ORS § 137.717 — OR Code / Title 14 / Chapter 137 / Section 137.717
137.717 Presumptive sentences for certain property offenders
Status: in_force

(1) When a court sentences a person convicted of:

(a) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) , the presumptive sentence is 24 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) , robbery in the third degree under ORS 164.395 (Robbery in the third degree) , robbery in the second degree under ORS 164.405 (Robbery in the second degree) , robbery in the first degree under ORS 164.415 (Robbery in the first degree) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) ;

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(b) Unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) , mail theft or receipt of stolen mail under ORS 164.162 (Mail theft or receipt of stolen mail) , burglary in the second degree under ORS 164.215 (Burglary in the second degree) , criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree) , computer crime under ORS 164.377 (Computer crime) , robbery in the third degree under ORS 164.395 (Robbery in the third degree) , forgery in the first degree under ORS 165.013 (Forgery in the first degree) , criminal possession of a forged instrument in the first degree under ORS 165.022 (Criminal possession of a forged instrument in the first degree) , fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) (4)(b), possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) or trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) , the presumptive sentence is 18 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) , robbery in the third degree under ORS 164.395 (Robbery in the third degree) , robbery in the second degree under ORS 164.405 (Robbery in the second degree) , robbery in the first degree under ORS 164.415 (Robbery in the first degree) , possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) , trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) ;

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(c) Theft in the first degree under ORS 164.055 (Theft in the first degree) or identity theft under ORS 165.800 (Identity theft) , the presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) , robbery in the second degree under ORS 164.405 (Robbery in the second degree) , robbery in the first degree under ORS 164.415 (Robbery in the first degree) , possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) , trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) ; or

(B) Four or more previous convictions for any combination of crimes listed in subsection (2) of this section.

(2) The crimes to which subsection (1) of this section applies are:

(a) Theft in the second degree under ORS 164.045 (Theft in the second degree) ;

(b) Theft in the first degree under ORS 164.055 (Theft in the first degree) ;

(c) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) ;

(d) Organized retail theft under ORS 164.098 (Organized retail theft) ;

(e) Unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) ;

(f) Mail theft or receipt of stolen mail under ORS 164.162 (Mail theft or receipt of stolen mail) ;

(g) Burglary in the second degree under ORS 164.215 (Burglary in the second degree) ;

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

(i) Criminal mischief in the second degree under ORS 164.354 (Criminal mischief in the second degree) ;

(j) Criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree) ;

(k) Computer crime under ORS 164.377 (Computer crime) ;

(L) Forgery in the second degree under ORS 165.007 (Forgery in the second degree) ;

(m) Forgery in the first degree under ORS 165.013 (Forgery in the first degree) ;

(n) Criminal possession of a forged instrument in the second degree under ORS 165.017 (Criminal possession of a forged instrument in the second degree) ;

(o) Criminal possession of a forged instrument in the first degree under ORS 165.022 (Criminal possession of a forged instrument in the first degree) ;

(p) Fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) ;

(q) Identity theft under ORS 165.800 (Identity theft) ;

(r) Possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) ;

(s) Trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) ; and

(t) Any attempt to commit a crime listed in this subsection.

(3) Intentionally left blank —Ed.

(a) A presumptive sentence described in subsection (1)(a) or (b) of this section shall be increased by two months for each previous conviction the person has that:

(A) Was for any of the crimes listed in subsection (1) or (2) of this section; and

(B) Was not used as a predicate for the presumptive sentence described in subsection (1)(a) or (b) of this section.

(b) Previous convictions may not increase a presumptive sentence described in subsection (1)(a) or (b) of this section by more than 12 months under this subsection.

(4) The court may impose a sentence other than the sentence provided by subsection (1) or (3) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) or (3) of this section.

(5) Notwithstanding subsection (4)(b) of this section, the court may not sentence a person under subsection (4) of this section to a term of incarceration that exceeds the period of time described in ORS 161.605 (Maximum terms of imprisonment for felonies) .

(6) The court shall sentence a person under this section to at least the presumptive sentence described in subsection (1)(a) or (b) or (3) of this section, unless the parties stipulate otherwise or the court finds that:

(a) The person was not on probation, parole or post-prison supervision for a crime listed in subsection (1) of this section at the time of the commission of the current crime of conviction;

(b) The person has not previously received a downward departure from a presumptive sentence for a crime listed in subsection (1) of this section;

(c) The harm or loss caused by the crime is not greater than usual for that type of crime; and

(d) In consideration of the nature of the offense and the harm to the victim, a downward departure will:

(A) Increase public safety;

(B) Enhance the likelihood that the person will be rehabilitated; and

(C) Not unduly reduce the appropriate punishment.

(7) When the court imposes a sentence of probation for a conviction for theft in the first degree or identity theft or under subsection (6) of this section, the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined) may require the person to receive a high level of supervision for at least 12 months, and may extend the period of high-level supervision for all or part of the remaining probationary term.

(8) Intentionally left blank —Ed.

(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

(9) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079 (Presentence report) .

(10) As used in this section:

(a) “Downward departure” means a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission.

(b) “Previous conviction” includes:

(A) Convictions occurring before, on or after July 1, 2003; and

(B) Convictions entered in any other state or federal court for comparable offenses. [1996 c.3 §1; 1999 c.1022 §§2,4,7; 2001 c.784 §1; 2007 c.584 §2; 2008 c.14 §7; 2009 c.660 §§8,11; 2013 c.649 §5; 2017 c.673 §5; 2023 c.151 §2]

Note: The amendments to 137.717 (Presumptive sentences for certain property offenders) by section 7, chapter 649, Oregon Laws 2013, become operative July 1, 2033, and apply to crimes committed on or after July 1, 2033. See section 8, chapter 649, Oregon Laws 2013, as amended by section 22, chapter 78, Oregon Laws 2022, and section 3, chapter 572, Oregon Laws 2023. The amendments to 137.717 (Presumptive sentences for certain property offenders) by section 6, chapter 673, Oregon Laws 2017, become operative July 1, 2033, and apply to sentences imposed on or after July 1, 2033. See section 12, chapter 673, Oregon Laws 2017, as amended by section 7, chapter 572, Oregon Laws 2023, and see section 13, chapter 673, Oregon Laws 2017, as amended by section 8, chapter 572, Oregon Laws 2023. The text that is operative on and after July 1, 2033, including amendments by section 3, chapter 151, Oregon Laws 2023, is set forth for the user’s convenience.

137.717 (Presumptive sentences for certain property offenders) . (1) When a court sentences a person convicted of:

(a) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) , robbery in the third degree under ORS 164.395 (Robbery in the third degree) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) , the presumptive sentence is 24 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) , robbery in the third degree under ORS 164.395 (Robbery in the third degree) , robbery in the second degree under ORS 164.405 (Robbery in the second degree) , robbery in the first degree under ORS 164.415 (Robbery in the first degree) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) ;

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(b) Unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) , mail theft or receipt of stolen mail under ORS 164.162 (Mail theft or receipt of stolen mail) , burglary in the second degree under ORS 164.215 (Burglary in the second degree) , criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree) , computer crime under ORS 164.377 (Computer crime) , forgery in the first degree under ORS 165.013 (Forgery in the first degree) , criminal possession of a forged instrument in the first degree under ORS 165.022 (Criminal possession of a forged instrument in the first degree) , fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) (4)(b), possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) or trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) , the presumptive sentence is 18 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) , robbery in the third degree under ORS 164.395 (Robbery in the third degree) , robbery in the second degree under ORS 164.405 (Robbery in the second degree) , robbery in the first degree under ORS 164.415 (Robbery in the first degree) , possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) , trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) ;

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(c) Theft in the first degree under ORS 164.055 (Theft in the first degree) or identity theft under ORS 165.800 (Identity theft) , the presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) , organized retail theft under ORS 164.098 (Organized retail theft) , unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) , burglary in the first degree under ORS 164.225 (Burglary in the first degree) , robbery in the second degree under ORS 164.405 (Robbery in the second degree) , robbery in the first degree under ORS 164.415 (Robbery in the first degree) , possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) , trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) or aggravated identity theft under ORS 165.803 (Aggravated identity theft) ; or

(B) Four or more previous convictions for any combination of crimes listed in subsection (2) of this section.

(2) The crimes to which subsection (1) of this section applies are:

(a) Theft in the second degree under ORS 164.045 (Theft in the second degree) ;

(b) Theft in the first degree under ORS 164.055 (Theft in the first degree) ;

(c) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) ;

(d) Organized retail theft under ORS 164.098 (Organized retail theft) ;

(e) Unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle) ;

(f) Mail theft or receipt of stolen mail under ORS 164.162 (Mail theft or receipt of stolen mail) ;

(g) Burglary in the second degree under ORS 164.215 (Burglary in the second degree) ;

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

(i) Criminal mischief in the second degree under ORS 164.354 (Criminal mischief in the second degree) ;

(j) Criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree) ;

(k) Computer crime under ORS 164.377 (Computer crime) ;

(L) Forgery in the second degree under ORS 165.007 (Forgery in the second degree) ;

(m) Forgery in the first degree under ORS 165.013 (Forgery in the first degree) ;

(n) Criminal possession of a forged instrument in the second degree under ORS 165.017 (Criminal possession of a forged instrument in the second degree) ;

(o) Criminal possession of a forged instrument in the first degree under ORS 165.022 (Criminal possession of a forged instrument in the first degree) ;

(p) Fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) ;

(q) Identity theft under ORS 165.800 (Identity theft) ;

(r) Possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) ;

(s) Trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) ; and

(t) Any attempt to commit a crime listed in this subsection.

(3) Intentionally left blank —Ed.

(a) A presumptive sentence described in subsection (1)(a) or (b) of this section shall be increased by two months for each previous conviction the person has that:

(A) Was for any of the crimes listed in subsection (1) or (2) of this section; and

(B) Was not used as a predicate for the presumptive sentence described in subsection (1)(a) or (b) of this section.

(b) Previous convictions may not increase a presumptive sentence described in subsection (1)(a) or (b) of this section by more than 12 months under this subsection.

(4) The court may impose a sentence other than the sentence provided by subsection (1) or (3) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) or (3) of this section.

(5) Notwithstanding subsection (4)(b) of this section, the court may not sentence a person under subsection (4) of this section to a term of incarceration that exceeds the period of time described in ORS 161.605 (Maximum terms of imprisonment for felonies) .

(6) The court shall sentence a person under this section to at least the presumptive sentence described in subsection (1)(a) or (b) or (3) of this section, unless the parties stipulate otherwise or the court finds that:

(a) The person was not on probation, parole or post-prison supervision for a crime listed in subsection (1) of this section at the time of the commission of the current crime of conviction;

(b) The person has not previously received a downward departure from a presumptive sentence for a crime listed in subsection (1) of this section;

(c) The harm or loss caused by the crime is not greater than usual for that type of crime; and

(d) In consideration of the nature of the offense and the harm to the victim, a downward departure will:

(A) Increase public safety;

(B) Enhance the likelihood that the person will be rehabilitated; and

(C) Not unduly reduce the appropriate punishment.

(7) When the court imposes a sentence of probation for a conviction for theft in the first degree or identity theft or under subsection (6) of this section, the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined) may require the person to receive a high level of supervision for at least 12 months, and may extend the period of high-level supervision for all or part of the remaining probationary term.

(8) Intentionally left blank —Ed.

(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

(9) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079 (Presentence report) .

(10) As used in this section:

(a) “Downward departure” means a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission.

(b) “Previous conviction” includes:

(A) Convictions occurring before, on or after July 1, 2003; and

(B) Convictions entered in any other state or federal court for comparable offenses.

Note: 137.717 (Presumptive sentences for certain property offenders) 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 137.717 — Presumptive sentences for certain property offenders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.683 — OR Code / Title 14 / Chapter 137 / Section 137.683
137.683 Racial and ethnic impact statements for proposed legislation
Status: in_force

(1) As used in this section, “criminal offender population” means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime.

(2) Intentionally left blank —Ed.

(a) Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic impact statement on proposed legislation that is related to crime and likely to have an effect on the criminal justice system.

(b) The statement shall describe the effects of the proposed legislation on the racial and ethnic composition of the criminal offender population.

(3) A racial and ethnic impact statement must be impartial, simple and understandable and must include, for racial and ethnic groups for which data are available, the following:

(a) An estimate of how the proposed legislation would change the racial and ethnic composition of those likely to be convicted of a criminal offense created or modified by the proposed legislation;

(b) An estimate of the average length of incarceration that each racial and ethnic composition group receives as a sentence, if applicable;

(c) A statement of the methodologies and assumptions used in preparing the estimate; and

(d) An estimate of the racial and ethnic composition of the crime victims who may be affected by the proposed legislation.

(4) The commission shall adopt rules to carry out the provisions of this section. [2017 c.614 §2]

Note: 137.683 (Racial and ethnic impact statements for proposed legislation) and 137.685 (Racial and ethnic impact statements for state measures) 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 137.683 — Racial and ethnic impact statements for proposed legislation; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.118 — OR Code / Title 14 / Chapter 137 / Section 137.118
137.118 Assignment of judgments for collection of monetary obligation
Status: in_force

(1) Judgments in criminal actions that impose monetary obligations, including judgments requiring the payment of fines, costs, assessments, compensatory fines, attorney fees, forfeitures or restitution, may be assigned by the state, by a municipal court or by a justice court for collection.

(2) Intentionally left blank —Ed.

(a) The state may assign a judgment to the Department of Revenue or a private collection agency.

(b) A justice court may assign a judgment to a private collection agency or, in a criminal action, to the Department of Revenue for the purposes described in ORS 156.315 (Assignment of judgment to Department of Revenue) .

(c) A municipal court may assign a judgment to:

(A) A private collection agency; or

(B) The Department of Revenue for the purposes described in subsections (6) to (8) of this section, if the judgment was entered in a criminal action and part of the judgment is payable to the State of Oregon.

(d) Nothing in this subsection limits the right of a municipal court or a justice court to assign for collection judgments in matters other than criminal actions.

(3) A municipal or justice court may add to any judgment in a criminal action that includes a monetary obligation a fee for the cost of collection if the court gives the defendant a period of time to pay the obligation after the date of imposition of the sentence or after the date of the hearing or proceeding that results in the imposition of the financial obligation. The fee may not exceed 25 percent of the monetary obligation imposed by the court without the addition of the cost of collection and may not be more than $250. The fee shall be waived or suspended by the court if the defendant pays the monetary obligation in the manner required by the court.

(4) A state court shall add to any judgment in a criminal action that includes a monetary obligation the fees required by ORS 1.202 (Fee for establishing and administering account for judgment that includes monetary obligation) .

(5) As used in subsections (1) to (5) of this section, “criminal action” has the meaning given that term in ORS 131.005 (General definitions) .

(6) If part of a judgment in a criminal action, as described in subsections (1) to (5) of this section, is payable to the State of Oregon, a municipal court may assign the judgment to the Collections Unit in the Department of Revenue for the following purposes:

(a) To determine whether refunds or other sums are owed to the debtor by the department; and

(b) To deduct the amount of debt from any refunds or other sums owed to the debtor by the department.

(7) If the Collections Unit determines that refunds or other sums are owed to the debtor, the department shall deduct the amount of the debt from any refunds or other sums owed to the debtor by the department. After also deducting costs of its actions under subsections (6) to (8) of this section, the department shall remit the amount deducted from refunds or other sums owed to the debtor to the municipal court that assigned the judgment.

(8) A debtor whose account is assigned to the Department of Revenue for setoff under subsections (6) to (8) of this section is entitled to the notice required by ORS 293.250 (Collections Unit) (5)(d). [1993 c.531 §1; 1995 c.512 §2; 1997 c.801 §99; 1999 c.64 §1; 2001 c.823 §19; 2003 c.375 §1; subsections (6) to (8) of 2005 Edition enacted as 2005 c.501 §1; 2005 c.501 §2; 2015 c.766 §10; 2017 c.746 §22; 2019 c.359 §3]

Note: 137.118 (Assignment of judgments for collection of monetary obligation) 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 137.118 — Assignment of judgments for collection of monetary obligation; costs of collection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.020 — OR Code / Title 14 / Chapter 135 / Section 135.020
135.020 Scope of proceedings
Status: in_force

The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as provided in ORS 135.030 (When presence of defendant is required) . The arraignment consists of reading the accusatory instrument to the defendant, causing delivery to the defendant of a copy thereof and indorsements thereon, including the list of witnesses indorsed on it or appended thereto if the accusatory instrument is an indictment, asking the defendant how the defendant pleads to the charge. [Amended by 1973 c.836 §131; 1983 c.344 §2]

Source: Section 135.020 — Scope of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.098 — OR Code / Title 14 / Chapter 144 / Section 144.098
144.098 Review of release plan
Status: repealed

(1) When the State Board of Parole and Post-Prison Supervision or a local supervisory authority responsible for correctional services for an adult in custody reviews the release plan prior to approval of the plan as required by ORS 144.096 (Release plan) , it may interview the adult in custody and may review the following information:

(a) Reports of any physical, psychiatric or psychological examinations of the adult in custody;

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

(c) The record of the conduct of the adult in custody during confinement; and

(d) Any other information relevant to the reintegration of the adult in custody into the community that may be submitted by the adult in custody, the attorney of the adult in custody, the victim of the crime, the Department of Corrections, local corrections agencies or any other person.

(2) If the board reviews a release plan, the board must attempt to notify the victim before the review of the release plan by sending written notice to the victim if the victim requests to be notified and furnishes the board with a current address. The notice must inform the victim that the victim may submit information concerning the adult in custody and the crime to the board for the board’s consideration.

(3) The department or local corrections agency shall provide to the board or local supervisory authority reviewing the release plan any psychiatric or psychological reports held by the department or local corrections agency regarding the adult in custody. However, if the psychiatrist or psychologist who prepared the report or any treating psychiatrist or psychologist determines that disclosure to the adult in custody of the contents of the report would be detrimental to the mental or emotional health of the adult in custody, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the adult in custody. The department or local corrections agency may withhold from the board or supervisory authority reviewing the plan any report so indorsed. [1989 c.790 §32b; 1997 c.525 §7; 2019 c.213 §28]

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

Note: Sections 29, 33 and 38 (2), chapter 649, Oregon Laws 2013, provide:

Sec. 29. Reentry courts. (1) When a circuit court in a participating county sentences a person to a term of imprisonment, the court may order that the person participate in a reentry court, subject to admission under subsection (3) of this section, as a condition of post-prison supervision.

(2) At any time prior to the termination of post-prison supervision, the supervisory authority may provide a report to the reentry court recommending that a person sentenced under subsection (1) of this section be admitted into the reentry court.

(3) When a reentry court receives a report described in subsection (2) of this section, or an adult in custody release plan prepared under ORS 144.096 (Release plan) , that recommends the admission of a person sentenced under subsection (1) of this section into a reentry court, the court may enter an order admitting the person into the reentry court.

(4) 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, when a court enters an order admitting a person into a reentry court, the court may:

(a) Issue a warrant and cause the person to be arrested for violating a condition of post-prison supervision.

(b) Appoint counsel to represent the person in accordance with ORS 135.050 (Eligibility for court-appointed counsel) , if the person is financially eligible.

(c) Determine whether the conditions of post-prison supervision have been violated and impose sanctions for the violations.

(5) Intentionally left blank —Ed.

(a) When the court conducts a post-prison supervision violation hearing under this section, the person may admit or deny alleged violations of conditions of post-prison supervision. The person and the state may present evidence at the hearing.

(b) If the court determines by a preponderance of the evidence that a person admitted into a reentry court has violated the conditions of post-prison supervision, the court may impose sanctions for the violations that are consistent with the rules adopted under ORS 144.106 (Violation of post-prison supervision conditions) and 144.107 (Sanctions for violations of conditions of post-prison supervision) , except that the court may not impose a sanction of imprisonment in a correctional facility that exceeds 12 months.

(6) Intentionally left blank —Ed.

(a) When a court issues a warrant under this section and causes a person admitted into a reentry court to be arrested and taken into custody for violating a condition of post-prison supervision, the person shall be brought before a magistrate during the first 36 hours in custody, excluding Saturdays, Sundays and holidays. The magistrate may order the person held pending a violation hearing or transferred to the county in which the reentry court is located, or may release the person upon the condition that the person appear in court at a later date for a post-prison violation hearing. If the person is held on an out-of-county warrant, the magistrate may order the person released subject to an additional order that the person report within seven calendar days to the reentry court.

(b) Except for good cause shown, if the person is held in custody and the violation hearing is not held within 14 calendar days following the person’s arrest, the person shall be released from custody.

(7) As used in this section, “participating county” means a county:

(a) That has applied for and received a grant under section 53, chapter 649, Oregon Laws 2013, to administer a reentry court; and

(b) For which the presiding judge of the judicial district in which the county is located issues an order establishing a reentry court steering committee consisting of:

(A) A circuit court judge;

(B) A district attorney;

(C) A criminal defense attorney;

(D) A parole and probation officer;

(E) A representative of the business community;

(F) A representative of the education community; and

(G) Any other person the presiding judge determines is appropriate. [2013 c.649 §29; 2019 c.213 §118]

Sec. 33. Section 29, chapter 649, Oregon Laws 2013, is repealed on July 1, 2033. [2013 c.649 §33; 2022 c.78 §24; 2023 c.572 §5]

Sec. 38. (2) The repeal of section 29, chapter 649, Oregon Laws 2013, by section 33, chapter 649, Oregon Laws 2013, and the amendments to ORS 40.015 (Rule 101. Applicability of Oregon Evidence Code) , 144.096 (Release plan) , 144.101 (Board’s jurisdiction over conditions of post-prison supervision) and 144.106 (Violation of post-prison supervision conditions) by sections 34 to 37, chapter 649, Oregon Laws 2013, do not affect the jurisdiction of a reentry court over a person sentenced under section 29, chapter 649, Oregon Laws 2013. [2013 c.649 §38(2); 2022 c.78 §25(2); 2023 c.572 §6(2)]

Source: Section 144.098 — Review of release plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.570 — OR Code / Title 14 / Chapter 137 / Section 137.570
137.570 Authority to transfer probationer from one agency to another
Status: in_force

A court may transfer a person on probation under its jurisdiction from the supervision of one probation agency to that of another probation agency. Whenever a person sentenced to probation resides in or is to remove to a locality outside the jurisdiction of the court that sentenced the person to probation, the court may transfer the person to a parole and probation officer appointed to serve for the locality in which the person resides or to which the person is to remove:

(1) If the parole and probation officer sends to the court desiring to make such transfer a written statement that the parole and probation officer will exercise supervision over the person.

(2) If the statement is approved in writing by the judge of the court to which the parole and probation officer is attached. [Amended by 1973 c.836 §272; 1993 c.14 §13; 2005 c.264 §7]

Source: Section 137.570 — Authority to transfer probationer from one agency to another; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.611 — OR Code / Title 14 / Chapter 136 / Section 136.611
136.611 Court action upon receipt of application
Status: in_force

(1) If, upon receipt of an application under ORS 136.608 (Application procedure) , the court determines that the application is well founded, the court shall:

(a) Enter an order directing the prospective witness to appear before the court at a designated time; or

(b) Issue a warrant of arrest directing the sheriff to take the person into custody and bring the person before the court, if the application included facts establishing a reasonable belief that the prospective witness would not respond to an order to appear.

(2) An order under subsection (1) of this section must inform the prospective witness of the purpose of the hearing and must be served in the manner provided in ORCP 7 for the service of a summons.

(3) When the prospective witness appears before the court, the court shall inform the person:

(a) Of the nature and purpose of the hearing; and

(b) That the person has all of the rights of a person in a criminal proceeding including, but not limited to, the right to counsel, the right to appointed counsel at state expense if the person is unable to afford counsel and the right to call witnesses and have subpoenas issued.

(4) The hearing may be postponed at the request of the prospective witness for the purpose of obtaining counsel. If the hearing is postponed, the court shall order the prospective witness to appear at a future time. In addition, the court may require the prospective witness to pay an amount to secure the person’s appearance. If the person refuses to comply with the order, the court shall commit the person to the jail of the county, or other appropriate detention facility, until the person complies or is discharged. [1995 c.657 §15]

Note: See note under 136.608 (Application procedure) .

Source: Section 136.611 — Court action upon receipt of application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.845 — OR Code / Title 14 / Chapter 135 / Section 135.845
135.845 Time of disclosure
Status: in_force

(1) The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or the filing of a complaint or information charging a misdemeanor or violation of a city ordinance. The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and expeditiously.

(2) If, after complying with the provisions of ORS 135.805 (Applicability) to 135.873 (Protective orders) and 135.970 (Information required when victim contacted by defense) , a party finds, either before or during trial, additional material or information which is subject to or covered by these provisions, the party must promptly notify the other party of the additional material or information. [1973 c.836 §217; 1999 c.304 §4]

Source: Section 135.845 — Time of disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.685 — OR Code / Title 14 / Chapter 137 / Section 137.685
137.685 Racial and ethnic impact statements for state measures
Status: in_force

(1) Intentionally left blank —Ed.

(a) Upon written request from a member of the Legislative Assembly from each major political party, the Oregon Criminal Justice Commission shall prepare a racial and ethnic impact statement for a state measure that is related to crime and likely to have an effect on the criminal justice system.

(b) The racial and ethnic impact statement must:

(A) Describe the effects of the state measure on the racial and ethnic composition of the criminal offender population as defined in ORS 137.683 (Racial and ethnic impact statements for proposed legislation) ;

(B) Include the information described in ORS 137.683 (Racial and ethnic impact statements for proposed legislation) (3); and

(C) Be impartial, simple and understandable.

(2) If the commission has prepared a racial and ethnic impact statement for a state measure, not later than the 110th day before a special election held on the date of a primary election or any general election at which the state measure is to be submitted to the people, the commission shall file the statement with the Secretary of State.

(3) Not later than the 100th day before the election at which the measure is to be voted upon, the Secretary of State shall hold a hearing in Salem upon reasonable statewide notice to receive suggestions for changes to the statement or to receive other information. At the hearing, any person may submit suggested changes or other information orally or in writing. Written suggestions and any other information also may be submitted at any time before the hearing.

(4) The commission shall consider suggestions and any other information submitted under subsection (3) of this section and may file a revised statement with the Secretary of State not later than the 90th day before the election at which the measure is to be voted upon.

(5) The Secretary of State shall certify the statement not later than the 90th day before the election at which the measure is to be voted upon.

(6) All statements prepared under this section shall be made available to the public.

(7) A failure to prepare, file or certify a statement does not prevent inclusion of the measure in the voters’ pamphlet. [2017 c.614 §3]

Note: See note under 137.683 (Racial and ethnic impact statements for proposed legislation) .

Source: Section 137.685 — Racial and ethnic impact statements for state measures; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.839 — OR Code / Title 14 / Chapter 133 / Section 133.839
133.839 Immunity from civil process in certain civil cases
Status: in_force

A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which the person is being or has been returned, until the person has been convicted in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited. [Formerly 147.250]

Source: Section 133.839 — Immunity from civil process in certain civil cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 147.471 — OR Code / Title 14 / Chapter 147 / Section 147.471
147.471 Advisory council
Status: in_force

(1) There is created an advisory council that shall consist of at least 15, but not more than 20, members. The council shall advise the Department of Justice on the administration of the policies and practices of the domestic and sexual violence services program. Members shall be appointed by and serve at the pleasure of the Attorney General. Membership in the council shall:

(a) Accurately reflect the diversity of the population in Oregon as well as the diversity of individuals needing services;

(b) Be composed of both lay and professionally trained individuals with expertise in domestic violence and sexual assault services;

(c) Include representatives of other state agencies providing services;

(d) Include representatives of professional, civil or other public or private organizations;

(e) Include private citizens interested in service programs; and

(f) Include recipients of assistance or services or their representatives.

(2) Members of the advisory council may not receive compensation for their services. Members of the advisory council other than members employed in full-time public service shall be reimbursed by the Department of Justice for their actual and necessary expenses incurred in the performance of their duties. The reimbursement shall be subject to the provisions of ORS 292.210 (Definitions for ORS 292.210 to 292.230) to 292.288 (State claim on advances) . Members of the advisory council who are employed in full-time public service may be reimbursed by their employing agencies for their actual and necessary expenses incurred in the performance of their duties. [2001 c.870 §30; 2007 c.71 §42]

Note: See note under 147.450 (Definitions) .

Source: Section 147.471 — Advisory council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 136.614 — OR Code / Title 14 / Chapter 136 / Section 136.614
136.614 Witness held in detention facility
Status: in_force

A witness held in a county jail, or other appropriate detention facility, as the result of a material witness order must be paid $7.50 for each day of confinement. The county shall pay the fee upon the release of the witness from custody or, in the discretion of the court, at designated times or intervals during the confinement. [1995 c.657 §17]

Note: See note under 136.608 (Application procedure) .

Source: Section 136.614 — Witness held in detention facility; payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.345 — OR Code / Title 14 / Chapter 147 / Section 147.345
147.345 State subrogated to rights accruing to beneficiary
Status: in_force

(1) The acceptance of an award made pursuant to ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant or recipient against the assailant or any other person or entity liable for the injury constituting the basis for the award.

(2) Intentionally left blank —Ed.

(a) On behalf of the state, the Department of Justice may bring suit against an assailant to recover the amount of compensation paid to an applicant or recipient of an award made pursuant to ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) as a result of the assailant’s commission of a compensable crime. Before initiating a suit under this subsection, the Department of Justice must notify the applicant or recipient that the Department of Justice is going to initiate a suit. A suit under this subsection does not affect any right or right of action accruing to the applicant or recipient against the assailant for the injury constituting the basis for the award, except that the assailant may be able to offset payments made to the Department of Justice against any award to the applicant or recipient for the same damages. The assailant also may offset any payments the assailant has made to the applicant or recipient for the same damages against any recovery by the Department of Justice under this subsection.

(b) In a suit under this subsection, the Department of Justice may recover attorney fees and costs of suit.

(c) Each separate payment of compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) creates a cause of action under this subsection.

(3) Any settlement of a right or right of action against the assailant or any other person or entity by the victim or the dependent of the victim based on the compensable crime must be approved by the Department of Justice if the department has made an award to the victim or the dependent of the victim. If the settlement is not approved by the department, the department may void the settlement. [1977 c.376 §20; 1987 c.770 §8; 2001 c.371 §1; 2012 c.81 §20]

Source: Section 147.345 — State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 151.487 — OR Code / Title 14 / Chapter 151 / Section 151.487
151.487 Ability to pay
Status: in_force

(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485 (Financial eligibility) , the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225 (Public Defense Services Account) , through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person’s dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Oregon Public Defense Commission as provided in subsection (4) of this section.

(2) Failure to comply with the requirements of a limited judgment entered under this section is not grounds for contempt or grounds for withdrawal by the appointed attorney.

(3) Except as authorized in this section, a person, organization or governmental agency may not request or accept a payment or promise of payment for assisting in the representation of a person by appointment.

(4) The commission shall promulgate and issue guidelines and procedures:

(a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs under subsection (1) of this section; and

(b) Regarding the amounts persons may be required to pay by a court under subsection (1) of this section.

(5) The determination that a person is able to pay or partially able to pay, or that a person no longer has the ability to pay the amount ordered in subsection (1) of this section, is subject to review at any time by the court. [1989 c.1053 §14; 1993 c.33 §305; 1997 c.761 §3; 2001 c.962 §34; 2011 c.597 §42; 2012 c.107 §43; 2023 c.281 §37]

Source: Section 151.487 — Ability to pay; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 136.685 — OR Code / Title 14 / Chapter 136 / Section 136.685
136.685 Required explanations by law enforcement personnel to hypnosis subject
Status: in_force

(1) No person employed or engaged in any capacity by or on behalf of any state or local law enforcement agency shall use upon another person any form of hypnotism, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness without first explaining to the intended subject that:

(a) The intended subject is free to refuse to be subject to the processes delineated in this section;

(b) There is a risk of psychological side effects resulting from the process;

(c) If the intended subject agrees to be subject to such processes, it is possible that the process will reveal emotions or information of which the intended subject is not consciously aware and which the intended subject may wish to keep private; and

(d) The intended subject may request that the process be conducted by a doctor licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) or a licensed psychologist, at no cost to the intended subject.

(2) In the event that the prospective subject refuses to consent, none of the processes delineated in subsection (1) of this section shall be used upon that person. [1977 c.540 §2; 2017 c.409 §5]

Source: Section 136.685 — Required explanations by law enforcement personnel to hypnosis subject; consent of subject required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.720 — OR Code / Title 14 / Chapter 135 / Section 135.720
135.720 Place of crime in certain cases
Status: in_force

In an accusatory instrument for an offense committed as described in ORS 131.315 (Special provisions) and 131.325 (Place of trial) , it is sufficient to allege that the offense was committed within the county where the accusatory instrument is found. [Formerly 132.620]

Source: Section 135.720 — Place of crime in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.445 — OR Code / Title 14 / Chapter 135 / Section 135.445
135.445 Withdrawn plea or statement not admissible
Status: in_force

(1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding.

(2) No statement or admission made by a defendant or the attorney of the defendant during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the defendant in any criminal proceeding. [1973 c.836 §175]

Source: Section 135.445 — Withdrawn plea or statement not admissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 138.530 — OR Code / Title 14 / Chapter 138 / Section 138.530
138.530 When relief must be granted
Status: in_force

(1) Post-conviction relief pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall be granted by the court when one or more of the following grounds is established by the petitioner:

(a) A substantial denial in the proceedings resulting in petitioner’s conviction, or in the appellate review thereof, of petitioner’s rights under the Constitution of the United States, or under the Constitution of the State of Oregon, or both, and which denial rendered the conviction void.

(b) Lack of jurisdiction of the court to impose the judgment rendered upon petitioner’s conviction.

(c) Sentence in excess of, or otherwise not in accordance with, the sentence authorized by law for the crime of which petitioner was convicted; or unconstitutionality of such sentence.

(d) Unconstitutionality of the statute making criminal the acts for which petitioner was convicted.

(2) Whenever a person petitions for relief under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall not be construed to deny relief where such relief would have been available prior to May 26, 1959, under the writ of habeas corpus, nor shall it be construed to affect any powers of executive clemency or pardon provided by law.

(3) ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall not be construed to limit the original jurisdiction of the Supreme Court in habeas corpus as provided in the Constitution of this state. [1959 c.636 §§3,5]

Source: Section 138.530 — When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 144.783 — OR Code / Title 14 / Chapter 144 / Section 144.783
144.783 Duration of term of imprisonment when prisoner is sentenced to consecutive terms
Status: in_force

(1) When a prisoner is sentenced to two or more consecutive terms of imprisonment, the duration of the term of imprisonment shall be the sum of the terms set by the State Board of Parole and Post-Prison Supervision pursuant to the ranges established for the offenses, subject to ORS 144.079 (Determination of total term of certain consecutive sentences of imprisonment) , and subject to the variations established pursuant to ORS 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist) (1).

(2) The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection (1) of this section if the board finds, by affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members, that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security. [1987 c.634 §2; 1991 c.126 §9; 2015 c.820 §44]

Source: Section 144.783 — Duration of term of imprisonment when prisoner is sentenced to consecutive terms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.470 — OR Code / Title 14 / Chapter 135 / Section 135.470
135.470 Motion to dismiss accusatory instrument on grounds of former jeopardy
Status: in_force

(1) The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged.

(2) The time of making the motion and its effect shall be as provided for a motion to set aside the indictment in ORS 135.520 (Time of making motion) and 135.530 (Effect of allowance of motion) .

(3) An order to dismiss the accusatory instrument on grounds of former jeopardy is a bar to a future prosecution of the defendant for the offense charged in the accusatory instrument. [1973 c.836 §177]

Source: Section 135.470 — Motion to dismiss accusatory instrument on grounds of former jeopardy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.043 — OR Code / Title 14 / Chapter 153 / Section 153.043
153.043 Citations for Class E violations
Status: repealed

[2021 c.591 §19; 2023 c.248 §13]

Source: Section 153.043 — Citations for Class E violations; issuance (repealed) , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 147.404 — OR Code / Title 14 / Chapter 147 / Section 147.404
147.404 Notification of victim advocate concerning medical assessment
Status: in_force

(1) Upon a sexual assault victim’s decision to participate in a medical assessment, as soon as practicable and in a manner consistent with the county’s sexual assault response team protocols adopted under ORS 147.401 (Sexual assault response teams) and the protocols and procedures of the county child abuse multidisciplinary teams described in ORS 418.747 (County teams for investigation) , the provider of the medical assessment or, if applicable, a law enforcement officer shall contact a victim advocate and make reasonable efforts to ensure that the victim advocate is present and available at the medical facility in which the medical assessment occurs.

(2) A victim advocate contacted under subsection (1) of this section:

(a) Shall clearly inform the victim that the victim may decline the services of the victim advocate at any time; and

(b) May not impede the medical assessment, the provision of medical services to the victim or the collection of evidence.

(3) As used in this section, “medical assessment” has the meaning given that term in ORS 147.395 (Definitions) . [2017 c.349 §1; 2019 c.141 §9]

Note: 147.404 (Notification of victim advocate concerning medical assessment) 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.

CRIME VICTIMS’ RIGHTS

Source: Section 147.404 — Notification of victim advocate concerning medical assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.079 — OR Code / Title 14 / Chapter 144 / Section 144.079
144.079 Determination of total term of certain consecutive sentences of imprisonment
Status: in_force

(1) Intentionally left blank —Ed.

(a) If a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period before the prisoner’s first initial parole hearing, or if a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period between any two initial parole hearings, the total term resulting from the crimes committed during each such separate period shall be determined by the State Board of Parole and Post-Prison Supervision as follows, except as provided in subsection (2) of this section, and the total terms so determined shall then be summed as provided in ORS 144.783 (Duration of term of imprisonment when prisoner is sentenced to consecutive terms) (1):

(A) First, the board shall establish the appropriate range for the felony determined by the board, according to its rules, to be the most serious of the felonies committed during the period. If two or more felonies are determined to be equally the most serious, the board shall establish the appropriate range under this paragraph only for one of those felonies.

(B) Second, the board shall establish a range for each of the remaining felonies committed during the same period. For purposes of establishing the ranges for the remaining felonies under this paragraph, the board shall not consider prior criminal history.

(C) Third, the board shall determine the total range applicable in the offender’s case for crimes committed during the same period by summing the ranges established under subparagraph (B) of this paragraph with the range established under subparagraph (A) of this paragraph and shall determine an appropriate term within that range.

(D) Finally, the board shall vary the term determined under subparagraph (C) of this paragraph according to rules established under ORS 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist) (1), if the board finds aggravating or mitigating factors in the case. The board shall consider as an aggravating factor the fact that the prisoner has been sentenced to consecutive terms of imprisonment.

(b) Whenever a prisoner is committed to the custody of the Department of Corrections for a crime that was committed during a period already considered at an initial parole hearing and upon a sentence consecutive to any sentence imposed for crimes committed during that period, the board shall conduct a hearing to consider the previously unconsidered crime. The hearing shall be a hearing supplemental to the original initial hearing concerning crimes committed during the period. Time limitations and other procedural provisions applicable to initial hearings shall apply to a supplemental hearing under this subsection. Upon conclusion of the supplemental hearing, the board shall redetermine the appropriate total term for the period. The redetermination shall be conducted de novo under the provisions of subsection (2) of this section.

(2) The method established by this section for determining, where applicable, the total term resulting from the summing of consecutive sentences shall apply only if none of the crimes involved is:

(a) Murder in any degree, as defined in ORS 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree) , or any aggravated form thereof;

(b) Assault in the first degree, as defined in ORS 163.185 (Assault in the first degree) ;

(c) Kidnapping in the first degree, as defined in ORS 163.235 (Kidnapping in the first degree) ;

(d) Rape in the first degree, as defined in ORS 163.375 (Rape in the first degree) ;

(e) Sodomy in the first degree, as defined in ORS 163.405 (Sodomy in the first degree) ;

(f) Unlawful sexual penetration, as defined in ORS 163.411 (Unlawful sexual penetration in the first degree) ;

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

(h) Treason, as defined in ORS 166.005 (Treason) .

(3) The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection (1) of this section if the board finds, by affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members, that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security.

(4) The board shall use the method set forth in subsections (1) to (3) of this section to determine the parole release date for any person serving a sentence in the custody of the Department of Corrections for crimes committed before or after July 11, 1987. [1987 c.634 §§4,7; 1989 c.641 §1; 1991 c.126 §4; 1991 c.386 §7; 2015 c.820 §42; 2019 c.635 §12]

Note: 144.079 (Determination of total term of certain consecutive sentences of imprisonment) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.079 — Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.135 — OR Code / Title 14 / Chapter 131 / Section 131.135
131.135 When prosecution commenced
Status: in_force

A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 §7]

Source: Section 131.135 — When prosecution commenced , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.077 — OR Code / Title 14 / Chapter 137 / Section 137.077
137.077 Presentence report
Status: in_force

The presentence report is not a public record and shall be available only to:

(1) The sentencing court for the purpose of assisting the court in determining the proper sentence to impose and to other judges who participate in a sentencing council discussion of the defendant. The sentencing judge may disclose information from the presentence report that is necessary to address the content of the report, examine the reasoning for a sentencing recommendation or to explain the reasons for the sentence imposed. Appellate judges may disclose information from the presentence report that is necessary for legal analysis of the case or to report the reasoning of the appellate court.

(2) The Department of Corrections, State Board of Parole and Post-Prison Supervision and other persons or agencies having a legitimate professional interest in the information likely to be contained therein. These agencies or persons may make the presentence report, or any reports based on the contents of that report, available to the victim.

(3) Appellate or review courts where relevant to an issue on which an appeal is taken or post-conviction relief sought.

(4) The district attorney, the defendant or the counsel of the defendant, as provided in ORS 137.079 (Presentence report) . The district attorney and counsel of the defendant may retain a copy of the presentence report as a part of the permanent records of the case. The district attorney and counsel of the defendant may disclose the contents of the presentence report to individuals or agencies when preparing for the sentencing of the defendant. “Individuals and agencies” include victims, psychologists, psychiatrists, physicians licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) and any other person or agency who may assist the state or the defendant at the time of sentencing. [1973 c.836 §260; 1987 c.320 §28; 1989 c.408 §1; 2017 c.409 §6]

Source: Section 137.077 — Presentence report; general principles of disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.653 — OR Code / Title 14 / Chapter 133 / Section 133.653
133.653 Postponement of return or restoration
Status: in_force

(1) In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use.

(2) An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS 133.663 (Disputed possession rights) shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes.

(3) Intentionally left blank —Ed.

(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned.

(b) As used in this subsection, “forensic imaging,” “portable electronic device” and “raw data” have the meanings given those terms in ORS 133.539 (Obtaining information from portable electronic devices) . [1973 c.836 §112; 2015 c.613 §3]

Source: Section 133.653 — Postponement of return or restoration; appellate review; contents of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.713 — OR Code / Title 14 / Chapter 135 / Section 135.713
135.713 Necessity of stating presumptions of law and matters judicially noticed
Status: in_force

Neither presumptions of law nor matters of which judicial notice is taken need be stated in an accusatory instrument. [Formerly 132.570]

Source: Section 135.713 — Necessity of stating presumptions of law and matters judicially noticed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.060 — OR Code / Title 14 / Chapter 144 / Section 144.060
144.060 Acceptance of funds or property
Status: in_force

The Department of Corrections, with the written consent of the Governor, shall:

(1) Accept from the United States of America, or any of its agencies, such funds, equipment and supplies as may be made available to this state to carry out any of the functions of the department and shall enter into such contracts and agreements with the United States, or any of its agencies, as may be necessary, proper and convenient, not contrary to the laws of this state.

(2) Enter into an agreement with the county court or board of county commissioners of any county, or with the governing officials of any municipality of this state having a population of 300,000 or less for the payment by the county or municipality of all or any part of the cost of the performance by the Department of Corrections or State Board of Parole and Post-Prison Supervision of any parole, post-prison supervision or probation services or of the supervision of any parole, post-prison supervision or probation case arising within the county or municipality.

(3) Accept any grant or donation of land or any gift of money or other valuable thing made to the state to carry out any of the functions of the department.

(4) Enter into an agreement with the county court or board of county commissioners of each county within the boundaries of which the largest part of a city having a population of more than 300,000 is situated for the payment by the county of all or any part of the cost of the performance by the department of all or any part of the responsibility for prisoners transferred to the county by section 13, chapter 633, Oregon Laws 1971. [Amended by 1969 c.597 §112; 1971 c.633 §11; 1973 c.836 §286; 1974 c.36 §4; 1987 c.320 §49; 1989 c.790 §26]

Source: Section 144.060 — Acceptance of funds or property; contracts with federal government and others , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.126 — OR Code / Title 14 / Chapter 137 / Section 137.126
137.126 Definitions for ORS 137.126 to 137.131
Status: in_force

As used in ORS 137.126 (Definitions for ORS 137.126 to 137.131) to 137.131 (Community service as condition of probation for offense involving graffiti) :

(1) “Community service” means uncompensated labor for an agency whose purpose is to enhance physical or mental stability, environmental quality or the social welfare.

(2) “Agency” means a nonprofit organization or public body agreeing to accept community service from offenders and to report on the progress of ordered community service to the court or its delegate. [1981 c.551 §2]

Source: Section 137.126 — Definitions for ORS 137.126 to 137.131 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.680 — OR Code / Title 14 / Chapter 153 / Section 153.680
153.680 Costs
Status: in_force

Any amount collected by a circuit court, justice court or municipal court as costs in a criminal action shall be retained by the court. [2011 c.597 §49a]

Source: Section 153.680 — Costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 136.655 — OR Code / Title 14 / Chapter 136 / Section 136.655
136.655 Spouse as witness
Status: in_force

(1) Except as provided in subsection (2) of this section, in all criminal actions in which a spouse in a marriage is the party accused, the other spouse is a competent witness, but neither spouse shall be compelled or allowed to testify in a criminal action, except as provided in ORS 40.255 (Rule 505. Spousal privilege) .

(2) There is no privilege under this section, or under ORS 40.255 (Rule 505. Spousal privilege) in all criminal actions in which a spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse. [Formerly 139.320; 1979 c.721 §1; 1981 c.892 §89; 2015 c.629 §29]

Source: Section 136.655 — Spouse as witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.185 — OR Code / Title 14 / Chapter 135 / Section 135.185
135.185 Holding defendant to answer
Status: in_force

If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existence of probable cause, shall consider:

(1) The extent to which the hearsay quality of the evidence affects the weight it should be given; and

(2) The likelihood of evidence other than hearsay being available at trial to provide the information furnished by hearsay at the preliminary hearing. [Formerly 133.820; 1981 c.892 §88c; 2007 c.71 §33]

Source: Section 135.185 — Holding defendant to answer; use of hearsay evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 138.225 — OR Code / Title 14 / Chapter 138 / Section 138.225
138.225 Summary affirmation
Status: in_force

In reviewing the judgment of any court under ORS 138.010 (Mode of review) to 138.310 (Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation) , the Court of Appeals, on its own motion or on the motion of the respondent, may summarily affirm, without oral argument, the judgment after submission of the appellant’s brief and without submission of the respondent’s brief if the court finds that no substantial question of law is presented by the appeal. Notwithstanding ORS 2.570 (Departments of court) , the Chief Judge of the Court of Appeals may deny or, if the petitioner does not oppose the motion, grant a respondent’s motion for summary affirmation. A dismissal of appeal under this section constitutes a decision upon the merits of the appeal. [1995 c.295 §2]

Source: Section 138.225 — Summary affirmation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.090 — OR Code / Title 14 / Chapter 136 / Section 136.090
136.090 Procedure for taking deposition
Status: in_force

When the consent mentioned in ORS 136.080 (Deposition of witness as condition of postponement) is given, the court shall make an order appointing some proper time and place for taking the deposition of the witness, either by the judge thereof or before some suitable person to be named therein as commissioner and upon either written or oral interrogatories.

Source: Section 136.090 — Procedure for taking deposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 136.001 — OR Code / Title 14 / Chapter 136 / Section 136.001
136.001 Right to jury trial
Status: in_force

(1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury.

(2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge. [1973 c.836 §221; 1997 c.313 §21]

Source: Section 136.001 — Right to jury trial; waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.226 — OR Code / Title 14 / Chapter 144 / Section 144.226
144.226 Examination by psychiatrist or psychologist of person sentenced as dangerous offender
Status: in_force

(1) Any person sentenced under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) as a dangerous offender shall within 120 days prior to the parole consideration hearing under ORS 144.228 (Periodic parole consideration hearings for dangerous offenders) or the last day of the required incarceration term established under ORS 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) and at least every two years thereafter be given a complete mental and psychiatric or psychological examination by a psychiatrist or psychologist appointed by the State Board of Parole and Post-Prison Supervision. Within 60 days after the examination, the examining psychiatrist or psychologist shall file a written report of findings and conclusions relative to the examination with the Director of the Department of Corrections and chairperson of the State Board of Parole and Post-Prison Supervision.

(2) The examining psychiatrist or psychologist shall include in the report a statement as to whether or not in the psychiatrist’s or psychologist’s opinion the convicted person has mental retardation or any mental or emotional disturbance, condition or disorder predisposing the person to the commission of any crime to a degree rendering the examined person a danger to the health or safety of others. The report shall also contain any other information which the examining psychiatrist or psychologist believes will aid the State Board of Parole and Post-Prison Supervision in determining whether the examined person is eligible for release. The report shall also state the progress or changes in the condition of the examined person as well as any recommendations for treatment. A certified copy of the report shall be sent to the convicted person, to the convicted person’s attorney and to the executive officer of the Department of Corrections institution in which the convicted person is confined. [1955 c.636 §4; 1961 c.424 §5; 1969 c.597 §114; 1971 c.743 §338; 1973 c.836 §290; 1981 c.644 §4; 1987 c.320 §57; 1989 c.790 §78; 1991 c.318 §1; 1993 c.334 §2; 2005 c.481 §1; 2007 c.70 §36]

Source: Section 144.226 — Examination by psychiatrist or psychologist of person sentenced as dangerous offender; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.230 — OR Code / Title 14 / Chapter 135 / Section 135.230
135.230 Definitions for ORS 135.230 to 135.290
Status: in_force

As used in ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) , unless the context requires otherwise:

(1) “Abuse” means:

(a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury;

(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or

(c) Committing sexual abuse in any degree as defined in ORS 163.415 (Sexual abuse in the third degree) , 163.425 (Sexual abuse in the second degree) and 163.427 (Sexual abuse in the first degree) .

(2) “Conditional release” means a nonsecurity release which imposes regulations on the activities and associations of the defendant.

(3) “Domestic violence” means abuse between family or household members.

(4) “Family or household members” means any of the following:

(a) Spouses.

(b) Former spouses.

(c) Adult persons related by blood or marriage.

(d) Persons cohabiting with each other.

(e) Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.

(f) Unmarried parents of a minor child.

(5) “Magistrate” has the meaning provided for this term in ORS 133.030 (Who are magistrates) .

(6) “Personal recognizance” means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times.

(7) “Primary release criteria” includes the following:

(a) The reasonable protection of the victim or public;

(b) The nature of the current charge;

(c) The defendant’s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required;

(d) Any facts indicating the possibility of violations of law if the defendant is released without regulations; and

(e) Any other facts tending to indicate that the defendant is likely to appear.

(8) “Release” means temporary or partial freedom of a defendant from lawful custody before judgment of conviction or after judgment of conviction if defendant has appealed.

(9) “Release agreement” means a sworn writing by the defendant stating the terms of the release and, if applicable, the amount of security.

(10) “Release decision” means a determination by a magistrate, using primary and secondary release criteria, which establishes the form of the release most likely to ensure the safety of the public and the victim, the defendant’s court appearance and that the defendant does not engage in domestic violence while on release.

(11) “Secondary release criteria” includes the following:

(a) The defendant’s employment status and history and financial condition;

(b) The nature and extent of the family relationships of the defendant;

(c) The past and present residences of the defendant;

(d) Names of persons who agree to assist the defendant in attending court at the proper time; and

(e) Any facts tending to indicate that the defendant has strong ties to the community.

(12) “Security release” means a release conditioned on a promise to appear in court at all appropriate times which is secured by cash, stocks, bonds or real property.

(13) “Surety” is one who executes a security release and binds oneself to pay the security amount if the defendant fails to comply with the release agreement. [1973 c.836 §146; 1993 c.731 §4; 1997 c.313 §18]

Source: Section 135.230 — Definitions for ORS 135.230 to 135.290 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.885 — OR Code / Title 14 / Chapter 131 / Section 131.885
131.885 Offer of reward
Status: in_force

If any person charged with or convicted of any felony within this state breaks prison, escapes, absconds or flees or hides from justice, the county court or county governing body of the county in which the crime was committed, if the court or governing body deems it necessary, may offer a reward for information leading to the apprehension of such person by the appropriate police authority. [Formerly 149.010; 1981 c.300 §1; 1999 c.217 §1]

Source: Section 131.885 — Offer of reward , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 133.992 — OR Code / Title 14 / Chapter 133 / Section 133.992
133.992 Penalties
Status: in_force

(1) A person who maliciously and without probable cause causes a search warrant or a court order for interception to be issued and executed is guilty of a Class A misdemeanor.

(2) A person who knowingly falsely certifies an information or complaint under ORS 133.015 (Contents of information or complaint) (8) is guilty of a Class A misdemeanor. [Formerly 141.990; 1979 c.716 §15; 1983 c.824 §2; 2015 c.250 §2]

Source: Section 133.992 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.700 — OR Code / Title 14 / Chapter 137 / Section 137.700
137.700 Offenses requiring imposition of mandatory minimum sentences
Status: in_force

(1) Notwithstanding ORS 161.605 (Maximum terms of imprisonment for felonies) , when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection (2)(b) of this section and the offense was committed on or after October 4, 1997, or of the offense described in subsection (2)(c) of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 (Reduction in term of incarceration) or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section.

(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are:

(a) Intentionally left blank —Ed.

(A) Murder in the second

degree, as defined in

ORS 163.115 (Murder in the second degree) . 300 months

(B) Murder in the first

degree, as defined

in ORS 163.107 (Murder in the first degree) 360 months

(C) Attempt or conspiracy

to commit aggravated

murder, as defined

in ORS 163.095 (“Aggravated murder” defined) . 120 months

(D) Attempt or conspiracy

to commit murder

in any degree. 90 months

(E) Manslaughter in the

first degree, as defined

in ORS 163.118 (Manslaughter in the first degree) . 120 months

(F) Manslaughter in the

second degree, as defined

in ORS 163.125 (Manslaughter in the second degree) . 75 months

(G) Assault in the first

degree, as defined in

ORS 163.185 (Assault in the first degree) . 90 months

(H) Assault in the second

degree, as defined in

ORS 163.175 (Assault in the second degree) . 70 months

(I) Except as provided in

paragraph (b)(G) of

this subsection,

kidnapping in the first

degree, as defined

in ORS 163.235 (Kidnapping in the first degree) . 90 months

(J) Kidnapping in the second

degree, as defined in

ORS 163.225 (Kidnapping in the second degree) . 70 months

(K) Rape in the first degree,

as defined in ORS 163.375 (Rape in the first degree)

(1)(a), (c) or (d). 100 months

(L) Rape in the second degree,

as defined in

ORS 163.365 (Rape in the second degree) . 75 months

(M) Sodomy in the first degree,

as defined in ORS 163.405 (Sodomy in the first degree)

(1)(a), (c) or (d). 100 months

(N) Sodomy in the second

degree, as defined in

ORS 163.395 (Sodomy in the second degree) . 75 months

(O) Unlawful sexual penetration

in the first degree, as

defined in ORS 163.411 (Unlawful sexual penetration in the first degree)

(1) Intentionally left blank —Ed.

(a) or (c). 100 months

(P) Unlawful sexual penetration

in the second degree, as

defined in ORS 163.408 (Unlawful sexual penetration in the second degree) . 75 months

(Q) Sexual abuse in the first

degree, as defined in

ORS 163.427 (Sexual abuse in the first degree) . 75 months

(R) Robbery in the first degree,

as defined in

ORS 164.415 (Robbery in the first degree) . 90 months

(S) Robbery in the second

degree, as defined in

ORS 164.405 (Robbery in the second degree) . 70 months

(b) Intentionally left blank —Ed.

(A) Arson in the first degree,

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

when the offense represented

a threat of serious

physical injury. 90 months

(B) Using a child in a display

of sexually explicit

conduct, as defined in

ORS 163.670 (Using child in display of sexually explicit conduct) . 70 months

(C) Compelling prostitution,

as defined in

ORS 167.017 (Compelling prostitution) . 70 months

(D) Rape in the first degree,

as defined in

ORS 163.375 (Rape in the first degree) (1)(b). 300 months

(E) Sodomy in the first degree,

as defined in

ORS 163.405 (Sodomy in the first degree) (1)(b). 300 months

(F) Unlawful sexual penetration

in the first degree, as

defined in

ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b). 300 months

(G) Kidnapping in the first

degree, as defined in

ORS 163.235 (Kidnapping in the first degree) , when the

offense is committed in

furtherance of the commission

or attempted commission of an

offense listed in subparagraph

(D), (E) or (F) of

this paragraph. 300 months

(c) Aggravated vehicular

homicide, as defined in

ORS 163.149 (Aggravated vehicular homicide) . 240 months

[1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5; 2019 c.635 §10]

Note: Section 3 (2), chapter 1, Oregon Laws 2006, provides:

Sec. 3. (2) The amendments to ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) by section 1 of this 2006 Act apply only to a person who was at least 18 years of age at the time the person committed an offense described in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) (2)(b)(D), (E), (F) or (G). [2006 c.1 §3(2)]

Note: 137.700 (Offenses requiring imposition of mandatory minimum sentences) to 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) were enacted into law but were not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.700 — Offenses requiring imposition of mandatory minimum sentences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.504 — OR Code / Title 14 / Chapter 147 / Section 147.504
147.504 Scope
Status: in_force

(1) ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 42 or 43, Article I of the Oregon Constitution, in any other proceeding may be enforced by writ of mandamus under ORS 34.105 (Definitions for ORS 34.105 to 34.240) to 34.240 (Appeal) .

(2) Nothing in ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) :

(a) Affects the authority granted by law to the prosecuting attorney to assert the public’s interest, including but not limited to:

(A) Asserting rights granted to victims by law; and

(B) Investigating and presenting to the court evidence relating to restitution.

(b) Authorizes a court to order the dismissal of a criminal proceeding or to grant a motion for judgment of acquittal, in arrest of judgment or for a new trial.

(c) Reduces a defendant’s rights under the United States Constitution or authorizes the suspension of a criminal proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution or the United States Constitution. [2009 c.178 §19]

Note: See note under 147.500 (Definitions) .

Source: Section 147.504 — Scope , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131a.305 — OR Code / Title 14 / Chapter 131a / Section 131a.305
131A.305 Judgment forfeiting property
Status: in_force

(1) If a judgment forfeiting property is entered, and the judgment finds against all claimants who have filed a responsive pleading or affidavit under ORS 131A.235 (Responsive pleading) or 131A.240 (Response by affidavit) , title to the forfeited property passes to the forfeiting agency free of any interest or encumbrance in favor of a person who has been given notice of the proceedings.

(2) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, 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, and the court shall enter a judgment forfeiting the property to the forfeiting agency, subject to the interests of any claimants for whom judgment was entered. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment.

(3) If a judgment forfeiting property is entered, all valid interests in the property that are not foreclosed or otherwise extinguished under the judgment remain in effect. [2009 c.78 §38; 2009 c.874 §13]

Source: Section 131A.305 — Judgment forfeiting property; judgment for forfeiting agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.530 — OR Code / Title 14 / Chapter 135 / Section 135.530
135.530 Effect of allowance of motion
Status: in_force

(1) If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if the defendant has been released, that the release agreement be discharged and the security deposit be refunded as provided by law, unless the court allows the case to be refiled or resubmitted to the same or another grand jury.

(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 released from custody or the release agreement discharged or the security deposit returned. [Amended by 1973 c.836 §180]

Source: Section 135.530 — Effect of allowance of motion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.983 — OR Code / Title 14 / Chapter 135 / Section 135.983
135.983 Court inquiry into defendant’s immigration status prohibited
Status: in_force

(1) The court may not inquire into a defendant’s immigration status, and may not require a defendant to disclose the defendant’s immigration status, at any time during a criminal proceeding.

(2) Subsection (1) of this section does not prohibit a defendant from knowingly and voluntarily disclosing to the court the defendant’s immigration status at any time during the criminal proceeding. [2019 c.437 §2]

Note: 135.983 (Court inquiry into defendant’s immigration status prohibited) 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 135.983 — Court inquiry into defendant’s immigration status prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.107 — OR Code / Title 14 / Chapter 137 / Section 137.107
137.107 Authority of court to amend part of judgment relating to restitution
Status: in_force

At any time after entry of a judgment upon conviction of a crime, the court may amend that part of the judgment relating to restitution if, in the original judgment, the court included language imposing, recommending or requiring restitution but failed to conform the judgment to the requirements of ORS 18.048 (Judgment in criminal action that contains money award) or any other law governing the form of judgments in effect before January 1, 2004. [1997 c.526 §2; 2003 c.576 §163]

Note: 137.107 (Authority of court to amend part of judgment relating to restitution) 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 137.107 — Authority of court to amend part of judgment relating to restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.641 — OR Code / Title 14 / Chapter 144 / Section 144.641
144.641 Definitions
Status: in_force

As used in this section and ORS 144.642 (Criteria for determining residence) , 144.644 (Criteria for determining residence) and 144.646 (Use of rules and matrix by community corrections agency) :

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

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

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

(4) “Locations where children are the primary occupants or users” includes, but is not limited to, public and private elementary and secondary schools and licensed child care centers.

(5) “Sex offender” means:

(a) A sexually violent dangerous offender as defined in ORS 137.765 (Sexually violent dangerous offenders) ; or

(b) A level three sex offender under ORS 163A.100 (Risk assessment methodology) (3).

(6) “Transitional housing” means housing intended to be occupied by a sex offender for 45 days or less immediately after release from incarceration. [2001 c.365 §1; 2005 c.576 §4; 2013 c.708 §11; 2015 c.820 §§16,23; 2017 c.442 §18; 2019 c.430 §§4,8]

Note: 144.641 (Definitions) to 144.646 (Use of rules and matrix by community corrections agency) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.641 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.335 — OR Code / Title 14 / Chapter 144 / Section 144.335
144.335 Appeal from order of board to Court of Appeals
Status: in_force

(1) A person over whom the State Board of Parole and Post-Prison Supervision exercises its jurisdiction may seek judicial review of a final order of the board as provided in this section if:

(a) The person is adversely affected or aggrieved by a final order of the board; and

(b) The person has exhausted administrative review as provided by board rule.

(2) A person requesting administrative review shall provide the person’s current mailing address in the request. The board shall mail its order disposing of the request for administrative review to the person at that address, unless the person has otherwise notified the board in writing of a change of address.

(3) The order of the board need not be in any special form, and the order is sufficient for purposes of judicial review if it appears that the board acted within the scope of the board’s authority. The Court of Appeals may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (Jurisdiction for review of contested cases) (8). The filing of the petition shall not stay the board’s order, but the board may do so, or the court may order a stay upon application on such terms as it deems proper.

(4) If a person described in subsection (1) of this section seeks judicial review of a final order of the board, the person shall file a petition for judicial review with the Court of Appeals within 60 days after the date the board mails the order disposing of the person’s request for administrative review. The person shall serve a copy of the petition for judicial review on the board.

(5) Within 30 days after being served with a copy of the petition for judicial review, or such further time as the court may allow, the board shall:

(a) Submit to the court the record of the proceeding or, if the petitioner agrees, a shortened record; and

(b) Deliver a copy of the record to the petitioner or the petitioner’s attorney, if the petitioner is represented by an attorney.

(6) At any time after submission of the petitioner’s brief, the court, on its own motion or on motion of the board, without submission of the board’s brief and without oral argument, may summarily affirm the board’s order if the court determines that the judicial review does not present a substantial question of law. Notwithstanding ORS 2.570 (Departments of court) , the Chief Judge, or other judge of the Court of Appeals designated by the Chief Judge, may, on behalf of the Court of Appeals, deny or, if the petitioner does not oppose the motion, grant the board’s motion for summary affirmance. A summary affirmance under this subsection constitutes a decision on the merits of the petitioner’s issues on judicial review.

(7) During the pendency of judicial review of an order, if the board withdraws the order for the purpose of reconsideration and thereafter issues an order on reconsideration, and the petitioner wishes to proceed with the judicial review, the petitioner need not seek administrative review of the order on reconsideration and need not file a new petition for judicial review. The petitioner shall file, within a time established by the court, a notice of intent to proceed with judicial review.

(8) In the case of disputed allegations of irregularities in procedure before the board not shown in the record that, if proved, would warrant reversal or remand, the Court of Appeals may refer the allegations to a master appointed by the court to take evidence and make findings of fact upon them.

(9) If the court determines that a brief filed by the petitioner, when liberally construed, fails to state a colorable claim for review, the court may order the petitioner to pay, in addition to the board’s recoverable costs, attorney fees incurred by the board not to exceed $100. If the petitioner moves to dismiss the petition prior to a summary affirmance described in subsection (6) of this section, the court may not award costs or attorney fees to the board.

(10) Upon request by the board, the Department of Corrections may draw from or charge to the petitioner’s trust account and pay to the board the amount of any costs or attorney fees awarded to the board by the court in any judicial review under this section.

(11) If the petitioner prevails on judicial review and is represented by an attorney funded by the Oregon Public Defense Commission, any recoverable costs shall be paid to the commission. [1973 c.694 §24; 1983 c.740 §18; 1989 c.790 §41; 1993 c.402 §1; 1995 c.108 §3; 1999 c.141 §3; 1999 c.618 §1; 2001 c.661 §1; 2003 c.352 §1; 2007 c.411 §1; 2023 c.281 §32]

Source: Section 144.335 — Appeal from order of board to Court of Appeals; appointment of master; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 137.154 — OR Code / Title 14 / Chapter 137 / Section 137.154
137.154 Level II obligations in local court judgments
Status: in_force

Level II obligations in criminal judgments entered in local courts

include all fines and other monetary obligations payable to the state, a city or a county, after payment of the amount provided for in ORS 153.633 (Distribution to state) (2). [2013 c.685 §18; 2022 c.57 §8]

Source: Section 137.154 — Level II obligations in local court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 132.310 — OR Code / Title 14 / Chapter 132 / Section 132.310
132.310 Inquiry into crimes
Status: in_force

The grand jury shall retire into a private room and may inquire into crimes committed or triable in the county and present them to the court, either by presentment or indictment, as provided in ORS 132.310 (Inquiry into crimes) to 132.390 (When the grand jury may indict) . [Amended by 1973 c.836 §45]

Source: Section 132.310 — Inquiry into crimes; presentation to court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 133.643 — OR Code / Title 14 / Chapter 133 / Section 133.643
133.643 Ground for motion for return or restoration of things seized
Status: in_force

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

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

(2) The things seized were not in fact subject to seizure under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) or 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants) ;

(3) The movant, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure under ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants) ;

(4) Although the things seized were subject to seizure under ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants) , the movant is or will be entitled to their return or restoration upon the court’s determination that they are no longer needed for evidentiary purposes; or

(5) The parties in the case have stipulated that the things seized may be returned to the movant. [1973 c.836 §111; 2001 c.104 §44; 2001 c.666 §§22,23; 2005 c.830 §20]

Source: Section 133.643 — Ground for motion for return or restoration of things seized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.463 — OR Code / Title 14 / Chapter 137 / Section 137.463
137.463 Death warrant hearing
Status: in_force

(1) When a sentence of death is pronounced, the clerk of the court shall deliver a copy of the judgment of conviction and sentence of death to the sheriff of the county. The sheriff shall deliver the defendant within 20 days from the date the judgment is entered to the correctional institution designated by the Director of the Department of Corrections pending the determination of the automatic and direct review by the Supreme Court under ORS 138.052 (Appeal from judgment of conviction and sentence of death) .

(2) If the Supreme Court affirms the sentence of death, a death warrant hearing shall take place in the court in which the judgment was rendered within 30 days after the effective date of the appellate judgment or, upon motion of the state, on a later date. The following apply to a death warrant hearing under this subsection:

(a) The defendant must be present; and

(b) The defendant may be represented by counsel. If the defendant was represented by appointed counsel on automatic and direct review, that counsel’s appointment continues for purposes of the death warrant hearing and any related matters. If that counsel is unavailable, the court shall appoint counsel pursuant to the procedure in ORS 135.050 (Eligibility for court-appointed counsel) and 135.055 (Compensation and expenses of appointed counsel) .

(3) Intentionally left blank —Ed.

(a) If the defendant indicates the wish to waive the right to counsel for the purpose of the death warrant hearing, the court shall inquire of the defendant on the record to ensure that the waiver is competent, knowing and voluntary.

(b) If the court finds that the waiver is competent, knowing and voluntary, the court shall discharge counsel.

(c) If the court finds on the record that the waiver of the right to counsel granted by this section is not competent, knowing or voluntary, the court shall continue the appointment of counsel.

(d) Notwithstanding the fact that the court finds on the record that the defendant competently, knowingly and voluntarily waives the right to counsel, the court may continue the appointment of counsel as advisor only for the purposes of the death warrant hearing.

(4) At the death warrant hearing, the court:

(a) After appropriate inquiry, shall make findings on the record whether the defendant suffers from a mental condition that prevents the defendant from comprehending the reasons for the death sentence or its implication. The defendant has the burden of proving by a preponderance of the evidence that the defendant suffers from a mental condition that prevents the defendant from comprehending the reasons for the death sentence or its implication.

(b) Shall advise the defendant that the defendant is entitled to counsel in any post-conviction proceeding and that counsel will be appointed if the defendant is financially eligible for appointed counsel at state expense.

(c) Shall determine whether the defendant intends to pursue any challenges to the sentence or conviction. If the defendant states on the record that the defendant does not intend to challenge the sentence or conviction, the court after advising the defendant of the consequences shall make a finding on the record whether the defendant competently, knowingly and voluntarily waives the right to pursue:

(A) A petition for certiorari to the United States Supreme Court;

(B) Post-conviction relief under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) ; and

(C) Federal habeas corpus review under 28 U.S.C. 2254.

(5) Following the death warrant hearing, a death warrant, signed by the trial judge of the court in which the judgment was rendered and attested by the clerk of that court, shall be drawn and delivered to the superintendent of the correctional institution designated by the Director of the Department of Corrections. The death warrant shall specify a day on which the sentence of death is to be executed and shall authorize and command the superintendent to execute the judgment of the court. The trial court shall specify the date of execution of the sentence, taking into consideration the needs of the Department of Corrections. The trial court shall specify a date not less than 90 days nor more than 120 days following the effective date of the appellate judgment.

(6) Intentionally left blank —Ed.

(a) Notwithstanding any other provision in this section, if the court finds that the defendant suffers from a mental condition that prevents the defendant from comprehending the reasons for the sentence of death or its implications, the court may not issue a death warrant until such time as the court, after appropriate inquiries, finds that the defendant is able to comprehend the reasons for the sentence of death and its implications.

(b) Intentionally left blank —Ed.

(A) If the court does not issue a death warrant because it finds that the defendant suffers from a mental condition that prevents the defendant from comprehending the reasons for the sentence of death or its implications, the court shall conduct subsequent hearings on the issue on motion of the district attorney or the defendant’s counsel or on the court’s own motion, upon a showing that there is substantial reason to believe that the defendant’s condition has changed.

(B) The court may hold a hearing under this paragraph no more frequently than once every six months.

(C) The state and the defendant may obtain an independent medical, psychiatric or psychological examination of the defendant in connection with a hearing under this paragraph.

(D) In a hearing under this paragraph, the defendant has the burden of proving by a preponderance of the evidence that the defendant continues to suffer from a mental condition that prevents the defendant from comprehending the reasons for the sentence of death or its implications.

(7) If for any reason a sentence of death is not executed on the date appointed in the death warrant, and the sentence of death remains in force and is not stayed under ORS 138.686 (Automatic stay of sentence of death for federal appeal and state post-conviction relief) or otherwise by a court of competent jurisdiction, the court that issued the initial death warrant, on motion of the state and without further hearing, shall issue a new death warrant specifying a new date on which the sentence is to be executed. The court shall specify a date for execution of the sentence, taking into consideration the needs of the Department of Corrections. The court shall specify a date not more than 20 days after the date on which the state’s motion was filed.

(8) No appeal may be taken from an order issued pursuant to this section. [1984 c.3 §5; 1999 c.1055 §2; 2001 c.962 §96]

Source: Section 137.463 — Death warrant hearing; death warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.381 — OR Code / Title 14 / Chapter 133 / Section 133.381
133.381 Procedure in arrests for violation of certain restraining orders
Status: in_force

(1) When a peace officer arrests a person pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant) (3) or pursuant to a warrant issued under ORS 33.075 (Compelling attendance of defendant) by a court or judicial officer for the arrest of a person charged with contempt for violating an order issued under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(c) or (d), 107.716 (Hearing) , 107.718 (Restraining order) , 124.015 (Hearing upon request of respondent) , 124.020 (Ex parte hearing) , 163.765 (Restraining order) or 163.767 (Hearing) , if the person is arrested in a county other than that in which the warrant or order was originally issued, the peace officer shall take the person before a magistrate as provided in ORS 133.450 (Return of arrest warrant) . If it becomes necessary to take the arrested person to the county in which the warrant or order was originally issued, the costs of such transportation shall be paid by that county.

(2) If a person arrested for the reasons described in subsection (1) of this section is subsequently found subject to the imposition of sanctions for contempt, the court, in addition to any other sanction it may impose, may order the person to repay a county all costs of transportation incurred by the county pursuant to subsection (1) of this section. [1979 c.162 §2; 1981 c.780 §9; 1991 c.724 §24; 1995 c.666 §25; 2013 c.687 §16]

Source: Section 133.381 — Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.155 — OR Code / Title 14 / Chapter 135 / Section 135.155
135.155 Retention of record and statements by magistrate
Status: in_force

The magistrate shall keep the record of the preliminary hearing and the statement of the defendant, if any, until the record is returned to the proper court and shall not permit the record to be inspected by any person, except the district attorney of the county or the attorney who acts for the district attorney and the defendant and the counsel of the defendant. [Formerly 133.750; 1991 c.790 §15]

Source: Section 135.155 — Retention of record and statements by magistrate; inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.753 — OR Code / Title 14 / Chapter 135 / Section 135.753
135.753 Effect of dismissal
Status: in_force

(1) If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant.

(2) An order for the dismissal of a charge or action, 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) , is a bar to another prosecution for the same crime if the crime is a Class B or C misdemeanor; but it is not a bar if the crime charged is a Class A misdemeanor or a felony.

(3) If any charge or action is dismissed for the purpose of consolidation with one or more other charges or actions, then any such dismissal shall not be a bar to another prosecution for the same offense. [Formerly 134.140; 1975 c.198 §1]

Source: Section 135.753 — Effect of dismissal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.973 — OR Code / Title 14 / Chapter 135 / Section 135.973
135.973 Medication use by specialty court entrant
Status: in_force

(1) As used in this section, “specialty court” has the meaning given that term in ORS 137.680 (Development of specialty court standards) .

(2) An individual may not be denied entry into a specialty court in this state solely for the reason that the individual is taking, or intends to take, medication prescribed by a licensed health care practitioner for the treatment of drug abuse or dependency. [2017 c.683 §6]

Note: 135.973 (Medication use by specialty court entrant) 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 135.973 — Medication use by specialty court entrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 147.575 — OR Code / Title 14 / Chapter 147 / Section 147.575
147.575 Recommendations for achieving full compliance with victims’ rights laws
Status: in_force

(1) The Attorney General may adopt rules to establish a nonjudicial process, independent of the process established in ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) and applicable to agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, to receive claims of violations of rights granted to victims of crime in the criminal and juvenile justice systems by law, to determine whether violations have occurred and to make nonbinding recommendations for achieving full compliance with victims’ rights laws in the future.

(2) The Attorney General, in consultation with agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, may promulgate model rules, procedures or policies, applicable only to entities outside of the judicial branch of state government, effectuating rights granted to victims by law. Model rules, procedures or policies are not enforceable by law, but the Attorney General may condition the provision of victim assistance funds or support by the Department of Justice on compliance with such model rules, procedures or policies. [2009 c.178 §22]

Note: 147.575 (Recommendations for achieving full compliance with victims’ rights laws) 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 147.575 — Recommendations for achieving full compliance with victims’ rights laws; model rules, procedures or policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.030 — OR Code / Title 14 / Chapter 137 / Section 137.030
137.030 Presence of defendant at pronouncement of judgment
Status: in_force

For the purpose of giving judgment, if the conviction is for:

(1) A felony, the defendant shall be personally present.

(2) A misdemeanor, judgment may be given in the absence of the defendant. [Amended by 1993 c.581 §1; 1997 c.827 §1; 2005 c.566 §9]

Source: Section 137.030 — Presence of defendant at pronouncement of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.195 — OR Code / Title 14 / Chapter 135 / Section 135.195
135.195 Commitment
Status: in_force

If the magistrate orders the defendant to be held to answer, the magistrate shall make out a commitment, signed by the magistrate with the name of office of the magistrate, and deliver it with the defendant to the officer to whom the defendant is committed or, if that officer is not present, to any peace officer, who shall immediately deliver the defendant into the proper custody, together with the commitment. [Formerly 133.830]

Source: Section 135.195 — Commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.560 — OR Code / Title 14 / Chapter 135 / Section 135.560
135.560 Order to set aside is no bar to future prosecution
Status: in_force

Except for an order dismissing an accusatory instrument on grounds of former jeopardy, an order to set aside an indictment or to dismiss an accusatory instrument is no bar to a future prosecution for the same crime. [Amended by 1973 c.836 §182]

Source: Section 135.560 — Order to set aside is no bar to future prosecution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.533 — OR Code / Title 14 / Chapter 137 / Section 137.533
137.533 Probation without entering judgment of guilt
Status: in_force

(1) Whenever a person pleads guilty to or is found guilty of a misdemeanor other than driving while under the influence of intoxicants or other than a misdemeanor involving domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , the court may defer further proceedings and place the person on probation, upon motion of the district attorney and without entering a judgment of guilt, if the person:

(a) Consents to the disposition;

(b) Has not previously been convicted of any offense in any jurisdiction;

(c) Has not been placed on probation under ORS 137.532 (Probation without entering plea) or 475.245 (Conditional discharge) ;

(d) Has not completed a diversion under ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement) ; and

(e) Agrees to pay a fee equal to $100. The person must pay the amount within 90 days of imposition unless the court allows payment at a later time.

(2) A district attorney may submit a motion under subsection (1) of this section if, after considering the factors listed in subsection (3) of this section, the district attorney finds that disposition under this section would be in the interests of justice and of benefit to the person and the community.

(3) In determining whether disposition under this section is in the interests of justice and of benefit to the person and the community, the district attorney shall consider at least the following factors:

(a) The nature of the offense. However, the offense must not have involved injury to another person.

(b) Any special characteristics or difficulties of the person.

(c) Whether there is a probability that the person will cooperate with and benefit from alternative treatment.

(d) Whether an available program is appropriate to the needs of the person.

(e) The impact of the disposition upon the community.

(f) Recommendations, if any, of the involved law enforcement agency.

(g) Recommendations, if any, of the victim.

(h) Provisions for restitution.

(i) Any mitigating circumstances.

(4) Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon the person’s fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. A discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. A person may be discharged and have proceedings dismissed only once under this section.

(5) Subsections (1) to (4) of this section do not affect any domestic violence sentencing programs. [1999 c.819 §§1,2; 2011 c.597 §124; 2021 c.330 §2]

Note: 137.533 (Probation without entering judgment of guilt) 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 137.533 — Probation without entering judgment of guilt; when appropriate; effect of violating condition of probation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.085 — OR Code / Title 14 / Chapter 137 / Section 137.085
137.085 Age and physical disability of victim as factors in sentencing
Status: in_force

When a court sentences a defendant convicted of any crime involving a physical or sexual assault, the court shall give consideration to a victim’s particular vulnerability to injury in such case, due to the victim’s youth, advanced age or physical disability. Such particular vulnerability of the victim is a fact enhancing the seriousness of any assault, and the court shall consider it as such in imposing the sentence within the limits otherwise provided by law. [1985 c.767 §1]

Note: 137.085 (Age and physical disability of victim as factors in sentencing) 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 137.085 — Age and physical disability of victim as factors in sentencing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.040 — OR Code / Title 14 / Chapter 136 / Section 136.040
136.040 When presence of defendant is necessary
Status: in_force

(1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person.

(2) Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 (Misdemeanor treated as violation) or 161.568 (Misdemeanor treated as violation) . [Amended by 1973 c.836 §225; 1993 c.533 §3; 1999 c.1051 §123]

Source: Section 136.040 — When presence of defendant is necessary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 136.060 — OR Code / Title 14 / Chapter 136 / Section 136.060
136.060 Jointly charged defendants to be tried jointly
Status: in_force

(1) Jointly charged defendants shall be tried jointly unless the court concludes before trial that it is clearly inappropriate to do so and orders that a defendant be tried separately. In reaching its conclusion the court shall strongly consider the victim’s interest in a joint trial.

(2) In ruling on a motion by a defendant for severance, the court may order the prosecution to deliver to the court for inspection in camera any statements or confessions made by any defendant that the prosecution intends to introduce in evidence at the trial. [Amended by 1983 c.705 §1; 1987 c.2 §6]

Source: Section 136.060 — Jointly charged defendants to be tried jointly; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.227 — OR Code / Title 14 / Chapter 138 / Section 138.227
138.227 Joint motion to vacate and remand
Status: in_force

(1) On joint motion of the parties to an appeal in a criminal case, the appellate court may vacate the judgment or order from which the appeal was taken and remand the matter to the trial court to reconsider the judgment or order, or any intermediate decision by the trial court. On remand, the trial court shall have jurisdiction to enter a modified judgment or order, or to reenter the vacated judgment or order.

(2) After entry of a judgment or order under subsection (1) of this section, either party may appeal in the same time and manner as an appeal from the original judgment or order. [1995 c.295 §3; 2017 c.529 §16]

Source: Section 138.227 — Joint motion to vacate and remand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 147.296 — OR Code / Title 14 / Chapter 147 / Section 147.296
147.296 Action for failure to provide notice
Status: in_force

The Department of Justice has a cause of action against an applicant or recipient who fails to give the notice required by ORS 147.283 (Notice to Department of Justice of claim or action to enforce claim for injuries) for amounts received by the applicant or recipient pursuant to a judgment, settlement or compromise to the extent that the department would have had a lien under ORS 147.285 (Creation of lien) upon the amounts had the notice been given. [2005 c.383 §9]

Source: Section 147.296 — Action for failure to provide notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131a.230 — OR Code / Title 14 / Chapter 131a / Section 131a.230
131A.230 Service
Status: in_force

(1) Upon commencement of a forfeiture action, the forfeiting agency must serve the summons and complaint on all persons known to have an interest in the property in the manner provided by ORCP 5 and 7 D. In addition, notice of the action must be published as provided in ORCP 7 D(6)(b) to (d) unless the forfeiture notice for the property was previously published in the manner provided in ORS 131A.150 (Forfeiture notice) (4).

(2) If the property to be forfeited in a forfeiture action is a vehicle, and substitute service on the claimant is required because personal service cannot be reasonably accomplished, service in the manner provided by ORCP 7 D(4) is sufficient to establish jurisdiction over a registered owner or operator of a vehicle.

(3) If the property to be forfeited in a forfeiture action is in whole or part a manufactured dwelling as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) or a floating home as defined in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870) , the forfeiting agency must record a notice of seizure containing a description of the manufactured dwelling or floating home in all public offices maintaining records that impart constructive notice of matters relating to manufactured dwellings or floating homes. [2009 c.78 §27]

Source: Section 131A.230 — Service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 138.625 — OR Code / Title 14 / Chapter 138 / Section 138.625
138.625 Victim testimony
Status: in_force

(1) A petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise, unless the petitioner moves for an order of the court allowing a subpoena.

(2) A copy of the motion for a subpoena under this section must be served on the counsel for the defendant.

(3) The court may not grant an order allowing a subpoena under this section unless the petitioner can demonstrate good cause by showing that:

(a) The victim’s testimony is material to the post-conviction relief proceeding;

(b) The testimony is favorable to the petitioner; and

(c) The testimony was not introduced at trial.

(4) If the court grants an order allowing a subpoena under this section, upon a request by the victim for no personal contact between the parties, the court may allow the victim to appear by telephone or other communication device approved by the court.

(5) If contacted by the petitioner or any agent of the petitioner, the victim must be clearly informed by the petitioner or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the petitioner’s attorney, or other agents of the petitioner, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact.

(6) As used in this section, “victim” has the meaning given that term in ORS 135.970 (Information required when victim contacted by defense) . [2007 c.470 §1; 2013 c.144 §2; 2019 c.399 §3]

Note: 138.625 (Victim testimony) 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 138.625 — Victim testimony; contact with victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.663 — OR Code / Title 14 / Chapter 133 / Section 133.663
133.663 Disputed possession rights
Status: in_force

(1) If, upon consideration of a motion for return or restoration of things seized, it appears to the court that the things should be returned or restored, but there is a substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the court may:

(a) Return the things to the person from whose possession they were seized; or

(b) Intentionally left blank —Ed.

(A) Impound the things seized and set a further hearing, ensuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard; and

(B) Upon completion of the hearing provided for in subparagraph (A) of this paragraph, enter an order for the return or restoration of the things seized.

(2) If there is no substantial question whether the things should be returned to the person from whose possession they were seized, they must be returned to the person upon the release of the defendant from custody.

(3) Instead of conducting the hearing provided for in subsection (1)(b)(A) of this section and returning or restoring the property, the court, in its discretion, may leave the several claimants to appropriate civil process for the determination of the claims. [1973 c.836 §113; 2005 c.22 §103]

Source: Section 133.663 — Disputed possession rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 146.184 — OR Code / Title 14 / Chapter 146 / Section 146.184
146.184 Medical practitioners to provide information about missing persons
Status: in_force

(1) A dentist, denturist, physician, naturopathic physician, optometrist or other medical practitioner, upon receipt of a written request from a law enforcement agency for identifying information pursuant to ORS 146.181 (Missing persons) , shall provide to the agency any information known to the practitioner upon the request forms provided by the agency.

(2) Information obtained under this section is restricted to use for the identification of missing persons or the identification of unidentified human remains and may not be made available to the public.

(3) Compliance with a written request for information under this section by a dentist, denturist, physician, naturopathic physician, optometrist or other medical practitioner does not constitute a breach of confidentiality. [Formerly 146.535; 2017 c.356 §17]

Source: Section 146.184 — Medical practitioners to provide information about missing persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.678 — OR Code / Title 14 / Chapter 137 / Section 137.678
137.678 Analysis of bias-related crime and incident data
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.

(2) The Oregon Criminal Justice Commission shall review all data pertaining to bias crimes and bias incidents submitted to the commission:

(a) By district attorneys under ORS 137.676 (Development of method for district attorneys to record and report bias-related crime data) ;

(b) By the Department of State Police under ORS 181A.225 (Reporting of crime statistics) ; and

(c) By the Department of Justice under ORS 147.380 (Service referral for bias incidents) .

(3) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to analyze the data described in subsection (2) of this section.

(4) No later than July 1, 2020, and at least annually thereafter, the commission shall report the results of the data analysis to the Governor, the Legislative Assembly, the Attorney General, the Oregon District Attorneys Association, the Department of State Police and the Department of Public Safety Standards and Training.

(5) Except as provided in subsection (7) of this section, the data described in subsection (2) of this section shall be made publicly accessible to the fullest extent possible under state and federal law.

(6) The commission may use the data described in subsection (2) of this section only for statistical purposes and not for any other purpose.

(7) Any data described in subsection (2) of this section that reveals the identity of any individual is exempt from public disclosure.

(8) The commission may adopt rules to carry out the provisions of this section. [2019 c.553 §9]

Note: 137.678 (Analysis of bias-related crime and incident 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 137.678 — Analysis of bias-related crime and incident data; annual report; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 132.360 — OR Code / Title 14 / Chapter 132 / Section 132.360
132.360 Number of jurors required to concur
Status: in_force

A grand jury may indict or present facts to the court for instruction as provided in ORS 132.370 (Presentment of facts to court for instruction as to law) , with the concurrence of five of its members, if at least five jurors voting for indictment or presentment heard all the testimony relating to the person indicted or facts presented. [Amended by 1973 c.836 §49]

Source: Section 132.360 — Number of jurors required to concur , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 133.060 — OR Code / Title 14 / Chapter 133 / Section 133.060
133.060 Cited person to appear before magistrate
Status: in_force

(1) A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued.

(2) If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.

(3) Intentionally left blank —Ed.

(a) Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.

(b) During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court.

(c) The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court.

(d) Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.

(e) As used in this subsection, “period of statewide emergency” means the period of time during which any declaration of a state of emergency under ORS 401.165 (Declaration of state of emergency) , public health emergency under ORS 433.441 (Declaration of public health emergency) or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2]

Source: Section 133.060 — Cited person to appear before magistrate; failure to appear; appearance during statewide emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.745 — OR Code / Title 14 / Chapter 133 / Section 133.745
133.745 Determination of security requirements to carry out extradition
Status: in_force

The Governor shall determine the security requirements necessary to safely carry out the extradition of a person from another state including, but not limited to, the number of agents needed to secure the return of a person under ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) . [1999 c.867 §12; 2009 c.40 §1]

Note: 133.745 (Determination of security requirements to carry out extradition) was added to and made a part of 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 133.745 — Determination of security requirements to carry out extradition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.230 — OR Code / Title 14 / Chapter 136 / Section 136.230
136.230 Peremptory challenges
Status: in_force

(1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and no more. In any trial before more than six jurors, both are entitled to six. In any trial before six jurors, both are entitled to three.

(2) Peremptory challenges shall be taken in writing by secret ballot as follows:

(a) The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted.

(b) After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.

(c) The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called.

(3) Notwithstanding subsection (2) of this section, the defendant and the state may stipulate to taking peremptory challenges orally.

(4) Peremptory challenges are subject to ORCP 57 D(4). [Amended by 1973 c.836 §233; 1977 c.63 §1; 1987 c.2 §7; 1987 c.320 §26; 1995 c.530 §2; 1997 c.801 §70]

Source: Section 136.230 — Peremptory challenges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.865 — OR Code / Title 14 / Chapter 133 / Section 133.865
133.865 Arrest and Return Account
Status: in_force

(1) The Arrest and Return Account is established separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 144.605 (Fee for application to transfer supervision) and 161.665 (Costs) , moneys allocated to the account under ORS 137.300 (Criminal Fine Account) and other moneys received by the Governor for the purpose of paying the costs of extraditing defendants.

(2) Except as provided in subsection (3) of this section, moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in carrying out the provisions of ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) .

(3) Moneys deposited in the Arrest and Return Account under ORS 144.605 (Fee for application to transfer supervision) are continuously appropriated to the Governor for the purpose of paying costs incurred in retaking offenders who have transferred supervision under the Interstate Compact for Adult Offender Supervision described in ORS 144.600 (Interstate Compact for Adult Offender Supervision) . [2003 c.615 §3; 2009 c.742 §2; 2011 c.597 §45; 2015 c.198 §3; 2021 c.653 §2]

Note: 133.865 (Arrest and Return Account) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 133.865 — Arrest and Return Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131a.160 — OR Code / Title 14 / Chapter 131a / Section 131a.160
131A.160 Transfer of proceedings prohibited
Status: in_force

After service of a forfeiture notice under ORS 131A.150 (Forfeiture notice) , or recording of a forfeiture notice under ORS 131A.155 (Recorded forfeiture notice) , a forfeiting agency may not transfer the proceedings to the federal government unless a state court has affirmatively found by a preponderance of the evidence that:

(1) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;

(2) The seized property may be forfeited only under federal law; or

(3) Pursuing forfeiture under state law would unduly burden the forfeiting agency. [2009 c.78 §20]

Source: Section 131A.160 — Transfer of proceedings prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 144.404 — OR Code / Title 14 / Chapter 144 / Section 144.404
144.404 Department of Corrections authority to receive, hold and dispose of property
Status: in_force

(1) The Department of Corrections is authorized to receive, hold and dispose of:

(a) Contraband and other things subject to seizure under ORS 133.535 (Permissible objects of search and seizure) ;

(b) Things possessed in violation of supervision conditions; or

(c) Unclaimed goods seized by a parole and probation officer.

(2) As used in this section and ORS 144.405 (Duty of officer upon seizure) to 144.409 (Granting petition for return of things seized) , “supervision” means probation, parole, post-prison supervision or any other form of supervised or conditional release. [1991 c.286 §1; 2021 c.206 §1]

Note: 144.404 (Department of Corrections authority to receive, hold and dispose of property) to 144.409 (Granting petition for return of things seized) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.404 — Department of Corrections authority to receive, hold and dispose of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 146.025 — OR Code / Title 14 / Chapter 146 / Section 146.025
146.025 Functions of board
Status: in_force

In addition to the duties set forth in ORS 146.015 (State Medical Examiner Advisory Board) the State Medical Examiner Advisory Board shall:

(1) Recommend to the Oregon Department of Administrative Services the qualifications and compensation for the positions of Chief Medical Examiner and Deputy State Medical Examiner.

(2) Recommend to the county courts the compensation of the district medical examiners and assistant district medical examiners.

(3) Recommend to district medical examiners and district attorneys the qualifications for medical-legal death investigators.

(4) Approve or disapprove of a single district medical examiner’s office for two or more counties as provided by ORS 146.065 (Local medical examiners) (5).

(5) Recommend a proposed budget for the Office of the Chief Medical Examiner to the Department of State Police.

(6) Annually review the Chief Medical Examiner’s report prescribed by ORS 146.055 (Advice) and report to the Superintendent of State Police and to the State Board of Health regarding the operation of the Office of the Chief Medical Examiner. [1973 c.408 §3; 1995 c.744 §10; 2017 c.151 §5]

Source: Section 146.025 — Functions of board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 147.399 — OR Code / Title 14 / Chapter 147 / Section 147.399
147.399 Sexual Assault Victims’ Emergency Medical Response Fund
Status: in_force

(1) The Sexual Assault Victims’ Emergency Medical Response Fund is established, separate and distinct from the General Fund. All moneys in the Sexual Assault Victims’ Emergency Medical Response Fund are continuously appropriated to the Department of Justice to be used for the purpose of carrying out the provisions of ORS 147.397 (Payment of costs) .

(2) The Department of Justice may accept moneys from any source for the purpose of carrying out the provisions of ORS 147.397 (Payment of costs) . The department shall deposit moneys accepted under this subsection in the Sexual Assault Victims’ Emergency Medical Response Fund. [2003 c.789 §3]

Note: See note under 147.395 (Definitions) .

Source: Section 147.399 — Sexual Assault Victims’ Emergency Medical Response Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.674 — OR Code / Title 14 / Chapter 137 / Section 137.674
137.674 Use of force data analysis
Status: in_force

The Oregon Criminal Justice Commission shall analyze data from the National Use-of-Force Data Collection operated by the Federal Bureau of Investigation and report annually in the manner provided in ORS 192.245 (Form of report to legislature) to an appropriate committee or interim committee of the Legislative Assembly on the analysis. [2021 c.625 §2]

Note: 137.674 (Use of force data analysis) 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 137.674 — Use of force data analysis; report to legislature , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 146.730 — OR Code / Title 14 / Chapter 146 / Section 146.730
146.730 Investigation
Status: in_force

A medical examiner or district attorney may investigate an injury whenever the injury occurred under suspicious or unknown circumstances. All authority granted to the medical examiner or district attorney by ORS 146.003 (Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992) to 146.189 (Use of records to identify human remains and missing persons) and 146.710 (Definition for ORS 146.710 to 146.780) to 146.992 (Penalties) may be exercised in making such investigation. [1963 c.621 §2; 1965 c.221 §18; 1967 c.545 §§2,3; 1971 c.401 §7; 1971 c.451 §10; 1973 c.408 §26; 2007 c.294 §2]

Source: Section 146.730 — Investigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 132.580 — OR Code / Title 14 / Chapter 132 / Section 132.580
132.580 Names of grand jury witnesses required on indictment
Status: in_force

(1) Except as provided in subsection (2) of this section, when an indictment is found, the names of the witnesses examined before the grand jury that returned the indictment, either by testimony in the presence of the grand jury, by affidavit, by means of simultaneous television transmission under ORS 132.320 (Consideration of evidence) (5) or by telephone under ORS 132.320 (Consideration of evidence) (7), and the names of those whose reports were received by such grand jury pursuant to ORS 132.320 (Consideration of evidence) (2) must be inserted at the foot of the indictment, or indorsed thereon, before it is filed. The indorsement shall show whether the witness gave testimony before the grand jury in person, by affidavit, by means of simultaneous television transmission or by telephone or filed a report.

(2) Intentionally left blank —Ed.

(a) An indictment may include a pseudonym, initials or other signifier instead of the name of a witness examined before the grand jury if:

(A) The witness is also a victim of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) alleged in the indictment;

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

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

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

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

(d) The document described in paragraph (a)(B) of this subsection is confidential with respect to any person who is not a party to the case. At any time during the proceeding the court may, upon a finding of good cause, order that the document is not confidential. Once the final judgment on the case is entered, the document is no longer confidential.

(3) A witness examined before the grand jury whose name is not indorsed on the indictment shall not be permitted to testify at trial without the consent of the defendant, unless the court finds that:

(a) The name of the witness was omitted from the indictment by inadvertence;

(b) The name of the witness was furnished to the defendant by the state at least 10 days before trial; and

(c) The defendant will not be prejudiced by the omission. [Amended by 1973 c.836 §59; 1995 c.126 §2; 2003 c.645 §8; 2019 c.338 §2]

Source: Section 132.580 — Names of grand jury witnesses required on indictment; exception; effect of failure to include; procedure to remedy failure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 153.005 — OR Code / Title 14 / Chapter 153 / Section 153.005
153.005 Definitions
Status: in_force

As used in this chapter:

(1) “Enforcement officer” means:

(a) A member of the Oregon State Police.

(b) A sheriff or deputy sheriff.

(c) A city marshal or a member of the police of a city, municipal or quasi-municipal corporation.

(d) A police officer commissioned by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) .

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

(f) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon.

(g) A Port of Portland peace officer.

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

(i) A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2).

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

(k) Any other person specifically authorized by law to issue citations for the commission of violations.

(2) “Traffic offense” has the meaning given that term in ORS 801.555 (“Traffic offense.”) .

(3) “Violation” means an offense described in ORS 153.008 (Violations described) .

(4) “Violation proceeding” means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation. [1999 c.1051 §2; 2007 c.71 §44; 2009 c.299 §3; 2011 c.506 §20; 2011 c.644 §§22,45; 2012 c.54 §§14,15; 2012 c.67 §§7,8; 2013 c.180 §21,22; 2015 c.174 §10; 2015 c.614 §§145,146]

Source: Section 153.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 138.615 — OR Code / Title 14 / Chapter 138 / Section 138.615
138.615 Disclosure of witness information
Status: in_force

(1) In any proceeding for post-conviction relief pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , a party shall provide to the other party, upon written request of the other party or an order of the court, the identity of and, except as provided in subsection (5) of this section, the contact information for any person who is a potential witness, whether the person may be called to testify at the proceeding or provide sworn written testimony.

(2) Unless otherwise ordered by the court, the disclosure required by subsection (1) of this section concerning any witness that a party may use at the proceeding to present evidence under ORS 40.410 (Rule 702. Testimony by experts) , 40.415 (Rule 703. Bases of opinion testimony by experts) or 40.420 (Rule 704. Opinion on ultimate issue) must be accompanied by a written report that is prepared and signed by the witness. The report must contain:

(a) A complete statement of all opinions the witness intends to assert as an expert witness; and

(b) The data or other information considered by the witness in forming the opinions.

(3) The disclosures required by subsections (1) and (2) of this section must be made according to timelines established by the court in each case.

(4) Upon being apprised of any breach of the duty imposed under subsections (1) and (2) of this section, and after taking into account the reason, if any, for the breach and the prejudice, if any, to the other party, the court may grant a continuance, refuse to permit a witness not properly disclosed from testifying, refuse to receive in evidence the material not disclosed, impose costs incurred by the other party as a result of the breach or enter such other order as the court considers appropriate.

(5) Unless ordered by the court, the defendant shall not disclose to the petitioner any personal identifiers, as defined in ORS 135.815 (Disclosure to defendant) , of the victim.

(6) Upon the request of either party, the court may enter a protective order as provided in ORS 135.873 (Protective orders) . [2013 c.226 §2]

Source: Section 138.615 — Disclosure of witness information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.345 — OR Code / Title 14 / Chapter 136 / Section 136.345
136.345 When attendance of woman officer is required
Status: in_force

Whenever any woman or girl is interrogated with reference to the commission of any sexual crime, is accused of or charged with the commission of any sexual crime before any committing magistrate and is taken into custody therefor, or is called as a witness at a hearing before a committing magistrate with reference to any such class of crimes, and whether such crime has been committed by her or by some other person, she shall only be orally examined by or in the presence of a woman officer, appointed as provided in ORS 136.347 (Appointment, duties and compensation of woman officer) . [Formerly 133.770]

Source: Section 136.345 — When attendance of woman officer is required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.095 — OR Code / Title 14 / Chapter 135 / Section 135.095
135.095 Right of defendant to make or waive making a statement
Status: in_force

When the examination of the witnesses on the part of the state is closed, the magistrate shall inform the defendant that it is the right of the defendant to make a statement in relation to the charge against the defendant; that the statement is designed to enable the defendant, if the defendant sees fit, to answer the charge and explain the facts alleged against the defendant; that the defendant is at liberty to waive making a statement; and that the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.680]

Source: Section 135.095 — Right of defendant to make or waive making a statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.924 — OR Code / Title 14 / Chapter 137 / Section 137.924
137.924 Supervisory authority to provide information to agency directors
Status: in_force

When a defendant is committed to the supervisory authority of the county pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county) , the supervisory authority shall forward the name, date of birth and Social Security number of the defendant to:

(1) The Director of the Employment Department for purposes of making a determination of eligibility under ORS 657.155 (Benefit eligibility conditions) ;

(2) The Director of the Oregon Health Authority, or the director’s designee, for the purposes of suspending any medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) ; and

(3) The Director of Human Services, or the director’s designee, for the purposes of suspending any public assistance as defined in ORS 411.010 (Definitions) . [2011 c.90 §1; 2021 c.58 §2]

Note: 137.924 (Supervisory authority to provide information to agency directors) 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 137.924 — Supervisory authority to provide information to agency directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.466 — OR Code / Title 14 / Chapter 137 / Section 137.466
137.466 Judicial determination of defendant’s mental capacity
Status: in_force

(1) If the court has ordered the Oregon Health Authority to perform a competency assessment of the defendant under ORS 137.464 (Administrative assessment of defendant’s mental capacity) and the assessment has been completed, the court shall determine the issue of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options. If neither the state nor counsel for the defendant contests the finding of the report filed under ORS 137.464 (Administrative assessment of defendant’s mental capacity) , the court may make the determination of the defendant’s mental capacity to engage in reasoned choices of legal strategies and options on the basis of the report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence at the hearing, the party contesting the finding has the right to summon and to cross-examine the psychiatrist or psychologist who submitted the report and to offer evidence on the issue. Either party may introduce other evidence regarding the defendant’s mental capacity to engage in reasoned choices of legal strategies and options.

(2) If the court determines that, due to mental incapacity, the defendant cannot engage in reasoned choices of legal strategies and options, the court shall continue the appointment of counsel provided under ORS 137.463 (Death warrant hearing) .

(3) No appeal may be taken from an order issued pursuant to this section. [1999 c.1055 §4; 2009 c.595 §97]

Note: See note under 137.464 (Administrative assessment of defendant’s mental capacity) .

Source: Section 137.466 — Judicial determination of defendant’s mental capacity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.585 — OR Code / Title 14 / Chapter 138 / Section 138.585
138.585 Access to confidential jury records
Status: in_force

(1) A person who files a petition for post-conviction relief under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) and who seeks jury records that are confidential under ORS 10.215 (Master jury list) must either include in the petition a request for access to the confidential records or file a motion in the proceedings seeking access to the confidential records. A motion under this subsection must be filed not later than 90 days before the hearing date for the petition, unless the court allows a later filing for good cause shown. The petition or motion, and any supporting affidavit for the petition or motion, must be served on the trial court administrator for the court that entered the judgment of conviction and on the State Court Administrator. The request for confidential records must:

(a) Specify the purpose for which the jury records are sought; and

(b) Identify with particularity the relevant jury records sought to be released, including the type and time period of the records.

(2) The court in the post-conviction relief proceeding may order release of the jury records if the court finds that:

(a) The jury records sought are likely to produce evidence relevant to a claim of a substantial denial of the petitioner’s rights under the Constitution of the United States, or under the Constitution of the State of Oregon, or both; and

(b) Production of the jury records is not unduly burdensome.

(3) An order under subsection (2) of this section may include, but need not be limited to:

(a) A requirement that the petitioner provide advance payment to the trial court administrator for the court that entered the judgment of conviction and, if applicable, the State Court Administrator for the reasonable costs of providing copies of the jury records; and

(b) Restrictions on further disclosure of the jury records including, but not limited to:

(A) A requirement that the petitioner return all originals and copies to the court at the conclusion of the proceeding;

(B) A requirement that the jury records may be used only for the purpose of supporting the petition for post-conviction relief;

(C) A prohibition against distributing the jury records to a person who is not an agent or representative of the petitioner; and

(D) A prohibition against contacting or attempting to contact the persons whose names appear on the jury records without specific authorization of the court.

(4) The trial court administrator for the court that entered the judgment of conviction or the State Court Administrator may intervene at any time as a matter of right as to any issues relating to the release of jury records under this section.

(5) The procedure established by this section is the exclusive means for compelling production of confidential jury records as evidence in post-conviction relief proceedings. The procedure established by ORS 10.275 (Jury challenges) is the exclusive means for compelling production of confidential jury records as evidence relevant to a challenge to a jury panel under ORS 136.005 (Challenge to jury panel) or ORCP 57A. [2011 c.308 §2]

Source: Section 138.585 — Access to confidential jury records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 138.560 — OR Code / Title 14 / Chapter 138 / Section 138.560
138.560 Procedure upon filing petition for relief
Status: in_force

(1) A proceeding for post-conviction relief pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall be commenced by filing a petition with the clerk of the circuit court for the county in which the petitioner is imprisoned or, if the petitioner is not imprisoned, with the clerk of the circuit court for the county in which the petitioner’s conviction and sentence was rendered. Except as otherwise provided in ORS 138.590 (Petitioner may proceed as a financially eligible person) , the petitioner must pay the filing fee established under ORS 21.135 (Standard filing fee) at the time of filing a petition under this section. If the petitioner prevails, the petitioner shall recover the fee pursuant to the Oregon Rules of Civil Procedure. The clerk of the court in which the petition is filed shall enter and file the petition and bring it promptly to the attention of such court. A copy of the petition need not be served by petitioner on the defendant, but, in lieu thereof, the clerk of the court in which the petition is filed shall immediately forward a copy of the petition to the Attorney General or other attorney for the defendant named in ORS 138.570 (Who shall be named as defendant) .

(2) For the purposes of ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , a person released on parole, post-prison supervision or conditional pardon shall be deemed to be imprisoned in the institution from which the person was released.

(3) Except when petitioner’s conviction was for a misdemeanor, the release of the petitioner from imprisonment during the pendency of proceedings instituted pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) shall not cause the proceedings to become moot. Such release of petitioner shall not change the venue of the proceedings out of the circuit court in which the proceedings were commenced and shall not affect the power of such court to transfer the proceedings as provided in subsection (4) of this section.

(4) Whenever the petitioner is imprisoned in a Department of Corrections institution and the circuit court for the county in which the petitioner is imprisoned finds that the hearing upon the petition can be more expeditiously conducted in the county in which the petitioner was convicted and sentenced, the circuit court upon its own motion or the motion of a party may order the petitioner’s case to be transferred to the circuit court for the county in which petitioner’s conviction and sentence were rendered. The court’s order is not reviewable by any court of this state.

(5) When a petitioner who is imprisoned in a Department of Corrections institution is transferred to another Department of Corrections institution, the circuit court in which a post-conviction relief proceeding is pending may deny a motion for a change of venue to the county where the petitioner is transferred. The court’s order is not reviewable by any court of this state. [1959 c.636 §6; 1983 c.505 §14; 1987 c.320 §44; 1991 c.249 §17; 1995 c.273 §20; 1995 c.657 §4; 2003 c.261 §1; 2003 c.737 §§65,66; 2005 c.702 §§77,78,79; 2011 c.595 §57; 2015 c.119 §1; 2019 c.399 §2]

Source: Section 138.560 — Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 144.083 — OR Code / Title 14 / Chapter 144 / Section 144.083
144.083 Early discharge from supervision
Status: in_force

(1) Notwithstanding ORS 137.765 (Sexually violent dangerous offenders) and 144.103 (Term of active post-prison supervision for person convicted of certain offenses) , the State Board of Parole and Post-Prison Supervision may discharge a person from parole or post-prison supervision before the end of the supervision term imposed by the sentencing court if:

(a) The person is permanently incapacitated and has a condition that requires constant medical care;

(b) Parole or post-prison supervision prevents the person from accessing a care facility;

(c) The person provides substantiation and verification of the medical condition from a medical professional; and

(d) The board, in its discretion, determines that early discharge from supervision is compatible with the best interests of the person and the community.

(2) The board shall adopt rules establishing criteria for discharging persons from parole or post-prison supervision under this section.

(3) If a victim has requested notification of the status of a person on parole or post-prison supervision and has provided the board with contact information, the board shall make a reasonable effort to notify the victim prior to any final decision concerning discharge under this section. [2021 c.203 §2]

Source: Section 144.083 — Early discharge from supervision; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 146.080 — OR Code / Title 14 / Chapter 146 / Section 146.080
146.080 Assistant district medical examiner
Status: in_force

(1) Each district medical examiner may appoint one or more assistant district medical examiners.

(2) The qualifications of an assistant district medical examiner shall be prescribed by the State Medical Examiner Advisory Board.

(3) When delegated by the district medical examiner, an assistant district medical examiner shall:

(a) Assist the district medical examiner in investigating and certifying deaths.

(b) Have the authority and responsibility to investigate and certify deaths requiring investigation. [1973 c.408 §10]

Source: Section 146.080 — Assistant district medical examiner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.040 — OR Code / Title 14 / Chapter 137 / Section 137.040
137.040 Bringing defendant in custody to pronouncement of judgment
Status: in_force

If the defendant is in custody, the court shall:

(1) Direct the officer in whose custody the defendant is to bring the defendant before the court for judgment and the officer shall do so accordingly; or

(2) Ensure that arrangements for the defendant to appear for judgment by simultaneous electronic transmission as described in ORS 131.045 (Appearances by simultaneous electronic transmission) have been made. [Amended by 2005 c.566 §10]

Source: Section 137.040 — Bringing defendant in custody to pronouncement of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.108 — OR Code / Title 14 / Chapter 153 / Section 153.108
153.108 Effect of judgment
Status: in_force

(1) Notwithstanding ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.535 (Proceedings not constituting acquittal) , if a person commits both a crime and a violation as part of the same criminal episode, the prosecution for one offense shall not bar the subsequent prosecution for the other. However, evidence of the first conviction shall not be admissible in any subsequent prosecution for the other offense.

(2) Notwithstanding ORS 43.130 (Judicial orders that are conclusive) and 43.160 (What determined by former judgment) , a plea, finding or judgment in a violation proceeding, or the fact that a violation proceeding has been brought against a defendant, may not be used for the purpose of res judicata or collateral estoppel, or be admitted as evidence in any civil proceeding. [1999 c.1051 §27; 2011 c.597 §29]

Source: Section 153.108 — Effect of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 136.110 — OR Code / Title 14 / Chapter 136 / Section 136.110
136.110 Commitment of defendant after release
Status: in_force

When a defendant who has been released appears for trial, the court may in its discretion at any time after such appearance order the defendant to be committed to actual custody to abide the judgment or further order of the court; and the defendant shall be committed and held in custody accordingly. [Amended by 1973 c.836 §227]

Source: Section 136.110 — Commitment of defendant after release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.285 — OR Code / Title 14 / Chapter 135 / Section 135.285
135.285 Modification of release decision
Status: in_force

If circumstances concerning the defendant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release. [1973 c.836 §156; 1995 c.658 §75; 2013 c.151 §3]

Source: Section 135.285 — Modification of release decision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.603 — OR Code / Title 14 / Chapter 144 / Section 144.603
144.603 Withdrawal from compact
Status: in_force

If a state withdraws from the Interstate Compact for Adult Offender Supervision as provided in Article XII (a) of the compact, the Department of Corrections may negotiate an agreement with the withdrawing state to fulfill the purposes of ORS 144.600 (Interstate Compact for Adult Offender Supervision) . [2001 c.729 §3]

Note: See note under 144.600 (Interstate Compact for Adult Offender Supervision) .

Source: Section 144.603 — Withdrawal from compact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 138.285 — OR Code / Title 14 / Chapter 138 / Section 138.285
138.285 Order staying execution of sentence
Status: in_force

(1) Intentionally left blank —Ed.

(a) A justice, municipal or circuit court may enter an order in a criminal action as defined in ORS 131.005 (General definitions) staying execution of a sentence, or a portion of a sentence, pending the resolution of an appeal.

(b) Except for good cause shown, a motion for an order under this section must be filed in the trial court no later than the filing of a notice of appeal. The trial court retains jurisdiction to enter an order under this section irrespective of whether a notice of appeal has been filed.

(c) Except as otherwise required by this section, the trial court may impose conditions on a stay that the trial court determines are appropriate.

(2) In determining whether to enter an order staying the execution of all of a sentence, or a portion of a sentence, the trial court shall consider the following factors:

(a) The nature of the offense;

(b) The severity of the sentence imposed;

(c) The health of the defendant;

(d) The character and strength of the evidence;

(e) The criminal history of the defendant;

(f) If the sentence, or the portion of the sentence, sought to be stayed includes a term of incarceration, the likelihood that the defendant will:

(A) Appear in court at all appropriate times;

(B) Comply with any other conditions of release; and

(C) Complete, or substantially complete, serving the term of incarceration before the appeal is decided;

(g) The likelihood that an appellate court will reverse the sentence, or the portion of the sentence, sought to be stayed or will reverse the judgment of conviction that includes the sentence, or the portion of the sentence, sought to be stayed; and

(h) If an appellate court has issued a decision reversing the sentence, or a portion of the sentence, sought to be stayed or reversing the judgment of conviction that includes the sentence, or the portion of the sentence, sought to be stayed:

(A) Whether the reversal or any other relief described in the appellate decision will result in the defendant having completed serving the term of incarceration imposed; and

(B) Whether the appellate decision remands the case for a new trial.

(3) If the trial court enters an order staying a term of incarceration, the court:

(a) May order that the conditions of the release agreement and any posted security stand pending resolution of the appeal or may order an increase or reduction in the amount of security.

(b) Shall order that the defendant, as a condition of release:

(A) Duly prosecute the appeal of the defendant as required by ORS 138.005 (Definitions for ORS 138.010 to 138.310) to 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) ;

(B) Appear at such time and place as the court may direct;

(C) Not depart this state without leave of the court; and

(D) If the judgment is affirmed, or the judgment is reversed and the case is remanded for a new trial, immediately appear as required by the trial court.

(4) If the court enters an order staying the payment of a monetary obligation, the court may order the defendant:

(a) To deposit, pending resolution of the appeal, the whole or any part of the monetary obligation with the clerk of the trial court;

(b) To file an undertaking with sufficient sureties;

(c) To submit to an examination of assets; or

(d) To refrain from dissipating the assets of the defendant. [Formerly 138.125]

Note: 138.285 (Order staying execution of sentence) 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 138.285 — Order staying execution of sentence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 144.350 — OR Code / Title 14 / Chapter 144 / Section 144.350
144.350 Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Department of Corrections or other supervisory authority may order the arrest and detention of any person then under the supervision, custody or control of the department or other supervisory authority upon being informed and having reasonable grounds to believe that such person has:

(A) Violated the conditions of parole, post-prison supervision, probation, conditional pardon or other conditional release from custody; or

(B) Escaped from the supervision, custody or control of the department or other supervisory authority.

(b) Before issuing an order under paragraph (a)(A) of this subsection, the department or other supervisory authority shall investigate for the purpose of ascertaining whether the terms of the parole, post-prison supervision, probation, conditional pardon or other conditional release have been violated.

(2) Notwithstanding subsection (1) of this section, the department or other supervisory authority may order the arrest and detention of any person under its supervision or control if it has reasonable grounds to believe that such person is a danger to self or to others. A hearing shall follow as promptly as convenient to the parties to determine whether probable cause exists to continue detention pending a final determination of the case.

(3) As used in this section, “escape” means the unlawful departure of a person from a correctional facility, as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) , or from the supervision, custody or control of a corrections officer or other person authorized by the department or supervisory authority to maintain supervision, custody or control of the person while the person is outside the correctional facility. [Amended by 1969 c.597 §117; 1981 c.644 §8; 1987 c.320 §63; 1989 c.790 §44; 1995 c.423 §25; 1999 c.120 §2]

Source: Section 144.350 — Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release; investigation by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.713 — OR Code / Title 14 / Chapter 133 / Section 133.713
133.713 Inventory
Status: in_force

(1) Upon written request by the defendant, the district attorney shall provide the defendant with an inventory of biological evidence that has been preserved under ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) and is related to the covered offense for which the defendant was convicted.

(2) A defendant or, if the defendant is represented by an attorney, the defendant’s attorney has the right to reasonably review biological evidence that is the subject of a written notice of intent to dispose of biological evidence under ORS 133.709 (Notice of intent to dispose) for the purpose of preparing a motion to preserve biological evidence. [2011 c.275 §5]

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

Source: Section 133.713 — Inventory; right to review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.025 — OR Code / Title 14 / Chapter 144 / Section 144.025
144.025 Chairperson
Status: in_force

(1) The Governor shall select one of the members of the State Board of Parole and Post-Prison Supervision as chairperson and another member as vice chairperson, for such terms and with duties and powers, in addition to those established by law, necessary for the performance of the function of such office as the Governor determines.

(2) A majority of the members of the board constitutes a quorum for decisions concerning rules and policies.

(3) Except as otherwise provided in this chapter, decisions affecting individuals under the jurisdiction of the board shall be made as designated by the rules of the board.

(4) Except as otherwise provided by statute, all board hearings are presumed to be panel hearings.

(5) The chairperson of the board may require all voting members of the board to participate in any hearing or decision requiring at least three board members. The decision to require the participation of all board members is not appealable.

(6) The board shall adopt rules concerning the number of board members that participate in board hearings and decisions. [1969 c.597 §106; 1973 c.836 §283; 1975 c.217 §3; 1981 c.644 §3; 1989 c.589 §1; 1991 c.126 §2; 2015 c.820 §39]

Source: Section 144.025 — Chairperson; quorum; participation of all members; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.736 — OR Code / Title 14 / Chapter 133 / Section 133.736
133.736 Suppression of intercepted oral communication
Status: in_force

(1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress recordings of any oral communication intercepted in violation of ORS 133.726 (Interception of oral communication without order) or testimony or other evidence derived solely from the unlawful interception.

(2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.

(3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1983 c.824 §5; 2001 c.385 §3; 2003 c.14 §55]

Source: Section 133.736 — Suppression of intercepted oral communication; procedure; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.008 — OR Code / Title 14 / Chapter 153 / Section 153.008
153.008 Violations described
Status: in_force

(1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply:

(a) The offense is designated as a violation in the statute defining the offense.

(b) The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

(c) The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

(d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566 (Misdemeanor treated as violation) .

(e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568 (Misdemeanor treated as violation) .

(2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [1999 c.1051 §3]

Source: Section 153.008 — Violations described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 136.260 — OR Code / Title 14 / Chapter 136 / Section 136.260
136.260 Selection of alternate jurors
Status: in_force

(1) Intentionally left blank —Ed.

(a) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as “alternate jurors.” The court may call:

(A) One to six additional jurors if the person is charged with a felony; and

(B) One to three additional jurors if the person is charged with a misdemeanor.

(b) Jurors called under paragraph (a) of this subsection:

(A) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.

(B) Are subject to the same examination and may be challenged in the same manner as other jurors.

(c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.

(2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:

(a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.

(b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.

(c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.

(3) The court has discretion to decide:

(a) When and in what manner the alternate jurors are selected;

(b) When and in what manner the additional peremptory challenges described in subsection (2) of this section may be used; and

(c) When and in what manner the alternate jurors are informed of their status as alternate jurors. [Amended by 1991 c.725 §1; 2003 c.358 §1; 2017 c.359 §1]

Source: Section 136.260 — Selection of alternate jurors; peremptory challenges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 147.292 — OR Code / Title 14 / Chapter 147 / Section 147.292
147.292 Notice of amount of judgment, settlement or compromise
Status: in_force

Immediately after a judgment has been rendered in favor of an applicant or recipient or a settlement or compromise has been agreed upon, all parties bound by the judgment, settlement or compromise shall provide written notice to the Department of Justice of the amount of the judgment, settlement or compromise. After receiving the notice, the department shall send by certified mail a statement of the amount of its lien to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the statement by first class mail to any party, attorney or insurer that does not accept the certified mail containing the statement. [2005 c.383 §7]

Source: Section 147.292 — Notice of amount of judgment, settlement or compromise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.737 — OR Code / Title 14 / Chapter 135 / Section 135.737
135.737 Perjury
Status: in_force

In an accusatory instrument for perjury, attempted perjury, solicitation of perjury or conspiracy to commit perjury it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, in what court or before whom the oath alleged to be false was taken and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the accusatory instrument need set forth neither the pleadings, record or proceedings with which the oath is connected nor the commission or authority of the court or person before whom the perjury was committed. [Formerly 132.690]

Source: Section 135.737 — Perjury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).