ORS § 138.085 — OR Code / Title 14 / Chapter 138 / Section 138.085
138.085 Content requirements for certain notices of appeal
Status: reserved

(1) If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must:

(a) Include a statement that the defendant has reserved an issue for appeal under ORS 135.335 (Pleading by defendant) ; or

(b) Identify a colorable claim of error reviewable under ORS 138.105 (Appeal by defendant) .

(2) If a defendant appeals from any of the following judgments or orders, the notice of appeal must identify a colorable claim of error reviewable under ORS 138.105 (Appeal by defendant) .

(a) A trial court’s judgment or order:

(A) Revoking probation;

(B) Extending the period of probation;

(C) Imposing a new condition of probation;

(D) Modifying an existing condition of probation; or

(E) Revoking a sentence suspension; or

(b) A judgment resentencing the defendant pursuant to a decision by an appellate court or a circuit court granting post-conviction relief.

(3) The requirements of subsections (1) and (2) of this section are not jurisdictional, but the appellate court may dismiss the appeal if the notice of appeal fails to contain the required statement or fails to identify the colorable claim of error and the defendant fails to correct the deficiency after having been given the opportunity to do so. [2017 c.529 §6]

Source: Section 138.085 — Content requirements for certain notices of appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 135.265 — OR Code / Title 14 / Chapter 135 / Section 135.265
135.265 Security release
Status: in_force

(1) If the defendant is not released on personal recognizance under ORS 135.255 (Release agreement) , or granted conditional release under ORS 135.260 (Conditional release) , or fails to agree to the provisions of the conditional release, the magistrate shall set a security amount that will reasonably assure the defendant’s appearance. The defendant shall execute the security release in the amount set by the magistrate.

(2) The defendant shall execute a release agreement and deposit with the clerk of the court before which the proceeding is pending a sum of money equal to 10 percent of the security amount, but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum deposited. Upon depositing this sum the defendant shall be released from custody subject to the condition that the defendant appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court. Once security has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction the latter court shall continue the original security in that court subject to ORS 135.280 (Arrest warrant) and 135.285 (Modification of release decision) . When conditions of the release agreement have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85 percent of the sum which has been deposited and shall retain as security release costs 15 percent, but not less than $5 nor more than $750, of the amount deposited. The interest that has accrued on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the General Fund. The amount retained by a justice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a municipal court shall be deposited in the municipal corporation treasury. At the request of the defendant the court may order whatever amount is repayable to defendant from such security amount to be paid to defendant’s attorney of record.

(3) Instead of the security deposit provided for in subsection (2) of this section the defendant may deposit with the clerk of the court an amount equal to the security amount in cash, stocks, bonds, or real or personal property situated in this state with equity not exempt owned by the defendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds, real or personal property shall in all cases be justified by affidavit. The magistrate may further examine the sufficiency of the security as the magistrate considers necessary. [1973 c.836 §153; 1979 c.878 §1; 1981 c.837 §1; 1981 s.s. c.3 §112; 1983 c.763 §44; 1987 c.905 §14; 2009 c.659 §§9,11; 2011 c.595 §§158,159]

Source: Section 135.265 — Security release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.518 — OR Code / Title 14 / Chapter 133 / Section 133.518
133.518 Duty of peace officer to request emergency medical services
Status: in_force

When a peace officer, as defined in ORS 161.015 (General definitions) , encounters a restrained person suffering a respiratory or cardiac compromise, the officer shall request emergency medical services immediately if:

(1) It is tactically feasible to request emergency medical services; and

(2) The officer has access to communications. [2021 c.294 §2]

Note: 133.518 (Duty of peace officer to request emergency medical services) 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 133.518 — Duty of peace officer to request emergency medical services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.532 — OR Code / Title 14 / Chapter 137 / Section 137.532
137.532 Probation without entering plea
Status: in_force

(1) Intentionally left blank —Ed.

(a) Whenever a person is charged with a misdemeanor or a Class C felony, other than driving while under the influence of intoxicants, and has been formally accepted into a specialty court, the court, with the consent of the district attorney and the person, may defer further proceedings and place the person on probation. The terms of the probation shall be defined by a probation agreement.

(b) A probation agreement carries the understanding that if the defendant fulfills the terms of the agreement, the criminal charges filed against the defendant will be dismissed with prejudice.

(c) The agreement must contain a waiver of the following rights of the defendant with respect to each criminal charge:

(A) The right to a speedy trial and trial by jury;

(B) The right to present evidence on the defendant’s behalf;

(C) The right to confront and cross-examine witnesses against the defendant;

(D) The right to contest evidence presented against the defendant, including the right to object to hearsay evidence; and

(E) The right to appeal from a judgment of conviction resulting from an adjudication of guilt entered under subsection (2) of this section, unless the appeal is based on an allegation that the sentence exceeds the maximum allowed by law or constitutes cruel and unusual punishment.

(d) The agreement must include a requirement that the defendant pay any restitution owed to the victim as determined by the court, and any fees for court-appointed counsel ordered by the court under ORS 135.050 (Eligibility for court-appointed counsel) .

(e) The agreement may not contain a requirement that the defendant enter a plea of guilty or no contest on any charge in the accusatory instrument.

(f) Entering into a probation agreement does not constitute an admission of guilt and is not sufficient to warrant a finding or adjudication of guilt by a court.

(g) Police reports or other documents associated with the criminal charges in a court file other than the probation agreement may not be admitted into evidence, and do not establish a factual basis for finding the defendant guilty, unless the court resumes criminal proceedings and enters an adjudication of guilt under subsection (2) of this section.

(2) Upon violation of a term or condition of the probation agreement, the court may resume the criminal proceedings and may find the defendant guilty of the offenses in the accusatory instrument in accordance with the waiver of rights in the probation agreement. The defendant may not contest the sufficiency of the evidence establishing the defendant’s guilt of the offenses in the accusatory instrument.

(3) Upon fulfillment of the terms and conditions of the probation agreement, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section with respect to any person.

(4) In the event that the period of probation under this section expires, but the terms and conditions of the probation agreement have not been fulfilled and no probation violation proceeding was initiated prior to the expiration of the period of probation, the court may not discharge the person and dismiss the proceedings against the person. The court shall instead issue an order requiring the person to appear and to show cause why the court should not enter an adjudication of guilt as described in subsection (2) of this section due to the failure of the person to fulfill the terms and conditions of the probation agreement prior to expiration of the period of probation. At the hearing on the order to show cause, after considering any evidence or argument from the district attorney and the person, the court may:

(a) Order a new period of probation to allow the person to fulfill the terms and conditions of the probation agreement; or

(b) Enter an adjudication of guilt as described in subsection (2) of this section.

(5) Nothing in this section is intended to restrict a person’s participation in a specialty court or conditional discharge under ORS 475.245 (Conditional discharge) .

(6) As used in this section, “specialty court” has the meaning given that term in ORS 137.680 (Development of specialty court standards) . [2021 c.330 §1]

Note: 137.532 (Probation without entering plea) 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 137.532 — Probation without entering plea; waiver of rights; effect of violating probation agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.787 — OR Code / Title 14 / Chapter 135 / Section 135.787
135.787 Administrator of agreement
Status: in_force

The Governor may appoint an administrator who shall perform the duties and functions and exercise the powers conferred upon such person by Article VII of the Agreement on Detainers. [Formerly 134.655]

Source: Section 135.787 — Administrator of agreement; appointment; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.733 — OR Code / Title 14 / Chapter 135 / Section 135.733
135.733 Defamation
Status: in_force

An accusatory instrument for criminal defamation need not set forth any extrinsic facts for the purpose of showing the application to the party defamed of the defamatory matter on which the accusatory instrument is founded; but it is sufficient to state generally that the same was published concerning the party; and the fact that it was so published must be established on the trial. [Formerly 132.670]

Source: Section 135.733 — Defamation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.827 — OR Code / Title 14 / Chapter 133 / Section 133.827
133.827 Warrant to agent to return fugitive from this state
Status: in_force

Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of security release, probation or parole in this state from the chief executive of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, the Governor shall issue a warrant under the seal of this state to some agent or agents, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed. [Formerly 147.220; 1999 c.1051 §248]

Source: Section 133.827 — Warrant to agent to return fugitive from this state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.650 — OR Code / Title 14 / Chapter 135 / Section 135.650
135.650 Hearing of objections specified by demurrer
Status: in_force

Upon the filing of the demurrer, the objections presented thereby shall be heard either immediately or at such time as the court may direct.

Source: Section 135.650 — Hearing of objections specified by demurrer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.167 — OR Code / Title 14 / Chapter 137 / Section 137.167
137.167 Imprisonment when county jail is not suitable for safe confinement
Status: in_force

Whenever it appears to the court that there is no sufficient jail of the proper county, as provided in ORS 137.330 (Where judgment of imprisonment in county jail is executed) , suitable for the confinement of the defendant, the court may order the confinement of the defendant in the jail of an adjoining county or, if there is no sufficient and suitable jail in the adjoining county, then in the jail of any county in the state. [Formerly 137.140]

Source: Section 137.167 — Imprisonment when county jail is not suitable for safe confinement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.522 — OR Code / Title 14 / Chapter 144 / Section 144.522
144.522 Revolving fund
Status: in_force

(1) The Department of Corrections may request in writing the Oregon Department of Administrative Services to, and when so requested the Oregon Department of Administrative Services shall, draw a warrant on the amount available under section 6 or 7, chapter 678, Oregon Laws 1969, in favor of the department for use by the department as a revolving fund. The warrant or warrants drawn to establish or increase the revolving fund, rather than to reimburse it, shall not exceed the aggregate sum of $20,000. The revolving fund shall be deposited with the State Treasurer to be held in a special account against which the department may draw checks.

(2) The revolving fund may be used by the department for the purpose of making loans to any adult in custody enrolled in the work release program under ORS 144.410 (Definitions for ORS 144.410 to 144.525) to 144.525 (Custody of enrollee earnings deducted or otherwise retained by department) , at a rate of interest prescribed by the department, to pay costs of necessary clothing, tools, transportation and other items from the time of initial enrollment to the time the adult in custody receives sufficient income to repay the loan. A loan from the revolving fund shall be made only when other resources available to the enrollee to pay the costs described in this subsection are inadequate.

(3) The Department of Corrections shall enforce repayment of loans under this section by any lawful means. However, the Director of the Department of Corrections may proceed under ORS 293.235 (“State agency” defined for ORS 293.240 and 293.245) to 293.245 (Subsequent collection of debt written off under ORS 293.240) to write off uncollectible debts arising out of such loans.

(4) All repayments of loans from the revolving fund shall be credited to the fund. Interest earnings realized upon any loan from the revolving fund shall be credited to the fund. [1969 c.597 §122d and 1969 c.678 §5; 1975 c.411 §1; 1987 c.320 §76; 2019 c.213 §37]

Source: Section 144.522 — Revolving fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 138.650 — OR Code / Title 14 / Chapter 138 / Section 138.650
138.650 Appeal
Status: in_force

(1) Either the petitioner or the defendant may appeal to the Court of Appeals within 30 days after the entry of a judgment on a petition pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) . The manner of taking the appeal and the scope of review by the Court of Appeals and the Supreme Court shall be the same as that provided by law for appeals in criminal actions, except that:

(a) The trial court may provide that the transcript contain only such evidence as may be material to the decision of the appeal; and

(b) With respect to ORS 138.081 (Service and filing of notice of appeal) (1), if petitioner appeals, petitioner shall cause the notice of appeal to be served on the attorney for defendant, and, if defendant appeals, defendant shall cause the notice of appeal to be served on the attorney for petitioner or, if petitioner has no attorney of record, on petitioner.

(2) Intentionally left blank —Ed.

(a) Upon motion of the petitioner, the Court of Appeals shall grant the petitioner leave to file a notice of appeal after the time limit described in subsection (1) of this section if:

(A) The petitioner, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the petitioner personally; and

(B) The petitioner shows a colorable claim of error in the proceeding from which the appeal is taken.

(b) The request for leave to file a notice of appeal after the time limit described in subsection (1) of this section shall be filed no later than 90 days after entry of the judgment from which the petitioner seeks to appeal and shall be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail. The date of filing shall be the date of mailing if the request is mailed as provided in ORS 19.260 (Filing by mail or delivery) .

(c) The Court of Appeals may not grant relief under this subsection unless the defendant has received notice of and an opportunity to respond to the petitioner’s request for relief.

(3) A party cross-appealing shall serve and file the notice of cross-appeal:

(a) Within 10 days of the expiration of the time allowed in subsection (1) of this section; or

(b) If the petitioner’s notice of appeal is filed pursuant to subsection (2) of this section, within 10 days of the expiration of the time allowed in subsection (2) of this section.

(4) An appeal under this section taken by the defendant stays the effect of the judgment. If the petitioner is incarcerated, the trial court may stay the petitioner’s sentence pending the defendant’s appeal and order conditional release or security release, in accordance with ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) , only if:

(a) The post-conviction court’s judgment vacates the judgment of conviction or reduces the sentence or sentences imposed upon conviction;

(b) The petitioner has completed any other sentence of incarceration to which the petitioner is subject; and

(c) The petitioner otherwise would be entitled to immediate release from incarceration under the court’s judgment.

(5) In an appeal under this section or to the United States Supreme Court, the Attorney General shall represent the defendant. [1959 c.636 §18; 1963 c.557 §1; 1969 c.198 §72; 1971 c.565 §26; 1987 c.852 §3; 2003 c.576 §246; 2007 c.193 §1; 2019 c.399 §4]

Source: Section 138.650 — Appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 135.270 — OR Code / Title 14 / Chapter 135 / Section 135.270
135.270 Taking of security
Status: in_force

(1) When a security amount has been set by a magistrate for a particular offense or for a defendant’s release, any person designated by the magistrate may take the security and release the defendant to appear in accordance with the conditions of the release agreement. The person designated by the magistrate shall give a receipt to the defendant for the security so taken and within a reasonable time deposit the security with the clerk of the court having jurisdiction of the offense.

(2) If a magistrate has designated a person to take security and release defendants under subsection (1) of this section, the clerk of the court shall continue to accept the security release deposits described in ORS 135.265 (Security release) during the normal business hours of the court. [1973 c.836 §154; 2015 c.493 §3]

Source: Section 135.270 — Taking of security , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 151.010 — OR Code / Title 14 / Chapter 151 / Section 151.010
151.010 Public defender services by county
Status: in_force

(1) The governing body of a county, on behalf of the county, may contract with an attorney, group of attorneys or full-time not-for-profit public defender organization for the provision by the attorney, group of attorneys or organization of services as counsel for financially eligible persons in proceedings in which a court or magistrate has the power to appoint counsel to represent a financially eligible person and the county is required to pay compensation for that representation.

(2) A court or magistrate may appoint an attorney who is, or an attorney member of a public defender organization that is, under a contract with a county as provided in this section to represent a financially eligible person in any proceeding in which the court or magistrate has the power to appoint counsel to represent a financially eligible person and the county is required to pay compensation for that representation. [1971 c.432 §1; 1973 c.836 §311; 1985 c.502 §11; 2001 c.962 §32]

Source: Section 151.010 — Public defender services by county , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 137.673 — OR Code / Title 14 / Chapter 137 / Section 137.673
137.673 Validity of rules
Status: in_force

Rules adopted by the Oregon Criminal Justice Commission shall not be declared invalid solely because of irregularities in procedural rulemaking, including but not limited to the provisions of ORS 183.335 (Notice) or 183.400 (Judicial determination of validity of rule) (4)(c). [1989 c.790 §73; 1995 c.420 §9; 2001 c.220 §2; 2005 c.382 §3]

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

Source: Section 137.673 — Validity of rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 146.740 — OR Code / Title 14 / Chapter 146 / Section 146.740
146.740 Reports of medical examiner
Status: in_force

Whenever the medical examiner concludes that a crime may have been committed by any person in causing the injury, the medical examiner shall report the conclusion to the district attorney. [1963 c.621 §§5,6; 1965 c.221 §19; 1967 c.545 §§4,5; 1971 c.401 §8; 1971 c.451 §11; 1973 c.408 §27]

Source: Section 146.740 — Reports of medical examiner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 131.675 — OR Code / Title 14 / Chapter 131 / Section 131.675
131.675 Dispersal of unlawful assemblages
Status: in_force

When any five or more persons are unlawfully assembled in any county, city, town or village, the sheriff of the county and the deputies of the sheriff, the mayor of the city, town or village, or chief executive officer or officers thereof, may go among the persons assembled, or as near to them as they can with safety, and command them in the name of the State of Oregon to disperse. If, so commanded, they do not immediately disperse, the officer may arrest them or cause them to be arrested for any unlawful activity constituting an offense. [Formerly 145.020; 1987 c.526 §1; 2021 c.250 §1]

Source: Section 131.675 — Dispersal of unlawful assemblages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.250 — OR Code / Title 14 / Chapter 135 / Section 135.250
135.250 General conditions of release agreement
Status: in_force

(1) If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will:

(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered;

(b) Submit to the orders and process of the court;

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

(d) Comply with such other conditions as the court may impose.

(2) Intentionally left blank —Ed.

(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence.

(b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if:

(A) The victim petitions the court for a waiver; and

(B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community.

(c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant’s ability to possess firearms and ammunition or engage in activities involving firearms.

(d) ORS 107.720 (Enforcement of restraining orders) applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing. [1973 c.836 §150; 1991 c.111 §10; 1993 c.731 §6; 1999 c.617 §3; 2013 c.151 §2]

Source: Section 135.250 — General conditions of release agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.735 — OR Code / Title 14 / Chapter 131 / Section 131.735
131.735 Review of exclusion order
Status: in_force

Any person ordered removed or excluded from any public property under ORS 131.715 (Proclamation of emergency period by Governor) and 131.725 (Exclusion from public property) shall have immediate access to the circuit court for the county in which the property is located for review of the order of exclusion or removal. Such access shall be in the form of a writ of review and shall be given priority over all other cases on the docket of the circuit court. [Formerly 145.640]

Source: Section 131.735 — Review of exclusion order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.605 — OR Code / Title 14 / Chapter 131 / Section 131.605
131.605 Definitions for ORS 131.605 to 131.625
Status: in_force

As used in ORS 131.605 (Definitions for ORS 131.605 to 131.625) to 131.625 (Frisk of stopped persons) , unless the context requires otherwise:

(1) “Crime” has the meaning provided for that term in ORS 161.515 (“Crime” described) .

(2) “Dangerous weapon,” “deadly weapon” and “person” have the meanings given those terms in ORS 161.015 (General definitions) .

(3) “Frisk” is an external patting of a person’s outer clothing.

(4) “Is about to commit” means unusual conduct that leads a peace officer reasonably to conclude in light of the officer’s training and experience that criminal activity may be afoot.

(5) “Peace officer” has the meaning given that term in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) .

(6) “Reasonably suspects” means that a peace officer holds a belief that is reasonable under the totality of the circumstances existing at the time and place the peace officer acts as authorized in ORS 131.605 (Definitions for ORS 131.605 to 131.625) to 131.625 (Frisk of stopped persons) .

(7) A “stop” is a temporary restraint of a person’s liberty by a peace officer lawfully present in any place. [1973 c.836 §30; 1997 c.866 §2; 2011 c.506 §6; 2011 c.644 §12]

Source: Section 131.605 — Definitions for ORS 131.605 to 131.625 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.567 — OR Code / Title 14 / Chapter 131 / Section 131.567
131.567 Recorded notice of intent to forfeit real property
Status: in_force

(1) Whenever a seizing agency intends to forfeit any real property under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) , the seizing agency may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises or real property lies a notice of intent to forfeit real property under ORS 205.246 (Instruments to be recorded) . The notice must contain the legal description of the real property, the common address of the property, if any, and the name of the forfeiture counsel. From the time of recording the notice, and from that time only, the intent to forfeit is notice to purchasers and holders of encumbrances of the rights and equities in the premises of the party filing the notice. The notice must be recorded in the same book and in the same manner in which mortgages are recorded and may be discharged in like manner as mortgages are discharged, either by such party or the attorney signing the notice.

(2) Unless otherwise prescribed by law, a seizing agency recording a notice of intent to forfeit shall use substantially the following form:

Pursuant to ORS 131.567 (Recorded notice of intent to forfeit real property) , the undersigned states:

That I, _______________ do declare that it is my intent to initiate criminal forfeiture proceedings on the following described real property:

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

________________________

________________________

________________________

________________________

________________________

2. The common address of the property, if any, is:

________________________

________________________

________________________

Dated this ___ day of ________, ___.

This notice of intent to file forfeiture will expire on the ___ day of ________, ___, absent future filings.

Name of agency seeking forfeiture

________________________

Name of Forfeiture Counsel

________________________

Address

________________________

________________________

________________________

Telephone Number

________________________

State of Oregon )

) ss.

County of _____ )

The foregoing instrument was acknowledged before me this ___ day of ________, ___.

_______________

Notary Public for Oregon

My commission expires ________.

(3) The notice of intent to forfeit property expires 30 days after the date of filing absent future filings to perfect. [2005 c.830 §7]

Source: Section 131.567 — Recorded notice of intent to forfeit real property; form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.096 — OR Code / Title 14 / Chapter 144 / Section 144.096
144.096 Release plan
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the proposed release plan to the State Board of Parole and Post-Prison Supervision prior to the release.

(b) If the proposed release plan is not approved by the board, the board shall return the plan to the department with its recommended modifications. The department shall submit a revised plan to the board prior to the release.

(c) If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the release.

(d) The department, in consultation with the board, shall by rule establish deadlines by which a proposed release plan described in paragraph (a) of this subsection and a revised plan described in paragraph (b) of this subsection must be submitted to the board prior to release.

(e) If an adult in custody was sentenced under section 29, chapter 649, Oregon Laws 2013, and the release plan recommends that the adult in custody participate in a reentry court, the board shall provide a copy of the release plan to the reentry court.

(2) The local supervisory authority that is responsible for correctional services for an adult in custody shall prepare a proposed release plan for the adult in custody prior to the release from jail. The local supervisory authority shall approve the release plan under its rules. If the adult in custody was sentenced under section 29, chapter 649, Oregon Laws 2013, and the supervisory authority recommends that the adult in custody participate in a reentry court, the supervisory authority shall provide a copy of the release plan to the reentry court.

(3) A release plan prepared under subsection (1) or (2) of this section must include:

(a) A description of support services and program opportunities available to the adult in custody, including any transitional housing or treatment programs to which the adult in custody has been accepted;

(b) The recommended conditions of post-prison supervision;

(c) The level of supervision that shall be consistent with the risk assessment classification of the adult in custody;

(d) Any other conditions and requirements as may be necessary to promote public safety;

(e) For all adults in custody whose sentence to make restitution under ORS 137.106 (Restitution to victims) has been suspended for the term of imprisonment, a restitution payment schedule; and

(f) Any conditions necessary to assist the reformation of the adult in custody. [1989 c.790 §32; 1997 c.525 §6; 2013 c.649 §30; 2017 c.40 §1; 2017 c.438 §1; 2019 c.213 §26]

Note: The amendments to 144.096 (Release plan) by section 35, chapter 649, Oregon Laws 2013, become operative July 1, 2033. See section 38, chapter 649, Oregon Laws 2013, as amended by section 25, chapter 78, Oregon Laws 2022, and section 6, chapter 572, Oregon Laws 2023. The text that is operative on and after July 1, 2033, including amendments by section 2, chapter 40, Oregon Laws 2017, section 2, chapter 438, Oregon Laws 2017, and section 27, chapter 213, Oregon Laws 2019, is set forth for the user’s convenience.

144.096 (Release plan) . (1)(a) The Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the proposed release plan to the State Board of Parole and Post-Prison Supervision prior to the release.

(b) If the proposed release plan is not approved by the board, the board shall return the plan to the department with its recommended modifications. The department shall submit a revised plan to the board prior to the release.

(c) If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the release.

(d) The department, in consultation with the board, shall by rule establish deadlines by which a proposed release plan described in paragraph (a) of this subsection and a revised plan described in paragraph (b) of this subsection must be submitted to the board prior to release.

(2) The local supervisory authority that is responsible for correctional services for an adult in custody shall prepare a proposed release plan for the adult in custody prior to the release from jail. The local supervisory authority shall approve the release plan under its rules.

(3) A release plan prepared under subsection (1) or (2) of this section must include:

(a) A description of support services and program opportunities available to the adult in custody, including any transitional housing or treatment programs to which the adult in custody has been accepted;

(b) The recommended conditions of post-prison supervision;

(c) The level of supervision that shall be consistent with the risk assessment classification of the adult in custody;

(d) Any other conditions and requirements as may be necessary to promote public safety;

(e) For all adults in custody whose sentence to make restitution under ORS 137.106 (Restitution to victims) has been suspended for the term of imprisonment, a restitution payment schedule; and

(f) Any conditions necessary to assist the reformation of the adult in custody.

Note: Section 31, chapter 790, Oregon Laws 1989, provides:

Sec. 31. Sections 32 to 36 of this 1989 Act [ 144.096 (Release plan) , 144.098 (Review of release plan) , 144.102 (Conditions of post-prison supervision) , 144.104 (Supervisory authority) , 144.106 (Violation of post-prison supervision conditions) and 144.108 (Recommitment to prison for certain violations) ] apply only to defendants convicted of a felony committed on or after November 1, 1989. [1989 c.790 §31]

Source: Section 144.096 — Release plan; contents; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 138.480 — OR Code / Title 14 / Chapter 138 / Section 138.480
138.480 Oregon Public Defense Commission to provide representation for prisoner in proceeding before appellate court
Status: in_force

The Supreme Court or the Court of Appeals may, in its discretion, at the request of an individual who is deprived of liberty by a judgment, is without means to retain an attorney and is without the aid of an attorney, direct the Oregon Public Defense Commission to provide representation for the individual in a proceeding before it to test the validity of that judgment. [1963 c.600 §10; 1969 c.198 §69; 2001 c.962 §28; 2023 c.281 §29]

Source: Section 138.480 — Oregon Public Defense Commission to provide representation for prisoner in proceeding before appellate court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.773 — OR Code / Title 14 / Chapter 133 / Section 133.773
133.773 Governor’s warrant of arrest
Status: in_force

If the Governor shall decide that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner or other person whom the Governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue. [Formerly 147.070]

Source: Section 133.773 — Governor’s warrant of arrest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.990 — OR Code / Title 14 / Chapter 135 / Section 135.990
135.990 Penalties
Status: in_force

Violation of ORS 135.155 (Retention of record and statements by magistrate) is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant. [Formerly 133.990]

Source: Section 135.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.285 — OR Code / Title 14 / Chapter 144 / Section 144.285
144.285 Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the State Board of Parole and Post-Prison Supervision denies a petition for a change in the terms of confinement filed by a prisoner convicted of aggravated murder or murder, the board may not grant the prisoner a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied.

(b) The board may not grant the prisoner a hearing that is more than two years from the date a petition is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted a change in the terms of confinement before the date of the subsequent hearing.

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

(2) If the board grants the prisoner a hearing that is more than two years from the date a petition is denied, the prisoner may submit a request for an interim hearing not earlier than the date that is two years from the date the petition is denied and at intervals of not less than two years thereafter. If the board finds, based upon a request for an interim hearing, that there is reasonable cause to believe that the prisoner may be granted a change in the terms of confinement, the board shall conduct a hearing as soon as is reasonably convenient.

(3) When the board grants a prisoner a hearing that is more than two years from the date a petition is denied and when the board denies a petition for an interim hearing, the board shall issue a final order. The order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order. Unless the prisoner bears the burden of persuasion, the order shall include findings necessary to deny the prisoner a change in the terms of confinement for any period of time when the prisoner would be presumed to be eligible for a change in the terms of confinement. [2009 c.660 §1]

Note: See note under 144.280 (Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989) .

Source: Section 144.285 — Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.515 — OR Code / Title 14 / Chapter 144 / Section 144.515
144.515 Release terminates enrollment
Status: in_force

A person’s enrollment in the work release program terminates upon the release of the person from confinement pursuant to law. To the extent possible, the Department of Corrections shall cooperate with employers in making possible the continued employment of persons released. [1965 c.463 §18; 1973 c.836 §309; 1987 c.320 §75]

Source: Section 144.515 — Release terminates enrollment; continued employment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 147.610 — OR Code / Title 14 / Chapter 147 / Section 147.610
147.610 Confidentiality of restorative justice communications
Status: in_force

(1) Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and:

(a) May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who provide support to the restorative justice program, for any purpose unrelated to the program.

(b) Are not admissible as evidence in any administrative or judicial proceeding.

(2) A restorative justice communication is not confidential if:

(a) A restorative justice program staff member or facilitator reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or substantial bodily injury to a specific person; or

(b) The parties who are participants of a facilitated dialogue under a restorative justice program provide written consent that all or part of the communication may be disclosed.

(3) Any communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 (Duty of officials to report child abuse) is not confidential to the extent that the person is required to report child abuse under ORS 419B.010 (Duty of officials to report child abuse) .

(4) Any communication relating to elder abuse under the provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) is not confidential to the extent that a person is required to report elder abuse under the provisions of ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse) . [2023 c.95 §3]

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

Source: Section 147.610 — Confidentiality of restorative justice communications; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.367 — OR Code / Title 14 / Chapter 147 / Section 147.367
147.367 Services to victims of acts of mass destruction
Status: in_force

(1) The Department of Justice may initiate and participate in planning, training and organizational efforts intended to prepare to deliver services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property.

(2) The department may assist in delivering services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property. [2003 c.770 §11]

Source: Section 147.367 — Services to victims of acts of mass destruction; Department of Justice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.385 — OR Code / Title 14 / Chapter 131 / Section 131.385
131.385 When change of venue is complete
Status: in_force

The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 §22; 2017 c.252 §14]

Source: Section 131.385 — When change of venue is complete , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 132.510 — OR Code / Title 14 / Chapter 132 / Section 132.510
132.510 Forms of pleadings
Status: in_force

The forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by the statutes relating to criminal procedure. [Amended by 1973 c.836 §56]

Source: Section 132.510 — Forms of pleadings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 136.505 — OR Code / Title 14 / Chapter 136 / Section 136.505
136.505 Effect of allowance of motion
Status: in_force

The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which the defendant was before indictment was found. [Formerly 136.820]

Source: Section 136.505 — Effect of allowance of motion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.698 — OR Code / Title 14 / Chapter 138 / Section 138.698
138.698 Effect of setting aside conviction on plea agreement
Status: in_force

When a conviction has been set aside as the result of evidence obtained through DNA testing conducted under ORS 138.692 (Motion for DNA testing) , the prosecution of any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside may be commenced within the later of:

(1) The period of limitation established for the offense under ORS 131.125 (Time limitations) to 131.155 (Tolling of statute) ; or

(2) Notwithstanding ORS 131.125 (Time limitations) and 131.155 (Tolling of statute) , two years after the date the conviction was set aside. [2005 c.759 §3; 2019 c.368 §10]

Note: See note under 138.688 (Definitions) .

Source: Section 138.698 — Effect of setting aside conviction on plea agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.318 — OR Code / Title 14 / Chapter 133 / Section 133.318
133.318 Providing false foreign restraining order
Status: in_force

(1) Any person who provides to a peace officer a copy of a writing purporting to be a foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) knowing that no valid foreign restraining order is in effect shall be guilty of a Class A misdemeanor.

(2) Any person who represents to a peace officer that a foreign restraining order is the most recent order in effect between the parties or that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order knowing that the representation is false commits a Class A misdemeanor. [1991 c.222 §4; 1999 c.250 §4; 2011 c.506 §11; 2011 c.644 §15]

Source: Section 133.318 — Providing false foreign restraining order; false representation to peace officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.690 — OR Code / Title 14 / Chapter 135 / Section 135.690
135.690 Resubmission of case
Status: in_force

If the court allows the case to be resubmitted, the same proceedings shall be had thereon as are prescribed in ORS 135.540 (Effect of resubmission of case) . [Amended by 1973 c.836 §188]

Source: Section 135.690 — Resubmission of case , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 138.610 — OR Code / Title 14 / Chapter 138 / Section 138.610
138.610 Pleadings
Status: in_force

Within 30 days after the docketing of the petition, or within any further time the court may fix, the defendant shall respond by demurrer, answer or motion. No further pleadings shall be filed except as the court may order. The court may grant leave, at any time prior to entry of judgment, to withdraw the petition. The court may make appropriate orders as to the amendment of the petition or any other pleading, or as to the filing of further pleadings, or as to extending the time of the filing of any pleading other than the original petition. [1959 c.636 §11]

Source: Section 138.610 — Pleadings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.770 — OR Code / Title 14 / Chapter 136 / Section 136.770
136.770 Enhancement fact related to offense
Status: in_force

(1) When an enhancement fact relates to an offense charged in the accusatory instrument, the court shall submit the enhancement fact to the jury during the trial phase of the criminal proceeding unless the defendant:

(a) Defers trial of the enhancement fact under subsection (4) of this section; or

(b) Makes a written waiver of the right to a jury trial on the enhancement fact and:

(A) Admits to the enhancement fact; or

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

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

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

(4) If the court finds that trying an enhancement fact relating to the offense during the trial phase of the criminal proceeding would unfairly prejudice the jury’s verdict on an underlying offense, the court shall allow the defendant to defer trial of the enhancement fact to the sentencing phase of the proceeding without waiving the right to a jury trial on the enhancement fact.

(5) If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section. [2005 c.463 §3]

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

Source: Section 136.770 — Enhancement fact related to offense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 151.505 — OR Code / Title 14 / Chapter 151 / Section 151.505
151.505 Authority of court to order repayment of costs related to provision of appointed counsel
Status: repealed

(1) At the conclusion of a case or matter in which the first accusatory instrument or petition in the trial court was filed after January 1, 1998, and in which the court appointed counsel to represent a person, a trial, appellate or post-conviction court may include in its judgment a money award requiring that the person repay in full or in part the administrative costs of determining the eligibility of the person for appointed counsel, and the costs of the legal and other services that are related to the provision of appointed counsel, that have not previously been required to be paid under a limited judgment entered under ORS 151.487 (Ability to pay) . An award under this section is a monetary obligation payable to the state.

(2) Costs that may be included in a money award under this section include a reasonable attorney fee for counsel appointed to represent the person and a reasonable amount for expenses authorized under ORS 135.055 (Compensation and expenses of appointed counsel) . A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the Oregon Public Defense Commission under ORS 151.216 (Commission duties) . For purposes of this subsection, compensation of counsel is determined by reference to a schedule of compensation established by the commission.

(3) The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.

(4) Intentionally left blank —Ed.

(a) A person who has been required to pay costs under this section and who is not in contumacious default in the payment of the costs may at any time petition the court for remission of the payment of costs or any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person ordered to repay or on the immediate family of the person, or will interfere with the ability of the person to complete an alcohol or drug treatment program, the court may enter a supplemental judgment that remits all or part of the amount due or modifies the method of payment.

(b) In accordance with ORS 144.089 (Community service exchange programs) , a person may enter into a written agreement to participate in a community service exchange program as an alternative to paying costs imposed under this section.

(5) All moneys collected or paid under a money award made pursuant to this section shall be paid into the Criminal Fine Account. If the money award is part of a criminal judgment of conviction, the award is a Type 2, Level II obligation for the purpose of ORS 137.145 (Definitions for ORS 137.145 to 137.159) to 137.159 (Level V obligations in circuit court judgments) . [1997 c.761 §2; 2001 c.962 §39; 2003 c.334 §§1,2; 2003 c.449 §§18,19; 2011 c.597 §43; 2015 c.186 §2; 2017 c.522 §2; 2023 c.281 §39]

Note: 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 103, 104, 107 and 108, chapter 281, Oregon Laws 2023, provide:

Sec. 103. The Legislative Assembly finds that:

(1) Oregonians accused of a crime are entitled, under the Sixth and Fourteenth Amendments of the United States Constitution, and Article I, section 11, of the Oregon Constitution, to have an attorney provided at government expense whenever the person is facing the potential loss of liberty and is unable to afford an attorney.

(2) The current unrepresented defendant crisis represents a threat to the constitutional rights of Oregonians and must be resolved. [2023 c.281 §103]

Sec. 104. (1)(a) The presiding judge of each judicial district shall immediately develop and implement a coordinated public safety unrepresented defendant crisis plan, and submit the plan to the Oregon Criminal Justice Commission, as soon as practicable and no later than September 1, 2023.

(b) The plan described in this subsection must first prioritize the resolution of the cases of unrepresented defendants who are in custody, and then the cases of unrepresented defendants who are out of custody.

(2) The presiding judge of a judicial district with a total population of over 100,000 shall immediately convene a crisis team to assist in the development of the plan and to coordinate the implementation of the plan described in subsection (1) of this section. The team shall be composed of at least the following persons:

(a) The presiding judge of the judicial district;

(b) District attorneys within the judicial district; and

(c) The public defense services executive director, or the director’s designee.

(3) The Chief Justice of the Supreme Court may issue orders related to resolving the unrepresented defendant crisis.

(4) The presiding judge of a judicial district may enter standing orders related to resolving the unrepresented defendant crisis that are consistent with the orders of the Chief Justice described in subsection (3) of this section and the plan of the judicial district described in subsection (1) of this section. [2023 c.281 §104]

Sec. 107. All agencies of state government, as defined in ORS 174.111 (“State government” defined) , are directed to assist the presiding judges of judicial districts, the Public Defense Services Commission and the Oregon Criminal Justice Commission in the performance of their duties under sections 104 to 106 of this 2023 Act and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice to the judges and commissions necessary to perform their duties. [2023 c.281 §107]

Sec. 108. Sections 103 to 107 of this 2023 Act are repealed on June 30, 2025. [2023 c.281 §108]

Source: Section 151.505 — Authority of court to order repayment of costs related to provision of appointed counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 144.315 — OR Code / Title 14 / Chapter 144 / Section 144.315
144.315 Evidence admissible before board
Status: in_force

Evidence may be received in proceedings conducted by the State Board of Parole and Post-Prison Supervision even though inadmissible under rules of evidence applicable to court procedure and the board shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and method of taking and furnishing the same in order to afford the adult in custody a reasonable opportunity for a fair hearing. The procedures shall include the means of determining good cause not to allow confrontation of witnesses or disclosure of the identity of informants who would be subject to risk of harm if their identity is disclosed. [1973 c.694 §22; 2019 c.213 §32]

Source: Section 144.315 — Evidence admissible before board; procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.875 — OR Code / Title 14 / Chapter 133 / Section 133.875
133.875 Removal of booking photo from publication or website
Status: in_force

(1) Except as provided in subsection (2) of this section:

(a) A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within 30 calendar days of the date of the request.

(b) A publish-for-pay publication may not condition the removal or destruction of a booking photo on the payment of a fee of more than $50.

(c) If the publish-for-pay publication does not remove and destroy a booking photo as required by this subsection, the publish-for-pay publication is liable for:

(A) All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and

(B) Statutory damages of $500 per day for each day after the 30-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.

(2) Intentionally left blank —Ed.

(a) A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within seven calendar days of the date of the request if:

(A) The booking photo relates to a criminal charge for which the person was acquitted or not prosecuted, or to a criminal charge resulting a criminal conviction that has been set aside, vacated or pardoned; and

(B) The person submits to the publish-for-pay publication documentation of a disposition described in subparagraph (A) of this paragraph.

(b) A publish-for-pay publication may not condition the removal or destruction of a booking photo described in this subsection on the payment of any fee or other consideration.

(c) If the publish-for-pay publication that receives a request described in paragraph (a) of this subsection does not remove and destroy the booking photo as required by this subsection, the publish-for-pay publication is liable for:

(A) All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and

(B) Statutory damages of $1,000 per day for each day after the seven-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.

(d) An act by a publish-for-pay publication seeking to condition removal or destruction of a booking photo described in this subsection on the payment of any fee may be prosecuted as theft by deception under ORS 164.085 (Theft by deception) .

(3) As used in this section:

(a) “Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody.

(b) “Publish-for-pay publication” means a publication or website that requires the payment of a fee or other consideration in order to remove or delete a booking photo from the publication or website. [2021 c.374 §2]

Note: See note under 133.870 (Release of booking photo by law enforcement agency) .

Source: Section 133.875 — Removal of booking photo from publication or website; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.686 — OR Code / Title 14 / Chapter 138 / Section 138.686
138.686 Automatic stay of sentence of death for federal appeal and state post-conviction relief
Status: in_force

(1) The execution of a sentence of death is automatically stayed for 90 days following the effective date of an appellate judgment affirming the sentence of death on automatic and direct review.

(2) If the defendant files a petition for certiorari seeking United States Supreme Court review of the sentence of death within 90 days after the effective date of the appellate judgment or within such other time as allowed by the United States Supreme Court, execution of the sentence of death is automatically stayed until the United States Supreme Court denies the petition or grants the petition and resolves the merits.

(3) Upon final resolution of a petition for certiorari to the United States Supreme Court, execution of the sentence of death is automatically stayed for 30 days after the date the petition is resolved to allow the defendant to file a notice in the circuit court of the county in which the defendant is imprisoned attesting to the defendant’s intent to file a petition for post-conviction relief. If the defendant files a first petition for post-conviction relief within 90 days after the notice provided for in this subsection, the execution of the sentence of death is stayed until the post-conviction petition is finally resolved. If a first petition for post-conviction relief is not filed within 90 days after the notice provided for in this subsection, the defendant may apply to the circuit court in which the notice was filed to extend the stay. The circuit court shall extend the stay for a reasonable time upon the defendant’s showing that progress is being made in the preparation of the petition and that it will be filed within a reasonable time.

(4) If the defendant does not file a petition for certiorari seeking United States Supreme Court review of the sentence of death but does file a first petition for post-conviction relief within 90 days after the date upon which the appellate judgment becomes effective, execution of the sentence of death is stayed until the petition for post-conviction relief is finally resolved. [1999 c.1055 §6]

Note: 138.686 (Automatic stay of sentence of death for federal appeal and state post-conviction relief) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

POST-CONVICTION MOTION FOR DNA TESTING

Source: Section 138.686 — Automatic stay of sentence of death for federal appeal and state post-conviction relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 138.640 — OR Code / Title 14 / Chapter 138 / Section 138.640
138.640 Judgment
Status: in_force

(1) After deciding the issues raised in the proceeding, the court shall enter a judgment denying the petition or granting the appropriate relief. The judgment may include orders as provided in ORS 138.520 (Relief which court may grant) . The judgment must clearly state the grounds on which the cause was determined, and whether a state or federal question was presented and decided.

(2) If the court grants the petitioner relief, the judgment is not enforceable in the petitioner’s favor until:

(a) The petitioner causes a certified copy of the judgment to be entered in the circuit court in which the petitioner’s conviction and sentence were rendered; and

(b) The petitioner serves a certified copy of the judgment on the district attorney of the county in which the petitioner’s conviction and sentence were rendered. [1959 c.636 §14; 2003 c.576 §245; 2007 c.193 §2]

Source: Section 138.640 — Judgment; enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.403 — OR Code / Title 14 / Chapter 133 / Section 133.403
133.403 Voluntariness of statement by juvenile during custodial interview
Status: in_force

(1) A statement made by a person during a custodial interview conducted by a peace officer is presumed to be involuntary if the person is under 18 years of age and the statement is made in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult would constitute a misdemeanor or a felony, and the court determines that the peace officer intentionally used information known by the officer to be false to elicit the statement. This presumption may be overcome if the state proves by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the peace officer to elicit the statement.

(2) As used in this section:

(a) “Custodial interview” has the meaning given that term in ORS 133.402 (Recording of custodial interviews of juveniles) .

(b) “Peace officer” has the meaning given that term in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) . [2021 c.487 §1]

Note: 133.403 (Voluntariness of statement by juvenile during custodial interview) 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 133.403 — Voluntariness of statement by juvenile during custodial interview , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.054 — OR Code / Title 14 / Chapter 153 / Section 153.054
153.054 Service and filing
Status: reserved

Except as provided in ORS 267.153 (Administrative process for adjudicating ordinance violations) , 810.439 (Citations based on photo radar) , 811.590 (Unlawful parking in winter recreation parking area) , 811.615 (Unlawful parking in space reserved for persons with disabilities) or 811.617 (Blocking parking space reserved for persons with disabilities) or other law, an enforcement officer issuing a violation citation shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court. [1999 c.1051 §16; 2017 c.427 §4]

Source: Section 153.054 — Service and filing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 131.553 — OR Code / Title 14 / Chapter 131 / Section 131.553
131.553 Legislative findings
Status: in_force

(1) The Legislative Assembly finds that:

(a) Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) ;

(b) Transactions involving property subject to criminal forfeiture under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) escape taxation;

(c) Perpetrators of crimes should not be allowed to keep the proceeds and instrumentalities of their crimes;

(d) Governments attempting to respond to prohibited conduct require additional resources to meet their needs; and

(e) There is a need to provide for the forfeiture of certain property subject to criminal forfeiture under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) , to provide for the protection of the rights and interests of affected persons and to provide for uniformity throughout this state with respect to the laws of this state that pertain to the criminal forfeiture of real and personal property based upon prohibited conduct.

(2) ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) do not impair the right of any city or county to enact ordinances providing for the criminal forfeiture of property based upon prohibited conduct if:

(a) The property was used to commit the conduct described in the ordinances, or constitutes proceeds of the conduct; and

(b) The criminal forfeiture is subject to procedures and limitations set forth in ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) .

(3) Nothing in ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) may be construed to limit or impair any right or remedy that any person or entity may have under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) . Criminal forfeiture is a remedy separate and apart from any other criminal penalty and from civil forfeiture or any other civil penalty. [2005 c.830 §2]

Source: Section 131.553 — Legislative findings; effect on local laws; remedy not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.955 — OR Code / Title 14 / Chapter 135 / Section 135.955
135.955 Notifying victims and person charged with crime of mediation opportunities
Status: in_force

(1) Law enforcement agencies, district attorneys and city attorneys may inform:

(a) The victim of a crime of:

(A) Any mediation opportunities that may be available to the victim in the victim’s community, within or as an alternative to the criminal justice system; and

(B) How to request mediation; and

(b) A person charged with a crime of:

(A) Any mediation opportunities that may be available to the person in the person’s community, within or as an alternative to the criminal justice system; and

(B) How to request mediation.

(2) No party to a dispute may be compelled to participate in mediation. [1995 c.323 §3]

Note: See note under 135.951 (Authorization) .

Source: Section 135.955 — Notifying victims and person charged with crime of mediation opportunities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 135.520 — OR Code / Title 14 / Chapter 135 / Section 135.520
135.520 Time of making motion
Status: in_force

A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within 10 days thereafter, unless for good cause the court allows additional time. If not so made, the defendant is precluded from afterwards taking the objections to the indictment or accusatory instrument. [Amended by 1973 c.836 §179]

Source: Section 135.520 — Time of making motion; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.355 — OR Code / Title 14 / Chapter 131 / Section 131.355
131.355 Change of venue for prejudice
Status: in_force

The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 §19]

Source: Section 131.355 — Change of venue for prejudice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.135 — OR Code / Title 14 / Chapter 147 / Section 147.135
147.135 Processing compensation application
Status: in_force

After processing the application filed under ORS 147.105 (Application for compensation) the Department of Justice shall enter an order stating:

(1) Its findings of fact; and

(2) Its decision as to whether or not compensation is due under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) . [1977 c.376 §14; 1999 c.129 §1; 2012 c.81 §11]

Source: Section 147.135 — Processing compensation application; order; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.395 — OR Code / Title 14 / Chapter 131 / Section 131.395
131.395 Expenses of change
Status: in_force

(1) The expenses of the change of place of trial under ORS 131.363 (Change of venue in other cases) shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.

(2) The expenses of a change of place of trial under ORS 131.355 (Change of venue for prejudice) shall not be taxed against the defendant. [1973 c.836 §23]

Source: Section 131.395 — Expenses of change; taxation as costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.107 — OR Code / Title 14 / Chapter 144 / Section 144.107
144.107 Sanctions for violations of conditions of post-prison supervision
Status: in_force

(1) The State Board of Parole and Post-Prison Supervision and the Department of Corrections, in consultation with local supervisory authorities, shall jointly adopt rules under this section to establish sanctions and procedures to impose sanctions for a violation of the conditions of post-prison supervision for a person serving a term of post-prison supervision subject to subsections (2) and (3) of this section.

(2) The rules adopted under subsection (1) of this section apply only to a person serving a term of post-prison supervision for a felony committed on or after July 14, 1997.

(3) In addition to the limitation under subsection (2) of this section, the rules adopted under subsection (1) of this section apply only to a person serving a term of post-prison supervision:

(a) That follows the completion of a sentence to a term of imprisonment that exceeds 12 months;

(b) That is imposed for a felony that is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;

(c) That is imposed as part of a sentence under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) ;

(d) That is imposed as part of a sentence as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) ; or

(e) That is subject to ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses) .

(4) The board shall adopt rules under subsection (1) of this section that include, but need not be limited to, a sanction under ORS 144.108 (Recommitment to prison for certain violations) of imprisonment in a correctional facility for a period that may exceed 12 months. The rules adopted by the board may not allow the imposition of more than 24 months of imprisonment as a sanction without a subsequent hearing to determine whether additional imprisonment is appropriate. A subsequent hearing must follow the same procedures as those used in an initial hearing under ORS 144.108 (Recommitment to prison for certain violations) .

(5) The rules adopted under subsection (1) of this section must provide that the total time served in Department of Corrections institutions by an offender who is sanctioned under the rules, including the time served on the initial sentence and all periods of incarceration served as sanctions in Department of Corrections institutions, may not exceed the greater of:

(a) The length of incarceration plus the length of post-prison supervision imposed by the court unless the offender was sentenced under ORS 137.765 (Sexually violent dangerous offenders) ;

(b) A maximum term of imprisonment imposed by the court; or

(c) If the offender was sentenced under ORS 137.765 (Sexually violent dangerous offenders) , the length of the maximum statutory indeterminate sentence for the crime of conviction.

(6) As used in this section, “Department of Corrections institutions” has the same meaning given that term in ORS 421.005 (Definitions) . [1997 c.525 §2; 1999 c.163 §6; 2006 c.1 §6]

Source: Section 144.107 — Sanctions for violations of conditions of post-prison supervision; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.695 — OR Code / Title 14 / Chapter 136 / Section 136.695
136.695 Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible
Status: in_force

No evidence secured in violation of ORS 136.675 (Conditions for use of testimony of persons subjected to hypnosis) or 136.685 (Required explanations by law enforcement personnel to hypnosis subject) shall be admissible in any criminal proceeding in this state. [1977 c.540 §3]

Source: Section 136.695 — Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 131.900 — OR Code / Title 14 / Chapter 131 / Section 131.900
131.900 Liability for medical expenses for person restrained, detained or taken into custody
Status: in_force

Except as otherwise provided by ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , federal civil rights law or written agreement, the state, a county, a city, a law enforcement agency or local correctional facility thereof is not liable for charges or expenses for any medical services provided to an individual who is the object of efforts by a law enforcement officer to restrain or detain or take into custody. [1991 c.778 §8; 1993 c.196 §2]

Source: Section 131.900 — Liability for medical expenses for person restrained, detained or taken into custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.310 — OR Code / Title 14 / Chapter 137 / Section 137.310
137.310 Authorizing execution of judgment
Status: in_force

(1) When a judgment has been pronounced, a certified copy of the entry thereof in the register shall be forthwith furnished by the clerk to the officer whose duty it is to execute the judgment; and no other warrant or authority is necessary to justify or require its execution.

(2) The defendant may be arrested and detained in any county in the state by any peace officer and held for the authorities from the county to which the execution is directed. Time spent by the defendant in such detention shall be credited toward the term specified in the judgment. [Amended by 1961 c.358 §1; 1967 c.372 §4; 1985 c.540 §37]

Source: Section 137.310 — Authorizing execution of judgment; detention of defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.690 — OR Code / Title 14 / Chapter 137 / Section 137.690
137.690 Major felony sex crime
Status: in_force

a. Any person who is convicted of a major felony sex crime, who has one (or more) previous conviction of a major felony sex crime, shall be imprisoned for a mandatory minimum term of 25 years.

b. “Major felony sex crime” means rape in the first degree ( ORS 163.375 (Rape in the first degree) ), sodomy in the first degree ( ORS 163.405 (Sodomy in the first degree) ), unlawful sexual penetration in the first degree ( ORS 163.411 (Unlawful sexual penetration in the first degree) ), or using a child in a display of sexually explicit conduct ( ORS 163.670 (Using child in display of sexually explicit conduct) ).

c. “Previous conviction” includes a conviction for the statutory counterpart of a major felony sex crime in any jurisdiction, and includes a conviction in the same sentencing proceeding if the conviction is for a separate criminal episode as defined in ORS 131.505 (Definitions for ORS 131.505 to 131.525) . [2011 c.1 §2]

Note: 137.690 (Major felony sex crime) was enacted into law but was not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.690 — Major felony sex crime , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.772 — OR Code / Title 14 / Chapter 153 / Section 153.772
153.772 Suspension of driving privileges for failure to appear
Status: in_force

When the court issues a notice under ORS 809.220 (Failure to appear) to suspend the driving privileges of a person for failure to appear on a citation for a violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) , the district attorney may not file an accusatory instrument charging the person with violating ORS 153.992 (Penalty for failure to appear) . [2001 c.817 §9]

Note: 153.772 (Suspension of driving privileges for failure to appear) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 153.772 — Suspension of driving privileges for failure to appear; limitation on district attorney’s authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 137.662 — OR Code / Title 14 / Chapter 137 / Section 137.662
137.662 Oregon Criminal Justice Commission Account
Status: in_force

The Oregon Criminal Justice Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Criminal Justice Commission, other than appropriations from the General Fund, and except those moneys described in ORS 131A.460 (Asset Forfeiture Oversight Account) , shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission. [2001 c.716 §1; 2009 c.78 §56]

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

Source: Section 137.662 — Oregon Criminal Justice Commission Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.465 — OR Code / Title 14 / Chapter 133 / Section 133.465
133.465 Seizure of stolen animals or other property being transported
Status: in_force

(1) When any peace officer discovers any person in the act of transporting any stolen live meat food animal or fowl, any meat food animal or fowl carcass, or any part thereof, or any wool, hides, grain or any other article which has been stolen in or upon any vehicle, boat, aircraft or conveyance of any kind, the officer shall seize all such articles or things found therein, take possession of the vehicle or other conveyance and arrest any person in charge thereof.

(2) The officer shall at once proceed against the person arrested, under the provisions of the law which has been violated, in any court having competent jurisdiction and shall deliver the vehicle or other conveyance to the sheriff of the county in which such seizure has been made.

(3) The vehicle or other conveyance shall be returned to the owner if the owner is the person arrested, upon execution of a good and valid bond, with sufficient sureties in a sum double the value of the property, which bond shall be approved by the court and shall be conditioned upon the return of said property to the custody of the sheriff at a time to be specified by the court. [Formerly 142.090]

Source: Section 133.465 — Seizure of stolen animals or other property being transported; proceedings against person arrested , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.228 — OR Code / Title 14 / Chapter 137 / Section 137.228
137.228 Finding that defendant is alcoholic or drug-dependent person
Status: in_force

(1) When a defendant is sentenced for a crime, the court may enter a finding that the defendant is an alcoholic or a drug-dependent person, as those terms are defined in ORS 430.306 (Definitions) . The finding may be based upon any evidence before the court, including, but not limited to, the facts of the case, stipulations of the parties and the results of any evaluation conducted under ORS 137.227 (Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person) .

(2) When the court finds that the defendant is an alcoholic or a drug-dependent person, the court, when it sentences the defendant to a term of imprisonment, shall direct the Department of Corrections to place the defendant in an appropriate alcohol or drug treatment program, to the extent that resources are available. The alcohol or drug treatment program shall meet the standards promulgated by the Oregon Health Authority pursuant to ORS 430.357 (Minimum standards) . [1991 c.630 §§2,3; 2005 c.271 §1; 2009 c.595 §95]

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

Source: Section 137.228 — Finding that defendant is alcoholic or drug-dependent person; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131a.175 — OR Code / Title 14 / Chapter 131a / Section 131a.175
131A.175 Expedited hearing on affirmative defenses
Status: in_force

(1) In any expedited hearing under ORS 131A.170 (Expedited hearing on claim) in which a petitioner seeks a determination at the hearing of any of the affirmative defenses provided for in ORS 131A.260 (Affirmative defenses in forfeiture action) , the court may consider evidence relating to those affirmative defenses and shall make a determination as to any of those defenses that may be asserted by the petitioner.

(2) If the court finds that the petitioner has proven an affirmative defense provided for in ORS 131A.260 (Affirmative defenses in forfeiture action) , the court shall order that custody of the seized property be returned to the petitioner, to the extent of the petitioner’s interest, pending a final determination as to the disposition of the property, unless the forfeiting agency can show that the return of the property will result in prejudice to the agency in seeking forfeiture of other claimants’ interest in the property.

(3) If the court finds that the petitioner has failed to prove an affirmative defense provided for in ORS 131A.260 (Affirmative defenses in forfeiture action) , the court shall continue the matter for further proceedings as a forfeiture action under this chapter. [2009 c.78 §23]

Source: Section 131A.175 — Expedited hearing on affirmative defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 147.545 — OR Code / Title 14 / Chapter 147 / Section 147.545
147.545 Attorney General certification
Status: in_force

(1) Intentionally left blank —Ed.

(a) Prior to the Attorney General’s first appearance in an appellate court proceeding in which the State of Oregon is a party and to which Article I, section 42 or 43, of the Oregon Constitution, applies, the Attorney General shall determine whether the Department of Justice has taken all reasonably practicable steps to fulfill the rights granted by Article I, sections 42 and 43, of the Oregon Constitution, to the victim of the crime in the appellate courts.

(b) Unless otherwise provided by rule or order of the Chief Justice of the Supreme Court, the Attorney General shall, in the cases described in paragraph (a) of this subsection, certify the results of that determination to the court simultaneously with the Attorney General’s first appearance.

(2) The Attorney General may intervene at any time on behalf of the State of Oregon in any trial court proceeding arising under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) . [2009 c.178 §17; 2013 c.224 §5]

Note: See note under 147.500 (Definitions) .

Source: Section 147.545 — Attorney General certification; intervention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.896 — OR Code / Title 14 / Chapter 135 / Section 135.896
135.896 Stay of criminal proceedings during period of agreement
Status: in_force

(1) If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal proceedings for a definite period. Except as provided in ORS 135.898 (Diversion agreement involving servicemember charged with domestic violence) and subsection (2) of this section, the stay shall not exceed 270 days in the case of a defendant charged with commission of a felony, and shall not exceed 180 days in the case of a defendant charged with the commission of a misdemeanor. If the defendant declines diversion, the court shall resume criminal proceedings.

(2) Prior to the end of the stay of criminal proceedings described in subsection (1) of this section, the defendant may request that the district attorney approve an extension of the stay for a period up to 270 days in the case of a defendant charged with the commission of a felony and up to 180 days in the case of a defendant charged with the commission of a misdemeanor. If the district attorney approves the extension, the district attorney shall notify the court and the court shall order an extension of the stay of criminal proceedings for the approved period of time. [1977 c.373 §4; 2010 c.25 §3; 2015 c.258 §1]

Source: Section 135.896 — Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 146.181 — OR Code / Title 14 / Chapter 146 / Section 146.181
146.181 Missing persons
Status: in_force

(1) When a person is reported as missing to any city, county or state police agency, the agency, within 12 hours thereafter, shall enter into state and federal records maintained for that purpose, a report of the missing person in a format and according to procedures established by the authorities responsible respectively for the state and federal records.

(2) The law enforcement agency to which the report is made:

(a) May request from the person making the report information or material likely to be useful in identifying the missing person or the human remains of the missing person, including, but not limited to:

(A) The name of the missing person and any alternative names the person uses;

(B) The date of birth of the missing person;

(C) A physical description of the missing person, including the height, weight, gender, race, eye color, current hair color and natural hair color of the missing person, any identifying marks on the missing person, any prosthetics used by, or surgical implants in, the missing person and any physical anomalies of the missing person;

(D) The blood type of the missing person;

(E) The driver license number of the missing person;

(F) The Social Security number of the missing person;

(G) A recent photograph of the missing person;

(H) A description of the clothing the missing person is believed to have been wearing at the time the person disappeared;

(I) A description of items that the missing person is believed to have had with the person at the time the person disappeared;

(J) Telephone numbers and electronic mail addresses of the missing person;

(K) The name and address of any school the missing person attends;

(L) The name and address of any employer of the missing person;

(M) The name and address of the physician, physician assistant, naturopathic physician, nurse practitioner or dentist who provides health care services to the missing person;

(N) A description of any vehicle that the missing person might have been driving or riding in when the person disappeared;

(O) The reasons why the person making the missing person report believes the person is missing;

(P) Any circumstances that indicate that the missing person may be at risk of injury or death;

(Q) Any circumstances that may indicate that the disappearance is not voluntary;

(R) Information about a known or possible abductor or a person who was last seen with the missing person; and

(S) The date of the last contact with the missing person.

(b) May request in writing from any dentist, denturist, physician, physician assistant, naturopathic physician, nurse practitioner, optometrist or other medical practitioner possessing it such medical, dental or other physically descriptive information as is likely to be useful in identifying the missing person or the human remains of the missing person.

(3) The law enforcement agency, upon obtaining information pursuant to subsection (2) of this section, shall make a supplementary entry of that information into the state and federal records described in subsection (1) of this section. The supplementary report shall be in a format and according to procedures established by the authorities responsible respectively for the state and federal records. [Formerly 146.525; 2014 c.45 §25; 2017 c.356 §16]

Source: Section 146.181 — Missing persons; police report; supplementary report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.440 — OR Code / Title 14 / Chapter 137 / Section 137.440
137.440 Return by officer executing judgment
Status: in_force

When a judgment in a criminal action has been executed, the sheriff or officer executing it shall return to the clerk the warrant or copy of the entry or judgment upon which the sheriff or officer acted, with a statement of the doings of the sheriff or officer indorsed thereon, and the clerk shall file the same and annex it to the trial court file, as defined in ORS 19.005 (Definitions) . [Amended by 1967 c.471 §4]

Source: Section 137.440 — Return by officer executing judgment; annexation to trial court file , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.723 — OR Code / Title 14 / Chapter 133 / Section 133.723
133.723 Records confidential
Status: in_force

The application for any order under ORS 133.724 (Order for interception of communications) and any supporting documents and testimony in connection therewith shall remain confidential in the custody of the court, and these materials shall not be released or information concerning them in any manner disclosed except upon written order of the court and as required under ORS 135.805 (Applicability) to 135.873 (Protective orders) . No person having custody of any records maintained under ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) shall disclose or release any materials or information contained therein except upon written order of the court and as required under ORS 135.805 (Applicability) to 135.873 (Protective orders) . [Formerly 141.740; 1979 c.716 §13]

Source: Section 133.723 — Records confidential , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.730 — OR Code / Title 14 / Chapter 144 / Section 144.730
144.730 Failure to complete treatment program
Status: in_force

If a person on probation, parole or post-prison supervision is required to successfully complete a drug or alcohol treatment program as a condition of supervision and the person refuses or otherwise fails to successfully complete the treatment program, the court or the supervising authority shall impose swift and certain punishment, including incarceration in jail. [2009 c.660 §13]

Note: 144.730 (Failure to complete treatment program) 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 144.730 — Failure to complete treatment program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.700 — OR Code / Title 14 / Chapter 135 / Section 135.700
135.700 Disallowance of demurrer
Status: in_force

If the demurrer is disallowed, the court shall permit the defendant, at the election of the defendant, to plead, which the defendant must do forthwith or at such time as the court may allow; but if the defendant does not plead, a plea of not guilty shall be entered. [Amended by 1973 c.836 §189]

Source: Section 135.700 — Disallowance of demurrer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.122 — OR Code / Title 14 / Chapter 144 / Section 144.122
144.122 Advancing initial release date
Status: in_force

(1) After the initial parole release date has been set under ORS 144.120 (Initial parole hearing) and after a minimum period of time established by the State Board of Parole and Post-Prison Supervision under subsection (2)(a) of this section, the prisoner may request that the parole release date be reset to an earlier date. The board may grant the request upon a determination by the board that continued incarceration is cruel and inhumane and that resetting the release date to an earlier date is not incompatible with the best interests of the prisoner and society and that the prisoner:

(a) Has demonstrated an extended course of conduct indicating outstanding reformation;

(b) Suffers from a severe medical condition including terminal illness; or

(c) Is elderly and is permanently incapacitated in such a manner that the prisoner is unable to move from place to place without the assistance of another person.

(2) The Advisory Commission on Prison Terms and Parole Standards may propose to the board and the board shall adopt rules:

(a) Establishing minimum periods of time to be served by prisoners before application may be made for a reset of release date under subsection (1) of this section;

(b) Detailing the criteria set forth under subsection (1) of this section for the resetting of a parole release date; and

(c) Establishing criteria for parole release plans for prisoners released under this section that, at a minimum, must ensure appropriate supervision and services for the person released.

(3) The provisions of subsection (1)(b) of this section apply to prisoners sentenced in accordance with ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) .

(4) The provisions of this section do not apply to prisoners sentenced to life imprisonment without the possibility of release or parole under ORS 138.052 (Appeal from judgment of conviction and sentence of death) or 163.150 (Sentencing for aggravated murder) .

(5) If the victim has requested notification of the release of the prisoner, the board shall notify the victim as described in ORS 144.750 (Victim’s rights) (3) prior to any hearing or administrative decision under this section. [1983 c.489 §2; 1991 c.133 §1; 1993 c.198 §1; 1999 c.1055 §13; 2001 c.104 §49; 2015 c.230 §1]

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

Source: Section 144.122 — Advancing initial release date; requirements; exceptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131a.165 — OR Code / Title 14 / Chapter 131a / Section 131a.165
131A.165 Claims
Status: in_force

(1) Except as provided in subsection (2) of this section, a person claiming an interest in property seized for forfeiture must file a claim with the forfeiting agency’s forfeiture counsel not more than 21 days after service of a forfeiture notice.

(2) If service of a forfeiture notice is made by publication under ORS 131A.150 (Forfeiture notice) (4), a person claiming an interest in the property must file a claim with the forfeiting agency’s forfeiture counsel not more than 21 days after the last publication date. Extensions for filing claims may not be granted.

(3) A claim under this section must be signed by the claimant under penalty of perjury and must include:

(a) The true name of the claimant;

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

(c) A statement that the claimant has an interest in the seized property. [2009 c.78 §21]

Source: Section 131A.165 — Claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 131.405 — OR Code / Title 14 / Chapter 131 / Section 131.405
131.405 Attendance of defendant at new place of trial
Status: in_force

(1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court.

(2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 §24]

Source: Section 131.405 — Attendance of defendant at new place of trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 136.320 — OR Code / Title 14 / Chapter 136 / Section 136.320
136.320 Function of jury
Status: in_force

Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310 (Function of court) , shall be decided by the jury, and all evidence thereon addressed to it.

Source: Section 136.320 — Function of jury; jury to receive law as laid down by court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.515 — OR Code / Title 14 / Chapter 133 / Section 133.515
133.515 Interpreter to be made available to person with a disability
Status: in_force

(1) As used in this section:

(a) “Person with a disability” means a person who cannot readily understand or communicate the English language, or cannot understand the proceedings or a charge made against the person, or is incapable of presenting or assisting in the presentation of a defense, because of deafness, or because of a physical hearing impairment or physical speaking impairment.

(b) “Qualified interpreter” means a person who is readily able to communicate with the person with a disability, translate the proceedings, and accurately repeat and translate the statements of the person with a disability to the officer or other person.

(2) Upon the arrest of a person with a disability and before interrogating or taking the statement of the person with a disability, the arresting peace officer, or when the arrest is by a private person, the officer to whom the person with a disability is delivered, shall make available to the person with a disability, at the earliest possible time, a qualified interpreter to assist the person with a disability throughout the interrogation or taking of a statement.

(3) The public employer of the arresting peace officer or officer to whom the person with a disability is delivered shall pay the fees and expenses of the qualified interpreter. [1973 c.386 §3; 1981 s.s. c.3 §139; 1989 c.224 §9; 2007 c.70 §34; 2015 c.397 §1]

Source: Section 133.515 — Interpreter to be made available to person with a disability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 133.855 — OR Code / Title 14 / Chapter 133 / Section 133.855
133.855 Short title
Status: in_force

ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.833 (Application for requisition) and 133.839 (Immunity from civil process in certain civil cases) to 133.855 (Short title) may be cited as the Uniform Criminal Extradition Act. [Formerly 147.280]

Source: Section 133.855 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 138.690 — OR Code / Title 14 / Chapter 138 / Section 138.690
138.690 Commencement of DNA testing proceedings
Status: in_force

(1) A person may file in the circuit court in which the judgment of conviction was entered a petition requesting the commencement of a DNA testing proceeding, and requesting that the court appoint an attorney for the purpose of determining whether to file a motion under ORS 138.692 (Motion for DNA testing) for the performance of DNA testing on specific evidence, if the person has been convicted of aggravated murder or a felony in which DNA evidence could exist and is related to the investigation or prosecution that resulted in the judgment of conviction.

(2) After proceedings have been commenced under subsection (1) of this section:

(a) Upon motion of the person, the court shall order that the person be provided with a copy of property and evidence control and disposition records for all evidence related to the investigation or prosecution that resulted in the judgment of conviction. If forensic testing on the evidence has previously occurred, the court shall further order that the person be provided with access to the results of the testing and to any other written materials related to the testing, including reports, underlying data, notes and protocols.

(b) Upon motion of the person and a showing that good faith efforts to obtain discovery materials from prior defense counsel were made and were unsuccessful, the court shall order that the person be provided reasonable access to discovery materials in the possession of the district attorney and law enforcement agencies that the person would have received under ORS 135.815 (Disclosure to defendant) prior to trial.

(3) At any time after a person files a petition under subsection (1) of this section, the person may file a motion to dismiss the proceeding on the grounds that the person does not wish to proceed with DNA testing. Upon receipt of the motion, the court shall dismiss the petition without prejudice.

(4) The court may not charge a fee for any filing under ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) .

(5) The State Court Administrator shall develop forms for proceedings under ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) . The State Court Administrator shall provide the forms to the clerk of each circuit court, who shall make the forms available to the public.

(6) ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) are not the exclusive means by which a person convicted of a crime may obtain post-conviction DNA testing, and nothing in ORS 138.688 (Definitions) to 138.700 (Entry of unidentified profile into DNA databases) limits or affects any other means by which a person convicted of a crime may obtain post-conviction DNA testing.

(7) If the victim did not request notification under ORS 147.433 (Rights afforded upon request) , the district attorney may provide notification upon the filing of a petition under this section if the name and address of the victim are known to the district attorney. [2001 c.697 §1; 2005 c.759 §1; 2007 c.800 §1; 2015 c.564 §1; 2019 c.368 §3]

Note: See note under 138.688 (Definitions) .

Source: Section 138.690 — Commencement of DNA testing proceedings; discovery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.570 — OR Code / Title 14 / Chapter 136 / Section 136.570
136.570 Application for subpoenas for more than 10 witnesses
Status: in_force

If either party in a criminal action desires more than 10 witnesses, as provided in ORS 136.565 (Issuance of subpoena by district attorney for witnesses at trial) and 136.567 (Issuance of subpoena for witnesses for defendant) , application therefor shall be made to the court or judge thereof by motion for an order allowing the issuance of subpoenas for such additional witnesses, which motion shall be supported either by the statement of the district attorney or city attorney in writing or by the affidavit of the defendant. The statement or affidavit shall state the names of such witnesses, their places of residence and the facts expected to be proved by each of them. The court or judge thereof shall make an order allowing the issuance of subpoenas for so many of such witnesses as appear from such statement or affidavit to be necessary and material to a fair, full and impartial trial. [Formerly 139.060; 1977 c.746 §5]

Source: Section 136.570 — Application for subpoenas for more than 10 witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.365 — OR Code / Title 14 / Chapter 135 / Section 135.365
135.365 Withdrawal of plea of guilty or no contest
Status: in_force

The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of not guilty substituted therefor. [Formerly 135.850]

Source: Section 135.365 — Withdrawal of plea of guilty or no contest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.667 — OR Code / Title 14 / Chapter 137 / Section 137.667
137.667 Amendments to sentencing guidelines
Status: repealed

(1) The Oregon Criminal Justice Commission shall review all new legislation that creates new crimes or modifies existing crimes. The commission shall adopt by rule any necessary modifications to the crime seriousness scale of the guidelines to reflect the actions of the Legislative Assembly and may classify offenses as person felonies or person misdemeanors for purposes of the rules.

(2) The commission may adopt by majority vote of all of its members who are eligible to vote amendments to the sentencing guidelines approved by section 87, chapter 790, Oregon Laws 1989. The commission shall submit the amendments to the Legislative Assembly for its approval. The amendments do not become effective unless approved by the Legislative Assembly by law. The effective date of the amendments is the date specified by the Legislative Assembly in the law approving the amendments or, if the Legislative Assembly does not specify a date, the effective date of the law approving the amendments. The Legislative Assembly may by law amend, repeal or supplement any of the amendments.

(3) The provisions of subsection (2) of this section do not apply to amendments to the guidelines adopted by the commission that:

(a) Are required to implement enactments of the Legislative Assembly;

(b) Are required under ORS 421.512 (Rulemaking) (2) or subsection (1) of this section; or

(c) Intentionally left blank —Ed.

(A) Renumber rules or parts of rules, change internal references to agree with statute or rule numbers, delete references to repealed statutes or rules, substitute statute references for chapter numbers, change capitalization and spelling for the purpose of uniformity or correct manifest clerical, grammatical or typographical errors; and

(B) Do not alter the sense, meaning, effect or substance of the rule amended.

(4) If a rule adopted under subsection (1) of this section is not approved by the next regular Legislative Assembly following the adoption of the rule, the rule is repealed on January 1 following adjournment sine die of that Legislative Assembly. [1989 c.790 §94a; 1993 c.681 §6; 1993 c.692 §7; 1995 c.420 §6; 1997 c.691 §3; 1999 c.966 §2; 2003 c.453 §4]

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

Source: Section 137.667 — Amendments to sentencing guidelines; submitting to Legislative Assembly; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.275 — OR Code / Title 14 / Chapter 144 / Section 144.275
144.275 Parole of adults in custody sentenced to pay compensatory fines or make restitution
Status: in_force

Whenever the State Board of Parole and Post-Prison Supervision orders the release on parole of an adult in custody who has been ordered to pay compensatory fines pursuant to ORS 137.101 (Compensatory fine) or to make restitution pursuant to ORS 137.106 (Restitution to victims) , but with respect to whom payment of all or a portion of the fine or restitution was suspended until the release of the adult in custody from imprisonment, the board may establish a schedule by which payment of the compensatory fine or restitution shall be resumed. In fixing the schedule and supervising the performance of the paroled adult in custody thereunder, the board shall consider the factors specified in ORS 137.106 (Restitution to victims) (5). The board shall provide to the sentencing court a copy of the schedule and any modifications thereof. [1977 c.271 §6; 1989 c.46 §1; 2003 c.670 §2; 2019 c.213 §31; 2022 c.57 §2]

Note: 144.275 (Parole of adults in custody sentenced to pay compensatory fines or make restitution) 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 144.275 — Parole of adults in custody sentenced to pay compensatory fines or make restitution; schedule of payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 153.051 — OR Code / Title 14 / Chapter 153 / Section 153.051
153.051 Summons
Status: in_force

A summons in a violation citation is sufficient if it contains the following:

(1) The name of the court, the name of the person cited, the date on which the citation was issued, the name of the enforcement officer issuing the citation, and the time and place at which the person cited is to appear in court.

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

(3) A notice to the person cited that a complaint will be filed with the court based on the violation.

(4) The amount of the presumptive fine, if any, fixed for the violation.

(5) A statement notifying the person that a monetary judgment may be entered against the person for up to the maximum amount of fines, restitution and other costs allowed by law for the violation if the person fails to make all required appearances at the proceedings.

(6) A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the presumptive fine indicated on the citation, and the court accepts the plea, the amount of the fine imposed against the defendant may not exceed the amount of the presumptive fine indicated on the citation.

(7) A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the presumptive fine indicated on the citation:

(a) The person may submit an explanation of the circumstances of the violation; and

(b) The court may consider the explanation in establishing the amount of the fine, but in no event can the court impose a fine that is less than the minimum fine established under ORS 153.021 (Minimum fines) (1) except as provided in ORS 153.021 (Minimum fines) (2).

(8) A statement notifying the person that, if the person pleads not guilty and requests a trial, the court cannot impose a fine that is less than the minimum fine established under ORS 153.021 (Minimum fines) (1) except as provided in ORS 153.021 (Minimum fines) (2) or unless the person is found not guilty, in which case no fine will be imposed. [1999 c.1051 §15; 2011 c.597 §23; 2022 c.68 §2]

Source: Section 153.051 — Summons; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 137.129 — OR Code / Title 14 / Chapter 137 / Section 137.129
137.129 Length of community service sentence
Status: in_force

The length of a community service sentence shall be within these limits:

(1) For a violation, not more than 48 hours.

(2) For a misdemeanor other than driving under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) , not more than 160 hours.

(3) Intentionally left blank —Ed.

(a) For a felony committed prior to November 1, 1993, not more than 500 hours.

(b) For a felony committed on or after November 1, 1993, as provided in the rules of the Oregon Criminal Justice Commission.

(4) Except as provided in subsection (5) of this section, for a violation of driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) committed while operating a vehicle, other than a bicycle as defined in ORS 801.150 (“Bicycle.”) , not less than 80 hours or more than 250 hours.

(5) For a violation of driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants) committed while riding a bicycle, as defined in ORS 801.150 (“Bicycle.”) , 48 hours. [1981 c.551 §4; 1983 c.721 §1; 1985 c.16 §447; 1993 c.692 §3; 1999 c.1051 §68a; 2023 c.498 §18]

Source: Section 137.129 — Length of community service sentence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.360 — OR Code / Title 14 / Chapter 135 / Section 135.360
135.360 Special provisions relating to presentation of plea of guilty or no contest
Status: in_force

(1) Except as provided in subsection (2) of this section, a plea of guilty or no contest to a crime punishable as a felony shall in all cases be put in by the defendant in person in open court unless upon an accusatory instrument against a corporation, in which case it may be put in by counsel.

(2) Any circuit judge may, within any county in the own district of the judge other than the county where the accusation is pending, accept pleas of guilty or no contest from persons charged with a crime punishable as a felony and pass sentence thereon upon written request of the accused and the attorney of the accused and upon not less than one day’s notice to the district attorney. Judgments based upon such pleas and sentences entered upon the pleas are as effective as though heard and determined in open court in the county where the accusation is pending. Judges accepting the pleas shall transmit the pleas to the clerk of the court in the county where the accusation is pending, whereupon the clerk shall file and enter the pleas to become effective from the date of filing.

(3) A judge may accept a plea of guilty or no contest under subsection (1) of this section by simultaneous electronic transmission, as defined in ORS 131.045 (Appearances by simultaneous electronic transmission) , without the agreement of the state or the defendant if the plea is entered at arraignment and the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly 135.840; 2005 c.566 §7]

Source: Section 135.360 — Special provisions relating to presentation of plea of guilty or no contest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 146.177 — OR Code / Title 14 / Chapter 146 / Section 146.177
146.177 Procedures for investigating missing persons
Status: in_force

Written policies adopted by Oregon law enforcement agencies regarding missing persons shall specify the procedures for investigating missing persons in order to ensure that reported missing persons cases, particularly those involving minor children, are investigated as soon as possible, utilizing all available resources. In adopting policies under this section, Oregon law enforcement agencies may consider standards set by the Oregon Accreditation Alliance and adopt policies consistent with Oregon Accreditation Alliance standards. Policies adopted under this section should include the following:

(1) Requirements for accepting missing persons reports;

(2) Procedures for initial investigations;

(3) Responsibility for follow-up investigations;

(4) Standards for maintaining and clearing computer data of missing persons information stored in the Law Enforcement Data System and the National Crime Information Center; and

(5) Initiation and activation criteria for Amber Plan alerts under ORS 181A.315 (Amber Plan) . [2007 c.500 §2]

Source: Section 146.177 — Procedures for investigating missing persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 136.427 — OR Code / Title 14 / Chapter 136 / Section 136.427
136.427 Confessions
Status: in_force

(1) A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if:

(a) The state files notice in accordance with subsection (3) of this section;

(b) The defendant is charged with a crime listed in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) ;

(c) The victim of the crime is a vulnerable person;

(d) The victim is incompetent to testify under ORS 40.310 (Rule 601. General rule of competency) ;

(e) The confession is made to a peace officer or a federal officer, as those terms are defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) , or to an individual conducting an investigation under ORS 430.745 (Investigation of abuse) , while the officer or individual is acting in the course of official duty; and

(f) The court finds that there is sufficient evidence to establish the trustworthiness of the confession.

(2) In making the determination described in subsection (1)(f) of this section, the court shall consider the following factors, in addition to other factors the court considers important:

(a) Whether there is evidence demonstrating the truthfulness of portions of the confession;

(b) Whether the defendant had the opportunity to commit the crime;

(c) The method of interrogation used to solicit the confession; and

(d) Whether the defendant is a vulnerable person.

(3) The state shall file notice of the intention to rely on this section within 60 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner. The court shall grant the state an extension for good cause shown.

(4) When the state files the notice described in subsection (3) of this section, the court shall conduct a hearing prior to trial. After the hearing, the court shall enter an order that indicates whether the confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.

(5) As used in this section:

(a) “Activities of daily living” includes dressing, eating, toileting, bathing, exercising appropriate personal hygiene practices and moving from place to place.

(b) “Vulnerable person” means:

(A) A person under 18 years of age;

(B) A person 65 years of age or older;

(C) A person who meets the medical criteria for the receipt of services from a community program or facility as those terms are defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765) ;

(D) A person with a developmental disability as that term is defined in ORS 40.460 (Rule 803. Hearsay exceptions) (18a)(d); or

(E) A person who, as the result of a diagnosed medical condition, requires assistance in two or more activities of daily living. [2009 c.875 §2]

Note: 136.427 (Confessions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 136.427 — Confessions; corroboration not required; notice; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.637 — OR Code / Title 14 / Chapter 137 / Section 137.637
137.637 Determining length of determinate sentences
Status: in_force

When a determinate sentence of imprisonment is required or authorized by statute, the sentence imposed shall be the determinate sentence or the sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer. [1989 c.790 §82; 1995 c.520 §2]

Note: 137.637 (Determining length of determinate sentences) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.637 — Determining length of determinate sentences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.739 — OR Code / Title 14 / Chapter 133 / Section 133.739
133.739 Civil damages for willful interception, disclosure or use of communications
Status: in_force

(1) Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 (Order for interception of communications) or 133.737 (Disclosure and use of intercepted communications) shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communication and shall be entitled to recover from any such person:

(a) Actual damages but not less than damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; and

(b) Punitive damages.

(2) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil action brought under this section.

(3) Nothing in ORS 41.910 (Certain intercepted communications inadmissible) , 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications) and 133.992 (Penalties) is intended to abrogate any other private civil remedy for invasion of privacy.

(4) Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(5) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1979 c.716 §11; 1981 c.897 §38; 1989 c.983 §13; 1995 c.696 §16]

Source: Section 133.739 — Civil damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 147.421 — OR Code / Title 14 / Chapter 147 / Section 147.421
147.421 Information about defendant that public body is required to provide to victim
Status: in_force

(1) If a public body is the custodian of any of the following information, upon the request of the victim, the public body shall provide to the victim any of the following information of which it is the custodian and that is about the defendant or convicted criminal:

(a) The conviction and sentence;

(b) Criminal history;

(c) Imprisonment; and

(d) Future release from physical custody.

(2) A public body, in its discretion, may provide the requested information by furnishing the victim with copies of public records. The public body may charge the victim its actual cost for making public records available as provided in ORS 192.324 (Copies or inspection of public records) (4).

(3) As used in this section:

(a) “Criminal history” means a description of the prior arrests, convictions and sentences of the person.

(b) “Future release” means the projected or scheduled date of release of the person from confinement, the name and location of the correctional facility from which the person is to be released and the community where the person is scheduled to reside upon release.

(c) “Imprisonment” means the name and location of the correctional facility in which the person is confined.

(d) “Public body” has the meaning given that term in ORS 192.311 (Definitions for ORS 192.311 to 192.478) . [1997 c.313 §6; 2007 c.467 §2]

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

Source: Section 147.421 — Information about defendant that public body is required to provide to victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 147.480 — OR Code / Title 14 / Chapter 147 / Section 147.480
147.480 Fund established
Status: in_force

(1) The Fund to End Commercial Sexual Exploitation of Children is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fund to End Commercial Sexual Exploitation of Children shall be credited to the fund. All moneys deposited in the fund are continuously appropriated to the Department of Justice for the purposes of this section.

(2) The Department of Justice, with the advice of the advisory committee appointed under subsection (5) of this section, shall allocate moneys from the Fund to End Commercial Sexual Exploitation of Children to provide financial assistance to fund one or more of the following:

(a) Services, interventions and treatment for children who have been or may become the victims of commercial sexual exploitation;

(b) Efforts to provide outreach to, and to educate, the public, professionals and service providers about the commercial sexual exploitation of children;

(c) Efforts to prevent and reduce the incidence of commercial sexual exploitation of children;

(d) Training of investigators, service providers and others regarding the identification and treatment of children who have experienced commercial sexual exploitation;

(e) Advocacy for children who have been victims of commercial sexual exploitation;

(f) Promotion and facilitation of interagency and interdepartmental cooperation among state agencies and among different levels of government in this state in the delivery and funding of services for children who have been or may become victims of commercial sexual exploitation; and

(g) Any other activity, project or program that will encourage and support the provision of preventative and therapeutic assistance to child victims or potential child victims of commercial sexual exploitation.

(3) An individual or entity wishing to apply for funding from the Fund to End Commercial Sexual Exploitation of Children shall submit an application to the department. The application shall be in the form and contain the information required by the department by rule.

(4) The department may solicit and accept contributions of funds and assistance from the United States or its agencies, or from other sources, public or private, and agree to conditions not inconsistent with the purposes of this section. All funds received shall be deposited into the Fund to End Commercial Sexual Exploitation of Children and are continuously appropriated to the department for the purposes of this section.

(5) The department shall appoint an advisory committee to advise the department with respect to policies and procedures to coordinate statewide planning for delivery of services to child victims of commercial sexual exploitation. The advisory committee shall meet with and advise the department, provide the department with information regarding the status of existing services and make recommendations for the making of awards of financial assistance pursuant to this section. The department shall include as members of the advisory committee stakeholders with expertise in child welfare, mental health and addiction, sex trafficking and law enforcement.

(6) The department may adopt rules to carry out the provisions of this section, including but not limited to the role of the advisory committee. [2015 c.703 §1]

Note: 147.480 (Fund established) 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 147.480 — Fund established; allocation of moneys; application; advisory committee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 135.727 — OR Code / Title 14 / Chapter 135 / Section 135.727
135.727 Description of animal
Status: in_force

When an offense involves the taking of or injury to an animal, the accusatory instrument is sufficiently certain in that respect if it describes the animal by the common name of its class. [Formerly 132.640]

Source: Section 135.727 — Description of animal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131a.105 — OR Code / Title 14 / Chapter 131a / Section 131a.105
131A.105 Decision on seeking forfeiture
Status: in_force

(1) A seizing agency, after consultation with the district attorney of the county in which the property was seized, must decide whether to seek forfeiture of seized property not more than 30 days after the property is seized. If the seizing agency elects not to seek forfeiture, the agency shall pay all costs and expenses relating to towing and storage of the property, and shall release the property and cause to be discharged any possessory chattel liens 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. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.

(2) Property may be released under this section to a person other than the person from whose custody or control the property was taken if the seizing agency mails notice to the last-known addresses of all persons known to have an interest in the property. The notice shall specify the person to whom the property is to be released and shall detail the time and place of the release. [2009 c.78 §17; 2009 c.874 §10]

Source: Section 131A.105 — Decision on seeking forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 137.071 — OR Code / Title 14 / Chapter 137 / Section 137.071
137.071 Requirements for judgment documents
Status: in_force

(1) The judge in a criminal action shall ensure that the creation and filing of a judgment document complies with this section. On appeal, the appellate court may give leave as provided in ORS 19.270 (Appellate jurisdiction of Supreme Court and Court of Appeals) for entry of a judgment document that complies with this section but may not reverse or set aside a judgment, determination or disposition on the sole ground that the judgment document fails to comply with this section.

(2) A judgment document in a criminal action must comply with ORS 18.038 (Form of judgment document generally) . In addition, a judgment document in a criminal action must:

(a) Indicate whether the defendant was determined to be financially eligible for purposes of appointed counsel in the action.

(b) Indicate whether the court appointed counsel for the defendant in the action.

(c) If there is no attorney for the defendant, indicate whether the defendant knowingly waived any right to an attorney after having been informed of that right.

(d) Include the identity of the recorder or reporter for the proceeding or action who is to be served under ORS 138.081 (Service and filing of notice of appeal) .

(e) Include any information specifically required by statute or by court rule.

(f) Specify clearly the court’s determination for each charge in the information, indictment or complaint.

(g) Specify clearly the court’s disposition, including all legal consequences the court establishes or imposes. If the determination is one of conviction, the judgment document must include any suspension of sentence, forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution, community service and all other sentences and legal consequences imposed by the court. Nothing in this paragraph requires the judgment document to specify any consequences that may result from the determination but are not established or imposed by the court.

(h) Include the identities of the attorney for the state and the attorney, if any, for the defendant.

(i) If the court sentences the defendant to a term of incarceration, and the physical custody of the defendant as determined by ORS 137.124 (Commitment of defendant to Department of Corrections or county) is related to the age of the defendant at the time of committing an offense, indicate the age of the defendant at the time of committing the offense.

(3) A judgment document in a criminal action that includes a money award, as defined in ORS 18.005 (Definitions) , must comply with ORS 18.048 (Judgment in criminal action that contains money award) .

(4) The requirements of this section do not apply to a judgment document if the action was commenced by the issuance of a uniform citation adopted under ORS 1.525 (Uniform citation and petition forms for certain offenses) and the court has used the space on the citation for the entry of a judgment. The exemption provided by this subsection does not apply if any indictment, information or complaint other than a uniform citation is filed in the action.

(5) For the purposes of determining the defendant’s age at the time of committing an offense under subsection (2) of this section:

(a) If the defendant is convicted of two or more offenses occurring on different days, the defendant’s age shall be calculated using the earliest date.

(b) If the defendant is convicted of an offense occurring within a range of dates, the defendant’s age shall be calculated using the date at the beginning of the range. [1989 c.472 §2; 1995 c.117 §1; 1997 c.526 §3; 2001 c.962 §88; 2003 c.300 §§1,2; 2003 c.576 §162; 2019 c.634 §1]

Source: Section 137.071 — Requirements for judgment documents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.785 — OR Code / Title 14 / Chapter 144 / Section 144.785
144.785 Rules on duration of prison terms when aggravating or mitigating circumstances exist
Status: in_force

(1) The commission shall propose to the board and the board shall adopt rules regulating variations from the ranges, to be applied when aggravating or mitigating circumstances exist. The rules shall define types of circumstances as aggravating or mitigating and shall set the maximum variation permitted.

(2) In no event shall the duration of the actual imprisonment under the ranges or variations from the ranges exceed the maximum term of imprisonment fixed for an offense, except in the case of a prisoner who has been sentenced under ORS 161.725 (Standards for sentencing of dangerous offenders) as a dangerous offender, in which case the maximum term shall not exceed 30 years. [1977 c.372 §3; 1981 c.547 §1; 1987 c.634 §3]

Source: Section 144.785 — Rules on duration of prison terms when aggravating or mitigating circumstances exist; limitation on terms; dangerous offenders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 153.624 — OR Code / Title 14 / Chapter 153 / Section 153.624
153.624 Costs for obtaining driving records
Status: in_force

In addition to any other costs charged a person convicted of a traffic offense, a court may charge as costs and collect from any person convicted of a traffic offense any actual costs incurred in obtaining any driving records relating to the person. [Formerly 484.145; 2011 c.597 §127]

Source: Section 153.624 — Costs for obtaining driving records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 151.211 — OR Code / Title 14 / Chapter 151 / Section 151.211
151.211 Definitions for ORS 151.211 to 151.221
Status: in_force

For purposes of ORS 151.211 (Definitions for ORS 151.211 to 151.221) to 151.221 (Status of officers and employees of commission) :

(1) “Chief Justice” means the Chief Justice of the Supreme Court.

(2) “Commission” means the Oregon Public Defense Commission. [2001 c.962 §1; 2007 c.71 §43; 2023 c.281 §1]

Note: The amendments to 151.211 (Definitions for ORS 151.211 to 151.221) by section 93, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

151.211 (Definitions for ORS 151.211 to 151.221) . For purposes of ORS 151.211 (Definitions for ORS 151.211 to 151.221) to 151.221 (Status of officers and employees of commission) :

(1) “Appointed counsel” includes trial-level and appellate attorneys who are employees of the Oregon Public Defense Commission, attorneys employed by a nonprofit public defense organization and attorneys on the panel of qualified counsel described in ORS 151.216 (Commission duties) (5) who contract with the commission to provide public defense services.

(2) “Chief Justice” means the Chief Justice of the Supreme Court.

(3) “Commission” means the Oregon Public Defense Commission.

(4) “Nonprofit public defense organization” means a nonprofit organization that employs attorneys who provide public defense services.

Note: 151.211 (Definitions for ORS 151.211 to 151.221) to 151.225 (Public Defense Services Account) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 151.211 — Definitions for ORS 151.211 to 151.221 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 136.430 — OR Code / Title 14 / Chapter 136 / Section 136.430
136.430 Civil laws of evidence in criminal trials
Status: in_force

The law of evidence in civil actions is also the law of evidence in criminal actions and proceedings, except as otherwise specifically provided in the statutes relating to crimes and criminal procedure. [Formerly 136.510]

Source: Section 136.430 — Civil laws of evidence in criminal trials; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.125 — OR Code / Title 14 / Chapter 144 / Section 144.125
144.125 Review of parole plan, psychological reports and conduct prior to release
Status: in_force

(1) Prior to the scheduled release of any prisoner on parole and prior to release rescheduled under this section, the State Board of Parole and Post-Prison Supervision may upon request of the Department of Corrections or on its own initiative interview the prisoner to review the prisoner’s parole plan and psychiatric or psychological report, if any, and the record of the prisoner’s conduct during confinement. To accommodate such review by the board, the Department of Corrections shall provide to the board any psychiatric or psychological reports held by the department regarding the prisoner. However, if the psychiatrist or psychologist who prepared any report or any treating psychiatrist or psychologist determines that disclosure to the prisoner of the contents of the report would be detrimental to the prisoner’s mental or emotional health, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the prisoner. The department may withhold from the board any report so indorsed.

(2) The board shall postpone a prisoner’s scheduled release date if it finds, after a hearing, that the prisoner engaged in serious misconduct during confinement. The board shall adopt rules defining serious misconduct and specifying periods of postponement for such misconduct.

(3) Intentionally left blank —Ed.

(a) If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may order the postponement of the scheduled parole release until a specified future date. The board may not postpone a prisoner’s scheduled release date to a date that is less than two years, or more than 10 years, from the date of the hearing, unless the prisoner would be held beyond the maximum sentence. The board shall determine the scheduled release date, and the prisoner may petition for interim review, in accordance with ORS 144.280 (Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989) .

(b) If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, but also finds that the prisoner can be adequately controlled with supervision and mental health treatment and that the necessary supervision and treatment are available, the board may order the prisoner released on parole subject to conditions that are in the best interests of community safety and the prisoner’s welfare.

(4) Each prisoner shall furnish the board with a parole plan prior to the scheduled release of the prisoner on parole. The board shall adopt rules specifying the elements of an adequate parole plan and may defer release of the prisoner for not more than three months if it finds that the parole plan is inadequate. The Department of Corrections shall assist prisoners in preparing parole plans. [1977 c.372 §6; 1981 c.426 §2; 1987 c.320 §53; 1989 c.790 §68; 1993 c.334 §1; 1999 c.141 §1; 2009 c.660 §3]

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

Source: Section 144.125 — Review of parole plan, psychological reports and conduct prior to release; release postponement; elements of parole plan; Department of Corrections assistance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 133.733 — OR Code / Title 14 / Chapter 133 / Section 133.733
133.733 Procedure for introduction as evidence
Status: in_force

The contents of any wire, electronic or oral communication intercepted under ORS 133.724 (Order for interception of communications) , or evidence derived therefrom, shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This 10-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information. [1979 c.716 §9; 1989 c.983 §10]

Source: Section 133.733 — Procedure for introduction as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 146.103 — OR Code / Title 14 / Chapter 146 / Section 146.103
146.103 Removal of body, effects or weapons prohibited without consent
Status: in_force

(1) In a death requiring an investigation, no person shall move a human body or body suspected of being human, or remove any of the effects of the deceased or instruments or weapons related to the death without the permission of a medical examiner, medical-legal death investigator or the district attorney.

(2) No person shall move or remove any of the items specified in subsection (1) of this section if the medical examiner or district attorney objects.

(3) A medical examiner, district attorney or medical-legal death investigator shall take custody of or exercise control over the body, the effects of the deceased and any weapons, instruments, vehicles, buildings or premises which the medical examiner, district attorney or medical-legal death investigator has reason to believe were involved in the death, in order to preserve evidence relating to the cause and manner of death.

(4) In a death requiring investigation, no person shall undress, embalm, cleanse the surface of the body or otherwise alter the appearance or the state of the body without the permission of the medical examiner or the district attorney. [1973 c.408 §14; 2017 c.151 §15]

Source: Section 146.103 — Removal of body, effects or weapons prohibited without consent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 146.085 — OR Code / Title 14 / Chapter 146 / Section 146.085
146.085 Medical-legal death investigators
Status: in_force

(1) The district medical examiner shall appoint, subject to the approval of the district attorney and applicable civil service regulations, qualified medical-legal death investigators, including the sheriff or a deputy sheriff and a member of the Oregon State Police for each county. Other peace officers may also be appointed as medical-legal death investigators.

(2) The district medical examiner and the district attorney shall establish qualifications for medical-legal death investigators.

(3) Each medical-legal death investigator shall be individually appointed and the name of the medical-legal death investigator shall be on file in the office of the district medical examiner.

(4) A medical-legal death investigator shall investigate deaths subject to the control and direction of the district medical examiner or the district attorney.

(5) A medical-legal death investigator may authorize the removal of the body of a deceased person from the apparent place of death.

(6) The medical-legal death investigator may not authorize embalming, order a post-mortem examination or autopsy, or certify the cause and manner of death. [1973 c.408 §11; 2017 c.151 §11]

Source: Section 146.085 — Medical-legal death investigators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 131.363 — OR Code / Title 14 / Chapter 131 / Section 131.363
131.363 Change of venue in other cases
Status: in_force

For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 §20]

Source: Section 131.363 — Change of venue in other cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.215 — OR Code / Title 14 / Chapter 147 / Section 147.215
147.215 Attorney General as legal adviser to department
Status: in_force

(1) The Attorney General shall serve as legal adviser to the Department of Justice for all matters arising under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) .

(2) Law enforcement officials and other agencies of the state or local governmental units are authorized to give and shall provide any assistance or information requested by the department under ORS 147.205 (Authority of Department of Justice) (1)(b). [1977 c.376 §13; 2003 c.351 §3; 2012 c.81 §14]

Source: Section 147.215 — Attorney General as legal adviser to department; assistance by governmental agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.149 — OR Code / Title 14 / Chapter 137 / Section 137.149
137.149 Level I obligations in circuit court judgments
Status: in_force

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

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

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

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

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

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

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

(c) If the judgment contains a money award payable to any other victims, as defined in ORS 137.103 (Definitions for ORS 137.101 to 137.109) , the court shall thereafter pay the moneys credited to Type 2 obligations to those victims until those victims are paid in full. [Formerly 137.291; 2022 c.57 §5]

Source: Section 137.149 — Level I obligations in circuit court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.115 — OR Code / Title 14 / Chapter 147 / Section 147.115
147.115 Confidentiality of application information
Status: in_force

(1) All information submitted to the Department of Justice by an applicant and all hearings of the Workers’ Compensation Board under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) shall be open to the public unless the department or board determines that the information shall be kept confidential or that a closed hearing shall be held because:

(a) The alleged assailant has not been brought to trial and disclosure of the information or a public hearing would adversely affect either the apprehension or the trial of the alleged assailant;

(b) The offense allegedly perpetrated against the victim is rape, sodomy, sexual abuse, trafficking in persons or a crime involving domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , and the interests of the victim or of the victim’s dependents require that the information be kept confidential or that the public be excluded from the hearing;

(c) The victim or alleged assailant is a minor; or

(d) The interests of justice would be frustrated rather than furthered, if the information were disclosed or if the hearing were open to the public.

(2) Intentionally left blank —Ed.

(a) A record shall be kept of the proceedings held before the board and shall include the board’s findings of fact and conclusions concerning the amount of compensation, if any, to which the applicant and the dependents of a deceased victim are entitled.

(b) No part of the record of any proceedings before the board may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have committed perjury in testimony before the board.

(c) Where the interests of justice require, the board may refuse to disclose to the public the names of victims or other material in the record by which the identity of the victim could be discovered.

(3) Notwithstanding subsection (2)(b) and (c) of this section, the record of the proceedings held before the board is a public record. However, any record or report obtained by the board, the confidentiality of which is protected by any other law, shall remain confidential subject to such law.

(4) Witnesses required to appear at any proceeding before the board shall receive such fees and mileage allowance as are provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2). [1977 c.376 §9; 1989 c.980 §7a; 2012 c.81 §10; 2023 c.318 §6]

Source: Section 147.115 — Confidentiality of application information; board proceedings; use of record; witnesses before board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 137.159 — OR Code / Title 14 / Chapter 137 / Section 137.159
137.159 Level V obligations in circuit court judgments
Status: in_force

Level V obligations in criminal judgments entered in circuit courts are amounts payable for reward reimbursement under ORS 131.897 (Authority to order repayment of reward as part of sentence) . [Formerly 137.297]

(Post-Judgment Procedures)

Source: Section 137.159 — Level V obligations in circuit court judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.777 — OR Code / Title 14 / Chapter 135 / Section 135.777
135.777 Definition for ORS 135.775
Status: in_force

As used in the Agreement on Detainers, the term “appropriate court” means any court of this state that has criminal jurisdiction. [Formerly 134.615]

Source: Section 135.777 — Definition for ORS 135.775 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.542 — OR Code / Title 14 / Chapter 137 / Section 137.542
137.542 Probation conditions related to medical use of cannabis
Status: in_force

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

(2) Notwithstanding ORS 137.540 (Conditions of probation) , if a person who holds a registry identification card is sentenced to probation, supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the court would impose supervision conditions related to prescription drugs. [2016 c.24 §51; 2019 c.292 §8]

Source: Section 137.542 — Probation conditions related to medical use of cannabis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 146.109 — OR Code / Title 14 / Chapter 146 / Section 146.109
146.109 Notification of next of kin
Status: in_force

(1) Upon identifying the body, the medical examiner shall immediately attempt to locate the next of kin or responsible friends to obtain the designation of a funeral home to which the deceased is to be taken.

(2) If unable to promptly obtain a designation of funeral home from the next of kin or responsible friends, the medical examiner or medical-legal death investigator shall designate the funeral home. In designating the funeral home, the medical examiner or medical-legal death investigator shall be fair and equitable among the funeral homes listed in the office of the district medical examiner. [1973 c.408 §16; 2017 c.151 §17]

Source: Section 146.109 — Notification of next of kin , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 144.650 — OR Code / Title 14 / Chapter 144 / Section 144.650
144.650 Notice of intention to apply for pardon, commutation or remission
Status: in_force

(1) When an application for a pardon, commutation or remission is made to the Governor, a copy of the application, signed by the person applying and stating fully the grounds of the application, shall be served upon:

(a) The district attorney of the county where the conviction occurred;

(b) If the person applying is housed in a correctional facility within the State of Oregon, the district attorney of the county in which the correctional facility is located;

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

(d) The Director of the Department of Corrections.

(2) Proof by affidavit of the service shall be presented to the Governor.

(3) Upon receiving a copy of the application, the district attorney of the county where the conviction occurred shall:

(a) Notify the victim of the crime concerning the application and the victim’s right to provide the Governor with any information relevant to the Governor’s decision;

(b) Provide the Governor with any information relevant to the Governor’s decision that the victim wishes to have provided; and

(c) Provide the Governor with copies of the following documents:

(A) Police and other investigative reports;

(B) The charging instrument;

(C) The plea petition, if applicable;

(D) The judgment of conviction and sentence;

(E) Any victim impact statements submitted or filed; and

(F) Any documents evidencing the applying person’s payment or nonpayment of restitution or compensatory fines ordered by the court.

(4) In addition to providing the documents described in subsection (3) of this section, upon receiving a copy of the application for pardon, commutation or remission, any person or agency named in subsection (1) of this section shall provide to the Governor as soon as practicable such information and records relating to the case as the Governor may request and shall provide further information and records relating to the case that the person or agency considers relevant to the issue of pardon, commutation or remission, including but not limited to:

(a) Statements by the victim of the crime or any member of the victim’s immediate family, as defined in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) ;

(b) A statement by the district attorney of the county where the conviction occurred; and

(c) Photos of the victim and the autopsy report, if applicable.

(5) Following receipt by the Governor of an application for pardon, commutation or remission, the Governor shall not grant the application for at least 30 days. Upon the expiration of 180 days, if the Governor has not granted the pardon, commutation or remission applied for, the application shall lapse. Any further proceedings for pardon, commutation or remission in the case shall be pursuant only to further application and notice. [Formerly 143.040; 1983 c.776 §1; 1987 c.320 §79; 1995 c.805 §1; 2019 c.369 §5]

Source: Section 144.650 — Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 132.390 — OR Code / Title 14 / Chapter 132 / Section 132.390
132.390 When the grand jury may indict
Status: in_force

The grand jury may find an indictment when all the evidence before it, taken together, is such as in its judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury. [Amended by 1973 c.836 §51]

Source: Section 132.390 — When the grand jury may indict , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 131a.025 — OR Code / Title 14 / Chapter 131a / Section 131a.025
131A.025 Consensual search of motor vehicle
Status: in_force

(1) Notwithstanding any other provision of this chapter, property that is seized solely on the basis of a consensual search of a motor vehicle is not subject to forfeiture unless, before obtaining the consent of a person for the search, the person is provided with written, multilingual notice of the right of the person to refuse to consent to the search. The notice shall include at least the following information:

(a) Notice that the person has a right to refuse to consent to a search.

(b) Notice that a refusal to consent to a search cannot be used against the person for any purpose.

(c) Notice that anything found in the search can be seized as evidence of a crime or can be seized for forfeiture.

(2) A notice or consent form under this section shall be considered multilingual if the notice or form provides information in at least English and Spanish. [2009 c.78 §5]

Source: Section 131A.025 — Consensual search of motor vehicle; required notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.290 — OR Code / Title 14 / Chapter 135 / Section 135.290
135.290 Punishment by contempt of court
Status: in_force

(1) A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant’s breach is punishable by contempt.

(2) A defendant may be punished by contempt if the defendant knowingly:

(a) Breaches any of the regulations in the release agreement imposed pursuant to ORS 135.260 (Conditional release) ; or

(b) Violates an order entered under ORS 135.247 (Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence) . [1973 c.836 §157; 2011 c.232 §2]

Source: Section 135.290 — Punishment by contempt of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 144.720 — OR Code / Title 14 / Chapter 144 / Section 144.720
144.720 Judge’s power to suspend execution of sentence or grant probation prior to commitment
Status: in_force

Nothing in ORS 144.005 (State Board of Parole and Post-Prison Supervision) to 144.025 (Chairperson) , 144.040 (Board to determine parole and post-prison supervision violations) , 144.050 (Power of board to authorize parole) , 144.060 (Acceptance of funds or property) , 144.075 (Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation) , 144.185 (Records and information available to board) , 144.226 (Examination by psychiatrist or psychologist of person sentenced as dangerous offender) , 144.228 (Periodic parole consideration hearings for dangerous offenders) , 144.260 (Notice of prospective release on parole or post-prison supervision) to 144.380 (Violator as fugitive from justice) , 144.410 (Definitions for ORS 144.410 to 144.525) to 144.610 (Out-of-state supervision of parolees) , 144.620 (Short title) , 144.710 (Cooperation of public officials with State Board of Parole and Post-Prison Supervision and Department of Corrections) or this section shall be construed as impairing or restricting the power given by law to the judge of any court to suspend execution of any part of a sentence or to impose probation as part of a sentence to any person who is convicted of a crime before such person is committed to serve the sentence for the crime. [Amended by 1985 c.283 §5; 1989 c.790 §47b; 1993 c.14 §17]

Source: Section 144.720 — Judge’s power to suspend execution of sentence or grant probation prior to commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131a.030 — OR Code / Title 14 / Chapter 131a / Section 131a.030
131A.030 Seizure of motor vehicle with hidden compartment
Status: in_force

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

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

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

(2) Notwithstanding ORS 131A.360 (Distribution of forfeiture proceeds by local government) and 131A.365 (Distribution of forfeiture proceeds by state) , if the motor vehicle with a hidden compartment is forfeited and the seizing agency:

(a) Retains the motor vehicle for law enforcement purposes, the agency shall deduct the cost of disabling the hidden compartment from the value of the motor vehicle before making the distribution described in ORS 131A.360 (Distribution of forfeiture proceeds by local government) and 131A.365 (Distribution of forfeiture proceeds by state) .

(b) Does not retain the motor vehicle for law enforcement purposes and determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle, the agency shall sell the motor vehicle for scrap or salvage and distribute the proceeds of the sale according to ORS 131A.360 (Distribution of forfeiture proceeds by local government) and 131A.365 (Distribution of forfeiture proceeds by state) . The seizing agency shall ensure that the person to whom the motor vehicle is sold disables the hidden compartment or the motor vehicle.

(3) If a motor vehicle with a hidden compartment is forfeited and the seizing agency sells the motor vehicle, the agency shall deduct the cost of disabling the hidden compartment from the proceeds of the sale as a cost of prosecuting the case under ORS 131A.360 (Distribution of forfeiture proceeds by local government) (3) and 131A.365 (Distribution of forfeiture proceeds by state) (2). [2009 c.874 §7]

Source: Section 131A.030 — Seizure of motor vehicle with hidden compartment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 131.940 — OR Code / Title 14 / Chapter 131 / Section 131.940
131.940 Analysis of stop data to identify profiling
Status: in_force

(1) The Oregon Criminal Justice Commission shall review all data, including the prevalence and disposition of officer-initiated pedestrian and traffic stops, reported by law enforcement agencies pursuant to ORS 131.935 (Collection of officer-initiated stop data) in order to identify patterns or practices of profiling.

(2) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to review the data as described in subsection (1) of this section.

(3) No later than December 1, 2019, and annually thereafter, the commission shall report the results of the review to the Governor, the Department of Public Safety Standards and Training and, in the manner provided in ORS 192.245 (Form of report to legislature) , to the committees or interim committees of the Legislative Assembly related to the judiciary. [2017 c.706 §3]

Source: Section 131.940 — Analysis of stop data to identify profiling; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 153.820 — OR Code / Title 14 / Chapter 153 / Section 153.820
153.820 Special procedures for parking violations in Multnomah County
Status: in_force

(1) A court may use the procedure provided in this section only in a county with a population of more than 500,000.

(2) The court may proceed to make a determination without a hearing on a citation for a parking violation if:

(a) None of the registered owners of the vehicle appears within the time allowed at the court specified in the citation;

(b) Notice of the citation and the provisions of this section are mailed to the registered owner or owners of the vehicle at the address or addresses reflected in the records of the Department of Transportation; and

(c) No request for hearing or other appearance is filed with the court within 60 days after the mailing date of the notice required by paragraph (b) of this subsection.

(3) The court may proceed to make a determination without a hearing on a citation for a parking violation if at least one of the registered owners of the vehicle appears within the time allowed at the court specified in the citation and requests a hearing, but thereafter fails to appear at the time, date and court set for any subsequent hearing in the matter. If a determination is made under the provisions of this subsection, the court shall mail notice of any sentence and judgment to the registered owner or owners of the vehicle at the address or addresses reflected in the records of the Department of Transportation.

(4) A determination under this section shall be on the citation and on any evidence that the court may, in its discretion, determine to be appropriate.

(5) Upon making a determination under this section, the court may enter judgment and, if the determination is one of conviction, may impose a sentence of a fine within the limits established for the parking violation along with a money award for costs, assessments and other amounts authorized by law.

(6) A sentence to pay a fine under this section does not prevent:

(a) Taking any other action against the person as permitted by law for the person’s failure to comply, including, but not limited to, sentencing the person further as permitted by law after the person is brought to hearing.

(b) Following any procedures established by law when the person fails to appear.

(7) On motion and upon such terms as are just, the court may relieve a person from a judgment entered under this section upon a showing that the failure of the person to appear was due to mistake, inadvertence, surprise or excusable neglect. The motion must be made within a reasonable time, and in no event more than one year after entry of judgment in the matter.

(8) A judgment may be entered under this section only if the citation issued to the person contains a statement notifying the person that a judgment may be entered against the person up to the maximum amount of fines, assessments and other costs allowed by law for the parking violation if the person fails to appear at the time, date and court specified in the citation or fails to appear at subsequently scheduled hearings in the matter.

(9) Notwithstanding any other provision of law, a judgment entered under this section does not create a judgment lien and cannot become a judgment lien by any means. [1997 c.801 §98; 2003 c.576 §172]

Source: Section 153.820 — Special procedures for parking violations in Multnomah County , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.395 — OR Code / Title 14 / Chapter 135 / Section 135.395
135.395 Determining accuracy of plea
Status: in_force

After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. [1973 c.836 §169]

Source: Section 135.395 — Determining accuracy of plea , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 146.065 — OR Code / Title 14 / Chapter 146 / Section 146.065
146.065 Local medical examiners
Status: in_force

(1) In each county there shall be a medical examiner for the purpose of investigating and certifying the cause and manner of deaths requiring investigation.

(2) Each district medical examiner shall be appointed by the Chief Medical Examiner with approval of the appropriate board or boards of commissioners and may be discharged by the Chief Medical Examiner without such approval.

(3) If the position of district medical examiner is vacant, the local health officer shall temporarily act as medical examiner in cooperation with the Chief Medical Examiner until the vacancy is filled.

(4) If the positions of district medical examiner and local health officer are both vacant, the district attorney shall temporarily act as medical examiner in cooperation with the Chief Medical Examiner until the vacancy is filled.

(5) Two or more counties, with the approval of the State Medical Examiner Advisory Board and commissioners of each county, may form a district medical examiner’s office instead of an office for each such county.

(6) When a county or district has a population of 200,000 or more persons, the Chief Medical Examiner may, with the approval of the State Medical Examiner Advisory Board, appoint a Deputy State Medical Examiner for that county or district.

(7) The compensation of the Deputy State Medical Examiner shall be paid by the state from funds available for such purpose.

(8) The services of the Deputy State Medical Examiner may be contracted by the Department of State Police. These contracts may be terminated by either party at any time by written notice to the other party to the agreement and, upon termination, the appointment of such Deputy State Medical Examiner is terminated. [1973 c.408 §7; 1995 c.744 §11; 2015 c.736 §50; 2017 c.151 §9]

Source: Section 146.065 — Local medical examiners; appointment; Deputy State Medical Examiner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 146.102 — OR Code / Title 14 / Chapter 146 / Section 146.102
146.102 Guidance concerning overdose death communication
Status: in_force

(1) As used in this section:

(a) “Cause of death” has the meaning given that term in ORS 146.003 (Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992) .

(b) “Local mental health authority” has the meaning given that term in ORS 430.630 (Services to be provided by community mental health programs) .

(c) “Manner of death” has the meaning given that term in ORS 146.003 (Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992) .

(d) “Opioid” means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the body and brain to reduce the intensity of pain signals and feelings of pain.

(e) “Opioid overdose” means a medical condition that causes depressed consciousness, depressed respiratory function or the impairment of vital bodily functions as a result of ingesting opioids.

(f) “Third-party notification” means notification from a source other than a patient in a program administered by a local mental health authority during the patient’s treatment.

(g) “Urban Indian health program” means an urban Indian health program in this state that is operated by an urban Indian organization pursuant to 25 U.S.C. 1651 et seq.

(2) Intentionally left blank —Ed.

(a) The Oregon Health Authority shall provide guidance for communication among local mental health authorities to improve notifications and information sharing when an individual who is 24 years of age or younger dies and the presumed cause of death is suspected to be the result of an opioid overdose or other overdose. The guidance may address community opioid overdose and other overdose response and efforts to address the potential of future related deaths. The Oregon Health Authority may collaborate with the following entities in providing the guidance described in this subsection:

(A) Local mental health authorities;

(B) The nine federally recognized Indian tribes in this state;

(C) County juvenile departments;

(D) Community-based substance use disorder treatment programs;

(E) Urban Indian health programs;

(F) The Oregon Youth Authority;

(G) The Department of Human Services;

(H) Community developmental disabilities programs; and

(I) Any other organization identified by the Oregon Health Authority or a local mental health authority as necessary to preserve the public health.

(b) The Oregon Health Authority may develop post-intervention guidance to enable local mental health authorities to deploy uniform and effective post-intervention efforts. In developing the guidance, the authority may consult with the entities described in paragraph (a) of this subsection.

(3) No later than 72 hours after receiving a third-party notification, including notice under ORS 146.100 (Where death considered to have occurred) , of the death of an individual described in subsection (2)(a) of this section, if the decedent was not domiciled in the county where the death occurred, the local mental health authority shall provide notice of the death to the local mental health authority in the county where the decedent was domiciled.

(4) The local mental health authority in the county where an individual described in subsection (2)(a) of this section was domiciled may notify the local mental health authority in any other county in which the decedent had significant contacts, as described by the Oregon Health Authority by rule.

(5) After receiving notice of the death of an individual described in subsection (2)(a) of this section, each local mental health authority in a county in which the decedent had significant contacts may inform the Oregon Health Authority, in a manner and format determined by the authority, of activities implemented to support individuals and any local entities affected by the death and to prevent the risk of future related deaths. The Oregon Health Authority may serve as a resource to the local mental health authorities as needed by the community.

(6) In compliance with any state or federal laws regulating public disclosure of such information, the notification described in subsections (3) and (4) of this section must contain the following information regarding the decedent to enable the local mental health authorities described in subsections (3) and (4) of this section to deploy effective post-intervention efforts:

(a) The name of the decedent;

(b) The dates of birth and death of the decedent;

(c) The suspected manner of death;

(d) The suspected cause of death; and

(e) Any other information that the local mental health authority determines necessary to preserve the public health. [2023 c.593 §20]

Note: 146.102 (Guidance concerning overdose death communication) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 146 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 146.102 — Guidance concerning overdose death communication; notification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 137.476 — OR Code / Title 14 / Chapter 137 / Section 137.476
137.476 Assistance by licensed health care professional or nonlicensed medically trained person
Status: in_force

(1) Notwithstanding any other law, a licensed health care professional or a nonlicensed medically trained person may assist the Department of Corrections in an execution carried out under ORS 137.473 (Means of inflicting death) .

(2) Any assistance rendered in an execution carried out under ORS 137.473 (Means of inflicting death) by a licensed health care professional or a nonlicensed medically trained person is not cause for disciplinary measures or regulatory oversight by any board, commission or agency created by this state or governed by state law that oversees or regulates the practice of health care professionals including, but not limited to, the Oregon Medical Board, the Oregon State Board of Nursing and the Oregon Health Authority.

(3) The infliction of the punishment of death by the administration of the required lethal substances in the manner required by ORS 137.473 (Means of inflicting death) may not be construed to be the practice of medicine.

(4) As used in this section, “licensed health care professional” includes, but is not limited to, a physician, physician assistant, nurse practitioner or nurse licensed by the Oregon Medical Board or the Oregon State Board of Nursing or an emergency medical services provider licensed by the Oregon Health Authority. [1999 c.1055 §9; 2011 c.703 §25]

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

Source: Section 137.476 — Assistance by licensed health care professional or nonlicensed medically trained person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131.576 — OR Code / Title 14 / Chapter 131 / Section 131.576
131.576 Order restoring custody of property after expedited hearing
Status: in_force

(1) An order restoring custody to a petitioner under ORS 131.573 (Petition for expedited hearing) shall:

(a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;

(b) Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and

(c) Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 (Prosecution of criminal forfeiture) and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture.

(2) An order restoring custody to a petitioner under ORS 131.573 (Petition for expedited hearing) may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property.

(3) An order restoring custody to a petitioner under ORS 131.573 (Petition for expedited hearing) is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 §10]

Source: Section 131.576 — Order restoring custody of property after expedited hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.155 — OR Code / Title 14 / Chapter 131 / Section 131.155
131.155 Tolling of statute
Status: in_force

Notwithstanding ORS 131.145 (When time starts to run) , in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 §9]

Source: Section 131.155 — Tolling of statute; three-year maximum , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131.880 — OR Code / Title 14 / Chapter 131 / Section 131.880
131.880 Appointment of railroad police officers
Status: in_force

The Governor, upon application of any railroad company operating in this state, may appoint and commission, during the pleasure of the Governor, persons designated by the company and to serve at the expense of the company, as police officers, with the powers of peace officers and who, after being duly sworn, may act as police officers to protect the railroad company property and the persons or property of the railroad company passengers or employees. The railroad company designating such persons is civilly responsible for any abuse of their authority. [1973 c.676 §1]

Source: Section 131.880 — Appointment of railroad police officers; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 131a.255 — OR Code / Title 14 / Chapter 131a / Section 131a.255
131A.255 Standards of proof in forfeiture action
Status: in_force

(1) In all forfeiture actions, the forfeiting agency must prove that a person has been convicted of a crime that constitutes prohibited conduct, and that the property to be forfeited is:

(a) Proceeds of the crime for which the person has been convicted;

(b) An instrumentality of the crime for which the person has been convicted;

(c) Proceeds of one or more other crimes similar to the crime for which the person was convicted; or

(d) An instrumentality of one or more other crimes similar to the crime for which the person was convicted.

(2) A forfeiting agency may seek forfeiture of the property of a claimant who has been convicted of a crime that constitutes prohibited conduct if the property to be forfeited meets the requirements of subsection (1) of this section. A forfeiting agency may seek forfeiture of the property of a claimant who has not been convicted of a crime if the forfeiting agency proves that:

(a) Another person has been convicted of a crime that constitutes prohibited conduct;

(b) The property to be forfeited meets the requirements of subsection (1) of this section; and

(c) The claimant:

(A) Took the property with the intent to defeat forfeiture of the property;

(B) Knew or should have known that the property was proceeds of prohibited conduct; or

(C) Acquiesced in the prohibited conduct.

(3) Except as provided in subsection (5) of this section, if the property to be forfeited in a forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (2) of this section by a preponderance of the evidence. If the property to be forfeited in a forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (2) of this section by clear and convincing evidence.

(4) For the purposes of subsection (2)(c) of this section, a claimant shall be considered to have acquiesced in prohibited conduct if the claimant knew of the prohibited conduct and failed to take reasonable action under the circumstances to terminate the prohibited conduct or prevent use of the seized property to facilitate the prohibited conduct.

(5) If the forfeiting agency establishes in a forfeiture action that cash, weapons or negotiable instruments were found in close proximity to controlled substances or to instrumentalities of prohibited conduct, the burden is on any person claiming the cash, weapons or negotiable instruments to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are not proceeds of prohibited conduct or an instrumentality of prohibited conduct. [2009 c.78 §32]

Source: Section 131A.255 — Standards of proof in forfeiture action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 144.615 — OR Code / Title 14 / Chapter 144 / Section 144.615
144.615 Hearing procedure
Status: in_force

(1) Any hearing pursuant to ORS 144.613 (Notice when parole or probation violated) to 144.617 (Hearing on violation in another state) may be before the administrator of the Uniform Act for Out-of-State Supervision, a deputy of the Director of the Department of Corrections or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that no hearing officer shall be the person making the allegation of violation.

(2) With respect to any hearing pursuant to ORS 144.613 (Notice when parole or probation violated) to 144.617 (Hearing on violation in another state) , the parolee or probationer:

(a) Shall have reasonable notice in writing of the nature and content of the allegations to be made, including notice that its purpose is to determine whether there is probable cause to believe that the parolee or probationer has committed a violation that may lead to a revocation of parole or probation.

(b) Shall be permitted to confer with any person whose assistance the parolee or probationer reasonably desires, prior to the hearing.

(c) Shall have the right to confront and examine any persons who have made allegations against the parolee or probationer, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person or persons.

(d) May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of the contentions of the parolee or probationer. A record of the proceedings shall be made and preserved. [1973 c.489 §§2,3; 1987 c.320 §78]

Source: Section 144.615 — Hearing procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 144.637 — OR Code / Title 14 / Chapter 144 / Section 144.637
144.637 Rules
Status: in_force

The Department of Corrections and the State Board of Parole and Post-Prison Supervision, in consultation with local supervisory authorities, shall jointly adopt rules establishing:

(1) Procedures for identifying sexually violent dangerous offenders; and

(2) Methods of intensive supervision for sexually violent dangerous offenders. [1999 c.924 §2]

Note: See note under 144.635 (Intensive supervision) .

Source: Section 144.637 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.617 — OR Code / Title 14 / Chapter 136 / Section 136.617
136.617 Motion to compel witness who may be incriminated to testify
Status: in_force

In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760 (Civil penalties) , or in any proceeding for the imposition of remedial or punitive sanction for contempt, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be incriminated thereby, the prosecuting attorney may move the court to order the witness to testify or produce evidence. The court shall forthwith hold a summary hearing at which the prosecuting attorney shall show reasonable cause to believe the witness possesses knowledge relevant to the proceeding, or that no privilege protects the evidence sought to be produced. The witness may show cause why the witness should not be compelled to testify or produce evidence. The court shall order the witness to testify regarding the subject matter under inquiry upon such showing of reasonable cause or shall order the production of evidence upon a finding that no privilege protects the evidence sought, unless the court finds that to do so would be clearly contrary to the public interest. The court shall hold the summary hearing outside the presence of the jury and the public and may require the prosecuting attorney to disclose the purpose of the testimony or evidence. The witness shall be entitled to be represented by counsel at the summary hearing. [Formerly 139.190; 1975 c.255 §14; 1981 c.882 §1; 1991 c.724 §25a]

Source: Section 136.617 — Motion to compel witness who may be incriminated to testify , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.560 — OR Code / Title 14 / Chapter 137 / Section 137.560
137.560 Copies of certain judgments to be sent to Department of Corrections
Status: in_force

Within 10 days following the issuing of any judgment of suspension of imposition or execution of sentence or of probation of any person convicted of a crime, or of the continuation, extension, modification or revocation of any such judgment, or of the discharge of such person, or the recommendation by the court to the Governor of the pardon of such person, provided such person is under the jurisdiction of the Department of Corrections, the court issuing such a judgment shall cause prompt delivery of a copy of the same to the Director of the Department of Corrections. [Amended by 1973 c.836 §271; 1979 c.75 §1; 1987 c.320 §39; 1991 c.111 §16; 1993 c.18 §23]

Source: Section 137.560 — Copies of certain judgments to be sent to Department of Corrections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).