ORS § 131a.260 — OR Code / Title 14 / Chapter 131a / Section 131a.260
131A.260 Affirmative defenses in forfeiture action
Status: in_force

(1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 131A.025 (Consensual search of motor vehicle) .

(2) In any forfeiture action brought against real property claimed to be an instrumentality of prohibited conduct relating to controlled substances, a claimant may plead as an affirmative defense that the controlled substance was solely for personal use.

(3) If, by a preponderance of the evidence, the claimant proves a defense under this section by a preponderance of the evidence, the court shall enter judgment for the claimant. [2009 c.78 §33]

Source: Section 131A.260 — Affirmative defenses in forfeiture action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.593 — OR Code / Title 14 / Chapter 137 / Section 137.593
137.593 Duty of corrections agencies to impose structured, intermediate sanctions for probation violations
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section, when a court suspends the imposition or execution of sentence and places a defendant on probation, or sentences a defendant to probation under the rules of the Oregon Criminal Justice Commission and orders a defendant placed under the supervision of the Department of Corrections or a county community corrections agency, the Department of Corrections or the county community corrections agency shall impose structured, intermediate sanctions for the violation of conditions of probation in accordance with rules adopted under ORS 137.595 (Establishing system of sanctions) . Under no circumstances may the Department of Corrections or a county community corrections agency revoke probation.

(2) Notwithstanding ORS 137.124 (Commitment of defendant to Department of Corrections or county) and 423.478 (Duties of department and counties) and any other provision of law, the sentencing judge shall retain authority:

(a) To revoke probation and receive recommendations regarding revocation of probation from the supervising officer made in accordance with rules adopted under ORS 137.595 (Establishing system of sanctions) ;

(b) To determine whether conditions of probation have been violated and to impose sanctions for the violations if the court, at the time of sentencing, states on the record that the court is retaining such authority;

(c) To cause a probationer to be brought before the court for a hearing upon motion of the district attorney or the court’s own motion prior to the imposition of any structured, intermediate sanctions or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on the probationer pursuant to rules adopted under ORS 137.595 (Establishing system of sanctions) and to revoke probation or impose such other or additional sanctions or modify the conditions of probation as authorized by law; and

(d) To impose and require an offender to serve a period of incarceration not to exceed 180 days as a sanction for revocation of probation.

(3) In no case may the sentencing judge cause a probationer to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595 (Establishing system of sanctions) . [1993 c.680 §10; 1995 c.423 §9a]

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

Source: Section 137.593 — Duty of corrections agencies to impose structured, intermediate sanctions for probation violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.773 — OR Code / Title 14 / Chapter 136 / Section 136.773
136.773 Enhancement fact related to defendant
Status: in_force

(1) When an enhancement fact relates to the defendant, the court shall submit the enhancement fact to the jury during the sentencing phase of the criminal proceeding if the defendant is found guilty of an offense to which the enhancement fact applies unless the defendant makes a written waiver of the right to a jury trial on the enhancement fact and:

(a) Admits to the enhancement fact; or

(b) Elects to have the enhancement fact tried to the court.

(2) If the defendant makes the election under subsection (1)(b) of this section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding.

(3) If there is more than one enhancement fact relating to the defendant and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the defendant to which the defendant does not admit.

(4) If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section.

(5) Unless the defendant waives the right to a jury trial on enhancement facts related to the defendant, the sentencing phase shall be conducted in the trial court before the jury following a finding of guilt by the jury. If for any reason a juror is unable to perform the function of a juror, the court shall dismiss the juror from the sentencing phase and draw the name of one of the alternate jurors. The alternate juror then becomes a member of the jury for the sentencing phase notwithstanding the fact that the alternate juror did not deliberate on the issue of guilt. The court may retain alternate jurors and may allow the substitution of an alternate juror after the jury has begun deliberations in accordance with ORS 136.280 (Substitution of alternate for discharged juror) . [2005 c.463 §4; 2017 c.359 §3]

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

Source: Section 136.773 — Enhancement fact related to defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.771 — OR Code / Title 14 / Chapter 137 / Section 137.771
137.771 Resentencing hearing
Status: in_force

(1) No sooner than 10 years after a person sentenced under ORS 137.765 (Sexually violent dangerous offenders) is released to post-prison supervision, the person may petition the sentencing court for a resentencing hearing requesting that the judgment be modified to terminate post-prison supervision. The district attorney of the county must be named and served as a respondent in the petition. The district attorney may file a response either in support of or in opposition to the petition.

(2) Upon filing the petition, the court may order an examination as provided in ORS 137.767 (Presentence investigation and examination) . If the court orders an examination and the petitioner is financially eligible for appointed counsel at state expense, the court may appoint counsel for the petitioner, as provided in ORS 135.050 (Eligibility for court-appointed counsel) , if the court determines that there are substantial or complex issues involved and the petitioner appears incapable of self-representation.

(3) The court shall review the petition and may hold a hearing on the petition. However, if the state opposes the petition, the court shall hold a hearing on the petition. In determining whether to amend the judgment, the court shall consider:

(a) The nature of the crime for which the petitioner was sentenced to lifetime post-prison supervision;

(b) The degree of violence involved in the crime;

(c) The age of the victim;

(d) The petitioner’s prior history of sexual assault;

(e) Whether the petitioner continues to have psychopathic personality features or sexually deviant arousal patterns or interests;

(f) Other criminal and relevant noncriminal behavior of the petitioner before and after conviction;

(g) The period of time during which the petitioner has not reoffended;

(h) Whether the petitioner has successfully completed a court-approved sex offender treatment program; and

(i) Any other relevant factors.

(4) If the court finds by clear and convincing evidence that the petitioner does not present a substantial probability of committing a crime listed in ORS 137.765 (Sexually violent dangerous offenders) (3), the court shall amend the judgment and impose a lesser sentence.

(5) The sentencing court retains authority to modify its judgment and sentence to reflect the results of a resentencing hearing ordered under this section.

(6) Not less than five years after the denial of a petition under this section, a person sentenced under ORS 137.765 (Sexually violent dangerous offenders) may petition again for a resentencing hearing under subsections (1) to (5) of this section. [1999 c.163 §7; 2001 c.962 §98]

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

Source: Section 137.771 — Resentencing hearing; petition; findings; modification of sentence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.627 — OR Code / Title 14 / Chapter 138 / Section 138.627
138.627 Victim’s rights
Status: in_force

(1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a petition for post-conviction relief filed under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) has, upon request, the following rights:

(a) The right to have the victim’s schedule taken into account in scheduling the post-conviction proceedings;

(b) The right to inspect, in advance of the post-conviction proceedings, any public record on which the disposition of the petition will be based;

(c) The right to be heard, either orally or in writing, at the hearing;

(d) The right to consult with counsel for the state regarding the post-conviction proceeding, including, if applicable, notice of and the opportunity to consult regarding a settlement agreement; and

(e) The right to be informed by counsel for the state of the manner in which the petition was disposed.

(2) As used in this section, “victim” has the meaning given that term in ORS 131.007 (“Victim” defined) . [2010 c.89 §2]

Note: 138.627 (Victim’s rights) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 138.627 — Victim’s rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 153.090 — OR Code / Title 14 / Chapter 153 / Section 153.090
153.090 Provisions of judgment
Status: in_force

(1) Judgments entered under this chapter may include:

(a) Imposition of a sentence to pay a fine;

(b) Costs and restitution authorized by law;

(c) A requirement that the fine, costs and restitution, if any, be paid out of the presumptive fine;

(d) Remission of any balance of a presumptive fine to the defendant; and

(e) Any other provision authorized by law.

(2) Notwithstanding ORS 137.106 (Restitution to victims) , if the court orders restitution in a default judgment entered under ORS 153.102 (Entry) , a defendant may allege an inability to pay the full amount of monetary sanctions imposed, including restitution, and request a hearing to determine whether the defendant is unable to pay or to establish a payment schedule by filing a written request with the court within one year after the entry of the judgment. The court shall set a hearing on the issue of the defendant’s ability to pay upon receipt of the request and shall give notice to the district attorney. The district attorney shall give notice to the victim of the date, time and place of the hearing. The court may determine a payment schedule for monetary sanctions imposed, including restitution ordered under this subsection, if the defendant establishes at the hearing that the defendant is unable to pay the ordered restitution in full.

(3) If a trial is held in a violation proceeding, or a default judgment is entered against the defendant under ORS 153.102 (Entry) , the court may impose any fine within the statutory limits for the violation. If a defendant pleads no contest under ORS 153.061 (Appearance by defendant) (3) and the court accepts the plea and enters judgment against the defendant, the amount of the fine imposed against the defendant by the court may not exceed the presumptive fine established for the violation under ORS 153.019 (Presumptive fines) and 153.020 (Presumptive fines) .

(4) A judge may suspend operation of any part of a judgment entered under this chapter upon condition that the defendant pay the nonsuspended portion of a fine within a specified period of time. If the defendant fails to pay the nonsuspended portion of the fine within the specified period of time, the suspended portion of the judgment becomes operative without further proceedings by the court and the suspended portion of the fine becomes immediately due and payable.

(5) The court may not issue notice to the Department of Transportation to suspend the defendant’s driving privileges unless a trial has been required. The failure of the defendant to appear at the trial does not prevent the court from issuing notice to the department to suspend the defendant’s driving privileges.

(6) Entry of a default judgment under ORS 153.102 (Entry) does not preclude the arrest and prosecution of the defendant for the crime of failure to appear in a violation proceeding under ORS 153.992 (Penalty for failure to appear) .

(7) If a person held commercial driving privileges as described in ORS 807.018 (Persons considered to hold commercial driving privileges) at the time the offense was committed, a court may not defer entry of a judgment or allow an individual to enter into a diversion program that would prevent a conviction for a traffic offense from appearing on the driving record of the holder. This subsection applies to all traffic offenses, whether committed while driving a motor vehicle or a commercial motor vehicle, but does not apply to parking violations. [1999 c.1051 §25; 2003 c.670 §3; 2005 c.649 §30; 2007 c.122 §12; 2007 c.784 §7; 2009 c.395 §4; 2011 c.355 §18; 2011 c.597 §27; 2012 c.89 §5; 2013 c.237 §30]

Source: Section 153.090 — Provisions of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.709 — OR Code / Title 14 / Chapter 135 / Section 135.709
135.709 Exclusiveness of procedure
Status: in_force

No crime can be compromised nor can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as provided in ORS 135.703 (Crimes subject to being compromised) to 135.709 (Exclusiveness of procedure) and 135.745 (Delay in finding an indictment or filing an information) to 135.757 (Nolle prosequi) . [Formerly 134.040]

Source: Section 135.709 — Exclusiveness of procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.410 — OR Code / Title 14 / Chapter 133 / Section 133.410
133.410 Short title
Status: in_force

ORS 133.410 (Short title) to 133.440 (Proceedings following arrest in fresh pursuit) may be cited as the Uniform Act on Fresh Pursuit.

Source: Section 133.410 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.153 — OR Code / Title 14 / Chapter 137 / Section 137.153
137.153 Level II obligations in circuit court judgments
Status: in_force

Level II obligations in criminal judgments entered in circuit courts include all fines and other monetary obligations payable to the state for which the law does not expressly provide other disposition, including fines payable to the state under ORS 153.633 (Distribution to state) , 153.645 (Disposition of fines for traffic offenses) and 153.650 (Disposition of fines for traffic offenses) . [Formerly 137.292; 2022 c.57 §7]

Source: Section 137.153 — Level II obligations in circuit court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.495 — OR Code / Title 14 / Chapter 133 / Section 133.495
133.495 Retention of property to answer order of court
Status: in_force

The proceeds of the sale mentioned in ORS 133.485 (Perishable property) and other property seized shall be retained by liens, if not released on bond, to answer any order that may be entered by the court upon the trial of the person arrested. [Formerly 142.130]

Source: Section 133.495 — Retention of property to answer order of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.035 — OR Code / Title 14 / Chapter 135 / Section 135.035
135.035 Bringing in defendant not yet arrested or held to answer
Status: in_force

When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110 (Issuance) . [Formerly 135.140]

Source: Section 135.035 — Bringing in defendant not yet arrested or held to answer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.074 — OR Code / Title 14 / Chapter 137 / Section 137.074
137.074 Fingerprints of convicted felons and certain misdemeanants required
Status: in_force

When a person is convicted of a felony, a Class A misdemeanor or a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , the court shall ensure that the person’s fingerprints have been taken. The law enforcement agency attending upon the court is the agency responsible for obtaining the fingerprints. The agency attending upon the court may, by agreement, arrange for another law enforcement agency to obtain the fingerprints on its behalf. [1989 c.790 §19; 1997 c.538 §14]

Note: 137.074 (Fingerprints of convicted felons and certain misdemeanants required) 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 137.074 — Fingerprints of convicted felons and certain misdemeanants required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.787 — OR Code / Title 14 / Chapter 133 / Section 133.787
133.787 Rights of arrested person
Status: in_force

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand legal counsel; and if the prisoner, the friends, or counsel of the prisoner shall state the desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. [Formerly 147.100]

Source: Section 133.787 — Rights of arrested person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.792 — OR Code / Title 14 / Chapter 136 / Section 136.792
136.792 Jury upon remand
Status: in_force

(1) For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing for which a new sentence has not been imposed prior to July 7, 2005, the court may impanel a new jury to determine the enhancement facts as defined in ORS 136.760 (Definitions for ORS 136.765 to 136.785) . Laws relating to impaneling a jury for a criminal trial apply to impaneling a jury under this section.

(2) ORS 136.785 (Burden of proof) (3) does not apply to a case in which the court has impaneled a new jury under this section. In a case with a jury impaneled under this section, an enhancement fact is not proven unless the number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime. [2005 c.463 §23]

Note: 136.792 (Jury upon remand) 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 136.792 — Jury upon remand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.613 — OR Code / Title 14 / Chapter 144 / Section 144.613
144.613 Notice when parole or probation violated
Status: in_force

(1) Where supervision of a parolee or probationer is being administered pursuant to the Uniform Act for Out-of-State Supervision, the appropriate judicial or administrative authorities in this state shall notify the Uniform Act for Out-of-State Supervision administrator of the sending state, as defined in ORS 144.610 (Out-of-state supervision of parolees) , whenever, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation.

(2) Prior to the giving of any such notification, a hearing shall be held in accordance with ORS 144.613 (Notice when parole or probation violated) to 144.617 (Hearing on violation in another state) within a reasonable time, unless such hearing is waived by the parolee or probationer. The appropriate officer or officers of this state shall, as soon as practicable following termination of any such hearing, report to the sending state, furnish a copy of the hearing record and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state.

(3) Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not to exceed 15 days prior to the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration. [1973 c.489 §1]

Source: Section 144.613 — Notice when parole or probation violated; hearing; report to sending state; taking person into custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 153.025 — OR Code / Title 14 / Chapter 153 / Section 153.025
153.025 Authority of political subdivision to specify ordinance violation as particular level of violation
Status: in_force

(1) If a statute provides that violation of the ordinances of a political subdivision of this state constitutes an offense, as described in ORS 161.505 (“Offense” described) , the political subdivision may by ordinance specify that violation of a specific ordinance of the political subdivision is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the political subdivision may specify that violation of the specific ordinance is a Class A, B, C or D violation under the provisions of ORS 153.012 (Violation categories) as long as the class specified in the ordinance is lower than the statutory classification for the offense.

(2) Nothing in this section requires a political subdivision to use the classifications established by ORS 153.012 (Violation categories) or to use the presumptive fines established under ORS 153.019 (Presumptive fines) and 153.020 (Presumptive fines) for violations of ordinances adopted by the political subdivision. [1999 c.1051 §78; 2011 c.597 §111]

Source: Section 153.025 — Authority of political subdivision to specify ordinance violation as particular level of violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 131.930 — OR Code / Title 14 / Chapter 131 / Section 131.930
131.930 Definitions
Status: in_force

As used in ORS 131.930 (Definitions) to 131.945 (Training for law enforcement agencies) :

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

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

(3) “Law enforcement officer” means a member of the Oregon State Police, a sheriff or a municipal police officer.

(4) “Officer-initiated pedestrian stop” means a detention of a pedestrian by a law enforcement officer that is not associated with a call for service. The term does not apply to detentions for routine searches performed at the point of entry to or exit from a controlled area.

(5) “Officer-initiated traffic stop” means a detention of a driver of a motor vehicle by a law enforcement officer, not associated with a call for service, for the purpose of investigating a suspected violation of the Oregon Vehicle Code.

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

(7) “Sexual orientation” has the meaning given that term in ORS 174.100 (Definitions) . [2017 c.706 §1; 2019 c.305 §1; 2021 c.367 §9]

Source: Section 131.930 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.502 — OR Code / Title 14 / Chapter 147 / Section 147.502
147.502 General provisions
Status: in_force

(1) A victim may assert a claim under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) personally, through an attorney or through an authorized prosecuting attorney.

(2) If the defendant or victim is represented by counsel, counsel for the defendant or victim shall be served or notified in lieu of service on or notification to a defendant or victim under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) .

(3) A court may not charge a filing fee, service fee, motion fee or hearing fee for a proceeding under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) .

(4) The time within which an act is to be done under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) is determined under ORS 174.120 (Computation of time) and 174.125 (Computation of time period for personal service) .

(5) ORCP 17 applies to the provision of documents to the court under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) . [2009 c.178 §2]

Note: See note under 147.500 (Definitions) .

Source: Section 147.502 — General provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.779 — OR Code / Title 14 / Chapter 135 / Section 135.779
135.779 Enforcement of ORS 135.775 by public agencies
Status: in_force

All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes. [Formerly 134.625]

Source: Section 135.779 — Enforcement of ORS 135.775 by public agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.434 — OR Code / Title 14 / Chapter 136 / Section 136.434
136.434 Challenge to validity of previous conviction
Status: in_force

(1) Except as provided in ORS 813.328 (Notice of intent to challenge validity of prior convictions) , if an accusatory instrument or the written notice described in ORS 136.765 (Notice to defendant) (2) alleges that the defendant has previously been convicted of an offense, the defendant may challenge the validity of the previous conviction by filing a notice of the defendant’s intent to do so. The notice must:

(a) Identify the previous conviction that the defendant seeks to challenge;

(b) Specify the factual and legal basis for the challenge; and

(c) Be filed with the court and served on the district attorney within 35 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless a different time is permitted by the court for good cause shown.

(2) The validity of the previous conviction shall be determined by the court before trial. At the hearing on the defendant’s challenge:

(a) The state has the burden of proving by a preponderance of the evidence that the defendant previously was convicted of the offense; and

(b) The defendant has the burden of proving by a preponderance of the evidence that the previous conviction is not valid.

(3) If the court determines that the defendant was not previously convicted of the offense that is the subject of the challenge or that the previous conviction is not valid, the court shall enter an order prior to trial that so provides and excludes evidence of the previous conviction. The state may appeal from the order pursuant to ORS 138.045 (Appeal by state) (1)(d).

(4) If the court determines that the defendant previously was convicted of the offense and that the conviction is valid, or if the defendant does not file and serve a notice under subsection (1) of this section, the previous conviction shall be admitted at trial or, if the previous conviction is relevant to an enhancement fact described in ORS 136.770 (Enhancement fact related to offense) (4) or 136.773 (Enhancement fact related to defendant) (1), during the sentencing phase of the proceeding. If the previous conviction is admitted, the defendant may dispute whether the defendant previously was convicted of the alleged offense but may not challenge the validity of the conviction. If the previous conviction is a material element of the charged offense or is an enhancement fact, the state must prove the previous conviction beyond a reasonable doubt unless the defendant stipulates to the fact of the previous conviction in accordance with ORS 136.433 (Proving previous conviction) .

(5) For purposes of this section, a previous conviction is not valid if:

(a) In the proceedings resulting in the conviction, the defendant was not represented by counsel and was deprived of the right to counsel in violation of the state or federal Constitution and the defendant is entitled under either Constitution to challenge the validity of the prior conviction in the proceeding before the court.

(b) Before the defendant committed the charged offense, the previous conviction was vacated by the court of conviction, reversed or set aside by a court of competent jurisdiction, expunged or pardoned. [2009 c.180 §3; 2017 c.529 §22]

Note: 136.434 (Challenge to validity of previous conviction) 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 136.434 — Challenge to validity of previous conviction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.715 — OR Code / Title 14 / Chapter 131 / Section 131.715
131.715 Proclamation of emergency period by Governor
Status: in_force

After consultation with the public official, or the designate of the public official, and the police, the Governor may proclaim an emergency period if the Governor finds that there exists on any public property a clear and present danger of injury to persons, damage to property or denial of or substantial interference with ingress or egress from public property. The proclamation shall describe the public property affected by the proclamation. The Governor shall cause the proclamation to be publicized. When the Governor finds that the danger has ended, the Governor shall proclaim the end of the emergency period. [Formerly 145.620]

Source: Section 131.715 — Proclamation of emergency period by Governor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.330 — OR Code / Title 14 / Chapter 137 / Section 137.330
137.330 Where judgment of imprisonment in county jail is executed
Status: in_force

(1) Except as provided in ORS 137.167 (Imprisonment when county jail is not suitable for safe confinement) , 137.333 (Exception to ORS 137.330) or 423.478 (Duties of department and counties) , a judgment of imprisonment in the county jail shall be executed by confinement in the jail of the county where the judgment is given, except that when the place of trial has been changed, the confinement shall take place in the jail of the county where the action was commenced.

(2) The jailor of any county jail to which a prisoner is ordered, sentenced or delivered pursuant to ORS 137.167 (Imprisonment when county jail is not suitable for safe confinement) shall receive and keep such prisoner in the same manner as if the prisoner had been ordered, sentenced or delivered to the jailor by an officer or court of the jailor’s own county; but the county in which the prisoner would be imprisoned except for the provisions of ORS 137.167 (Imprisonment when county jail is not suitable for safe confinement) shall pay all the expenses of keeping and maintaining the prisoner in said jail. [Amended by 1987 c.550 §4; 1996 c.4 §3]

Source: Section 137.330 — Where judgment of imprisonment in county jail is executed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.440 — OR Code / Title 14 / Chapter 136 / Section 136.440
136.440 Testimony of accomplice
Status: in_force

(1) A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances of the commission.

(2) As used in this section, an “accomplice” means a witness in a criminal action who, according to the evidence adduced in the action, is criminally liable for the conduct of the defendant under ORS 161.155 (Criminal liability for conduct of another) and 161.165 (Exemptions to criminal liability for conduct of another) , or, if the witness is a juvenile, has committed a delinquent act, which, if committed by an adult, would make the adult criminally liable for the conduct of the defendant. [Formerly 136.550]

Source: Section 136.440 — Testimony of accomplice; corroboration; “accomplice” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.670 — OR Code / Title 14 / Chapter 135 / Section 135.670
135.670 Allowance of demurrer
Status: in_force

(1) If the demurrer is allowed, the judgment is final upon the accusatory instrument demurred to and is a bar to another action for the same crime unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new accusatory instrument, allows the case to be resubmitted or refiled.

(2) If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680 (Procedure if resubmission of case not allowed) . [Amended by 1973 c.836 §186]

Source: Section 135.670 — Allowance of demurrer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.430 — OR Code / Title 14 / Chapter 144 / Section 144.430
144.430 Duties of department in administering program
Status: in_force

(1) The Department of Corrections shall administer the work release program by means of such staff organization and personnel as the director considers necessary. In addition to other duties, the department shall:

(a) Locate employment for qualified applicants;

(b) Effect placement of persons under the work release program;

(c) Collect, account for and make disbursements from earnings, if any, of persons under the work release program;

(d) Generally promote public understanding and acceptance of the work release program; and

(e) Establish and maintain community centers.

(2) The Department of Corrections may enter into agreements with other public or private agencies or persons for providing services relating to work release programs.

(3) In carrying out the provisions of this section, the Department of Corrections may enter into agreements with the Department of Human Services to provide such services as determined by the Department of Corrections and as the Department of Human Services is authorized to provide under ORS 344.511 (Definitions for ORS 344.511 to 344.690 and 344.710 to 344.730) to 344.550 (Eligibility for and extent of rehabilitation services) . [1965 c.463 §3; 1967 c.289 §1; 1969 c.597 §121; 1973 c.836 §304; 1987 c.320 §69; 1995 c.384 §4; 2013 c.130 §3]

Source: Section 144.430 — Duties of department in administering program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.791 — OR Code / Title 14 / Chapter 135 / Section 135.791
135.791 Request for final disposition of detainer from prisoner in another state
Status: in_force

When the district attorney of any county shall have received written notice from a prisoner in another state of the prisoner’s request for final disposition to be made of any untried accusatory instrument which is the basis of a detainer against the prisoner, the district attorney promptly shall give written notice to the Governor that such request has been received. The notice to the Governor shall describe the charge pending against the prisoner and shall recite the crime of which the prisoner was convicted in the other state, the sentence imposed and the date the sentence commenced, or so much of such information as may be known to the district attorney. The notice to the Governor shall be accompanied by a summary of the evidence against the prisoner on the untried charge. Within 10 days after receiving the notice and summary of evidence, the Governor shall send written direction to the district attorney either to proceed with prosecution of the prisoner when the prisoner is made available, or to move the court for dismissal of the untried indictment, information or complaint and to remove the detainer against the prisoner. The written direction may be signed by the Governor or by a person authorized by the Governor to perform extradition functions. The decision of the Governor shall be final, and the district attorney shall act as so directed. [1973 c.632 §2]

Source: Section 135.791 — Request for final disposition of detainer from prisoner in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 132.400 — OR Code / Title 14 / Chapter 132 / Section 132.400
132.400 Indorsement of indictment as “a true bill.”
Status: in_force

An indictment, when found, shall be indorsed “a true bill,” and such indorsement signed by the foreman of the jury.

Source: Section 132.400 — Indorsement of indictment as “a true bill.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 137.151 — OR Code / Title 14 / Chapter 137 / Section 137.151
137.151 Level I obligations in local court judgments
Status: in_force

(1) There are two types of Level I obligations in criminal judgments entered in local courts:

(a) Type 1 obligations include compensatory fines imposed pursuant to ORS 137.101 (Compensatory fine) .

(b) Type 2 obligations include awards of restitution as defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109) , awards of restitution under ORS 419C.450 (Restitution) and money awards made under ORS 811.706 (Money damages resulting from violation of ORS 811.700 or 811.705) .

(2) If a judgment contains both types of Level I obligations, the local court shall apply amounts creditable to Type 1 obligations until paid in full. All subsequent amounts creditable to Level I obligations shall be applied against Type 2 obligations until paid in full.

(3) If there is more than one person for whose benefit a Type 2 money award has been made, a local court shall pay the moneys credited to Type 2 obligations in the following order of priority:

(a) If the judgment contains a money award payable to the person or persons against whom the defendant committed the offense, the court shall first pay all moneys credited to Type 2 obligations to those persons, and shall continue to do so until all those obligations are paid in full. If there is more than one person to whom an obligation is payable under this paragraph, the court shall divide each payment under this paragraph based on each person’s proportionate share of the total amount of obligations subject to payment under this paragraph.

(b) If the judgment contains a money award payable to the Criminal Injuries Compensation Account, the court shall thereafter transfer moneys credited to Type 2 obligations to the account until the award is paid in full.

(c) If the judgment contains a money award payable to any other victims, as defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109) , the court shall thereafter pay the moneys credited to Type 2 obligations to those victims until those victims are paid in full. [2013 c.685 §17; 2022 c.57 §6]

Source: Section 137.151 — Level I obligations in local court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.380 — OR Code / Title 14 / Chapter 147 / Section 147.380
147.380 Service referral for bias incidents
Status: in_force

(1) As used in this section:

(a) “Bias crime” means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 (Bias crime in the second degree) or 166.165 (Bias crime in the first degree) .

(b) “Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. “Bias incident” does not include any incident in which probable cause of the commission of a crime is established by the investigating law enforcement officer.

(c) “Hate crimes hotline” means the telephone hotline established by the Department of Justice under subsection (3) of this section.

(d) “Local victims’ services” means services provided to a victim of a bias crime or bias incident, including but not limited to safety planning, trauma management and data reporting, by an entity located in the same geographic area as the law enforcement agency that responds to the bias crime or bias incident.

(2) Intentionally left blank —Ed.

(a) A law enforcement agency that responds to a report of a bias incident shall refer the victim of the bias incident to qualifying local victims’ services.

(b) The Department of Justice shall by rule designate qualifying local victims’ services.

(c) If qualifying local victims’ services are unavailable, the law enforcement agency shall refer the victim of the bias incident to the hate crimes hotline.

(3) The Department of Justice shall establish a staffed hate crimes telephone hotline dedicated to assisting the victims of bias crimes and bias incidents.

(4) There is created in the Department of Justice the position of Hate Crimes Response Coordinator. The Hate Crimes Response Coordinator shall:

(a) Respond to all reports of bias crimes and bias incidents made to the hate crimes hotline.

(b) Provide assistance to victims of bias crimes and bias incidents that is culturally competent and designed to reduce the effects of trauma, prevent further trauma and reach a diverse community.

(c) Assist with safety planning for victims of bias crimes and bias incidents.

(d) Coordinate with local nongovernmental organizations and service providers in assisting victims of bias crimes and bias incidents.

(e) Develop training for nongovernmental organizations and service providers to standardize methods for assisting victims of bias crimes and bias incidents.

(5) Intentionally left blank —Ed.

(a) The Department of Justice shall:

(A) In coordination with the Oregon Criminal Justice Commission, develop a standardized intake process for all reports of bias crimes and bias incidents made to the department.

(B) Collect all data possible concerning the character, location and impacted protected class of any bias crime or bias incident reported to the department.

(C) Report to the commission continually and at least quarterly all data collected pursuant to this subsection.

(b) The data reported to the commission under this subsection may not contain information that might reveal the identity of any individual.

(6) Any data collected by the Department of Justice under this section that might reveal the identity of any individual is exempt from public disclosure.

(7) The Department of Justice may adopt rules to carry out the provisions of this section. [2019 c.553 §8; 2023 c.549 §6]

Note: 147.380 (Service referral for bias incidents) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 147.380 — Service referral for bias incidents; telephone hotline; response coordinator; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.305 — OR Code / Title 14 / Chapter 135 / Section 135.305
135.305 Types of answer
Status: in_force

If the defendant does not require time, as provided in ORS 135.380 (Time of entering plea) , or if the defendant does, then on the next day or at such further day as the court may have allowed the defendant, the defendant may, in answer to the arraignment, move against the accusatory instrument or demur or plead thereto. [Formerly 135.420]

Source: Section 135.305 — Types of answer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131a.310 — OR Code / Title 14 / Chapter 131a / Section 131a.310
131A.310 Judgment for claimant
Status: in_force

(1) Except as provided in subsection (2) of this section, if a judgment is entered for a claimant in a proceeding under this chapter, the claimant’s property or interest in the property shall be returned or conveyed immediately to the claimant. All security interests, liens and other interests applicable to the property shall remain in effect as though the property had never been seized. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that have attached to the property since the seizure. The court shall award costs, disbursements and attorney fees in the manner provided by ORCP 68 to the prevailing claimant, to be paid by the forfeiting agency. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.

(2) If a judgment is entered for a claimant in a proceeding under this chapter, but the court has foreclosed one or more interests in the property under ORS 131A.250 (Foreclosure of security interests, liens and vendor’s interests) , the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that have attached to the property since the seizure. The judgment shall require that the property then be sold, pursuant to a sheriff’s sale or other sale authorized by the court, within such time as may be prescribed by the court. The property shall be sold subject to any interests in the property that have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld or of a financial institution that has filed the affidavit described in ORS 131A.240 (Response by affidavit) (1). The judgment shall require that the proceeds of the sale be applied as follows:

(a) The proceeds shall first be used to pay the costs of the sale.

(b) If the property is a motor vehicle with a hidden compartment, after making the payment required by paragraph (a) of this subsection, the proceeds shall be used to reimburse the seizing agency for the cost of disabling the hidden compartment.

(c) After payment of the costs of the sale and making any reimbursement required under paragraphs (a) and (b) of this subsection, the proceeds shall be applied to the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority.

(d) After making the payments required under paragraphs (a) to (c) of this subsection, any remaining amounts shall be paid to the claimant. [2009 c.78 §39; 2009 c.874 §14]

Source: Section 131A.310 — Judgment for claimant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 132.990 — OR Code / Title 14 / Chapter 132 / Section 132.990
132.990 Premature inspection or disclosure of contents of indictment
Status: in_force

Violation of ORS 132.420 (Disclosure relative to indictment not subject to inspection) or the prohibitions of ORS 132.410 (Finding of indictment) is punishable as contempt.

Source: Section 132.990 — Premature inspection or disclosure of contents of indictment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 147.419 — OR Code / Title 14 / Chapter 147 / Section 147.419
147.419 Authority of victim to obtain copy of transcript or tape of criminal proceeding
Status: in_force

In any criminal proceeding in which a transcript, audiotape or videotape of the proceedings held in open court is prepared, the victim may obtain a copy of the transcript or tape by paying the court or the person who prepared the transcript or tape the actual cost of copying it. [1997 c.313 §2]

Note: See note under 147.417 (Victim to be notified of constitutional rights) .

Source: Section 147.419 — Authority of victim to obtain copy of transcript or tape of criminal proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.045 — OR Code / Title 14 / Chapter 135 / Section 135.045
135.045 Court appointment of counsel
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.

(b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050 (Eligibility for court-appointed counsel) , shall appoint counsel to represent the defendant.

(c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.

(d) If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and may, in accordance with ORS 135.050 (Eligibility for court-appointed counsel) , appoint an attorney as the defendant’s legal advisor.

(2) Appointment of counsel, including a legal advisor, under this section is subject to ORS 135.050 (Eligibility for court-appointed counsel) , 135.055 (Compensation and expenses of appointed counsel) and 151.485 (Financial eligibility) to 151.497 (“Counsel” defined for ORS 151.485 to 151.497) . [Formerly 135.320; 1987 c.803 §13; 1989 c.171 §16; 1989 c.1053 §1a; 1991 c.790 §11; 2001 c.472 §1; 2001 c.962 §24]

Source: Section 135.045 — Court appointment of counsel; waiver of counsel; appointment of legal advisor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.675 — OR Code / Title 14 / Chapter 153 / Section 153.675
153.675 Disposition of amounts payable to state and local governments
Status: in_force

(1) Amounts payable to the state under ORS 153.633 (Distribution to state) , 153.645 (Disposition of fines for traffic offenses) , 153.650 (Disposition of fines for traffic offenses) and 153.657 (Disposition of fines for violations of homeschooled student requirements) shall be transferred by the court to the Department of Revenue for distribution as provided in ORS 305.830 (Collection of fines, penalties and forfeitures) . Except as provided in ORS 153.640 (Disposition of fines for traffic offenses) (2)(b), amounts payable to a local government under ORS 153.640 (Disposition of fines for traffic offenses) to 153.680 (Costs) and 153.657 (Disposition of fines for violations of homeschooled student requirements) shall be deposited by the court in the local government’s general fund and are available for general governmental purposes.

(2) Justice and municipal courts must make the transfer required by subsection (1) of this section under ORS 153.633 (Distribution to state) , 153.645 (Disposition of fines for traffic offenses) , 153.650 (Disposition of fines for traffic offenses) and 153.657 (Disposition of fines for violations of homeschooled student requirements) not later than the last day of the month immediately following the month in which a payment on a judgment is received by the court. [2011 c.597 §50; 2016 c.78 §7; 2017 c.139 §5]

Source: Section 153.675 — Disposition of amounts payable to state and local governments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 131.035 — OR Code / Title 14 / Chapter 131 / Section 131.035
131.035 When departures, errors or mistakes in pleadings or proceedings are material
Status: in_force

No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 §4]

Source: Section 131.035 — When departures, errors or mistakes in pleadings or proceedings are material , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 132.560 — OR Code / Title 14 / Chapter 132 / Section 132.560
132.560 Joinder of counts and charges
Status: in_force

(1) A charging instrument must charge but one offense, and in one form only, except that:

(a) Where the offense may be committed by the use of different means, the charging instrument may allege the means in the alternative.

(b) Two or more offenses may be charged in the same charging instrument in a separate count for each offense if the offenses charged are alleged to have been committed by the same person or persons and are:

(A) Of the same or similar character;

(B) Based on the same act or transaction; or

(C) Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

(2) If two or more charging instruments are found in circumstances described in subsection (1)(b) of this section, the court may order them to be consolidated.

(3) If it appears, upon motion, that the state or defendant is substantially prejudiced by a joinder of offenses under subsection (1) or (2) of this section, the court may order an election or separate trials of counts or provide whatever other relief justice requires.

(4) As used in this section, “charging instrument” means any written instrument sufficient under the law to charge a person with an offense, and shall include, but not be limited to, grand jury indictments, informations, complaints and uniform traffic, game or boating complaints. [Amended by 1989 c.842 §1; 1993 c.278 §1; 1999 c.1040 §17]

Source: Section 132.560 — Joinder of counts and charges; consolidation of charging instruments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 133.030 — OR Code / Title 14 / Chapter 133 / Section 133.030
133.030 Who are magistrates
Status: in_force

The following persons are magistrates:

(1) Judges of the Supreme Court;

(2) Judges of the Court of Appeals;

(3) Judges of the circuit court;

(4) County judges and justices of the peace; and

(5) Municipal judges. [Amended by 1961 c.724 §27; 1969 c.198 §59; 1977 c.746 §1; 1995 c.658 §72]

Source: Section 133.030 — Who are magistrates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 146.155 — OR Code / Title 14 / Chapter 146 / Section 146.155
146.155 Inquest proceedings
Status: in_force

(1) The six members of the jury of inquest shall be sworn by the district attorney to:

(a) Inquire into who the deceased person was, when and where the deceased person came to death, the cause of death and the manner of death.

(b) Give a true verdict thereof according to the evidence produced during the inquest.

(2) The district attorney shall subpoena as a witness any person who the district attorney believes has knowledge of facts relevant and material to the inquiry. The jury of inquest may request but may not require that other persons be subpoenaed.

(3) The district attorney shall examine each witness as to all facts which the district attorney deems relevant and material to the inquiry. After examination by the district attorney, the members of the jury may inquire of the witness provided that their examination is relevant and material.

(4) When the examination of witnesses is closed, the district attorney shall advise the jury as to their duty under law, and as to questions of law arising from the facts or posed by the jury.

(5) After having been advised of law, the jury shall retire to deliberate and to arrive at its verdict.

(6) The verdict shall be delivered to the district attorney. [1973 c.408 §23]

Source: Section 146.155 — Inquest proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.380 — OR Code / Title 14 / Chapter 137 / Section 137.380
137.380 Discipline, treatment and employment of prisoners
Status: in_force

A judgment of commitment to the custody of the Department of Corrections need only specify the duration of confinement as provided in ORS 137.120 (Term of sentence) . Thereafter the manner of the confinement and the treatment and employment of a person shall be regulated and governed by whatever law is then in force prescribing the discipline, treatment and employment of persons committed. [Amended by 1955 c.32 §1; 1955 c.660 §17; 1959 c.687 §1; 1973 c.836 §268; 1987 c.320 §37]

Source: Section 137.380 — Discipline, treatment and employment of prisoners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131a.075 — OR Code / Title 14 / Chapter 131a / Section 131a.075
131A.075 Liens and security interests of financial institutions
Status: in_force

(1) Seizure of property for forfeiture and other proceedings under this chapter does not prevent, abate or delay the initiation or prosecution of a suit or action by a financial institution for the possession of seized property in which the financial institution claims a lien or security interest, or initiation or prosecution of a suit or action by a financial institution for the foreclosure of a lien or security interest claimed by the financial institution. A financial institution may proceed with any suit or action involving property in which the institution claims a lien or security interest even though a seizure has occurred and a forfeiture action has been commenced or will be commenced. The financial institution’s suit or action may be consolidated with the forfeiture action for the purpose of trial. If seized property is sold before the conclusion of the forfeiture action, the sheriff, trustee or other person who is conducting the sale and who has actual notice of the forfeiture action shall distribute the sale proceeds as follows:

(a) To the payment of the expenses of the sale.

(b) If the property is a motor vehicle with a hidden compartment, after making the payment required by paragraph (a) of this subsection, to reimburse the seizing agency for the cost of disabling the hidden compartment.

(c) After payment of the expenses of the sale and making any reimbursement under paragraphs (a) and (b) of this subsection, to the payment of the obligations owed to the foreclosing financial institution that are secured by the property, and to the payment of the obligations owed to any other person that has a lien or security interest in the property that has been foreclosed in the suit or action. Payment under this paragraph shall be made in the order determined by the court.

(d) If there is any remaining amount after the payments required under paragraphs (a) to (c) of this subsection, to the seizing or forfeiting agency, or to the court in which the forfeiture action is pending.

(2) A sheriff, trustee or other person who distributes sale proceeds as provided in subsection (1) of this section is not liable to any person who has or asserts an interest in the property. [2009 c.78 §12; 2009 c.874 §9]

Source: Section 131A.075 — Liens and security interests of financial institutions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 133.007 — OR Code / Title 14 / Chapter 133 / Section 133.007
133.007 Sufficiency of information or complaint
Status: in_force

(1) An information or complaint is sufficient if it can be understood therefrom that:

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

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

(c) The offense was committed at some time prior to the filing of the information or complaint and within the time limited by law for the commencement of an action therefor.

(2) The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense that might subject the defendant to enhanced penalties.

(3) Words used in a statute to define an offense need not be strictly followed in the information or complaint, but other words conveying the same meaning may be used. [1973 c.836 §63; 2005 c.22 §101]

Source: Section 133.007 — Sufficiency of information or complaint; previous convictions; use of statutory language , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.376 — OR Code / Title 14 / Chapter 144 / Section 144.376
144.376 Contracts for sharing expense with other states of cooperative returns of violators
Status: in_force

The Department of Corrections may enter into contracts with similar officials of any state, for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the conditions of parole, post-prison supervision, probation, conditional pardon or other conditional release. [1955 c.369 §2; 1969 c.597 §119; 1983 c.425 §1; 1987 c.320 §66; 1989 c.790 §46]

Source: Section 144.376 — Contracts for sharing expense with other states of cooperative returns of violators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.325 — OR Code / Title 14 / Chapter 131 / Section 131.325
131.325 Place of trial
Status: in_force

If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 §16]

Source: Section 131.325 — Place of trial; doubt as to place of crime; conduct outside of state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 133.245 — OR Code / Title 14 / Chapter 133 / Section 133.245
133.245 Arrest by federal officer
Status: in_force

(1) A federal officer may arrest a person:

(a) For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.

(b) For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime.

(c) When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805 (Liability of individual for medical services received while in custody of law enforcement officer) .

(d) When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest.

(2) The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.

(3) In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.233 (Use of physical force by peace officer) , 161.242 (Use of deadly physical force by peace officer) and 161.245 (“Reasonable belief” described) .

(4) Intentionally left blank —Ed.

(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer.

(b) The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.

(5) A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer.

(6) A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 §3; 1993 c.254 §2; 1995 c.79 §48; 1997 c.853 §34; 2020 s.s.2 c.3 §13]

Source: Section 133.245 — Arrest by federal officer; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.633 — OR Code / Title 14 / Chapter 153 / Section 153.633
153.633 Distribution to state
Status: in_force

(1) In any criminal action in a circuit court in which a fine is imposed, the lesser of the following amounts is payable to the state before any other distribution of the fine is made:

(a) $65; or

(b) The amount of the fine if the fine is less than $65.

(2) In any criminal action in a justice or municipal court in which a fine is imposed, the lesser of the following amounts is payable to the state before any other distribution of the fine is made:

(a) $50; or

(b) The amount of the fine if the fine is less than $50.

(3) A justice or municipal court shall forward the amount prescribed under subsection (2) of this section to the Department of Revenue for deposit in the Criminal Fine Account.

(4) Intentionally left blank —Ed.

(a) The provisions of this section do not apply to fines imposed under ORS 339.990 (Penalties) .

(b) The provisions of subsection (2) of this section do not apply to fines imposed in justice and municipal courts under ORS 811.590 (Unlawful parking in winter recreation parking area) , 814.485 (Failure to wear protective headgear) , 814.486 (Endangering bicycle operator or passenger) , 814.534 (Failure of motor assisted scooter operator to wear protective headgear) , 814.536 (Endangering motor assisted scooter operator) , 814.600 (Failure of skateboarder, scooter rider or in-line skater to wear protective headgear) or 830.990 (Penalties) (1). [2011 c.597 §6b; 2012 c.89 §15; 2013 c.685 §9; 2017 c.139 §4; 2017 c.712 §4]

Source: Section 153.633 — Distribution to state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 146.780 — OR Code / Title 14 / Chapter 146 / Section 146.780
146.780 Confidentiality of records and reports
Status: in_force

Notwithstanding the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) relating to confidentiality and accessibility for public inspection of public records, records and reports made under the provisions of ORS 146.750 (Injuries to be reported to law enforcement agency) are confidential and are not accessible for public inspection. [1965 c.472 §7; 1967 c.545 §7; 1971 c.401 §10; 1971 c.451 §15; 1973 c.408 §29; 1973 c.794 §15a]

Source: Section 146.780 — Confidentiality of records and reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 133.239 — OR Code / Title 14 / Chapter 133 / Section 133.239
133.239 Arrest by parole and probation officer
Status: in_force

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

(2) A parole and probation officer may arrest a person if the person is being supervised by the Department of Corrections or a county community corrections agency.

(3) Intentionally left blank —Ed.

(a) A parole and probation officer making an arrest under this section shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.

(b) The parole and probation officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person. [2005 c.668 §6]

Source: Section 133.239 — Arrest by parole and probation officer; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 147.535 — OR Code / Title 14 / Chapter 147 / Section 147.535
147.535 Appeals generally
Status: in_force

(1) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS 147.515 (Claims) , 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) shall be solely as provided in this section and ORS 147.537 (Appellate review as matter of right) , 147.539 (Discretionary review) and 147.542 (Stay pending appeal) .

(b) A defendant who seeks to appeal an order issued under ORS 147.515 (Claims) , 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) must do so in the manner provided for appeals in ORS chapter 138. The provisions of this section and ORS 147.537 (Appellate review as matter of right) , 147.539 (Discretionary review) and 147.542 (Stay pending appeal) do not apply to an appeal under ORS chapter 138.

(c) Nothing in ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) affects the ability of a defendant to petition for a writ of mandamus.

(2) Jurisdiction for appellate review of an order issued under ORS 147.515 (Claims) , 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) is vested originally and exclusively in the Supreme Court.

(3) Subject to ORS 147.542 (Stay pending appeal) , the jurisdiction of the Supreme Court is limited to the order for which appellate review is sought and the trial court retains jurisdiction over all other matters in the criminal proceeding.

(4) Appellate review of an order issued under ORS 147.515 (Claims) , 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) shall be as provided in:

(a) ORS 147.537 (Appellate review as matter of right) if the order was issued under ORS 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) in a criminal proceeding in which a defendant is charged with a felony or a person Class A misdemeanor, as that term is defined by rule of the Oregon Criminal Justice Commission, and the order arises from a motion or claim alleging a violation that occurred prior to the pronouncement in open court of the sentence or disposition after a plea, admission or trial in the criminal proceeding.

(b) ORS 147.539 (Discretionary review) in all appeals arising under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) except those described in paragraph (a) of this subsection.

(5) The victim, the state or any person against whom relief was ordered has standing to seek appellate review of an order unless, after notice and a reasonable opportunity to be heard on the claim or motion that resulted in the order or a related claim or motion, the person or party seeking appellate review did none of the following:

(a) Inform the court of a claim.

(b) File a response under ORS 147.517 (Notice) (4).

(c) File a motion under ORS 147.522 (Issue that will have impact on trial) .

(d) Participate in a hearing under ORS 147.530 (Hearing on claim, response or motion) .

(6) Pursuant to ORS 180.060 (Powers and duties of Attorney General) , the Attorney General shall appear for the state in all appeals under this section and ORS 147.537 (Appellate review as matter of right) , 147.539 (Discretionary review) and 147.542 (Stay pending appeal) . [2009 c.178 §13; 2013 c.224 §3]

Note: See note under 147.500 (Definitions) .

Source: Section 147.535 — Appeals generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.600 — OR Code / Title 14 / Chapter 131 / Section 131.600
131.600 Record keeping and reporting requirements
Status: in_force

(1) A seizing agency and any agency that receives forfeited property or proceeds from the sale of forfeited property under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) shall maintain written documentation of each sale, decision to retain, transfer or other disposition of forfeited property.

(2) Intentionally left blank —Ed.

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

(b) As soon as practicable following entry of judgment under ORS 131.588 (Judgment of forfeiture) , forfeiture counsel shall file with the committee an electronic report describing the judgment and the manner in which any forfeited property and the proceeds from any sales of forfeited property were distributed.

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

(4) Political subdivisions of this state that receive forfeiture proceeds under ORS 131.594 (Disposition and distribution of forfeited property when seizing agency not the state) shall submit an electronic report to the committee for any calendar year in which those proceeds are received. The report must be submitted no later than January 31 of the following year and must describe how the proceeds received by the political subdivision have been or will be used.

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

(6) The committee shall develop and make available electronic forms for the purposes of the reports described in this section. [2005 c.830 §18; 2011 c.504 §1; 2013 c.9 §1]

Source: Section 131.600 — Record keeping and reporting requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.490 — OR Code / Title 14 / Chapter 144 / Section 144.490
144.490 Status of enrollees
Status: in_force

(1) A person enrolled, or assigned to participate, in the work release program is not an agent, employee or servant of a Department of Corrections institution, the department or this state:

(a) While working, seeking gainful employment or otherwise participating, in an adult in custody work program; or

(b) While going to the place of such employment or work assignment from the place where the person is quartered, or while returning therefrom.

(2) For purposes of this chapter, a person enrolled, or assigned to participate, in the work release program established under ORS 144.420 (Department of Corrections to administer work release program) is considered to be an adult in custody in a Department of Corrections institution. [1965 c.463 §§11,13; 1987 c.320 §73; 1995 c.384 §8; 2019 c.213 §36]

Source: Section 144.490 — Status of enrollees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.158 — OR Code / Title 14 / Chapter 137 / Section 137.158
137.158 Level IV obligations in local court judgments
Status: in_force

Level IV obligations in criminal judgments entered in local courts are amounts payable for reward reimbursement under ORS 131.897 (Authority to order repayment of reward as part of sentence) . [2013 c.685 §20]

Source: Section 137.158 — Level IV obligations in local court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.625 — OR Code / Title 14 / Chapter 136 / Section 136.625
136.625 Where witness material to proceeding in another state is in this state
Status: in_force

(1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that the presence of the person will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.

(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

(3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the attendance of the witness in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before the judge for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state only after the tender of payment of the mileage and per diem herein provided for.

(4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. [Formerly 139.220]

Source: Section 136.625 — Where witness material to proceeding in another state is in this state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.669 — OR Code / Title 14 / Chapter 137 / Section 137.669
137.669 Guidelines control sentences
Status: in_force

The guidelines adopted under ORS 137.667 (Amendments to sentencing guidelines) , together with any amendments, supplements or repealing provisions, shall control the sentences for all crimes committed after the effective date of such guidelines. Except as provided in ORS 137.637 (Determining length of determinate sentences) and 137.671 (Authority of court to impose sentence outside guidelines) , the incarcerative guidelines and any other guidelines so designated by the Oregon Criminal Justice Commission shall be mandatory and constitute presumptive sentences. [1987 c.619 §5; 1989 c.790 §95; 1995 c.420 §7; 1997 c.691 §4]

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

Source: Section 137.669 — Guidelines control sentences; mandatory sentences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.540 — OR Code / Title 14 / Chapter 135 / Section 135.540
135.540 Effect of resubmission of case
Status: in_force

Subject to the limitations of ORS 135.530 (Effect of allowance of motion) (2), if the court allows the case to be resubmitted or refiled, the defendant, if then in custody, shall so remain, unless the defendant is released as provided by law. If the defendant has already been released, the release agreement or any security deposited as provided by law, shall continue to insure the appearance of the defendant to answer a new indictment or information, if one is filed. [Amended by 1973 c.836 §181]

Source: Section 135.540 — Effect of resubmission of case , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.360 — OR Code / Title 14 / Chapter 133 / Section 133.360
133.360 Arrests on warrant or order transmitted by telegraph
Status: in_force

Whenever any person has been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest has been issued, the magistrate issuing the warrant, or any judge of the Supreme Court, or of the Court of Appeals, or of a circuit or county court, may indorse thereon an order signed by the magistrate or judge authorizing the service thereof by telegraph. Thereupon the warrant and order may be sent by telegraph to any marshal, sheriff, constable or police officer and on receipt of the telegraphic copy thereof, as defined in ORS 165.840 (“Telegraphic copy” defined for ORS 165.845 and 165.850) , by any such officer, the officer shall have the same authority and be under the same obligations to arrest, take into custody and detain the person as if the original warrant of arrest with the proper direction for its service duly indorsed thereon had been placed in the hands of the officer. The telegraphic copy shall be entitled to full faith and credit and shall have the same force and effect in all courts and places as the original. Prior to indictment or conviction, no such order shall be made by any officer unless in the judgment of the officer there is probable cause to believe the accused person guilty of the offense charged, but the making of such order by any officer is prima facie evidence of the regularity thereof and of all proceedings prior thereto. The original warrant and order, or a copy thereof certified by the officer making the order, shall be preserved in the telegraph office from which the same is sent and in telegraphing the same, the original or the certified copy may be used. [Amended by 1969 c.198 §61; 1991 c.67 §26]

Source: Section 133.360 — Arrests on warrant or order transmitted by telegraph , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.765 — OR Code / Title 14 / Chapter 136 / Section 136.765
136.765 Notice to defendant
Status: in_force

In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by:

(1) Pleading the enhancement fact in the accusatory instrument; or

(2) Providing written notice to the defendant of the enhancement fact, and the state’s intention to rely on it, no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown. [2005 c.463 §2; 2011 c.267 §1]

Note: 136.765 (Notice to defendant) to 136.785 (Burden of proof) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 136.765 — Notice to defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.680 — OR Code / Title 14 / Chapter 135 / Section 135.680
135.680 Procedure if resubmission of case not allowed
Status: in_force

If the court does not allow the case to be resubmitted or an amended complaint or information filed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement shall be discharged. If the defendant has deposited any security, the security shall be returned to the defendant as provided by law. [Amended by 1973 c.836 §187]

Source: Section 135.680 — Procedure if resubmission of case not allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.380 — OR Code / Title 14 / Chapter 144 / Section 144.380
144.380 Violator as fugitive from justice
Status: in_force

After the suspension of parole or post-prison supervision or revocation of probation or conditional pardon of any convicted person, and until the return of the person to custody, the person shall be considered a fugitive from justice. [Amended by 1973 c.694 §11; 1989 c.790 §47]

Source: Section 144.380 — Violator as fugitive from justice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 132.250 — OR Code / Title 14 / Chapter 132 / Section 132.250
132.250 District attorney to ensure proceedings are recorded
Status: in_force

(1) Intentionally left blank —Ed.

(a) The district attorney of a county shall ensure that proceedings before the grand jury are recorded in the manner described in this section and ORS 132.260 (Recording of testimony required) .

(b) The Chief Justice of the Supreme Court shall designate the types of audio electronic recording devices suitable for recording grand jury proceedings and may establish policies and procedures by rule or order to carry out the provisions of this section and ORS 132.260 (Recording of testimony required) and 132.270 (Release and use of recording, transcript, notes or report) .

(c) The district attorney shall use to record the grand jury proceedings audio electronic recording devices designated, provided and maintained by the Judicial Department.

(2) Intentionally left blank —Ed.

(a) The district attorney shall delegate the recording of grand jury proceedings to a grand juror and shall provide instruction to the grand juror concerning the audio electronic recording equipment and requirements of the recording.

(b) Notwithstanding paragraph (a) of this subsection, the court may, upon request of the prosecuting attorney, appoint a certified shorthand reporter as defined in ORS 8.415 (Definitions for ORS 8.415 to 8.455) or a shorthand reporter certified by a national certification association, who shall be permitted to attend all proceedings of the grand jury for the purpose of taking accurate notes. The shorthand reporter’s services shall be paid for by the prosecuting attorney. The shorthand reporter shall be sworn to correctly report the proceedings of the grand jury described in ORS 132.260 (Recording of testimony required) and to keep secret any information concerning the grand jury proceedings.

(c) The grand juror or shorthand reporter recording the proceedings is not subject to subpoena, and may not disclose any information, concerning the grand jury proceedings without prior court order.

(3) Intentionally left blank —Ed.

(a) A failure of an audio electronic recording device to accurately record all or part of a grand jury proceeding does not affect the validity of any prosecution or indictment.

(b) A failure of a grand juror to operate an audio electronic recording device in a manner that accurately records all or part of a grand jury proceeding, as required, does not affect the validity of any prosecution or indictment.

(c) A failure of a shorthand reporter to prepare accurate notes or an accurate report of all or part of a grand jury proceeding, as required, does not affect the validity of any prosecution or indictment.

(4) This section and ORS 132.260 (Recording of testimony required) do not apply to grand jury proceedings under ORS 132.440 (Inquiry into conditions in correctional and youth correction facilities) that inquire into the condition and management of correctional facilities and youth correction facilities. [2017 c.650 §1; 2017 c.650 §9]

Source: Section 132.250 — District attorney to ensure proceedings are recorded; electronic recording equipment; shorthand reporter; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 153.033 — OR Code / Title 14 / Chapter 153 / Section 153.033
153.033 Rules of procedure
Status: in_force

The Supreme Court may adopt rules for the conduct of violation proceedings. Rules adopted by the Supreme Court under this section must be consistent with the provisions of this chapter. Rules adopted under this section supersede any local rule of a state court to the extent the local rule is inconsistent with the rule adopted by the Supreme Court. All city ordinances and municipal court rules must conform to any rules adopted by the Supreme Court under this section. [1999 c.1051 §8]

Source: Section 153.033 — Rules of procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.711 — OR Code / Title 14 / Chapter 135 / Section 135.711
135.711 Facts constituting crime or subcategory of crime required
Status: in_force

For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime Seriousness Scale established by the rules of the Oregon Criminal Justice Commission. [1989 c.790 §4]

Source: Section 135.711 — Facts constituting crime or subcategory of crime required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.407 — OR Code / Title 14 / Chapter 135 / Section 135.407
135.407 Plea agreement must contain defendant’s criminal history classification
Status: in_force

In cases arising from felonies committed on or after November 1, 1989:

(1) Whenever a plea agreement is presented to the sentencing judge, the defendant’s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately represented to the trial judge in the plea agreement. If a controversy exists as to whether a prior conviction or juvenile adjudication should be included in the defendant’s criminal history, or as to its classification under rules of the Oregon Criminal Justice Commission, the district attorney and the defendant may stipulate to the inclusion, exclusion or classification of the conviction or adjudication as part of the plea agreement subject to approval of the court.

(2) The district attorney and the defendant may stipulate to the grid block classification within the sentencing guidelines grid established by the rules of the Oregon Criminal Justice Commission that will provide the presumptive sentence range for the offender. The sentencing judge may accept the stipulated classification and impose the presumptive sentence provided in the rules of the Oregon Criminal Justice Commission for that grid block.

(3) If the district attorney and the defendant stipulate to a grid block classification within the sentencing guidelines grid, and the sentencing judge accepts the stipulated classification but imposes a sentence other than the presumptive sentence provided by rules of the Oregon Criminal Justice Commission, the sentence is a departure sentence and is subject to rules of the Oregon Criminal Justice Commission related to departures.

(4) The district attorney and defendant may stipulate to a specific sentence within the presumptive range provided by rules of the Oregon Criminal Justice Commission for the stipulated offender classification. If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence.

(5) The district attorney and the defendant may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification. The sentencing judge may accept an agreement for an optional probationary sentence or a departure sentence as provided in rules of the Oregon Criminal Justice Commission. [1989 c.790 §2]

Source: Section 135.407 — Plea agreement must contain defendant’s criminal history classification; stipulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 142.030 — OR Code / Title 14 / Chapter 142 / Section 142.030
142.030 Rights and authority conferred by order of delivery
Status: in_force

The order provided for in ORS 142.020 (Delivery of stolen property to owner) entitles the owner or the agent of the owner to demand and receive the possession of the property from the officer having it in custody and authorizes such officer to deliver it accordingly; but it does not affect the rights of third persons.

Source: Section 142.030 — Rights and authority conferred by order of delivery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors142.­html (accessed May 26, 2025).
ORS § 142.070 — OR Code / Title 14 / Chapter 142 / Section 142.070
142.070 Powers and duties of peace officers respecting theft and slaughter of animals and other property
Status: in_force

All persons serving as special officers for the enforcement of any state or municipal law hereby are vested with the full powers of peace officers in so far as the same may be necessary or convenient for the apprehension of any persons engaged in, or accused of, the theft or slaughter of livestock, livestock carcasses, poultry, killed or dressed, or other personal property and products of the same or different kind from farms, pastures, ranges, industrial plants and other places of production or robbing the owners of such personal property, or other persons in possession of the same; for the prevention of such crimes; and for obtaining and seeking to obtain evidence of such crimes. It is the duty of all peace officers in the State of Oregon to enforce all laws for the protection of the property and the prevention of the crimes above mentioned.

Source: Section 142.070 — Powers and duties of peace officers respecting theft and slaughter of animals and other property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors142.­html (accessed May 26, 2025).
ORS § 131.825 — OR Code / Title 14 / Chapter 131 / Section 131.825
131.825 Hearing
Status: in_force

The court, or judge thereof, in conducting such hearing, shall have all the usual powers of the circuit court or judge, including the power to subpoena and examine witnesses of its own motion. The Governor, the officer affected or any party interested may subpoena witnesses and appear and participate in person or by counsel, and the officer shall be given reasonable opportunity to prepare and present this case. The Attorney General shall appear on behalf of the Governor if by the Governor requested so to do. [Formerly 148.120]

Source: Section 131.825 — Hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.315 — OR Code / Title 14 / Chapter 137 / Section 137.315
137.315 Electronic telecommunication of notice of judgment authorized
Status: in_force

Whenever it is necessary that a copy of the entry of judgment against a defendant be delivered to the Department of Corrections or any other correctional authority of this state, or to the correctional authority of any political subdivision of this state, the court or the sheriff may transmit notice of the judgment by electronic telecommunication. The notice of judgment shall serve as authority for imprisonment under this chapter. The notice need not be a duplicate or photographic copy of judgment, but if it is not a duplicated or photographic copy, then it must be followed in due course by a duplicate or photographic copy with a notation that notice had been sent previously. [1987 c.251 §2]

Source: Section 137.315 — Electronic telecommunication of notice of judgment authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.080 — OR Code / Title 14 / Chapter 136 / Section 136.080
136.080 Deposition of witness as condition of postponement
Status: in_force

When an application is made for the postponement of a trial, the court may in its discretion require as a condition precedent to granting the same that the party applying therefor consent that the deposition of a witness may be taken and read on the trial of the case. Unless such consent is given, the court may refuse to allow such postponement for any cause.

Source: Section 136.080 — Deposition of witness as condition of postponement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.260 — OR Code / Title 14 / Chapter 137 / Section 137.260
137.260 Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged
Status: in_force

Any person convicted of a felony prior to August 9, 1961, and subsequently discharged from probation, parole or imprisonment prior to or after August 9, 1961, is hereby restored to the political rights of the person. [1961 c.412 §4]

Source: Section 137.260 — Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.930 — OR Code / Title 14 / Chapter 137 / Section 137.930
137.930 Criminal history data provider requirements
Status: in_force

(1) A criminal history data provider is prohibited from including criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record of a person’s criminal history occurring more than 60 days before the date the criminal history report is delivered.

(2) As used in this section, “material changes” include, but are not limited to:

(a) The setting aside of a conviction arrest, record of acquittal or dismissal, or the issuance of a criminal citation or criminal charge, if no accusatory instrument is filed;

(b) The reduction of an offense to a lower level of offense; and

(c) The vacating of a conviction.

(3) A violation of subsection (1) of this section constitutes an unlawful trade practice under ORS 646.607 (Unlawful business, trade practices) . [2021 c.486 §4]

Note: 137.930 (Criminal history data provider requirements) 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 137.930 — Criminal history data provider requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.450 — OR Code / Title 14 / Chapter 144 / Section 144.450
144.450 Approval or rejection of recommendations
Status: in_force

(1) The Director of the Department of Corrections shall approve or reject each recommendation under ORS 144.440 (Recommendation by sentencing court) or 421.170 (Enrollment of adult in custody in work release program) for enrollment in the work release program. Rejection by the director of a recommendation does not preclude submission under ORS 421.170 (Enrollment of adult in custody in work release program) of subsequent recommendations regarding enrollment of the same person.

(2) An adult in custody may be assigned by the Department of Corrections to participate in an adult in custody work program, or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, without the consent of the adult in custody.

(3) The director shall promulgate rules for carrying out ORS 144.410 (Definitions for ORS 144.410 to 144.525) to 144.525 (Custody of enrollee earnings deducted or otherwise retained by department) and 421.170 (Enrollment of adult in custody in work release program) .

(4) In approving a recommendation and enrolling a person in the work release program, or in assigning an adult in custody to participate in an adult in custody work program or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, the director may prescribe any specific conditions that the director finds appropriate to assure compliance by the person with the general procedures and objectives of the work release program.

(5) ORS 183.410 (Agency determination of applicability of rule or statute to petitioner) to 183.500 (Appeals) do not apply to actions taken under this section. [1965 c.463 §7; 1973 c.621 §8a; 1973 c.836 §306; 1987 c.320 §70a; 1995 c.384 §5; 1997 c.851 §9; 2019 c.213 §34]

Source: Section 144.450 — Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.050 — OR Code / Title 14 / Chapter 136 / Section 136.050
136.050 Reasonable doubt as to degree of crime committed by defendant
Status: in_force

When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as to the degree of which the defendant is guilty, the defendant can be convicted of the lowest of those degrees only.

Source: Section 136.050 — Reasonable doubt as to degree of crime committed by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.515 — OR Code / Title 14 / Chapter 147 / Section 147.515
147.515 Claims
Status: in_force

(1) A victim who wishes to allege a violation of a right granted to the victim in a criminal proceeding by Article I, section 42 or 43, of the Oregon Constitution, shall inform the court within 30 days of the date the victim knew or reasonably should have known of the facts supporting the allegation. The victim shall describe the facts supporting the allegation and propose a remedy.

(2) The victim may inform the court of a claim:

(a) On a form prescribed by the Chief Justice of the Supreme Court; or

(b) On the record in open court and in the presence of the defendant and the prosecuting attorney.

(3) If the victim informs the court of a facially valid claim on a form under subsection (2)(a) of this section, the court shall promptly issue the order to show cause described in ORS 147.517 (Notice) .

(4) If the victim informs the court of a facially valid claim orally under subsection (2)(b) of this section and the court determines:

(a) That each person entitled to notice of the claim and a reasonable opportunity to be heard is present, the court shall hold a hearing under ORS 147.530 (Hearing on claim, response or motion) as soon as practicable; or

(b) That any person entitled to notice of the claim and a reasonable opportunity to be heard is not present, the court shall issue the order to show cause described in ORS 147.517 (Notice) .

(5) If the court determines that the victim has not alleged a facially valid claim, the court shall enter a written order dismissing the claim. The order must:

(a) Include the reasons the claim was dismissed; and

(b) Be without prejudice to file, within seven days from the date the victim receives the written order dismissing the claim, a corrected claim for the sole purpose of correcting the deficiency identified by the court.

(6) If a victim informs the court of a claim orally and the court does not immediately hear the matter, the court may require the victim to complete the form described in subsection (2)(a) of this section. [2009 c.178 §6; 2011 c.659 §3; 2013 c.224 §1]

Note: See note under 147.500 (Definitions) .

Source: Section 147.515 — Claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 153.073 — OR Code / Title 14 / Chapter 153 / Section 153.073
153.073 Time and place
Status: in_force

Unless notice is waived by the defendant, the court shall mail or otherwise provide to the defendant notice of the date, time and place at least five days before the date set for trial under ORS 153.070 (When trial required) . If the citation is for a traffic violation, or is for a violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) , the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220 (Failure to appear) . [1999 c.1051 §20; 2001 c.817 §3; 2003 c.518 §1a]

Source: Section 153.073 — Time and place , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 136.120 — OR Code / Title 14 / Chapter 136 / Section 136.120
136.120 Dismissal when prosecutor unready for trial
Status: in_force

(1) If the defendant appears at the time set for trial and the prosecuting attorney is not ready and does not show sufficient cause for postponing the trial, the court shall dismiss the accusatory instrument unless the court determines that dismissal is not in the public interest.

(2) If the court dismisses the accusatory instrument under subsection (1) of this section and:

(a) The instrument charges a felony or Class A misdemeanor, the dismissal is not a bar to another action for the same offense unless the court so orders.

(b) The instrument charges an offense other than a felony or Class A misdemeanor, the dismissal shall be a bar to another action for the same offense.

(3) If the dismissal is a bar to another action for the same offense, the court shall follow the procedures described in ORS 135.680 (Procedure if resubmission of case not allowed) concerning the defendant’s release. [Amended by 1973 c.836 §228; 2017 c.529 §5]

Source: Section 136.120 — Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.881 — OR Code / Title 14 / Chapter 135 / Section 135.881
135.881 Definitions for ORS 135.881 to 135.901
Status: in_force

As used in ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement) :

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

(2) “Diversion” means referral of a defendant in a criminal case to a supervised performance program prior to adjudication.

(3) “Diversion agreement” means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against the defendant dismissed.

(4) “Servicemember” means a person who:

(a) Is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; or

(b) Intentionally left blank —Ed.

(A) Served as a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; and

(B) Received an honorable discharge, a general discharge under honorable conditions or a discharge under other than honorable conditions. [1977 c.373 §1; 2010 c.25 §1]

Source: Section 135.881 — Definitions for ORS 135.881 to 135.901 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.068 — OR Code / Title 14 / Chapter 133 / Section 133.068
133.068 Contents of criminal citation issued without complaint
Status: in_force

A criminal citation issued without a form of complaint must contain:

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

(2) The name of the person cited.

(3) A brief description of the offense for which the person is charged, the date, time and place at which the offense occurred, the date on which the citation was issued, and the name of the peace officer who issued the citation.

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

(5) Whether a complaint or information had been filed with the court at the time the citation was issued.

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

(7) The following:

This citation is not a complaint or an information. A complaint or an information may be filed and you will be provided a copy thereof at the time of your first appearance. You MUST appear in court at the time set in the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR INFORMATION HAS BEEN FILED, THE COURT WILL IMMEDIATELY ISSUE A WARRANT FOR YOUR ARREST.

[1999 c.1051 §60]

Source: Section 133.068 — Contents of criminal citation issued without complaint , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.105 — OR Code / Title 14 / Chapter 138 / Section 138.105
138.105 Appeal by defendant
Status: reserved

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

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

(3) Except as otherwise provided in this section, the appellate court has authority to review any intermediate decision of the trial court.

(4) On appeal from a judgment of conviction and sentence, the appellate court has authority to review:

(a) The denial of a motion for new trial based on juror misconduct or newly discovered evidence; and

(b) The denial of a motion in arrest of judgment.

(5) The appellate court has no authority to review the validity of the defendant’s plea of guilty or no contest, or a conviction based on the defendant’s plea of guilty or no contest, except that:

(a) The appellate court has authority to review the trial court’s adverse determination of a pretrial motion reserved in a conditional plea of guilty or no contest under ORS 135.335 (Pleading by defendant) .

(b) The appellate court has authority to review whether the trial court erred by not merging determinations of guilt of two or more offenses, unless the entry of separate convictions results from an agreement between the state and the defendant.

(6) On appeal from a judgment ordering payment of restitution but not specifying the amount of restitution, the appellate court has no authority to review the decision to award restitution.

(7) Except as otherwise provided in subsections (8) and (9) of this section, the appellate court has authority to review any sentence to determine whether the trial court failed to comply with requirements of law in imposing or failing to impose a sentence.

(8) Except as otherwise provided in subsection (9) of this section, for a sentence imposed on conviction of a felony committed on or after November 1, 1989:

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

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

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

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

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

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

(B) Constitute substantial and compelling reasons for departure.

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

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

(B) In imposing or failing to impose a minimum sentence prescribed by ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) .

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

(10) Intentionally left blank —Ed.

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

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

(c) As used in this subsection, “judgment” means any appealable judgment or order.

(11) Intentionally left blank —Ed.

(a) On a defendant’s cross-appeal under ORS 138.035 (Appeal by defendant) (5), the appellate court may, in its discretion, limit review to any decision by the trial court that is inextricably linked, either factually or legally, to the state’s appeal.

(b) The failure to file a cross-appeal under ORS 138.035 (Appeal by defendant) (5) does not waive a defendant’s right to assign error to a particular ruling of the trial court on appeal from a judgment. [2017 c.529 §13]

Source: Section 138.105 — Appeal by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 131.835 — OR Code / Title 14 / Chapter 131 / Section 131.835
131.835 Request that judge of another district conduct hearing
Status: in_force

When the Governor has made a request for an investigation before the court or judge of the district of the office affected, the court or judge may request that the hearing be held before the court or judge of any other district and call in such court or judge to conduct the same at the regular place of holding court in the district of the office affected. Such a request shall be made by the court or judge without delay and the court or judge called in shall proceed without delay to conduct the hearing. The actual necessary traveling expenses of any court or judge that is called in shall be paid out of the funds appropriated for the purposes of ORS 131.815 (Presentment of facts to circuit court) to 131.875 (Effect of appointment of special officers on salary of regular officers) upon properly verified vouchers being presented to the Secretary of State. [Formerly 148.130]

Source: Section 131.835 — Request that judge of another district conduct hearing; traveling expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 153.080 — OR Code / Title 14 / Chapter 153 / Section 153.080
153.080 Testimony by affidavit or declaration
Status: in_force

(1) Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit or declaration of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:

(a) Testimony may not be presented by affidavit or declaration under the provisions of this section unless the court has adopted rules providing procedures for the introduction and use of testimony by affidavit or declaration.

(b) The court shall allow testimony by affidavit or declaration under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.

(c) Testimony by affidavit or declaration under this section is not subject to objection as hearsay.

(d) A statement signed by the defendant under paragraph (b) of this subsection does not constitute a waiver of trial unless the affidavit or declaration specifically so provides.

(e) Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit or declaration as provided in this section.

(2) As used in this section, “declaration” means a declaration under penalty of perjury in the form required by ORCP 1 E. [1999 c.1051 §22; 2015 c.121 §2]

Source: Section 153.080 — Testimony by affidavit or declaration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 137.681 — OR Code / Title 14 / Chapter 137 / Section 137.681
137.681 Innovative Grant Program
Status: in_force

(1) The Oregon Criminal Justice Commission shall establish and administer the Innovative Grant Program as described in this section.

(2) Using funds in the Innovative Grant Fund described in ORS 137.682 (Innovative Grant Fund) , the commission shall award grants to programs that:

(a) Demonstrate strong potential to have positive impacts on public safety;

(b) Can produce measurable outcomes;

(c) Have the potential to benefit the entire state, either through immediate impact or through potential reproducibility after an initial pilot period; and

(d) Demonstrate coordination with local public safety coordinating councils.

(3) The commission shall adopt rules to carry out the provisions of this section. The rules must include, but are not limited to:

(a) A methodology for reviewing and approving grant applications and distributing grant funds; and

(b) A process for evaluating the efficacy of programs receiving grants under this section. [2021 c.609 §2]

Note: 137.681 (Innovative Grant Program) and 137.682 (Innovative Grant Fund) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.681 — Innovative Grant Program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.676 — OR Code / Title 14 / Chapter 137 / Section 137.676
137.676 Development of method for district attorneys to record and report bias-related crime data
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Oregon Criminal Justice Commission, in consultation with the Oregon District Attorneys Association and the Department of State Police, shall develop and implement a standardized method for district attorneys to record the data described in subsection (2) of this section and report the data to the commission.

(b) The commission shall analyze the data reported under this section to identify gaps or weaknesses in the investigation, presentation, prosecution and sanctioning of crimes motivated by bias.

(2) The data subject to recording and reporting under this section includes, at a minimum, the following data concerning any crime or alleged crime in which the bias of the actor was, in whole or in part, a motivating factor in the commission of the crime or alleged crime:

(a) Charges presented to the district attorney for prosecution;

(b) Cases issued by the district attorney;

(c) Charges indicted;

(d) Sentencing enhancements requested;

(e) Sentences imposed, including conditions of supervision;

(f) Charges to which a defendant enters a plea of guilty or no contest; and

(g) Trial outcomes.

(3) The district attorney of each county in this state shall record the data described in subsection (2) of this section and report the data to the commission.

(4) The data reported to, and maintained by, the commission under this section:

(a) Shall be used only for statistical purposes and not for any other purpose.

(b) Is exempt from public disclosure if the data directly identifies any individual involved in the crime or alleged crime described in subsection (2) of this section.

(5) Any data recorded by a district attorney under this section that reveals the identity of any individual is exempt from public disclosure.

(6) The commission may adopt rules to carry out the provisions of this section. [2019 c.553 §5; 2019 c.553 §6]

Note: 137.676 (Development of method for district attorneys to record and report bias-related crime data) 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 137.676 — Development of method for district attorneys to record and report bias-related crime data; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.790 — OR Code / Title 14 / Chapter 136 / Section 136.790
136.790 Notice to defendant upon remand
Status: in_force

In order to rely on an enhancement fact, as defined in ORS 136.760 (Definitions for ORS 136.765 to 136.785) , to increase the sentence that may be imposed upon remand of a case described in section 21 (3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state’s intention to rely on it. [2005 c.463 §22]

Note: 136.790 (Notice to defendant upon remand) 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 136.790 — Notice to defendant upon remand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.105 — OR Code / Title 14 / Chapter 137 / Section 137.105
137.105 Authority of trial court during pendency of appeal
Status: in_force

(1) The trial court retains authority during the pendency of an appeal to determine restitution and to enter a supplemental judgment specifying the amount and terms of restitution or an order denying restitution.

(2) If the trial court enters a supplemental judgment or an order under subsection (1) of this section during the pendency of an appeal, the trial court administrator shall immediately provide a copy of the supplemental judgment or the order to the appellate court. [2017 c.529 §19]

Note: 137.105 (Authority of trial court during pendency of appeal) was added to and made a part of 137.101 (Compensatory fine) to 137.109 (Effect of restitution order on other remedies of victim) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.105 — Authority of trial court during pendency of appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.533 — OR Code / Title 14 / Chapter 147 / Section 147.533
147.533 Waiver of remedy
Status: in_force

(1) A remedy under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) is waived if the remedy is requested:

(a) By a victim who had notice of a related claim and did neither of the following:

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

(B) Participate in a hearing under ORS 147.530 (Hearing on claim, response or motion) ; or

(b) By any person after:

(A) The date determined by the court under ORS 147.517 (Notice) (2)(a) if the person is filing a response;

(B) The period of time described in ORS 147.522 (Issue that will have impact on trial) if the person is filing a motion; or

(C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.

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

(a) Remedies that may be effectuated after the disposition of a criminal proceeding;

(b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;

(c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;

(d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or

(e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 §12]

Note: See note under 147.500 (Definitions) .

Source: Section 147.533 — Waiver of remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.775 — OR Code / Title 14 / Chapter 144 / Section 144.775
144.775 Commission members
Status: in_force

(1) There is hereby established an Advisory Commission on Prison Terms and Parole Standards. The commission shall consist of equal numbers of State Board of Parole and Post-Prison Supervision members and circuit court judges appointed by the Chief Justice of the Supreme Court. The legal counsel to the Governor shall serve as an ex officio member of the commission and shall not vote unless necessary to break a voting deadlock. The Director of the Department of Corrections shall act as an advisor to the commission.

(2) The term of office of each of the members appointed by the Chief Justice is four years. Before the expiration of the term of any of those members, the Chief Justice shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Chief Justice shall make an appointment to become immediately effective for the unexpired term.

(3) A member of the commission shall receive no compensation for services as a member. However, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties under ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(4) The chairperson of the State Board of Parole and Post-Prison Supervision and a judge elected by the judicial members shall serve in alternate years as chairperson of the commission. The chairperson and a vice chairperson shall be elected prior to July 1 of each year to serve for the year following. The commission shall adopt its own bylaws and rules of procedure. A majority of the commission members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the members shall be required to make proposals to the board under ORS 144.775 (Commission members) to 144.791 (Presentence report in felony conviction cases) .

(5) The commission shall meet at least annually at a place and time determined by the chairperson and at such other times and places as may be specified by the chairperson or five members of the commission.

(6) The State Board of Parole and Post-Prison Supervision shall provide the commission with the necessary clerical and secretarial staff support and shall keep the members of the commission fully informed of the experience of the board in applying the standards derived from those proposed by the commission.

(7) The commission shall propose to the State Board of Parole and Post-Prison Supervision and the board shall adopt rules establishing ranges of duration of imprisonment and variations from the ranges. In establishing the ranges and variations, factors provided in ORS 144.780 (Rules on duration of imprisonment) and 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist) shall be considered. [1977 c.372 §1; 1983 c.740 §20; 1987 c.320 §81; 1991 c.126 §7]

Source: Section 144.775 — Commission members; terms; compensation; rules on duration of prison terms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.909 — OR Code / Title 14 / Chapter 131 / Section 131.909
131.909 Moneys received
Status: in_force

All moneys received by Portland State University under ORS 131.908 (Funding contributions) shall be paid into the State Treasury and deposited into the General Fund to the credit of Portland State University. Such moneys are appropriated continuously to Portland State University for the purposes of ORS 131.906 (Law Enforcement Contacts Policy and Data Review Committee) . [2001 c.687 §9; 2007 c.190 §4]

Source: Section 131.909 — Moneys received , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.403 — OR Code / Title 14 / Chapter 147 / Section 147.403
147.403 Policies, guidelines and training requirements for providers of medical care to sexual assault patients
Status: in_force

(1) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state shall adopt policies for the treatment or referral of acute sexual assault patients, if such policies are not otherwise provided for by statute or administrative rule.

(2) Intentionally left blank —Ed.

(a) Each hospital, emergency medical service provider, intermediate care facility, skilled nursing facility, long term care facility and residential care facility in this state that performs forensic medical examinations of sexual assault patients shall:

(A) Adopt, in addition to the facility’s own guidelines, if any, the State of Oregon Medical Guideline for Sexual Assault Evaluation of Adolescent and Adult Patients developed and published by the Attorney General’s Sexual Assault Task Force.

(B) Except as provided in paragraph (b) of this subsection, employ or contract with at least one sexual assault forensic examiner who has completed didactic training sufficient to satisfy the training requirement for certification by the Oregon SAE/SANE Certification Commission established by the Attorney General.

(b) Paragraph (a)(B) of this subsection does not apply to a hospital that performs forensic medical examinations only of sexual assault patients who are minors. A hospital described in this paragraph may use physicians, physician assistants licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , naturopathic physicians licensed under ORS chapter 685 and nurses to conduct the examinations in consultation with a social worker trained in assisting sexual assault victims who are minors. [2011 c.511 §2; 2014 c.45 §28; 2017 c.356 §19]

Note: See note under 147.401 (Sexual assault response teams) .

Source: Section 147.403 — Policies, guidelines and training requirements for providers of medical care to sexual assault patients , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.104 — OR Code / Title 14 / Chapter 144 / Section 144.104
144.104 Supervisory authority
Status: in_force

(1) Upon release from prison, the person shall be supervised by the Department of Corrections or other supervisory authority.

(2) During the period of post-prison supervision, the supervisory authority may adjust the level of supervision and recommend to the State Board of Parole and Post-Prison Supervision revisions to the conditions of supervision appropriate to the released person’s conduct in the community. [1989 c.790 §§33,34; 1995 c.423 §24]

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

Source: Section 144.104 — Supervisory authority; revising conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.450 — OR Code / Title 14 / Chapter 133 / Section 133.450
133.450 Return of arrest warrant
Status: in_force

(1) If the defendant is arrested in the county in which the warrant issued, the defendant shall be taken before the magistrate who issued the warrant, or, if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county; but if the defendant is arrested in another county and the crime charged in the warrant is a misdemeanor, the officer shall, upon being required by the defendant, take the defendant before a magistrate of that county, who shall make a release decision as provided in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) . The officer shall at the same time deliver to the magistrate the warrant with the return of the officer indorsed and subscribed by the officer.

(2) After making the release decision, the magistrate shall certify that fact on the warrant and return the warrant and release agreement or security release to the officer having charge of the defendant. The officer shall then discharge the defendant from arrest and without delay deliver the warrant and release agreement or security release to the clerk of the court in the other county at which the defendant is required to appear.

(3) If the defendant is to be released and does not agree to the release agreement, or a security deposit is not forthwith given, the officer shall take the defendant before the magistrate who issued the warrant or some other magistrate in that county, as provided in this section, together with the warrant. [Formerly 133.520]

Source: Section 133.450 — Return of arrest warrant; release decision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.225 — OR Code / Title 14 / Chapter 133 / Section 133.225
133.225 Arrest by private person
Status: in_force

(1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.

(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255 (Use of physical force by private person making citizen’s arrest) . [1973 c.836 §74]

Source: Section 133.225 — Arrest by private person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.375 — OR Code / Title 14 / Chapter 137 / Section 137.375
137.375 Release of prisoners whose terms expire on weekends or legal holidays
Status: in_force

When the date of release from imprisonment of any prisoner in an adult correctional facility under the jurisdiction of the Department of Corrections, or any prisoner in a county or city jail, falls on Saturday, Sunday or a legal holiday, the prisoner shall be released, at the discretion of the releasing authority, on the first, second or third day preceding the date of release which is not a Saturday, Sunday or legal holiday. Prisoners of a county or city jail serving a mandatory minimum term specifically limited to weekends shall be released only at the time fixed in the sentence. [1953 c.532 §1; 1955 c.660 §16; 1971 c.290 §1; 1979 c.487 §10; 1987 c.320 §36; 2001 c.851 §7]

Source: Section 137.375 — Release of prisoners whose terms expire on weekends or legal holidays , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.985 — OR Code / Title 14 / Chapter 135 / Section 135.985
135.985 Procedure when defendant is servicemember
Status: in_force

(1) As used in this section, “servicemember” means a person who is a member, or who served as a member, of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard.

(2) At the time of arraignment on a criminal charge, the court shall inform the defendant that the defendant’s status as a servicemember may make the defendant eligible for treatment programs, diversion, specialty courts or mitigated sentencing, and that the defendant may obtain information about these options by consulting with the defendant’s attorney.

(3) In a criminal proceeding the defendant’s attorney may, with the permission of the defendant, notify the court that the defendant is a servicemember.

(4) The fact that a defendant is a servicemember may not be used as an aggravating factor in determining the defendant’s sentence. [2019 c.86 §1]

Note: 135.985 (Procedure when defendant is servicemember) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 135.985 — Procedure when defendant is servicemember , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.551 — OR Code / Title 14 / Chapter 137 / Section 137.551
137.551 Revocation of probationary sentences
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision shall adopt rules to establish release dates for revocations of probationary sentences imposed for felonies committed before November 1, 1989.

(2) To the extent permissible under law, the release dates for revocation of probationary sentences imposed for felonies committed before November 1, 1989, shall be set consistent with sanctions for probation revocations as provided by rules of the Oregon Criminal Justice Commission for felonies committed on or after November 1, 1989. [1989 c.790 §18a]

Note: 137.551 (Revocation of probationary sentences) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.551 — Revocation of probationary sentences; release dates; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.395 — OR Code / Title 14 / Chapter 144 / Section 144.395
144.395 Rerelease of persons whose parole has been revoked
Status: in_force

The board shall adopt rules consistent with the criteria in ORS 144.780 (Rules on duration of imprisonment) relating to the rerelease of persons whose parole has been revoked. [1977 c.372 §7]

Source: Section 144.395 — Rerelease of persons whose parole has been revoked; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.090 — OR Code / Title 14 / Chapter 137 / Section 137.090
137.090 Considerations in determining aggravation or mitigation
Status: in_force

(1) In determining aggravation or mitigation, the court shall consider:

(a) Any evidence received during the proceeding;

(b) The presentence report, where one is available; and

(c) Any other evidence relevant to aggravation or mitigation that the court finds trustworthy and reliable.

(2) In determining mitigation, the court may consider:

(a) Evidence regarding the defendant’s status as a servicemember as defined in ORS 135.881 (Definitions for ORS 135.881 to 135.901) .

(b) Whether the defendant committed the crime while under duress, compulsion, direction or pressure from another person who has:

(A) Committed acts of domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , against the defendant;

(B) Committed acts of abuse as a family or household member of the defendant, as those terms are defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735) , against the defendant; or

(C) Used force, intimidation, fraud or coercion to cause the defendant to engage, or attempt to engage, in a commercial sex act.

(3) In determining aggravation, the court shall consider whether the person was wearing body armor in the course of and in furtherance of the crime, or to facilitate the immediate flight therefrom.

(4) When a witness is so sick or infirm as to be unable to attend a sentencing proceeding, the deposition of the witness may be taken out of court at such time and place, and upon such notice to the adverse party, and before such person authorized to take depositions, as the court directs. [Amended by 1965 c.400 §1; 1973 c.836 §259; 1989 c.790 §10; 2013 c.331 §1; 2017 c.123 §1; 2023 c.288 §1]

Source: Section 137.090 — Considerations in determining aggravation or mitigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.450 — OR Code / Title 14 / Chapter 136 / Section 136.450
136.450 Number of jurors required for verdict
Status: in_force

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

(1) A jury in a criminal action may render a verdict of guilty only by unanimous agreement.

(2) A jury in a criminal action may render a verdict of not guilty only by a concurrence of at least 10 of 12 jurors. [Formerly 136.610; 1997 c.313 §25; 2019 c.635 §8; 2021 c.478 §11]

Source: Section 136.450 — Number of jurors required for verdict , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.520 — OR Code / Title 14 / Chapter 138 / Section 138.520
138.520 Relief which court may grant
Status: in_force

The relief which a court may grant or order under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall include release, new trial, modification of sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as rearrangement, retrial, custody and release on security. [1959 c.636 §2; 1999 c.1051 §258]

Source: Section 138.520 — Relief which court may grant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 135.783 — OR Code / Title 14 / Chapter 135 / Section 135.783
135.783 Effect of escape from custody in another state
Status: in_force

Escape from custody while in another state pursuant to the Agreement on Detainers is an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provision of the Agreement on Detainers and shall be punishable in the same manner as an escape from such institution. [Formerly 134.635]

Source: Section 135.783 — Effect of escape from custody in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 132.550 — OR Code / Title 14 / Chapter 132 / Section 132.550
132.550 Contents of indictment
Status: in_force

The indictment shall contain substantially the following:

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

(2) The title of the action;

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

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

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

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

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

(8) The dates of all grand jury proceedings related to the offense or offenses charged;

(9) The signatures of the foreman and of the district attorney; and

(10) The date the indictment is filed with the clerk of the court. [Amended by 1973 c.836 §58; 2007 c.71 §32; 2017 c.650 §7]

Source: Section 132.550 — Contents of indictment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 131.566 — OR Code / Title 14 / Chapter 131 / Section 131.566
131.566 Motor vehicle with hidden compartment
Status: in_force

(1) When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency:

(a) Retains the motor vehicle for law enforcement purposes; or

(b) Determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle.

(2) Notwithstanding ORS 131.594 (Disposition and distribution of forfeited property when seizing agency not the state) or 131.597 (Disposition and distribution of forfeited property when seizing agency is the state) , if the motor vehicle with a hidden compartment is forfeited and the seizing agency:

(a) Retains the motor vehicle for law enforcement purposes, the agency shall deduct the cost of disabling the hidden compartment from the value of the motor vehicle before making the distribution described in ORS 131.594 (Disposition and distribution of forfeited property when seizing agency not the state) or 131.597 (Disposition and distribution of forfeited property when seizing agency is the state) .

(b) Does not retain the motor vehicle for law enforcement purposes and determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle, the agency shall sell the motor vehicle for scrap or salvage and distribute the proceeds of the sale according to ORS 131.594 (Disposition and distribution of forfeited property when seizing agency not the state) or 131.597 (Disposition and distribution of forfeited property when seizing agency is the state) . The seizing agency shall ensure that the person to whom the motor vehicle is sold disables the hidden compartment or the motor vehicle.

(3) If a motor vehicle with a hidden compartment is forfeited and the seizing agency sells the motor vehicle, the agency shall deduct the cost of disabling the hidden compartment from the proceeds of the sale under ORS 131.594 (Disposition and distribution of forfeited property when seizing agency not the state) (1)(a) or 131.597 (Disposition and distribution of forfeited property when seizing agency is the state) (1)(a). [2009 c.874 §2]

Source: Section 131.566 — Motor vehicle with hidden compartment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 133.621 — OR Code / Title 14 / Chapter 133 / Section 133.621
133.621 Medical procedures
Status: in_force

A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, may withdraw bodily substances, pierce human tissue, perform medical tests and procedures and otherwise use medical procedures to gather evidence in a criminal investigation. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, shall not be held civilly liable for gathering potential evidence in a criminal investigation in a medically acceptable manner at the request of a peace officer. The civil immunity granted in this section is not conditioned upon the existence of probable cause, the existence of a search warrant or the existence of a court order. Nothing in this section shall be interpreted as requiring a duly licensed physician to act at the request of a peace officer. [1989 c.585 §2]

Note: 133.621 (Medical procedures) was added to and made a part of ORS chapter 133 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 133.621 — Medical procedures; immunity from liability for performing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.655 — OR Code / Title 14 / Chapter 131 / Section 131.655
131.655 Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater
Status: in_force

(1) Notwithstanding any other provision of law, a person may be detained in a reasonable manner and for a reasonable time by:

(a) A merchant or merchant’s employee who has probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or

(b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has probable cause to believe that the person has violated ORS 164.882 (Unlawful operation of an audiovisual device) .

(2) Probable cause is a defense to any civil or criminal action based on detention and interrogation that a person brings against:

(a) A merchant or merchant’s employee who has detained the person in a reasonable manner and for a reasonable time based on probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or

(b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has detained the person based on probable cause for believing that the person has violated ORS 164.882 (Unlawful operation of an audiovisual device) . [Formerly 133.037; 2005 c.459 §2]

Source: Section 131.655 — Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.644 — OR Code / Title 14 / Chapter 144 / Section 144.644
144.644 Criteria for determining residence
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision, in consultation with the Department of Corrections and community corrections agencies, shall adopt rules establishing criteria to be considered:

(a) In reviewing the proposed residence of a sex offender in a release plan under ORS 144.096 (Release plan) or a parole plan under ORS 144.125 (Review of parole plan, psychological reports and conduct prior to release) ; and

(b) In determining the residence of a sex offender in a release plan under ORS 144.096 (Release plan) , as a condition of post-prison supervision under ORS 144.102 (Conditions of post-prison supervision) or as a condition of parole under ORS 144.270 (Conditions of parole) .

(2) The board shall include in the rules:

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

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

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

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

(3) Based upon the rules adopted under subsections (1) and (2) of this section, the board shall develop a decision matrix to be used in determining the specific residence for a sex offender. [2001 c.365 §3; 2005 c.576 §6; 2011 c.258 §4]

Note: See note under 144.641 (Definitions) .

Source: Section 144.644 — Criteria for determining residence; State Board of Parole and Post-Prison Supervision; rules; matrix , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 146.035 — OR Code / Title 14 / Chapter 146 / Section 146.035
146.035 Chief Medical Examiner
Status: in_force

(1) There is established within the Department of State Police the Office of the Chief Medical Examiner for the purpose of directing and supporting the state death investigation program.

(2) The Chief Medical Examiner shall manage all aspects of the Office of the Chief Medical Examiner’s program.

(3) Subject to the State Personnel Relations Law, the Chief Medical Examiner may employ or discharge other personnel of the Office of the Chief Medical Examiner.

(4) The Office of the Chief Medical Examiner shall:

(a) File and maintain appropriate reports on all deaths requiring investigation.

(b) Maintain an accurate list of all active district medical examiners, assistant district medical examiners and designated pathologists.

(c) Transmit monthly to the Department of Transportation a report for the preceding calendar month of all information obtained under ORS 146.113 (Authority to order removal of body fluids) .

(5) Notwithstanding ORS 192.345 (Public records conditionally exempt from disclosure) (36):

(a) Any parent, spouse, sibling, child or personal representative of the deceased, or any person who may be criminally or civilly liable for the death, or their authorized representatives respectively, may examine and obtain copies of any medical examiner’s report, autopsy report or laboratory test report ordered by a medical examiner under ORS 146.117 (Autopsies) .

(b) The system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1) shall have access to reports described in this subsection as provided in ORS 192.517 (Access to records of individual with disability or individual with mental illness) . [1973 c.408 §4; 1987 c.142 §1; 1995 c.504 §3; 1995 c.744 §8; 2003 c.14 §60; 2005 c.498 §1; 2009 c.222 §§3,5; 2011 c.9 §7; 2013 c.1 §§6,7; 2015 c.14 §3; 2017 c.151 §6]

Source: Section 146.035 — Chief Medical Examiner; personnel; records; right to examine records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 146.145 — OR Code / Title 14 / Chapter 146 / Section 146.145
146.145 Jury of inquest
Status: in_force

(1) The district attorney shall order the inquest to be held at a specified time and place and as provided in ORS 10.810 (Definition) and 10.820 (Number of jurors required to concur) shall summon a jury of inquest to inquire into the cause and manner of death.

(2) Upon receipt of a copy of the order of inquest, the sheriff shall select, as provided by law, not less than eight prospective members of the jury of inquest.

(3) The sheriff shall obtain a summons for each prospective juror selected and cause the summons to be served upon such juror.

(4) At the time and place of the inquest the sheriff shall report to the district attorney the names of all prospective jurors summoned.

(5) A prospective juror may be excused by the district attorney if the juror was related or closely associated with the deceased, was a witness to the death or shows good cause that the juror may be biased.

(6) From among the prospective jurors not excused, six members of the jury of inquest shall be drawn by lot. [1973 c.408 §22]

Source: Section 146.145 — Jury of inquest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 131a.350 — OR Code / Title 14 / Chapter 131a / Section 131a.350
131A.350 Disposition generally
Status: in_force

Except as otherwise provided by intergovernmental agreement and this chapter, a forfeiting agency may:

(1) Sell, lease, lend or transfer forfeited property to any federal, state or local law enforcement agency or district attorney.

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

(3) Retain forfeited property.

(4) With written authorization from the district attorney for the county in which the property was seized, destroy any forfeited firearms or controlled substances. [2009 c.78 §41]

Source: Section 131A.350 — Disposition generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.010 — OR Code / Title 14 / Chapter 135 / Section 135.010
135.010 Time and place
Status: in_force

When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 (When presence of defendant is required) before the court in which it is found. Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignment shall be held during the first 36 hours of custody, excluding holidays, Saturdays and Sundays. In all other cases, except as provided for in ORS 133.060 (Cited person to appear before magistrate) , the arraignment shall be held within 96 hours after the arrest. [Amended by 1973 c.836 §130; 1983 c.344 §1; 1983 c.661 §12]

Source: Section 135.010 — Time and place , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.752 — OR Code / Title 14 / Chapter 137 / Section 137.752
137.752 Requirements when defendant committed to custody of county
Status: in_force

(1) When a court commits a defendant to the custody of a supervisory authority of a county under ORS 137.124 (Commitment of defendant to Department of Corrections or county) , the court shall order on the record in open court as part of the sentence imposed that the defendant may be considered by the supervisory authority for any form of alternative sanction authorized by ORS 423.478 (Duties of department and counties) , unless the court finds on the record in open court substantial and compelling reasons to order that the defendant not be considered for alternative sanctions.

(2) The supervisory authority may consider the defendant for alternative sanctions only upon order of the sentencing court appearing in the judgment.

(3) As used in this section, “supervisory authority” has the meaning given that term in ORS 144.087 (“Supervisory authority” defined) . [1997 c.313 §15]

Note: See note under 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs) .

Source: Section 137.752 — Requirements when defendant committed to custody of county , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.210 — OR Code / Title 14 / Chapter 137 / Section 137.210
137.210 Taxation of costs against complainant
Status: in_force

(1) If it is found by any justice or court trying the action or hearing the proceeding that the prosecution is malicious or without probable cause, that fact shall be entered upon record in the action or proceeding by the justice or court.

(2) Upon making the entry prescribed in subsection (1) of this section, the justice or court shall immediately render judgment against the complainant for the costs and disbursements of the action or proceeding.

(3) As used in this section “complainant” means every person who voluntarily appears before any magistrate or grand jury to prosecute any person in a criminal action, either for a misdemeanor or felony. [Amended by 1959 c.426 §3]

Source: Section 137.210 — Taxation of costs against complainant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.425 — OR Code / Title 14 / Chapter 135 / Section 135.425
135.425 Responsibilities of defense counsel
Status: in_force

(1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.

(2) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]

Source: Section 135.425 — Responsibilities of defense counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131a.050 — OR Code / Title 14 / Chapter 131a / Section 131a.050
131A.050 Seizure generally
Status: in_force

(1) Property seized for forfeiture is not subject to replevin, conveyance, sequestration or attachment, and is not subject to a motion or order to return under ORS chapter 133.

(2) Property that has been unconstitutionally seized may be forfeited if the property is determined to be subject to forfeiture under this chapter based on evidence that is not the fruit of the unconstitutional seizure.

(3) Property other than real property may be constructively seized by affixing a forfeiture notice to the property, or by recording a forfeiture notice in the public record. Real property, including equitable interests under land sale contracts, may be seized only by recording a forfeiture notice in the form prescribed by ORS 131A.155 (Recorded forfeiture notice) .

(4) If property is seized from the possession of a person who has a possessory lien in the property, the lien remains in effect after the seizure and is enforceable as though the person had retained possession of the property. [2009 c.78 §7]

Source: Section 131A.050 — Seizure generally , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.597 — OR Code / Title 14 / Chapter 137 / Section 137.597
137.597 Probationer may consent to imposition of sanctions
Status: in_force

Subject to rules adopted under ORS 137.595 (Establishing system of sanctions) , after receiving written notification of rights, a probationer may waive in writing a probation violation hearing, admit or not contest the violations alleged in the probation violation report and consent to the imposition of structured, intermediate sanctions by the Department of Corrections or a county community corrections agency pursuant to rules adopted under ORS 137.595 (Establishing system of sanctions) . [1993 c.680 §12]

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

Source: Section 137.597 — Probationer may consent to imposition of sanctions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.455 — OR Code / Title 14 / Chapter 136 / Section 136.455
136.455 General verdict on plea of not guilty
Status: in_force

A general verdict upon a plea of not guilty is either “guilty,” of an offense charged in the accusatory instrument, or “not guilty.” [Formerly 136.620]

Source: Section 136.455 — General verdict on plea of not guilty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.805 — OR Code / Title 14 / Chapter 131 / Section 131.805
131.805 Authority to employ special agents
Status: in_force

The Governor may employ, at such salaries as the Governor deems reasonable for the services rendered, special agents to effect the apprehension and conviction of criminals, the return of fugitives from justice, the investigation of cases in which the Governor believes the laws of the state are being violated, the supervision of persons paroled or conditionally pardoned from the Department of Corrections or the collection of evidence in any case, civil or criminal, in which the state is interested whenever in the judgment of the Governor it is necessary from the conditions existing in any case, whenever the Governor is convinced that criminals are likely to escape punishment and justice cannot be done by the regularly constituted authorities of any county of the state or of the state or whenever any emergency has arisen which in the judgment of the Governor would justify the Governor so doing. [Formerly 148.010; 1987 c.320 §17]

Source: Section 131.805 — Authority to employ special agents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 136.285 — OR Code / Title 14 / Chapter 136 / Section 136.285
136.285 Priority in trial schedule for defendants in custody
Status: in_force

The court shall endeavor to schedule trial dates for defendants in custody before defendants who have been released pending trial, subject however to rights of all defendants to be tried without unreasonable delay. [1971 c.323 §2]

Source: Section 136.285 — Priority in trial schedule for defendants in custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131a.055 — OR Code / Title 14 / Chapter 131a / Section 131a.055
131A.055 Inventory and receipt
Status: in_force

(1) Promptly upon seizure of property for forfeiture, the police officer who seized the property shall make an inventory of the seized property. The inventory may contain an estimate of the value of the seized property.

(2) If seized property is taken from the possession of a person, or there is a person who is in apparent control of the property at the time of the seizure, the officer shall deliver a receipt to that person when the property is seized. The receipt prepared under this subsection must contain:

(a) The inventory prepared under subsection (1) of this section;

(b) The identity of the seizing agency; and

(c) The address and telephone number of the office or other place where the person may obtain further information concerning the forfeiture.

(3) A seizing agency shall amend the inventory prepared by a police officer under this section if the agency determines at any time before the commencement of a forfeiture action under ORS 131A.225 (Forfeiture actions generally) that the inventory is substantially incorrect. The changes to the inventory must be clearly indicated in the amended inventory. A copy of the original inventory and any amendments made to the original inventory must be served with any summons and complaint served under ORS 131A.230 (Service) . If the amendment occurs after the commencement of a forfeiture action, the amended inventory must be served on all persons previously served with summons and complaint in the proceeding.

(4) If tangible personal property is constructively seized as described in ORS 131A.050 (Seizure generally) (3), the officer shall affix the receipt to the property. If the property is physically removed from the place of seizure, and the place is unoccupied or nobody is present with apparent control over the property, the officer shall promptly file the receipt in the public records of the forfeiting agency. [2009 c.78 §8]

Source: Section 131A.055 — Inventory and receipt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.050 — OR Code / Title 14 / Chapter 137 / Section 137.050
137.050 Nonattendance or nonappearance of released defendant when attendance required by court
Status: in_force

(1) If the defendant has been released on a release agreement or security deposit and does not appear for judgment when personal attendance is required by the court, the court may order a forfeiture of the security deposit as provided in ORS 135.280 (Arrest warrant) . In addition, if the defendant fails to appear as required by the release agreement or security deposit, the court may direct the clerk to issue a bench warrant for the defendant’s arrest.

(2) At any time after the making of the order for the bench warrant, the clerk, on the application of the district attorney, shall issue such warrant, as by the order directed, whether the court is sitting or not. [Amended by 1973 c.836 §257]

Source: Section 137.050 — Nonattendance or nonappearance of released defendant when attendance required by court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131a.245 — OR Code / Title 14 / Chapter 131a / Section 131a.245
131A.245 Hearing on objections to affidavit
Status: in_force

(1) If a forfeiting agency files objections under ORS 131A.240 (Response by affidavit) , the court shall determine from the affidavits whether there is a genuine issue of material fact with respect to the assertions of the financial institution, transferor, conveyor or successor in interest.

(2) If the court determines that there is no genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240 (Response by affidavit) (2):

(a) The interest of the financial institution, transferor, conveyor or successor in interest shall be conclusively established for all purposes under this chapter;

(b) A transferor, conveyor or successor in interest shall be considered a financial institution for all purposes under this chapter; and

(c) The court shall order the forfeiting agency to pay the costs and disbursements, as described in ORCP 68 A, and the attorney fees of the prevailing financial institution, transferor, conveyor or successor in interest.

(3) If the court determines that there is a genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240 (Response by affidavit) , the financial institution, transferor, conveyor or successor in interest shall, within 15 days, file a responsive pleading as provided by ORS 131A.235 (Responsive pleading) . The court may order the financial institution, transferor, conveyor or successor in interest to pay the attorney fees of the forfeiting agency that were incurred in contesting the affidavit of the financial institution, transferor, conveyor or successor in interest if the court determines that the affidavit of the financial institution, transferor, conveyor or successor in interest was frivolous. [2009 c.78 §30]

Source: Section 131A.245 — Hearing on objections to affidavit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 144.005 — OR Code / Title 14 / Chapter 144 / Section 144.005
144.005 State Board of Parole and Post-Prison Supervision
Status: in_force

(1) A State Board of Parole and Post-Prison Supervision of at least three but no more than five members hereby is created. At least one member must be a woman.

(2) Intentionally left blank —Ed.

(a) Members of the board shall be appointed by the Governor and serve for a term of four years.

(b) If the number of members falls below three for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(c) The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office.

(3) Each member shall devote the member’s entire time to the performance of the duties imposed on the board and shall not engage in any partisan political activity.

(4) The members shall receive a salary set by the Governor. In addition, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties within limits as provided by law or under ORS 292.220 (Department to regulate subsistence and mileage allowances for travel) and 292.230 (Policy on out-of-state travel) .

(5) The Director of the Department of Corrections shall serve as an ex officio nonvoting member of the board and shall not be considered a member for the purposes of subsections (1) to (4) of this section. [1969 c.597 §102; 1973 c.836 §281; 1975 c.217 §1; 1987 c.320 §47; 1989 c.790 §22; 1991 c.126 §1; 2015 c.820 §37]

Source: Section 144.005 — State Board of Parole and Post-Prison Supervision; membership; compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.233 — OR Code / Title 14 / Chapter 135 / Section 135.233
135.233 Standing pretrial release orders
Status: in_force

(1) The presiding judge of a judicial district shall enter a standing pretrial release order specifying to the sheriff of the county, or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district, those persons and offenses:

(a) Subject to release on recognizance;

(b) Subject to release with special conditions as specified in the order; and

(c) That are not eligible for release until arraignment.

(2) The Chief Justice of the Supreme Court, with input from a criminal justice advisory committee appointed by the Chief Justice, shall establish release guidelines for the pretrial release orders described in this section to:

(a) Provide consistent release decision-making structure across the state;

(b) Reduce reliance on the use of security;

(c) Include provisions for victim notification and input; and

(d) Balance the rights of the defendant and presumption of pretrial release against community and victim safety and the risk of failure to appear. [2021 c.643 §2]

Source: Section 135.233 — Standing pretrial release orders; guidelines for orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.015 — OR Code / Title 14 / Chapter 153 / Section 153.015
153.015 Unclassified and specific fine violations
Status: in_force

(1) An offense described in the Oregon Revised Statutes that is designated as a violation but does not specify the classification of the violation is an unclassified violation. An unclassified violation is a Class B violation.

(2) A specific fine violation is any offense described in the Oregon Revised Statutes that is designated as a specific fine violation or:

(a) Is not designated as a crime or as a class A, B, C or D violation;

(b) Is not punishable by a term of imprisonment as a penalty for committing the offense; and

(c) Is punishable by a specific fine as the penalty for committing the offense. [1999 c.1051 §5; 2011 c.597 §6a]

Source: Section 153.015 — Unclassified and specific fine violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 136.210 — OR Code / Title 14 / Chapter 136 / Section 136.210
136.210 Jury number
Status: in_force

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

(1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 (Challenge for implied bias) to 136.250 (Taking of challenges) , in the same manner provided by ORCP 57 B, D(1)(a), D(1)(b), D(1)(g) and E. When the full number of jurors has been called, they shall thereupon be examined as to their qualifications, first by the court, then by the defendant and then by the state. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in ORS 136.230 (Peremptory challenges) .

(2) In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons. [Amended by 1973 c.836 §231; 1979 c.284 §112; 1979 c.488 §2; 1991 c.247 §1; 1995 c.658 §76]

Source: Section 136.210 — Jury number; examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).