator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.435 — OR Code / Title 14 / Chapter 135 / Section 135.435
135.435 Discussion and agreement not admissible
Status: in_force

(1) Except as provided in subsection (2) of this section, none of the following shall be received in evidence for or against a defendant in any criminal or civil action or administrative proceeding:

(a) The fact that the defendant or the counsel of the defendant and the district attorney engaged in plea discussions.

(b) The fact that the defendant or the attorney of the defendant made a plea agreement with the district attorney.

(c) Any statement or admission made by the defendant or the attorney of the defendant to the district attorney and as a part of the plea discussion or agreement.

(2) The provisions of subsection (1) of this section shall not apply if, subsequent to the plea discussions or plea agreement, the defendant enters a plea of guilty or no contest which is not withdrawn. [1973 c.836 §174]

Source: Section 135.435 — Discussion and agreement not admissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.059 — OR Code / Title 14 / Chapter 144 / Section 144.059
144.059 State Board of Parole and Post-Prison Supervision Account
Status: in_force

The State Board of Parole and Post-Prison Supervision Account is established separate and distinct from the General Fund. All moneys received by the State Board of Parole and Post-Prison Supervision, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. [2001 c.716 §2]

Note: 144.059 (State Board of Parole and Post-Prison Supervision Account) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.059 — State Board of Parole and Post-Prison Supervision Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.605 — OR Code / Title 14 / Chapter 147 / Section 147.605
147.605 Definitions for ORS 147.607 and 147.610
Status: in_force

As used in ORS 147.607 (Legislative findings) and 147.610 (Confidentiality of restorative justice communications) :

(1) “Offender” means a person who has engaged in the commission of a crime.

(2) “Participant” means a person who is a crime victim, survivor or offender.

(3) “Restorative justice communication” means:

(a) All communications, written and oral that are made in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program.

(b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program.

(4) “Restorative justice program” means a community-based program administered by a private or public entity that offers as a part of the program a facilitated dialogue between a crime victim or a survivor and the offender.

(5) “Survivor” means a person who has experienced harm as a result of an offender’s crime. [2023 c.95 §1]

Note: 147.605 (Definitions for ORS 147.607 and 147.610) to 147.610 (Confidentiality of restorative justice communications) 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 147.605 — Definitions for ORS 147.607 and 147.610 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 136.535 — OR Code / Title 14 / Chapter 136 / Section 136.535
136.535 New trial
Status: in_force

(1) Except that a new trial may not be granted on application of the state, ORS 19.430 (Review of trial court order granting a new trial on court’s own initiative) and ORCP 64 A, B and D to G apply to and regulate new trials in criminal actions.

(2) The provisions of ORCP 64 F governing motions for a new trial apply to and regulate motions in arrest of judgment in criminal actions. [Formerly 136.851; 1979 c.284 §114; 2003 c.288 §1; 2009 c.112 §1]

Source: Section 136.535 — New trial; application of ORCP 64 F to motion in arrest of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.020 — OR Code / Title 14 / Chapter 133 / Section 133.020
133.020 Magistrate defined
Status: in_force

A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.

Source: Section 133.020 — Magistrate defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.310 — OR Code / Title 14 / Chapter 138 / Section 138.310
138.310 Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation
Status: in_force

When the executive director of the Oregon Public Defense Commission pays costs, expenses or compensation under ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) (5) on appeal in a criminal action, the executive director shall notify the court below of the costs, expenses and compensation paid in order that the court below may exercise its discretion under ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) or 161.665 (Costs) (2). [1983 c.763 §14; 1989 c.1053 §10; 1991 c.790 §16; 1997 c.761 §11; 2001 c.962 §69; 2007 c.291 §2; 2023 c.281 §28]

Source: Section 138.310 — Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.437 — OR Code / Title 14 / Chapter 136 / Section 136.437
136.437 Use of evidence in prosecution of prostitution offense
Status: in_force

(1) If a person contacts an emergency communications system or a law enforcement agency to report the commission of a person felony, any statements or other evidence relating to the crime of prostitution under ORS 167.007 (Prostitution) obtained as a result of the person making the report may not be used in the prosecution of the person for prostitution or attempted prostitution.

(2) The prohibition on the use of statements or other evidence described in this section does not apply to evidence relating to a criminal offense other than prostitution, or to the prosecution of an offense other than prostitution or attempted prostitution.

(3) As used in this section:

(a) “Emergency communications system” has the meaning given that term in ORS 403.105 (Definitions for ORS 305.823 and 403.105 to 403.250) .

(b) “Person felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission. [2019 c.179 §1]

Note: 136.437 (Use of evidence in prosecution of prostitution offense) 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 136.437 — Use of evidence in prosecution of prostitution offense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.030 — OR Code / Title 14 / Chapter 135 / Section 135.030
135.030 When presence of defendant is required
Status: in_force

(1) When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment.

(2) When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel.

(3) The court may require a defendant to appear at the arraignment by simultaneous electronic transmission as provided in ORS 131.045 (Appearances by simultaneous electronic transmission) without the agreement of the state or defendant if the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly 135.110; 1983 c.344 §3; 2005 c.566 §5]

Source: Section 135.030 — When presence of defendant is required; appearance by counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.310 — OR Code / Title 14 / Chapter 133 / Section 133.310
133.310 Authority of peace officer to arrest without warrant
Status: in_force

(1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following:

(a) A felony.

(b) A misdemeanor.

(c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.

(d) Any other crime committed in the officer’s presence.

(2) A peace officer may arrest a person without a warrant when the peace officer is notified by telegraph, telephone, radio or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer’s jurisdiction.

(3) A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that:

(a) There exists an order issued pursuant to ORS 30.866 (Action for issuance or violation of stalking protective order) , 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(c) or (d), 107.716 (Hearing) , 107.718 (Restraining order) , 124.015 (Hearing upon request of respondent) , 124.020 (Ex parte hearing) , 133.035 (Ex parte emergency protective orders) , 163.738 (Effect of citation) , 163.765 (Restraining order) , 163.767 (Hearing) or 419B.845 (Restraining order when child abuse alleged) restraining the person;

(b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720 (Enforcement of restraining orders) , 124.030 (Proof of service of restraining order to be delivered to sheriff) , 133.035 (Ex parte emergency protective orders) , 163.741 (Service of stalking protective order) , 163.773 (Enforcement of restraining order) or 419B.845 (Restraining order when child abuse alleged) ; and

(c) The person to be arrested has violated the terms of that order.

(4) A peace officer shall arrest and take into custody a person without a warrant if:

(a) The person protected by a foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) presents a physical or electronic copy of the foreign restraining order to the officer and represents to the officer that the order supplied is the most recent order in effect between the parties and that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and

(b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

(5) A peace officer shall arrest and take into custody a person without a warrant if:

(a) A foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) has been filed with a court or has been entered into the Law Enforcement Data System or in the databases of the National Crime Information Center of the United States Department of Justice; and

(b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

(6) A peace officer shall arrest and take into custody a person without a warrant if the peace officer has probable cause to believe:

(a) The person has been charged with an offense and is presently released as to that charge under ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) ; and

(b) The person has failed to comply with a no contact condition of the release agreement. [Amended by 1963 c.448 §1; 1973 c.836 §72; 1974 c.42 §2; 1977 c.845 §2; 1979 c.522 §2; 1981 c.780 §8; 1981 c.818 §2; 1983 c.338 §887; 1983 c.661 §7; 1987 c.730 §4a; 1989 c.171 §15; 1991 c.208 §2; 1991 c.222 §2; 1993 c.626 §10; 1993 c.731 §3; 1995 c.353 §11; 1995 c.666 §24; 1997 c.249 §45; 1997 c.863 §2; 1999 c.250 §2; 1999 c.1040 §8; 1999 c.1051 §68; 2005 c.753 §1; 2013 c.687 §15; 2015 c.252 §2; 2021 c.326 §3]

Source: Section 133.310 — Authority of peace officer to arrest without warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.685 — OR Code / Title 14 / Chapter 131 / Section 131.685
131.685 Authority of Governor to enter into agreements with other states for crime prevention purposes
Status: in_force

The Governor of Oregon may enter into agreements or compacts with the Governor of any or all the States of Washington, Idaho, California and Nevada, each acting on behalf of the own state of the Governor, in order to effectuate cooperative effort and mutual assistance in the prevention of crime in those states and in the enforcement of their respective criminal laws and policies. [Formerly 145.060]

Source: Section 131.685 — Authority of Governor to enter into agreements with other states for crime prevention purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.120 — OR Code / Title 14 / Chapter 137 / Section 137.120
137.120 Term of sentence
Status: in_force

(1) Whenever any person is convicted of a felony committed prior to November 1, 1989, the court shall, unless it imposes other than a sentence to serve a term of imprisonment in the custody of the Department of Corrections, sentence such person to imprisonment for an indeterminate period of time, but stating and fixing in the judgment and sentence a maximum term for the crime, which shall not exceed the maximum term of imprisonment provided by law therefor; and judgment shall be given accordingly. Such a sentence shall be known as an indeterminate sentence. The court shall state on the record the reasons for the sentence imposed.

(2) Whenever any person is convicted of a felony committed on or after November 1, 1989, the court shall impose sentence in accordance with rules of the Oregon Criminal Justice Commission.

(3) This section does not affect the indictment, prosecution, trial, verdict, judgment or punishment of any felony committed before June 14, 1939, and all laws now and before that date in effect relating to such a felony are continued in full force and effect as to such a felony. [Amended by 1967 c.372 §2; 1971 c.743 §324; 1977 c.372 §12; 1987 c.320 §29; 1989 c.790 §11]

Source: Section 137.120 — Term of sentence; reasons to be stated on record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.553 — OR Code / Title 14 / Chapter 137 / Section 137.553
137.553 Use of citations for probation violations authorized
Status: in_force

(1) In addition to any authority granted under ORS 137.545 (Period of probation) , a court may authorize the use of citations to direct its probationers who violate conditions of probation to appear before the court. The following apply to the use of citations under this subsection:

(a) A court may authorize issuance of citations under this subsection only by officers who are permitted under ORS 137.545 (Period of probation) to make an arrest without a warrant.

(b) Nothing in this subsection limits the authority, under ORS 137.545 (Period of probation) , of a parole and probation officer, police officer or other officer to arrest for violation of conditions of probation even if the officer is authorized under this section to issue a citation.

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

(2) The cited probationer shall appear before the court at the time, date and court specified in the citation. If the probationer fails to appear at the time, date and court specified in the citation, the court may issue a warrant of arrest, upon the request of the supervisor of probation, or upon request of the district attorney, or upon the court’s own motion. [1987 c.761 §2; 2005 c.264 §6]

Source: Section 137.553 — Use of citations for probation violations authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131.225 — OR Code / Title 14 / Chapter 131 / Section 131.225
131.225 Exceptions
Status: in_force

(1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS 131.215 (Jurisdiction) (1) does not apply if:

(a) Either causing a specified result or an intent to cause or danger of causing that result is an element of an offense; and

(b) The result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense.

(2) ORS 131.215 (Jurisdiction) (1) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside this state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within this state. [1973 c.836 §11]

Source: Section 131.225 — Exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.090 — OR Code / Title 14 / Chapter 135 / Section 135.090
135.090 Examination of adverse witnesses
Status: in_force

The witnesses shall be examined in the presence of the defendant and may be cross-examined in behalf of the defendant or against the defendant. [Formerly 133.670]

Source: Section 135.090 — Examination of adverse witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.020 — OR Code / Title 14 / Chapter 137 / Section 137.020
137.020 Time for pronouncing judgment
Status: in_force

(1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court shall appoint a time for pronouncing judgment.

(2) Intentionally left blank —Ed.

(a) The time appointed shall be at least two calendar days after the plea or verdict if the court intends to remain in session so long. If the court does not intend to remain in session at least two calendar days, the time appointed may be sooner than two calendar days, but shall be as remote a time as can reasonably be allowed. However, in the latter case, the judgment shall not be given less than six hours after the plea or verdict, except with the consent of the defendant.

(b) Except for good cause shown or as otherwise provided in this paragraph, a court shall not delay for more than 31 calendar days after the plea or verdict the sentencing of a defendant held in custody on account of the pending proceedings. Except for good cause shown or as otherwise provided in this paragraph, a court shall not delay for more than 56 calendar days after the plea or verdict the sentencing of a defendant not held in custody on account of the pending proceedings. If the defendant is not in custody and the court does not pronounce judgment within 56 calendar days after the plea or verdict, any period of probation imposed as a part of a subsequent judgment shall begin to run from the date of the plea or verdict.

(3) If the defendant is in custody following the verdict, the court shall pronounce judgment as soon as practicable, but in any case within seven calendar days following the verdict if no presentence investigation is ordered, and within seven calendar days after delivery of the presentence report to the court if a presentence investigation has been ordered; however, the court may delay pronouncement of judgment beyond the limits of this subsection for good cause shown.

(4) If the final calendar day a defendant must be sentenced is not a judicial day then sentencing may be delayed until the next judicial day.

(5) Intentionally left blank —Ed.

(a) At the time a court pronounces judgment the defendant, if present, shall be advised of the right to appeal and of the procedure for protecting that right. If the defendant is not present, the court shall advise the defendant in writing of the right to appeal and of the procedure for protecting that right.

(b) If the trial court sentences the defendant subsequent to a plea of guilty or no contest or upon probation revocation or sentence suspension, or if the trial court sentences the defendant after judgment of an appellate court or a post-conviction relief court, the court shall advise the defendant of the limitations on reviewability imposed by ORS 138.105 (Appeal by defendant) in person or, if the defendant is not present, in writing.

(6) If the defendant is financially eligible for appointment of counsel at state expense on appeal under ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) , trial counsel shall determine whether the defendant wishes to pursue an appeal. If the defendant wishes to pursue an appeal, trial counsel shall transmit to the Oregon Public Defense Commission, on a form prepared by the office, information necessary to perfect the appeal. [Amended by 1971 c.565 §18a; 1987 c.242 §1; 1991 c.111 §12; 2001 c.644 §4; 2003 c.14 §57; 2017 c.529 §23; 2023 c.281 §27]

Source: Section 137.020 — Time for pronouncing judgment; delay; notice of right to appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.530 — OR Code / Title 14 / Chapter 147 / Section 147.530
147.530 Hearing on claim, response or motion
Status: in_force

(1) A hearing on a claim, a response filed under ORS 147.517 (Notice) (4) or a motion filed under ORS 147.522 (Issue that will have impact on trial) shall be conducted in accordance with this section.

(2) At the hearing, the court may receive evidence relevant to the claim or motion.

(3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence.

(4) If the court determines that the moving party:

(a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order.

(b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief.

(5) An order issued under subsection (4) of this section must:

(a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date.

(b) Except as provided in ORS 147.517 (Notice) (4)(b)(B), include the reasons relief was granted or denied.

(6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517 (Notice) (4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (Notice) (1)(a). [2009 c.178 §11; 2013 c.224 §2]

Note: See note under 147.500 (Definitions) .

Source: Section 147.530 — Hearing on claim, response or motion; order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 151.219 — OR Code / Title 14 / Chapter 151 / Section 151.219
151.219 Executive director
Status: in_force

(1) The executive director of the Oregon Public Defense Commission shall:

(a) Designate a deputy director of the commission who serves at the pleasure of the executive director.

(b) Hire necessary staff for the commission.

(c) Recommend to the commission how to establish and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and, where applicable, financially eligible for, appointed counsel at state expense under Oregon statutes, the Oregon Constitution, the United States Constitution and consistent with Oregon and national standards of justice.

(d) Implement and ensure compliance with contracts, policies, procedures, standards and guidelines adopted by the commission or required by statute.

(e) Prepare and submit to the commission for its approval the biennial budget of the commission.

(f) Negotiate contracts, as appropriate, for providing legal services to persons eligible for appointed counsel at state expense.

(g) Employ personnel or contract for services as necessary to carry out the responsibilities of the executive director and the commission.

(h) Supervise the personnel, operation and activities of the commission.

(i) Provide services, facilities and materials necessary for the performance of the duties, functions and powers of the commission.

(j) Pay the expenses of the commission.

(k) Prepare and submit to the members of the commission an annual report of the activities of the commission.

(L) Provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission who require such services or who are named as defendants in lawsuits arising from their duties, functions and responsibilities. If requested by the executive director, the Attorney General may also provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission in litigation.

(2) The executive director may:

(a) Designate persons as representatives of the executive director for the purposes of determining and paying bills submitted to the commission and determining preauthorization for incurring fees and expenses under ORS 135.055 (Compensation and expenses of appointed counsel) .

(b) Establish an external advisory group to assist in developing the standard operating expectations for persons and entities providing public defense services. [2001 c.962 §§4,106a; 2003 c.449 §§3,4; 2021 c.597 §10; 2023 c.281 §4]

Note: The amendments to 151.219 (Executive director) by section 95, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

151.219 (Executive director) (1) The executive director of the Oregon Public Defense Commission shall:

(a) Designate a deputy director of the commission who serves at the pleasure of the executive director.

(b) Hire necessary staff for the commission.

(c) Recommend to the commission how to establish and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and, where applicable, financially eligible for, appointed counsel at state expense under Oregon statutes, the Oregon Constitution, the United States Constitution and consistent with Oregon and national standards of justice.

(d) Implement and ensure compliance with contracts, policies, procedures, standards and guidelines adopted by the commission or required by statute.

(e) Prepare and submit to the commission for its approval the biennial budget of the commission.

(f) Negotiate contracts, as appropriate, for providing legal services to persons eligible for appointed counsel at state expense in accordance with ORS 151.216 (Commission duties) (5) and (6).

(g) Employ personnel or contract for services as necessary to carry out the responsibilities of the executive director and the commission.

(h) Supervise the personnel, operation and activities of the commission.

(i) Provide services, facilities and materials necessary for the performance of the duties, functions and powers of the commission.

(j) Pay the expenses of the commission.

(k) Prepare and submit to the members of the commission an annual report of the activities of the commission.

(L) Provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission who require such services or who are named as defendants in lawsuits arising from their duties, functions and responsibilities. If requested by the executive director, the Attorney General may also provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission in litigation.

(2) The executive director may:

(a) Designate persons as representatives of the executive director for the purposes of determining and paying bills submitted to the commission and determining preauthorization for incurring fees and expenses under ORS 135.055 (Compensation and expenses of appointed counsel) .

(b) Establish an external advisory group to assist in developing the standard operating expectations for persons and entities providing public defense services.

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

Note: Section 14 (3)(a), chapter 281, Oregon Laws 2023, provides:

Sec. 14. (3)(a) Notwithstanding ORS 151.213 (Oregon Public Defense Commission) (6)(b), and subject to the provisions of sections 92 (3) and 102 (2) of this 2023 Act, on January 1, 2024, the public defense services executive director shall begin a four-year term as executive director of the Oregon Public Defense Commission, and is subject to termination or reappointment as described in ORS 151.213 (Oregon Public Defense Commission) (6)(b). [2023 c.281 §14(3)(a)]

Note: Section 92 (3)(b), chapter 281, Oregon Laws 2023, provides:

Sec. 92. (3)(b) The person serving as executive director of the Oregon Public Defense Commission on January 1, 2025, may finish the person’s term as executive director and is eligible for reappointment, but, beginning on January 1, 2025, and continuing until July 1, 2027, serves at the pleasure of the Governor. [2023 c.281 §92(3)(b)]

Note: Section 102 (2)(b), chapter 281, Oregon Laws 2023, provides:

Sec. 102. (2)(b) The person serving as executive director of the Oregon Public Defense Commission on July 1, 2027, may finish the person’s term as executive director and is eligible for reappointment, but, beginning on July 1, 2027, serves at the pleasure of the voting members of the commission. [2023 c.281 §102(2)(b)]

Source: Section 151.219 — Executive director; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 131.005 — OR Code / Title 14 / Chapter 131 / Section 131.005
131.005 General definitions
Status: in_force

As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise:

(1) “Accusatory instrument” means a grand jury indictment, an information or a complaint.

(2) “Bench warrant” means a process of a court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action.

(3) “Complaint” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof.

(4) “Complainant’s information” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof.

(5) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. “Correctional facility” does not include a youth correction facility as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 (Incapacity due to immaturity) to 161.373 (Records for fitness to proceed examination) .

(6) “Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.

(7) “Criminal proceeding” means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action.

(8) “District attorney,” in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General.

(9) “District attorney’s information” means a written accusation by a district attorney and:

(a) If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or

(b) If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or

(c) If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof.

(10) “Information” means a district attorney’s information or a complainant’s information.

(11) “Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.

(12) “Trial court” means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument.

(13) “Ultimate trial jurisdiction” means the jurisdiction of a court over a criminal action or proceeding at the highest trial level.

(14) “Warrant of arrest” means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced. [1973 c.836 §1; 1983 c.760 §1; 1995 c.738 §3; 1997 c.249 §42; 1997 c.801 §101; 1999 c.1051 §122; 2017 c.634 §1]

Note: Legislative Counsel has substituted “chapter 836, Oregon Laws 1973,” for the words “this Act” in sections 1 and 2, chapter 836, Oregon Laws 1973, compiled as 131.005 (General definitions) and 131.015 (Application to prior and subsequent actions) . 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 1973 Comparative Section Table located in Volume 22 of ORS.

Source: Section 131.005 — General definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.602 — OR Code / Title 14 / Chapter 131 / Section 131.602
131.602 Prohibited conduct for purposes of instrumentalities of crime
Status: in_force

The crimes to which ORS 131.550 (Definitions for ORS 131.550 to 131.600) (12)(b) applies are:

(1) Bribe giving, as defined in ORS 162.015 (Bribe giving) .

(2) Bribe receiving, as defined in ORS 162.025 (Bribe receiving) .

(3) Public investment fraud, as defined in ORS 162.117 (Public investment fraud) .

(4) Bribing a witness, as defined in ORS 162.265 (Bribing a witness) .

(5) Bribe receiving by a witness, as defined in ORS 162.275 (Bribe receiving by a witness) .

(6) Simulating legal process, as defined in ORS 162.355 (Simulating legal process) .

(7) Official misconduct in the first degree, as defined in ORS 162.415 (Official misconduct in the first degree) .

(8) Assisting another person to commit suicide, as defined in ORS 163.193 (Assisting another person to commit suicide) .

(9) Custodial interference in the second degree, as defined in ORS 163.245 (Custodial interference in the second degree) .

(10) Custodial interference in the first degree, as defined in ORS 163.257 (Custodial interference in the first degree) .

(11) Buying or selling a person under 18 years of age, as defined in ORS 163.537 (Buying or selling a person under 18 years of age) .

(12) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670 (Using child in display of sexually explicit conduct) .

(13) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684 (Encouraging child sexual abuse in the first degree) .

(14) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686 (Encouraging child sexual abuse in the second degree) .

(15) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687 (Encouraging child sexual abuse in the third degree) .

(16) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree) .

(17) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree) .

(18) Theft in the second degree, as defined in ORS 164.045 (Theft in the second degree) .

(19) Theft in the first degree, as defined in ORS 164.055 (Theft in the first degree) .

(20) Aggravated theft in the first degree, as defined in ORS 164.057 (Aggravated theft in the first degree) .

(21) Extortion, as defined in ORS 164.075 (Extortion) .

(22) Theft by deception, as defined in ORS 164.085 (Theft by deception) , if it is a felony or a Class A misdemeanor.

(23) Theft by receiving, as defined in ORS 164.095 (Theft by receiving) , if it is a felony or a Class A misdemeanor.

(24) Theft of services, as defined in ORS 164.125 (Theft of services) , if it is a felony or a Class A misdemeanor.

(25) Unauthorized use of a vehicle, as defined in ORS 164.135 (Unauthorized use of a vehicle) .

(26) Mail theft or receipt of stolen mail, as defined in ORS 164.162 (Mail theft or receipt of stolen mail) .

(27) Laundering a monetary instrument, as defined in ORS 164.170 (Laundering a monetary instrument) .

(28) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172 (Engaging in a financial transaction in property derived from unlawful activity) .

(29) Burglary in the second degree, as defined in ORS 164.215 (Burglary in the second degree) .

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

(31) Possession of a burglary tool or theft device, as defined in ORS 164.235 (Possession of a burglary tool or theft device) .

(32) Unlawful entry into a motor vehicle, as defined in ORS 164.272 (Unlawful entry into a motor vehicle) .

(33) Arson in the second degree, as defined in ORS 164.315 (Arson in the second degree) .

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

(35) Computer crime, as defined in ORS 164.377 (Computer crime) .

(36) Robbery in the third degree, as defined in ORS 164.395 (Robbery in the third degree) .

(37) Robbery in the second degree, as defined in ORS 164.405 (Robbery in the second degree) .

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

(39) Unlawful labeling of a sound recording, as defined in ORS 164.868 (Unlawful labeling of a sound recording) .

(40) Unlawful recording of a live performance, as defined in ORS 164.869 (Unlawful recording of a live performance) .

(41) Unlawful labeling of a videotape recording, as defined in ORS 164.872 (Unlawful labeling of a videotape recording) .

(42) A violation of ORS 164.886 (Unlawful tree spiking) .

(43) Intentionally left blank —Ed.

(a) Endangering aircraft in the first degree, as defined in ORS 164.885 (Endangering aircraft) .

(b) Endangering aircraft in the second degree, as defined in ORS 164.885 (Endangering aircraft) .

(44) Interference with agricultural operations, as defined in ORS 164.887 (Interference with agricultural operations) .

(45) Forgery in the second degree, as defined in ORS 165.007 (Forgery in the second degree) .

(46) Forgery in the first degree, as defined in ORS 165.013 (Forgery in the first degree) .

(47) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017 (Criminal possession of a forged instrument in the second degree) .

(48) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022 (Criminal possession of a forged instrument in the first degree) .

(49) Criminal possession of a forgery device, as defined in ORS 165.032 (Criminal possession of a forgery device) .

(50) Criminal simulation, as defined in ORS 165.037 (Criminal simulation) .

(51) Fraudulently obtaining a signature, as defined in ORS 165.042 (Fraudulently obtaining a signature) .

(52) Fraudulent use of a credit card, as defined in ORS 165.055 (Fraudulent use of a credit card) .

(53) Negotiating a bad check, as defined in ORS 165.065 (Negotiating a bad check) .

(54) Possessing a fraudulent communications device, as defined in ORS 165.070 (Possessing fraudulent communications device) .

(55) Unlawful factoring of a payment card transaction, as defined in ORS 165.074 (Unlawful factoring of payment card transaction) .

(56) Falsifying business records, as defined in ORS 165.080 (Falsifying business records) .

(57) Sports bribery, as defined in ORS 165.085 (Sports bribery) .

(58) Sports bribe receiving, as defined in ORS 165.090 (Sports bribe receiving) .

(59) Misapplication of entrusted property, as defined in ORS 165.095 (Misapplication of entrusted property) .

(60) Issuing a false financial statement, as defined in ORS 165.100 (Issuing a false financial statement) .

(61) Obtaining execution of documents by deception, as defined in ORS 165.102 (Obtaining execution of documents by deception) .

(62) A violation of ORS 165.543 (Interception of communications) .

(63) Cellular counterfeiting in the third degree, as defined in ORS 165.577 (Cellular counterfeiting in the third degree) .

(64) Cellular counterfeiting in the second degree, as defined in ORS 165.579 (Cellular counterfeiting in the second degree) .

(65) Cellular counterfeiting in the first degree, as defined in ORS 165.581 (Cellular counterfeiting in the first degree) .

(66) Identity theft, as defined in ORS 165.800 (Identity theft) .

(67) A violation of ORS 166.190 (Pointing firearm at another) .

(68) Unlawful use of a weapon, as defined in ORS 166.220 (Unlawful use of weapon) .

(69) A violation of ORS 166.240 (Carrying of concealed weapons) .

(70) Unlawful possession of a firearm, as defined in ORS 166.250 (Unlawful possession of firearms) .

(71) A violation of ORS 166.270 (Possession of weapons by certain felons) .

(72) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272 (Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers) .

(73) A violation of ORS 166.275 (Possession of weapons by inmates of institutions) .

(74) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350 (Unlawful possession of armor piercing ammunition) .

(75) A violation of ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility) .

(76) Unlawful possession of a destructive device, as defined in ORS 166.382 (Possession of destructive device prohibited) .

(77) Unlawful manufacture of a destructive device, as defined in ORS 166.384 (Unlawful manufacture of destructive device) .

(78) Possession of a hoax destructive device, as defined in ORS 166.385 (Possession of hoax destructive device) .

(79) A violation of ORS 166.410 (Manufacture, importation or sale of firearms) .

(80) Providing false information in connection with a transfer of a firearm, as defined in ORS 166.416 (Providing false information in connection with a transfer of a firearm) .

(81) Improperly transferring a firearm, as defined in ORS 166.418 (Improperly transferring a firearm) .

(82) Unlawfully purchasing a firearm, as defined in ORS 166.425 (Unlawfully purchasing a firearm) .

(83) A violation of ORS 166.429 (Firearms used in felony) .

(84) A violation of ORS 166.470 (Limitations and conditions for sales of firearms) .

(85) A violation of ORS 166.480 (Sale or gift of explosives to children) .

(86) A violation of ORS 166.635 (Discharging weapon or throwing objects at trains) .

(87) A violation of ORS 166.638 (Discharging weapon across airport operational surfaces) .

(88) Unlawful paramilitary activity, as defined in ORS 166.660 (Unlawful paramilitary activity) .

(89) A violation of ORS 166.720 (Racketeering activity unlawful) .

(90) Prostitution, as defined in ORS 167.007 (Prostitution) .

(91) Commercial sexual solicitation, as defined in ORS 167.008 (Commercial sexual solicitation) .

(92) Promoting prostitution, as defined in ORS 167.012 (Promoting prostitution) .

(93) Compelling prostitution, as defined in ORS 167.017 (Compelling prostitution) .

(94) Exhibiting an obscene performance to a minor, as defined in ORS 167.075 (Exhibiting an obscene performance to a minor) .

(95) Unlawful gambling in the second degree, as defined in ORS 167.122 (Unlawful gambling in the second degree) .

(96) Unlawful gambling in the first degree, as defined in ORS 167.127 (Unlawful gambling in the first degree) .

(97) Possession of gambling records in the second degree, as defined in ORS 167.132 (Possession of gambling records in the second degree) .

(98) Possession of gambling records in the first degree, as defined in ORS 167.137 (Possession of gambling records in the first degree) .

(99) Possession of a gambling device, as defined in ORS 167.147 (Possession of a gambling device) .

(100) Possession of a gray machine, as defined in ORS 167.164 (Possession of a gray machine) .

(101) Cheating, as defined in ORS 167.167 (Cheating) .

(102) Tampering with drug records, as defined in ORS 167.212 (Tampering with drug records) .

(103) A violation of ORS 167.262 (Use of minor in controlled substance or marijuana item offense) .

(104) Research and animal interference, as defined in ORS 167.312 (Research and animal interference) .

(105) Animal abuse in the first degree, as defined in ORS 167.320 (Animal abuse in the first degree) .

(106) Aggravated animal abuse in the first degree, as defined in ORS 167.322 (Aggravated animal abuse in the first degree) .

(107) Animal neglect in the first degree, as defined in ORS 167.330 (Animal neglect in the first degree) .

(108) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352 (Interfering with an assistance, a search and rescue or a therapy animal) .

(109) Involvement in animal fighting, as defined in ORS 167.355 (Involvement in animal fighting) .

(110) Dogfighting, as defined in ORS 167.365 (Dogfighting) .

(111) Participation in dogfighting, as defined in ORS 167.370 (Participation in dogfighting) .

(112) Unauthorized use of a livestock animal, as defined in ORS 167.385 (Unauthorized use of a livestock animal) .

(113) Interference with livestock production, as defined in ORS 167.388 (Interference with livestock production) .

(114) A violation of ORS 167.390 (Commerce in fur of domestic cats and dogs prohibited) .

(115) Participation in cockfighting, as defined in ORS 167.431 (Participation in cockfighting) .

(116) A violation of ORS 471.410 (Providing liquor to person under 21 or to intoxicated person) .

(117) Failure to report missing precursor substances, as defined in ORS 475.955 (Failure to report missing precursor substances) .

(118) Illegally selling drug equipment, as defined in ORS 475.960 (Illegally selling drug equipment) .

(119) Providing false information on a precursor substances report, as defined in ORS 475.965 (Providing false information on precursor substances report or record) .

(120) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.912 (Unlawful delivery of imitation controlled substance) .

(121) A violation of ORS 475.752 (Prohibited acts generally) , if it is a felony or a Class A misdemeanor.

(122) A violation of ORS 475.914 (Prohibited acts for registrants) , if it is a felony or a Class A misdemeanor.

(123) A violation of ORS 475.916 (Prohibited acts involving records and fraud) .

(124) A violation of ORS 475.906 (Penalties for unlawful delivery to minors) , if it is a felony or a Class A misdemeanor.

(125) A violation of ORS 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) .

(126) A violation of ORS 475C.337 (Unlawful possession by person 21 years of age or older) , if it is a felony or a Class A misdemeanor.

(127) A violation of ORS 475C.341 (Unlawful possession by person under 21 years of age) , if it is a felony or a Class A misdemeanor.

(128) A violation of ORS 475C.345 (Unlawful delivery of marijuana item) , if it is a felony or a Class A misdemeanor.

(129) A violation of ORS 475C.349 (Unlawful manufacture of marijuana item) , if it is a felony or a Class A misdemeanor.

(130) A violation of ORS 475C.229 (Prohibition against importing or exporting marijuana items) .

(131) Misuse of an identification card, as defined in ORS 807.430 (Misuse of identification card) .

(132) Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500 (Unlawful production of certain documents) .

(133) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510 (Transfer of documents for purposes of misrepresentation) .

(134) Using an invalid license, as defined in ORS 807.580 (Using invalid license) .

(135) Permitting misuse of a license, as defined in ORS 807.590 (Permitting misuse of license) .

(136) Using another’s license, as defined in ORS 807.600 (Using another’s license) .

(137) Criminal driving while suspended or revoked, as defined in ORS 811.182 (Criminal driving while suspended or revoked) .

(138) Aggravated driving while suspended or revoked, as defined in ORS 163.196 (Aggravated driving while suspended or revoked) .

(139) Driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants) , when it is a felony.

(140) Unlawful distribution of cigarettes, as defined in ORS 323.482 (Offense of unlawful distribution of cigarettes) .

(141) Unlawful distribution of tobacco products, as defined in ORS 323.632 (Offense of unlawful distribution of tobacco products) .

(142) A violation of ORS 180.440 (Prohibited conduct) (2) or 180.486 (Prohibited conduct) (2).

(143) A violation described in ORS 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) , if it is a felony.

(144) Subjecting another person to involuntary servitude in the first degree, as defined in ORS 163.264 (Subjecting another person to involuntary servitude in the first degree) .

(145) Subjecting another person to involuntary servitude in the second degree, as defined in ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) .

(146) Trafficking in persons, as defined in ORS 163.266 (Trafficking in persons) .

(147) Luring a minor, as defined in ORS 167.057 (Luring a minor) .

(148) Online sexual corruption of a child in the second degree, as defined in ORS 163.432 (Online sexual corruption of a child in the second degree) .

(149) Online sexual corruption of a child in the first degree, as defined in ORS 163.433 (Online sexual corruption of a child in the first degree) .

(150) Reckless driving, as defined in ORS 811.140 (Reckless driving) (1)(b).

(151) An attempt, conspiracy or solicitation to commit a crime in subsections (1) to (150) of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor. [2005 c.830 §19; 2005 c.830 §19a; 2007 c.40 §2; 2007 c.71 §31; 2007 c.811 §8; 2007 c.869 §4; 2007 c.876 §7; 2009 c.299 §5; 2009 c.717 §24; 2009 c.796 §3; 2009 c.874 §17; 2011 c.151 §7; 2011 c.552 §3; 2011 c.681 §4; 2013 c.374 §4; 2015 c.98 §5; 2016 c.47 §6; 2017 c.21 §38; 2023 c.158 §3]

Source: Section 131.602 — Prohibited conduct for purposes of instrumentalities of crime , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.221 — OR Code / Title 14 / Chapter 137 / Section 137.221
137.221 Vacation of judgment of conviction for prostitution
Status: in_force

(1) Notwithstanding ORS 138.540 (Petition for relief as exclusive remedy for challenging conviction) , a court may vacate a judgment of conviction for the crime of prostitution under ORS 167.007 (Prostitution) or for violating a municipal prostitution ordinance as described in this section.

(2) Intentionally left blank —Ed.

(a) A person may request vacation of a judgment of conviction for prostitution by filing a motion in the county of conviction. The motion may be filed at least 21 days after the judgment of conviction is entered.

(b) A copy of the motion shall be served on the district attorney.

(c) The motion must contain an explanation of facts supporting a claim that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction. The motion must further contain an explanation of why those facts were not presented to the trial court.

(3) Upon receiving the motion described in subsection (2) of this section, the court shall hold a hearing. At the hearing, the person has the burden of proof and may present evidence that, at or around the time of the conduct giving rise to the prostitution conviction, the person was the victim of sex trafficking. The court shall consider any evidence the court deems of sufficient credibility and probative value in determining whether the person was a victim of sex trafficking. The evidence may include, but is not limited to:

(a) Certified records of a state or federal court proceeding demonstrating that the person was a victim of sex trafficking;

(b) Certified records from federal immigration proceedings recognizing the person as a victim of sex trafficking; and

(c) A sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a medical or other professional, certifying that the person has sought assistance addressing trauma associated with being a sex trafficking victim.

(4) If the court finds, by clear and convincing evidence, that the person was the victim of sex trafficking at or around the time of the conduct giving rise to the prostitution conviction, the court shall grant the motion.

(5) If the court grants a motion under this section, the court shall vacate the judgment of conviction for prostitution and may make other orders as the court considers appropriate.

(6) If the court grants a motion under this section while an appeal of the judgment of conviction is pending, the court shall immediately forward a copy of the vacation order to the appellate court.

(7) As used in this section:

(a) “Municipal prostitution ordinance” means a municipal ordinance prohibiting a person from engaging in, or offering or agreeing to engage in, sexual conduct or sexual contact in return for a fee.

(b) “Sex trafficking” means the use of force, intimidation, fraud or coercion to cause a person to engage, or attempt to engage, in a commercial sex act. [2017 c.245 §1; 2018 c.120 §7]

Note: 137.221 (Vacation of judgment of conviction for prostitution) 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 137.221 — Vacation of judgment of conviction for prostitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131a.275 — OR Code / Title 14 / Chapter 131a / Section 131a.275
131A.275 Special motion for release of property
Status: in_force

(1) Any claimant who is alleged to have engaged in prohibited conduct, and who has filed a responsive pleading or affidavit in the manner required by ORS 131A.235 (Responsive pleading) or 131A.240 (Response by affidavit) , may file a special motion for the release of all or part of the property subject to the forfeiture action if a criminal action alleging the commission of a crime, as described in ORS 161.515 (“Crime” described) , is not brought against any owner of the property within 90 days after the property is seized. The court shall grant the motion except upon good cause shown by the forfeiting agency. The release of the property does not affect the ability of the forfeiting agency to continue the action for the purpose of seeking forfeiture of the released property.

(2) A motion under this section may not be made for the release of any property that is held as evidence or for protective purposes. [2009 c.78 §36]

Source: Section 131A.275 — Special motion for release of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.115 — OR Code / Title 14 / Chapter 135 / Section 135.115
135.115 Waiver of right to make statement
Status: in_force

If the defendant waives the right of the defendant to make a statement, the fact of the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.710; 1991 c.790 §13]

Source: Section 135.115 — Waiver of right to make statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.623 — OR Code / Title 14 / Chapter 133 / Section 133.623
133.623 Handling and disposition of things seized
Status: in_force

(1) The provisions of subsections (2), (3) and (4) of this section apply to all cases of seizure, except for a seizure made under a search warrant.

(2) If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant.

(3) If no claim to rightful possession has been established under ORS 133.633 (Motion for return or restoration of things seized) to 133.663 (Disputed possession rights) , the things seized may be disposed of in accordance with ORS 98.245 (Disposition of unclaimed property) or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund.

(4) If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require. [1973 c.836 §109; 1987 c.858 §1; 1997 c.480 §3]

Source: Section 133.623 — Handling and disposition of things seized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.630 — OR Code / Title 14 / Chapter 138 / Section 138.630
138.630 Evidence of events occurring at trial of petitioner
Status: in_force

In a proceeding pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , events occurring at the trial of petitioner may be shown by a duly authenticated transcript, record or portion thereof. If such transcript or record cannot be produced, the affidavit of the judge who presided at the trial setting forth the facts occurring at the trial shall be admissible in evidence when relevant. When necessary to establish any ground for relief specified in ORS 138.530 (When relief must be granted) , the petitioner may allege and prove matters in contradiction of the record of the trial of the petitioner. When the record is so contradicted, the defendant may introduce in evidence any evidence which was admitted in evidence at the trial to support the contradicted matter and may call witnesses whose testimony at such trial supported the contradicted matter. Whenever such evidence or such witnesses cannot be produced by defendant for any reason which is sufficient in the opinion of the court, such parts of the duly authenticated record of the trial as support the contradicted matter may be introduced in evidence by the defendant. A duly authenticated record of the testimony of any witness at the trial may be introduced in evidence to impeach the credibility of any testimony by the same witness in the hearing upon the petition. [1959 c.636 §13]

Source: Section 138.630 — Evidence of events occurring at trial of petitioner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 131a.410 — OR Code / Title 14 / Chapter 131a / Section 131a.410
131A.410 Indemnification of officers, employees and agents
Status: in_force

(1) Unless the claim arises out of malfeasance in office or willful or wanton neglect of duty, a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) may defend, save harmless and indemnify any officer, employee or agent of the public body against whom a claim is made under section 10 (14), Article XV of the Oregon Constitution.

(2) Any amount recovered as a civil penalty in a claim made under section 10 (14), Article XV of the Oregon Constitution, shall be paid into the Criminal Injuries Compensation Account of the Department of Justice Crime Victims’ Assistance Section to be used for the purposes set forth in ORS chapter 147. [2009 c.78 §48]

Source: Section 131A.410 — Indemnification of officers, employees and agents; payment of civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 138.590 — OR Code / Title 14 / Chapter 138 / Section 138.590
138.590 Petitioner may proceed as a financially eligible person
Status: in_force

(1) Any petitioner who is unable to pay the expenses of a proceeding pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) or to employ suitable counsel possessing skills and experience commensurate with the nature of the conviction and complexity of the case for the proceeding may proceed as a financially eligible person pursuant to this section upon order of the circuit court in which the petition is filed.

(2) If the petitioner wishes to proceed as a financially eligible person, the person shall file with the petition an affidavit stating inability to pay the expenses of a proceeding pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , including, but not limited to, the filing fee required by ORS 138.560 (Procedure upon filing petition for relief) , or to employ suitable counsel for such a proceeding. The affidavit shall contain a brief statement of the petitioner’s assets and liabilities and income during the previous year. If the circuit court is satisfied that the petitioner is unable to pay such expenses or to employ suitable counsel, it shall order that the petitioner proceed as a financially eligible person. If the court finds that a petitioner who has been sentenced to death is not competent to decide whether to accept or reject the appointment of counsel, the court shall appoint counsel to represent the petitioner. However, when a circuit court orders petitioner’s case transferred to another circuit court as provided in ORS 138.560 (Procedure upon filing petition for relief) (4), the matter of petitioner’s proceeding as a financially eligible person shall be determined by the latter court.

(3) If a petitioner who has been sentenced to death qualifies for the appointment of counsel under this section but rejects the appointment, the court shall determine, after a hearing if necessary, whether the petitioner rejected the offer of counsel and made the decision with an understanding of its legal consequences. The court shall make appropriate findings on the record.

(4) In the order to proceed as a financially eligible person, the circuit court shall appoint suitable counsel to represent petitioner. Counsel so appointed shall represent petitioner throughout the proceedings in the circuit court. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission.

(5) If counsel appointed by the circuit court determines that the petition as filed by petitioner is defective, either in form or in substance, or both, counsel may move to amend the petition within 15 days following counsel’s appointment, or within a further period as the court may allow. The amendment shall be permitted as of right at any time during this period. If appointed counsel believes that the original petition cannot be construed to state a ground for relief under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , and cannot be amended to state a ground for relief, counsel shall, in lieu of moving to amend the petition, inform the petitioner and notify the circuit court of counsel’s belief by filing an affidavit stating the belief and the reasons therefor with the clerk of the circuit court. This affidavit does not constitute a ground for denying the petition prior to a hearing upon its sufficiency, but the circuit court may consider the affidavit in deciding upon the sufficiency of the petition at the hearing.

(6) When a petitioner has been ordered to proceed as a financially eligible person, the expenses which are necessary for the proceedings upon the petition in the circuit court and the compensation to appointed counsel for petitioner as provided in this subsection shall be paid by the executive director of the Oregon Public Defense Commission from funds available for the purpose. At the conclusion of proceedings on a petition pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , the executive director shall determine and pay, as provided by the policies, procedures, standards and guidelines of the Oregon Public Defense Commission, the amount of expenses of petitioner and compensation for the services of appointed counsel in the proceedings in the circuit court.

(7) If the executive director of the Oregon Public Defense Commission denies, in whole or in part, expenses and compensation submitted for review and payment, the person who submitted the payment request may appeal the decision to the presiding judge of the circuit court. The presiding judge or the designee of the presiding judge shall review the executive director’s decision for abuse of discretion. The decision of the presiding judge or the designee of the presiding judge is final.

(8) Intentionally left blank —Ed.

(a) When a petitioner has been authorized to proceed as a financially eligible person, all court fees in the circuit court, except for the filing fee required by ORS 138.560 (Procedure upon filing petition for relief) , are waived.

(b) When a petitioner is allowed to file a petition without payment of the fee required by ORS 138.560 (Procedure upon filing petition for relief) due to inability to pay, the fee is not waived but may be drawn from, or charged against, the petitioner’s trust account if the petitioner is an adult in custody in a correctional facility.

(9) Notwithstanding any other provision of this chapter, a court may not appoint as counsel for a petitioner who has been sentenced to death a counsel who previously represented the petitioner at trial or on automatic and direct review in the case resulting in the death sentence unless the petitioner and the counsel expressly request continued representation. [1959 c.636 §9; 1961 c.480 §3; 1963 c.600 §9; 1973 c.836 §279a; 1979 c.867 §4; 1981 s.s. c.3 §127; 1983 c.763 §17; 1987 c.320 §46; 1989 c.1053 §7; 1991 c.827 §2; 1995 c.657 §5; 1999 c.1055 §8; 2001 c.962 §30; 2003 c.261 §§5,6; 2003 c.449 §§8,45; 2019 c.213 §24; 2023 c.281 §31]

Source: Section 138.590 — Petitioner may proceed as a financially eligible person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.797 — OR Code / Title 14 / Chapter 133 / Section 133.797
133.797 Confinement of prisoner
Status: in_force

(1) The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which the officer, person or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of the prisoner is ready to proceed on the route, such person being chargeable with the expense of keeping.

(2) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which the officer or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that the officer or agent is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state. [Formerly 147.120]

Source: Section 133.797 — Confinement of prisoner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.440 — OR Code / Title 14 / Chapter 144 / Section 144.440
144.440 Recommendation by sentencing court
Status: in_force

When a person is sentenced to the custody of the Department of Corrections, the court may recommend to the department that the person so sentenced be granted the option of serving the sentence by enrollment in the work release program established under ORS 144.420 (Department of Corrections to administer work release program) . [1965 c.463 §4; 1973 c.836 §305; 1987 c.320 §70]

Source: Section 144.440 — Recommendation by sentencing court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.055 — OR Code / Title 14 / Chapter 135 / Section 135.055
135.055 Compensation and expenses of appointed counsel
Status: in_force

(1) Counsel appointed pursuant to ORS 135.045 (Court appointment of counsel) or 135.050 (Eligibility for court-appointed counsel) shall be paid fair compensation for representation in the case:

(a) By the county, subject to the approval of the governing body of the county, in a proceeding in a county or justice court.

(b) By the executive director of the Oregon Public Defense Commission from funds available for the purpose, in a proceeding in a circuit court.

(2) Except for counsel appointed pursuant to contracts or counsel employed by the Oregon Public Defense Commission, compensation payable to appointed counsel under subsection (1) of this section:

(a) In a proceeding in a county or justice court may not be less than $30 per hour.

(b) In a proceeding in a circuit court is subject to the applicable compensation established under ORS 151.216 (Commission duties) .

(3) Intentionally left blank —Ed.

(a) A person determined to be eligible for appointed counsel is entitled to necessary and reasonable fees and expenses for investigation, preparation and presentation of the case for trial, negotiation and sentencing. The person or the counsel for the person shall upon written request secure preauthorization to incur fees and expenses that are necessary and reasonable in the investigation, preparation and presentation of the case and that require preauthorization under a policy of the Oregon Public Defense Commission, including but not limited to travel, photocopying or other reproduction of documents, necessary costs associated with obtaining the attendance of witnesses for the defense, investigator fees and expenses, expert witness fees and expenses and fees for interpreters and assistive communication devices necessary for the purpose of communication between counsel and a client or witness in the case. Preauthorization to incur a fee or expense does not guarantee that a fee or expense incurred pursuant to the preauthorization will be determined to be necessary or reasonable when the fee or expense is submitted for payment.

(b) In a county or justice court, the request must be in the form of a motion to the court. The motion must be accompanied by a supporting affidavit that sets out in detail the purpose of the requested expenditure, the name of the service provider or other recipient of the funds, the dollar amount of the requested expenditure that may not be exceeded without additional authorization and the date or dates during which the service will be rendered or events will occur for which the expenditure is requested.

(c) In a circuit court, the request must be in the form and contain the information that is required by the policies, procedures, standards and guidelines of the Oregon Public Defense Commission. If the executive director of the commission denies a request for preauthorization to incur fees and expenses subject to a preauthorization requirement, the person making the request may appeal the decision to the presiding judge of the circuit court. The presiding judge has final authority to preauthorize incurring fees and expenses under this paragraph.

(d) Entitlement under subsection (7) of this section to payment for fees and expenses in circuit court is subject to the policies, procedures, standards and guidelines adopted under ORS 151.216 (Commission duties) . Entitlement to payment of fees and expenses subject to a preauthorization requirement is dependent upon obtaining preauthorization from the court, if the case is in county or justice court, or from the executive director of the Oregon Public Defense Commission, if the case is in circuit court, except as otherwise provided in paragraph (c) of this subsection and in the policies, procedures, standards and guidelines adopted under ORS 151.216 (Commission duties) . Fees and expenses shall be paid:

(A) By the county, in respect to a proceeding in a county or justice court.

(B) By the executive director of the commission from funds available for the purpose, in respect to a proceeding in a circuit court.

(C) By the city, in respect to a proceeding in municipal court.

(4) Upon completion of all services by the counsel of a person determined to be eligible for appointed counsel, the counsel shall submit a statement of all necessary and reasonable fees and expenses of investigation, preparation and presentation and, if counsel was appointed by the court, a statement of all necessary and reasonable fees and expenses for legal representation, supported by appropriate receipts or vouchers and certified by the counsel to be true and accurate.

(5) In a county or justice court, the total fees and expenses payable under this section must be submitted to the court by counsel or other providers and are subject to the review of the court. The court shall certify that such amount is fair reimbursement for fees and expenses for representation in the case as provided in subsection (6) of this section. Upon certification and any verification as provided under subsection (6) of this section, the amount of the fees and expenses approved by the court and not already paid shall be paid by the county.

(6) In a county or justice court, the court shall certify to the administrative authority responsible for paying fees and expenses under this section that the amount for payment is reasonable and that the amount is properly payable out of public funds.

(7) In a circuit court, the total fees and expenses payable under this section must be submitted to and are subject to review by the executive director of the Oregon Public Defense Commission. The executive director of the commission shall determine whether the amount is necessary, reasonable and properly payable from public funds for fees and expenses for representation in the case as provided by the policies, procedures, standards and guidelines of the commission. The executive director of the commission shall pay the amount of the fees and expenses determined necessary, reasonable and properly payable out of public funds. The court shall provide any information identified and requested by the executive director of the commission as needed for audit, statistical or any other purpose pertinent to ensure the proper disbursement of state funds or pertinent to the provision of appointed counsel compensated at state expense.

(8) If the executive director of the Oregon Public Defense Commission denies, in whole or in part, fees and expenses submitted for review and payment, the person who submitted the payment request may appeal the decision to the presiding judge of the circuit court. The presiding judge or the designee of the presiding judge shall review the executive director’s decision for abuse of discretion. The decision of the presiding judge or the designee of the presiding judge is final.

(9) The following may not be disclosed to the district attorney prior to the conclusion of a case:

(a) Requests and administrative or court orders for preauthorization to incur fees and expenses subject to a preauthorization requirement in the investigation, preparation and presentation of the case; and

(b) Billings for such fees and expenses submitted by counsel or other providers.

(10) Notwithstanding subsection (9) of this section, the total amount of moneys determined to be necessary and reasonable for fees and expenses subject to a preauthorization requirement may be disclosed to the district attorney at the conclusion of the trial in the circuit court.

(11) As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045 (Court appointment of counsel) . [Formerly 135.330; 1979 c.867 §1; 1981 s.s. c.3 §§122,123; 1985 c.502 §19; 1985 c.710 §2; 1987 c.606 §4; 1987 c.803 §§14,14a; 1989 c.1053 §2; 1991 c.724 §25; 1991 c.750 §8; 1993 c.33 §297; 1995 c.677 §1; 1995 c.781 §39; 1997 c.761 §9; 1999 c.163 §8; 1999 c.583 §1; 2001 c.962 §§26,107; 2003 c.449 §§5,43; 2023 c.281 §7]

Source: Section 135.055 — Compensation and expenses of appointed counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.643 — OR Code / Title 14 / Chapter 136 / Section 136.643
136.643 Defendant as witness
Status: in_force

In the trial of or examination upon any indictment, complaint, information or other proceeding before any court, magistrate, jury or other tribunal against a person accused or charged with the commission of a crime, the person so charged or accused shall, at the own request of the person, but not otherwise, be deemed a competent witness, the credit to be given to the testimony of the person being left solely to the jury, under the instructions of the court, or to the discrimination of the magistrate, grand jury or other tribunal before which such testimony is given. The waiver of the person of this right creates no presumption against the person. The defendant or accused, when offering testimony as a witness in the own behalf of the defendant, gives the prosecution a right to cross-examination upon all facts to which the defendant or accused has testified and which tend to the conviction or acquittal of the defendant or accused. [Formerly 139.310]

Source: Section 136.643 — Defendant as witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.440 — OR Code / Title 14 / Chapter 133 / Section 133.440
133.440 Proceedings following arrest in fresh pursuit
Status: in_force

If an arrest is made in this state by an officer of another state in accordance with ORS 133.430 (Authority to make arrest in fresh pursuit) , the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.

Source: Section 133.440 — Proceedings following arrest in fresh pursuit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.040 — OR Code / Title 14 / Chapter 131 / Section 131.040
131.040 When law enforcement officer may communicate with person represented by counsel
Status: in_force

A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:

(1) The communication is related to a criminal investigation;

(2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and

(3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]

Source: Section 131.040 — When law enforcement officer may communicate with person represented by counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 136.330 — OR Code / Title 14 / Chapter 136 / Section 136.330
136.330 Trial procedure
Status: in_force

(1) ORS 10.100 (View of premises by jury) and ORCP 58 B, C and D and 59 B through F and G(1), (3), (4) and (5), apply to and regulate the conduct of the trial of criminal actions. The jury in a criminal action may, in the discretion of the court, be polled in writing. If the jury is polled in writing, the written results shall be sealed and placed in the court record.

(2) ORCP 59 H applies to and regulates exceptions in criminal actions. [Amended by 1959 c.558 §31; 1979 c.284 §113; 1985 c.703 §27]

Source: Section 136.330 — Trial procedure; polling jurors in writing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.763 — OR Code / Title 14 / Chapter 135 / Section 135.763
135.763 Trial within 90 days of notice unless continuance granted
Status: in_force

(1) The district attorney, after receiving a notice requesting trial under ORS 135.760 (Notice requesting early trial on pending charge) , shall, within 90 days of receipt of the notice, bring the adult in custody to trial upon the pending charge.

(2) The court shall grant any reasonable continuance with the consent of the defendant. Notwithstanding the defendant’s lack of consent, the court may grant a continuance on motion of the district attorney or on its own motion, for good cause shown. The fact of imprisonment is not good cause for the purposes of this subsection. [Formerly 134.520; 1993 c.542 §1; 2019 c.213 §16]

Source: Section 135.763 — Trial within 90 days of notice unless continuance granted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).