ORS § 137.012 — OR Code / Title 14 / Chapter 137 / Section 137.012
137.012 Suspension of imposition or execution of sentence of person convicted of certain sexual offenses
Status: in_force

If the court suspends the imposition or execution of a part of a sentence of, or imposes a sentence of probation on, any person convicted of violating or attempting to violate ORS 163.365 (Rape in the second degree) , 163.375 (Rape in the first degree) , 163.395 (Sodomy in the second degree) , 163.405 (Sodomy in the first degree) , 163.408 (Unlawful sexual penetration in the second degree) , 163.411 (Unlawful sexual penetration in the first degree) , 163.425 (Sexual abuse in the second degree) or 163.427 (Sexual abuse in the first degree) , the court shall sentence the defendant to probation for a period of at least five years and no more than the maximum statutory indeterminate sentence for the offense. [1991 c.831 §2; 1993 c.14 §2; 1993 c.301 §2; 1999 c.161 §3]

Note: 137.012 (Suspension of imposition or execution of sentence of person convicted of certain sexual offenses) 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 137.012 — Suspension of imposition or execution of sentence of person convicted of certain sexual offenses; term of probation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.957 — OR Code / Title 14 / Chapter 135 / Section 135.957
135.957 Application of ORS 36.220 to 36.238 to mediation of criminal offenses
Status: in_force

The provisions of ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) do not apply to a mediation conducted under ORS 135.951 (Authorization) or 135.953 (How mediation may be used) unless the parties to the mediation enter into a written agreement for confidentiality of the mediation. If the parties enter into a written agreement for confidentiality of the mediation, a court may not receive in evidence in any proceeding any mediation communications or mediation agreement to the extent provided by ORS 36.220 (Confidentiality of mediation communications and agreements) to 36.238 (Application of ORS 36.210 and 36.220 to 36.238) . The parties participating in mediation must be informed:

(1) Of the right to enter into a written agreement concerning confidentiality of the mediation proceedings; and

(2) That mediation communications or agreements may not be used as an admission of guilt or as evidence against the offender in any adjudicatory proceeding. [1995 c.323 §4; 1997 c.670 §13]

Note: See note under 135.951 (Authorization) .

Source: Section 135.957 — Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 147.525 — OR Code / Title 14 / Chapter 147 / Section 147.525
147.525 Rescheduling matters affected by claim, response or motion
Status: in_force

(1) Pending the hearing described in ORS 147.530 (Hearing on claim, response or motion) , the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (Notice) (4) or a motion filed under ORS 147.522 (Issue that will have impact on trial) . All other matters in the criminal proceeding shall continue in the ordinary course.

(2) In determining whether to reschedule a matter under subsection (1) of this section, in addition to other factors the court considers important, the court shall consider:

(a) The likelihood that the requested relief will be granted in light of the support in fact and law for the relief, as shown in the claim, the response filed under ORS 147.517 (Notice) (4) or the motion filed under ORS 147.522 (Issue that will have impact on trial) ;

(b) Whether the claim, response or motion is made in good faith and not for the purpose of delay;

(c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief is requested and the public that will likely result from rescheduling the matter;

(d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief is requested under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and

(e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS 136.290 (Limit on custody of defendant prior to trial) .

(3) A pretrial release decision may not be continued under this section for more than 14 days.

(4) Unless the court finds good cause to continue the trial to a later date, a trial may not be continued under this section for more than 14 days. [2009 c.178 §10]

Note: See note under 147.500 (Definitions) .

Source: Section 147.525 — Rescheduling matters affected by claim, response or motion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 146.171 — OR Code / Title 14 / Chapter 146 / Section 146.171
146.171 Unidentified human remains
Status: in_force

(1) The Superintendent of State Police shall establish and maintain a file of records relating to unidentified human remains found within the state and of which the Oregon State Police are notified under ORS 146.174 (Medical examiner to provide information about unidentified human remains) . The records shall be maintained in order to facilitate the identification of such remains.

(2) The Superintendent of State Police shall establish the file described under subsection (1) of this section after consultation with the Chief Medical Examiner to determine what areas of information generally shall be requested, obtained and preserved in the file. General areas of information determined under this section shall be for the purpose of developing file format and standard forms for collecting data to aid in identifying human remains. Information having potential value in identifying human remains shall not be excluded from a file because it does not fall within a general area of information determined under this section or is not required by federal authorities.

(3) In addition to any other file it maintains, the Department of State Police shall enter appropriate information relating to unidentified human remains into any file maintained by federal authorities to facilitate the identification of such remains. The department shall conform file entries under this subsection to the format prescribed by the authorities responsible for the federal file. [Formerly 146.505; 2017 c.151 §21]

Source: Section 146.171 — Unidentified human remains; maintenance of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 131.905 — OR Code / Title 14 / Chapter 131 / Section 131.905
131.905 Legislative findings
Status: in_force

The Legislative Assembly finds and declares that:

(1) Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or national origin.

(2) State and local law enforcement agencies can perform their missions more effectively when all Oregonians have trust and confidence that law enforcement stops and other contacts with individuals are free from inequitable and unlawful discrimination based on race, color or national origin.

(3) Representatives of community interest groups and state and local law enforcement agencies agree that collecting certain demographic data about contacts between individuals and state or local law enforcement officers will provide a statistical foundation to ensure that future contacts are free from inequitable and unlawful discrimination based on race, color or national origin.

(4) Demographic data collection can establish a factual and quantifiable foundation for measuring progress in eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals, but data collection alone does not provide a sufficient basis for corrective action. Proper analysis of the demographic data and enactment of meaningful reforms in response to the results of that analysis require careful consideration of all relevant factors including the context of the community in which the data has been collected.

(5) It is the goal of this state that all law enforcement agencies perform their missions without inappropriate use of race, color or national origin as the basis for law enforcement actions. This goal may be achieved by providing assistance to state and local law enforcement agencies and the communities that they serve.

(6) This state shall foster, encourage and support the collection and analysis of demographic data by state and local law enforcement agencies. [2001 c.687 §5]

Source: Section 131.905 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 138.527 — OR Code / Title 14 / Chapter 138 / Section 138.527
138.527 Frivolous petition or response
Status: in_force

(1) In addition to any other relief a court may grant or order under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) , the court shall award attorney fees to the prevailing party if the court finds that the other party’s petition or response was frivolous.

(2) An award of attorney fees under this section may not exceed $100.

(3) If the party required to pay attorney fees is an adult in the custody of a correctional institution, the fees may be drawn from, or charged against, the trust account of the adult in custody. [1995 c.657 §3; 2019 c.213 §23]

Note: 138.527 (Frivolous petition or response) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 138.527 — Frivolous petition or response; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 137.672 — OR Code / Title 14 / Chapter 137 / Section 137.672
137.672 Aggravating factor sentencing rules relating to gender identity of victim
Status: in_force

The Oregon Criminal Justice Commission, in the rules of the commission concerning sentencing departure factors, shall include gender identity as defined in ORS 166.155 (Bias crime in the second degree) as a characteristic of the victim constituting an aggravating factor when the characteristic was the motivation, entirely or in part, for the commission of the crime. [2019 c.553 §4]

Note: 137.672 (Aggravating factor sentencing rules relating to gender identity of victim) 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 137.672 — Aggravating factor sentencing rules relating to gender identity of victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131.945 — OR Code / Title 14 / Chapter 131 / Section 131.945
131.945 Training for law enforcement agencies
Status: in_force

(1) The Department of Public Safety Standards and Training shall receive and review reports provided to the department by the Oregon Criminal Justice Commission pursuant to ORS 131.940 (Analysis of stop data to identify profiling) .

(2) Upon receipt of a report described in subsection (1) of this section, the department may provide advice or technical assistance to any law enforcement agency mentioned within the report. Any advice or technical assistance provided shall be based on best practices in policing as determined by the Oregon Center for Policing Excellence established in ORS 181A.660 (Oregon Center for Policing Excellence) .

(3) Upon providing advice or technical assistance under this section, the department shall, within a reasonable amount of time, present a summary of the advice and assistance given to the local public safety coordinating council in the county in which the assisted law enforcement agency is located. If the assisted law enforcement agency is the Oregon State Police, the presentation shall occur in Marion County. The presentation shall be open to the public, feature live testimony by presenters and be held in accordance with ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) . [2017 c.706 §4]

Source: Section 131.945 — Training for law enforcement agencies; presentation to local public safety coordinating council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 136.420 — OR Code / Title 14 / Chapter 136 / Section 136.420
136.420 Testimony to be given orally in court
Status: in_force

In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except:

(1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 (Deposition of witness as condition of postponement) to 136.100 (Filing and use of deposition) ; or

(2) As provided in ORS 131.045 (Appearances by simultaneous electronic transmission) . [Formerly 136.530; 2009 c.219 §1]

Source: Section 136.420 — Testimony to be given orally in court; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.646 — OR Code / Title 14 / Chapter 144 / Section 144.646
144.646 Use of rules and matrix by community corrections agency
Status: in_force

When a community corrections agency reviews a proposed release plan for a sex offender, the agency shall follow the rules adopted by and utilize the decision matrix developed by the Department of Corrections under ORS 144.642 (Criteria for determining residence) in making decisions about the permanent residence of the sex offender. [2001 c.365 §4]

Note: See note under 144.641 (Definitions) .

Source: Section 144.646 — Use of rules and matrix by community corrections agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 138.305 — OR Code / Title 14 / Chapter 138 / Section 138.305
138.305 Delivery of defendant under sentence of imprisonment to intake center
Status: in_force

If the confinement designated by the court is the custody of the Department of Corrections, the defendant may be taken to a designated intake center during normal business hours unless prior arrangements have been made with the department. To the extent possible, the county taking a defendant to a designated intake center shall notify the department one business day prior to the defendant’s arrival. The county may not take the defendant to a designated intake center if the court has ordered the retention of the defendant at the place of original custody for the period of time deemed necessary by the court for preparation of an appeal. [Formerly 138.145]

Source: Section 138.305 — Delivery of defendant under sentence of imprisonment to intake center , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 137.765 — OR Code / Title 14 / Chapter 137 / Section 137.765
137.765 Sexually violent dangerous offenders
Status: in_force

(1) As used in this section:

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

(A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and

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

(b) “Sexually violent dangerous offender” means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault and presents a substantial probability of committing a crime listed in subsection (3) of this section.

(2) Notwithstanding ORS 161.605 (Maximum terms of imprisonment for felonies) , when a person is convicted of a crime listed in subsection (3) of this section, in addition to any sentence of imprisonment required by law, a court shall impose a period of post-prison supervision that extends for the life of the person if:

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

(b) The person is a sexually violent dangerous offender.

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

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

(A) Subjected to forcible compulsion by the person;

(B) Under 12 years of age; or

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

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

(c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.163 §1; 2005 c.463 §§11,16; 2007 c.16 §6; 2021 c.82 §8]

Note: 137.765 (Sexually violent dangerous offenders) to 137.771 (Resentencing hearing) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.765 — Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 135.755 — OR Code / Title 14 / Chapter 135 / Section 135.755
135.755 Dismissal on motion of court or district attorney
Status: in_force

The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to be dismissed. The reasons for the dismissal shall be set forth in the order, which shall be entered in the register. [Formerly 134.150; 1985 c.540 §35]

Source: Section 135.755 — Dismissal on motion of court or district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.525 — OR Code / Title 14 / Chapter 137 / Section 137.525
137.525 Probation for person convicted of crime described in ORS 163.305 to 163.467
Status: in_force

(1) If a person pleads guilty or no contest to, or is found guilty of, a crime described in ORS 163.305 (Definitions) to 163.467 (Private indecency) , and if the court contemplates sentencing the person to probation, the court, before entering judgment, may order that the person undergo an examination by a psychiatrist or other physician found qualified and appointed by the court to determine whether available medical treatment would be likely to reduce such biological, emotional or psychological impulses, including any paraphilia, which may be the cause of the criminal conduct and, if so, whether the person is a suitable candidate medically for such treatment. Such medical treatments may include the taking of prescribed medication.

(2) If the examining psychiatrist or other physician reports that available medical treatment would be likely to reduce the biological, emotional or psychological impulses that were a probable cause of the criminal conduct, and that the person is a suitable candidate medically for such treatment, the court may include as a condition of probation that the person participate in a prescribed program of medicine and accept medical treatment at the person’s own expense under the care of the psychiatrist or other physician appointed by the court and that the person faithfully participate in the prescribed program of medical treatment during the course of the probation.

(3) A sentence of probation under this section shall not be imposed except upon the written consent of the convicted person. Probation under this section may be revoked upon any failure of the convicted person to cooperate in the treatment program, including, but not limited to, any failure to meet with the treating physician as directed by the physician or to take medication or otherwise to participate in the prescribed program of medical treatment during the course of the probation. [1987 c.908 §3; 1993 c.14 §9]

Source: Section 137.525 — Probation for person convicted of crime described in ORS 163.305 to 163.467; examination; report; written consent of convicted person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 146.121 — OR Code / Title 14 / Chapter 146 / Section 146.121
146.121 Disposition of body
Status: in_force

(1) No person shall bury or otherwise dispose of the body of a person whose death required investigation, without having first obtained a burial, cremation or reduction permit, or a report of death completed and signed by a medical examiner.

(2) When a medical examiner investigates the death of a person whose body is not claimed by a friend or relative within five days of the date of death, the sheriff or, in counties having a population of 400,000 or more, the medical examiner shall dispose of the body according to the provisions of ORS 97.170 (Disposition of unclaimed body of deceased person) to 97.210 (Exceptions to application of ORS 97.170 to 97.200) .

(3) If the medical examiner is unable to dispose of the body of a deceased person according to subsection (2) of this section, the medical examiner may order in writing that the body be either cremated, reduced or plainly and decently buried.

(4) The sheriff or medical examiner shall file a copy of the report of death, the order for disposition and a verified statement of the expenses of the cremation, reduction or burial with the board of county commissioners. The board of county commissioners shall pay such expenses, or any proportion thereof as may be available, from county funds annually budgeted for this purpose. [1973 c.408 §19; 1995 c.744 §16; 2013 c.366 §68; 2021 c.296 §25]

Source: Section 146.121 — Disposition of body; filing; expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 147.430 — OR Code / Title 14 / Chapter 147 / Section 147.430
147.430 Speedy trial
Status: in_force

(1) A victim in a criminal or juvenile delinquency proceeding has the following rights:

(a) The right to have the trial or adjudication, including the imposition and execution of the sentence or disposition, conducted with all practicable speed.

(b) The right to the prompt and final conclusion of the criminal or juvenile delinquency proceeding in any related appellate or post-judgment proceeding.

(2) The sole remedy for a violation of the rights described in subsection (1) of this section is for the trial or proceeding to promptly occur or for the sentence to be promptly imposed or executed. This remedy may not be imposed if the remedy would:

(a) Affect the defendant’s due process right to adequately prepare and present a defense;

(b) Impair the right of the defendant to a fair and impartial hearing in accordance with the Oregon and United States Constitutions; or

(c) Impair the ability of the state to prepare and locate witnesses.

(3) Nothing in this section authorizes:

(a) The dismissal of a criminal or juvenile delinquency proceeding;

(b) The imposition of sanctions against the state or the defendant; or

(c) A court to sever into separate trials or proceedings a single charging instrument alleging criminal acts committed against multiple victims.

(4) Upon the victim’s request, the state may assert the rights of the victim on behalf of the victim.

(5) A victim who intends to assert a right described in this section must assert the right:

(a) Orally, at any critical stage of the proceedings as described in section 42, Article I of the Oregon Constitution; or

(b) In writing, after providing a copy to the parties.

(6) When a victim asserts a right described in this section, the court may hold a hearing or resolve the issue based on the record of the case.

(7) As used in this section, “victim” means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. [2009 c.563 §1]

Note: 147.430 (Speedy trial) 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 147.430 — Speedy trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 144.610 — OR Code / Title 14 / Chapter 144 / Section 144.610
144.610 Out-of-state supervision of parolees
Status: in_force

The Governor of this state may execute a compact on behalf of the State of Oregon with any of the United States joining therein in the form substantially as follows:

A compact entered into by and among the contracting states signatory hereto with the consent of the Congress of the United States of America granted by an Act entitled, “An Act Granting the Consent of Congress to any Two or More States to Enter into Agreements or Compacts for Cooperative Effort and Mutual Assistance in the Prevention of Crime and for Other Purposes.”

The contracting states agree:

(1) That the judicial and administrative authorities of a state party to this compact (herein called “sending state”) may permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called “receiving state”) while on a probation or parole, if:

(a) Such person is in fact a resident of, or has the family of the person residing within, the receiving state and can obtain employment there;

(b) Though not a resident of the receiving state and not having the family of the person residing there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.

A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which the person has been convicted.

(2) That each receiving state shall assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.

(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon, and not reviewable within, the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there is pending against the probationer or parolee within the receiving state any criminal charge or if the probationer or parolee is suspected of having committed within such state a criminal offense, the probationer or parolee shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states party to this compact without interference.

(5) That the Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.

(6) That this compact shall become operative immediately upon its execution by any state as between it and any other state so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

(7) That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it by sending six months’ notice in writing of its intention to withdraw from the compact to the other states party hereto.

Source: Section 144.610 — Out-of-state supervision of parolees; contract with other states , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 153.535 — OR Code / Title 14 / Chapter 153 / Section 153.535
153.535 Delivery of summons for certain traffic offenses
Status: in_force

(1) Notwithstanding ORS 133.065 (Service of criminal citation) and 153.054 (Service and filing) , a summons may be delivered to a defendant personally or by mail addressed to the defendant’s last-known address if:

(a) The summons is for an alleged violation of ORS 803.315 (Failure to pay registration fee) , 811.520 (Unlawful use or failure to use lights) , 811.530 (Failure to post warnings for disabled vehicle) , 815.025 (Causing unreasonable noise with vehicle) , 815.080 (Providing safety belt, harness or child safety system that does not comply with standards) to 815.090 (Replacement of vehicle windows with unapproved material) , 815.115 (Violation of emblem requirements) , 815.130 (Improper brakes) , 815.185 (Operation without proper fenders or mudguards) , 815.210 (Operation of vehicle without approved material in windows) to 815.255 (Operation of vehicle for hire without speedometer) , 815.275 (Failure to mark end of load with light or flag when required) , 815.285 (Failure to carry roadside vehicle warning devices) , 816.030 (Selling noncomplying lighting equipment) to 816.300 (Operation with nonstandard lighting equipment) , 816.330 (Operation without required lighting equipment) , 816.350 (Prohibitions on number and kind of lights for certain vehicles) , 816.360 (Use of prohibited lighting equipment) or 820.360 (Illegal ambulance lighting equipment) to 820.380 (Illegal ambulance or emergency vehicle sirens) ;

(b) The enforcement officer gave a warning for violation of the statute to the defendant based on the officer’s observation at the time the violation occurred; and

(c) After the issuance of the warning, the enforcement officer determines that the defendant received two or more warnings within the year immediately preceding the issuance of the warning for violations of the statutes specified in paragraph (a) of this subsection.

(2) Notwithstanding ORS 133.065 (Service of criminal citation) and 153.054 (Service and filing) , a summons may be delivered to a defendant personally or by mail addressed to the defendant’s last-known address if:

(a) The summons is for an alleged violation of ORS 807.010 (Operating vehicle without driving privileges or in violation of license restrictions) , 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked) ;

(b) The enforcement officer gave a warning for a traffic violation to the defendant; and

(c) After the issuance of the warning, the enforcement officer determines that the defendant had no valid operator license at the time of the warning.

(3) Proof of mailing summons under this section is sufficient proof of delivery of summons for purposes of ORS 133.065 (Service of criminal citation) and 153.054 (Service and filing) . [Formerly 484.180; 1983 c.338 §890; 1985 c.597 §24; 1987 c.730 §7; 1989 c.782 §36; 1999 c.1051 §80; 2001 c.335 §6]

Source: Section 153.535 — Delivery of summons for certain traffic offenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 137.680 — OR Code / Title 14 / Chapter 137 / Section 137.680
137.680 Development of specialty court standards
Status: in_force

(1) As used in this section, “specialty courts” means drug court programs as defined in ORS 3.450 (Drug court programs) , veterans’ courts, mental health courts or any other similar court or docketing system.

(2) Intentionally left blank —Ed.

(a) The Oregon Criminal Justice Commission shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of the best practices applicable to specialty courts.

(b) After consulting with the Judicial Department, the commission shall develop evidence-based standards that may be applied to specialty courts. The standards must:

(A) Be designed to reduce recidivism in a cost-effective manner; and

(B) When appropriate, target medium-risk and high-risk offenders.

(3) The Chief Justice of the Supreme Court may issue an order applicable to specialty courts. The order may include a requirement that a circuit court that operates a specialty court review the standards described in subsection (2) of this section. [2013 c.649 §39]

Note: 137.680 (Development of specialty court standards) 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 137.680 — Development of specialty court standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.347 — OR Code / Title 14 / Chapter 144 / Section 144.347
144.347 Subpoena power of board
Status: in_force

(1) Upon request of any party to the hearing provided in ORS 144.343 (Hearing required on revocation) and upon a proper showing of the general relevance and reasonable scope of the testimony to be offered, the board or its designated representatives shall issue subpoenas requiring the attendance and testimony of witnesses. In any case, the board, on its own motion, may issue subpoenas requiring the attendance and testimony of witnesses.

(2) Upon request of any party to the hearing provided in ORS 144.343 (Hearing required on revocation) and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the board or its designated representative shall issue subpoenas duces tecum. In any case, the board, on its own motion, may issue subpoenas duces tecum.

(3) Witnesses appearing under subpoena, other than the parties or state officers or employees, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2). If the board or its designated representative certifies that the testimony of a witness was relevant and material, any person who has paid fees and mileage to that witness shall be reimbursed by the board.

(4) If any person fails to comply with a subpoena issued under subsection (1) or (2) of this section or any party or witness refuses to testify regarding any matter on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the board or its designated representative or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court. [1973 c.694 §15; 1983 c.489 §3; 1989 c.980 §7]

Source: Section 144.347 — Subpoena power of board; reimbursement for costs; contempt proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.447 — OR Code / Title 14 / Chapter 136 / Section 136.447
136.447 Medical records
Status: repealed

Medical records may be obtained by subpoena as provided in ORCP 55 H and shall be sent only to the court or the clerk of the court before which the matter is pending. In relation to grand jury proceedings, notice need not be given as required in ORCP 55 H and the medical records shall be sent only to the grand jury. [1995 c.196 §2]

Note: ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 136.447 (Medical records) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 136.447 (Medical records) for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.

Source: Section 136.447 — Medical records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.067 — OR Code / Title 14 / Chapter 135 / Section 135.067
135.067 Effect of failure to provide true name of defendant on certain types of release
Status: in_force

If a defendant, on or after August 12, 2003, fails to provide the defendant’s true name under ORS 135.060 (Informing defendant as to use of name in accusatory instrument) or 135.065 (Name used in further proceedings) and is on personal recognizance, conditional release or security release having deposited less than the full security amount set by the magistrate, the magistrate who released the defendant, upon a motion filed by the district attorney and supported by probable cause, shall cause the defendant to be brought before the magistrate. The magistrate shall conduct a hearing to establish release according to ORS 135.245 (Release decision) . [2003 c.645 §7]

Note: 135.067 (Effect of failure to provide true name of defendant on certain types of release) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 135.067 — Effect of failure to provide true name of defendant on certain types of release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.535 — OR Code / Title 14 / Chapter 133 / Section 133.535
133.535 Permissible objects of search and seizure
Status: in_force

The following are subject to search and seizure under ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants) :

(1) Evidence of or information concerning the commission of a criminal offense;

(2) Contraband, the fruits of crime, or things otherwise criminally possessed;

(3) Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense; and

(4) A person for whose arrest there is probable cause or who is unlawfully held in concealment. [1973 c.836 §82]

Source: Section 133.535 — Permissible objects of search and seizure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.145 — OR Code / Title 14 / Chapter 136 / Section 136.145
136.145 Setting of court dates when presence of victim required
Status: in_force

When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration. The court shall inquire of the district attorney as to whether the victim has been informed of the prospective date and whether that date is convenient for the victim. [1987 c.2 §4]

Source: Section 136.145 — Setting of court dates when presence of victim required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.656 — OR Code / Title 14 / Chapter 137 / Section 137.656
137.656 Purpose and duties of commission
Status: in_force

(1) The purpose of the Oregon Criminal Justice Commission is to improve the effectiveness and efficiency of state and local criminal justice systems by providing a centralized and impartial forum for statewide policy development and planning.

(2) The primary duty of the commission is to develop and maintain a state criminal justice policy and comprehensive, long-range plan for a coordinated state criminal justice system that encompasses public safety, offender accountability, crime reduction and prevention and offender treatment and rehabilitation. The plan must include, but need not be limited to, recommendations regarding:

(a) Capacity, utilization and type of state and local prison and jail facilities;

(b) Implementation of community corrections programs;

(c) Alternatives to the use of prison and jail facilities;

(d) Appropriate use of existing facilities and programs;

(e) Whether additional or different facilities and programs are necessary;

(f) Methods of assessing the effectiveness of juvenile and adult correctional programs, devices and sanctions in reducing future criminal conduct by juvenile and adult offenders;

(g) Methods of reducing the risk of future criminal conduct; and

(h) The effective utilization of local public safety coordinating councils.

(3) Other duties of the commission are:

(a) To conduct joint studies by agreement with other state agencies, boards or commissions on any matter within the jurisdiction of the commission.

(b) To provide Oregon criminal justice analytical and statistical information to federal agencies and serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on state and local sentencing practices.

(c) To provide technical assistance and support to local public safety coordinating councils.

(d) To receive grant applications to start or expand drug court programs as defined in ORS 3.450 (Drug court programs) , to make rules to govern the grant process and to award grant funds according to the rules.

(e) To prepare the racial and ethnic impact statements described in ORS 137.683 (Racial and ethnic impact statements for proposed legislation) and 137.685 (Racial and ethnic impact statements for state measures) .

(f) To assess the extent to which each county is reducing racial and ethnic disparities in its correctional population.

(4) The commission shall establish by rule the information that must be submitted under ORS 137.010 (Duty of court to ascertain and impose punishment) (9) and the methods for submitting the information. A rule adopted under this subsection must be approved by the Chief Justice of the Supreme Court before it takes effect.

(5) The commission may:

(a) Apply for and receive gifts and grants from any public or private source.

(b) Award grants from funds appropriated by the Legislative Assembly to the commission or from funds otherwise available from any other source, for the purpose of carrying out the duties of the commission.

(c) Adopt rules to carry out the provisions of this subsection. [1995 c.420 §3; 1997 c.433 §2; 1999 c.1053 §44; 2005 c.10 §3; 2005 c.503 §11; 2005 c.706 §24; 2007 c.71 §36; 2007 c.682 §3; 2009 c.308 §1; 2013 c.600 §§7,9; 2017 c.614 §7; 2019 c.598 §3]

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

Source: Section 137.656 — Purpose and duties of commission; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.600 — OR Code / Title 14 / Chapter 136 / Section 136.600
136.600 Certain civil procedures applicable in criminal context
Status: in_force

The provisions of ORS 44.150 (Service of subpoena if witness concealed) and ORCP 39 B and 55 A(6)(d) and 55 B(4) apply in criminal actions, examinations and proceedings. [Formerly 139.110; 1979 c.284 §115; 1989 c.980 §6; 2023 c.302 §5]

Source: Section 136.600 — Certain civil procedures applicable in criminal context , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.793 — OR Code / Title 14 / Chapter 133 / Section 133.793
133.793 Penalty for disobedience to ORS 133.787
Status: in_force

Any officer who shall deliver to the agent for extradition of the demanding state a person in the custody of the officer under the Governor’s warrant in disobedience to ORS 133.787 (Rights of arrested person) commits a Class B misdemeanor. [Formerly 147.110]

Source: Section 133.793 — Penalty for disobedience to ORS 133.787 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.767 — OR Code / Title 14 / Chapter 135 / Section 135.767
135.767 Presence of prisoner at proceedings
Status: in_force

(1) Whenever the presence of an adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (2) is necessary in any criminal proceeding under ORS 135.760 (Notice requesting early trial on pending charge) to 135.773 (District attorney to furnish certain documents) , the court wherein the adult in custody is charged with the commission of a crime may:

(a) Issue an order directing the Director of the Department of Corrections or the supervisory authority of a county to surrender the adult in custody to the sheriff of the county where the adult in custody is to be tried; or

(b) Ensure that arrangements for the adult in custody to appear by simultaneous electronic transmission as described in ORS 131.045 (Appearances by simultaneous electronic transmission) have been made.

(2) The county where an adult in custody is charged with commission of a crime shall pay the costs of:

(a) Transportation and maintenance of the adult in custody removed under this section; or

(b) Providing for the adult in custody to appear by simultaneous electronic transmission.

(3) If an adult in custody is transported under this section for a criminal proceeding under ORS 135.760 (Notice requesting early trial on pending charge) to 135.773 (District attorney to furnish certain documents) , at the conclusion of the proceeding, notwithstanding the provisions of ORS 137.167 (Imprisonment when county jail is not suitable for safe confinement) , the adult in custody shall be returned by the sheriff to the custody of the Department of Corrections or the supervisory authority of the county in which the adult in custody is imprisoned.

(4) The time during which an adult is in the custody of the sheriff under this section is part of and shall be counted as time served under the original sentence. [Formerly 134.540; 1983 c.740 §14; 1987 c.320 §20; 1995 c.423 §9c; 2005 c.566 §8; 2019 c.213 §18]

Source: Section 135.767 — Presence of prisoner at proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 153.030 — OR Code / Title 14 / Chapter 153 / Section 153.030
153.030 Applicability
Status: in_force

(1) The procedures provided for in this chapter apply to violations described in ORS 153.008 (Violations described) . Except as specifically provided in this chapter, the criminal procedure laws of this state applicable to crimes also apply to violations.

(2) Notwithstanding subsection (1) of this section, ORS 153.633 (Distribution to state) and all other provisions of this chapter and of the criminal procedure laws of this state do not apply to violations that govern the parking of vehicles and that are created by ordinance or by agency rule.

(3) The statute of limitations for proceedings under this chapter is as provided in ORS 131.125 (Time limitations) .

(4) This chapter does not affect the ability of a city described in ORS 3.136 (Jurisdiction over violations of Portland charter and ordinances) (1) to engage in the activities described in ORS 3.136 (Jurisdiction over violations of Portland charter and ordinances) (3). Nothing in this chapter affects the ability of any other political subdivision of this state to provide for the administrative enforcement of the charter, ordinances, rules and regulations of the political subdivision, including enforcement through imposition of monetary penalties. Except for ordinances governing the parking of vehicles, administrative enforcement as described in this subsection may not be used for any prohibition designated as an offense.

(5) Nothing in this chapter affects the ability of any political subdivision of this state to establish rules relating to administrative enforcement as described in subsection (4) of this section, including rules providing for the use of citations or other procedures for initiating administrative enforcement proceedings.

(6) Nothing in this chapter affects the ability of any political subdivision of this state to conduct hearings for administrative enforcement as described in subsection (4) of this section, either before a hearing officer or before the governing body of the political subdivision.

(7) Nothing in this chapter affects the ability of any political subdivision to bring a civil action to enforce the charter, ordinances, rules and regulations of the political subdivision, or to bring a civil action to enforce any order for administrative enforcement as described in subsection (4) of this section.

(8) Nothing in ORS 153.042 (Citations generally) affects the authority of any political subdivision of this state to provide for issuance of citations for violation of offenses created by ordinance on the same basis as the political subdivision could under the law in effect immediately before January 1, 2000. [1999 c.1051 §7; 2011 c.597 §111a; 2012 c.89 §3]

Source: Section 153.030 — Applicability; statute of limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 153.660 — OR Code / Title 14 / Chapter 153 / Section 153.660
153.660 Use of amounts paid to county treasurer
Status: in_force

(1) If a justice or municipal court imposes a fine for any offense other than a traffic offense and the full amount of the fine imposed is collected, the last $16 of the amount collected shall be paid to the county treasurer for the county in which the court is located and may be used only for the purposes specified in this section. If the full amount of the fine imposed is not collected, the $16 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. The provisions of this subsection do not apply to fines imposed for violations of ORS 811.590 (Unlawful parking in winter recreation parking area) , 814.485 (Failure to wear protective headgear) , 814.486 (Endangering bicycle operator or passenger) , 814.534 (Failure of motor assisted scooter operator to wear protective headgear) , 814.536 (Endangering motor assisted scooter operator) , 814.600 (Failure of skateboarder, scooter rider or in-line skater to wear protective headgear) or 830.990 (Penalties) (1).

(2) Sixty percent of the amounts paid to the county treasurer under this section and under ORS 153.645 (Disposition of fines for traffic offenses) (4) and 153.650 (Disposition of fines for traffic offenses) (4) shall be deposited by the treasurer in the county treasury and may be used only for drug and alcohol programs and for the costs of planning, operating and maintaining county juvenile and adult corrections programs and facilities.

(3) Forty percent of the amounts paid to the county treasurer under this section and under ORS 153.645 (Disposition of fines for traffic offenses) (4) and 153.650 (Disposition of fines for traffic offenses) (4) shall be deposited by the treasurer in the court facilities security account established under ORS 1.182 (Court facilities security accounts) for the county in which the court is located. [2013 c.685 §13]

Source: Section 153.660 — Use of amounts paid to county treasurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 131.845 — OR Code / Title 14 / Chapter 131 / Section 131.845
131.845 Findings
Status: in_force

The court or judge shall make such findings as are justified by the facts adduced at the hearing and shall find as to whether or not the criminal laws of the state are being faithfully executed and enforced by the officers under investigation. [Formerly 148.140]

Source: Section 131.845 — Findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.375 — OR Code / Title 14 / Chapter 135 / Section 135.375
135.375 Pleading to offenses in other counties
Status: in_force

(1) As used in this section:

(a) “Initiating county” means the county in which the defendant appears for the purpose of entering a plea to a criminal charge.

(b) “Responding county” means a county in which another criminal charge is pending against the defendant entering a plea in the initiating county.

(2) Upon entry of a plea of guilty or no contest, or after conviction on a plea of not guilty, if a charge is pending against the defendant for a crime that is within the jurisdiction of a coordinate court of a responding county in the state, the defendant may state in writing that the defendant desires:

(a) To waive venue and trial in the responding county;

(b) To waive indictment by the grand jury of the responding county;

(c) To plead guilty or no contest; and

(d) To consent to disposition of the case by the court in the initiating county.

(3) Upon receipt of the request and the written approval of the district attorney of the initiating county, the clerk of the court of the initiating county shall notify the court and the district attorney of the responding county.

(4) Upon receipt of written approval from the district attorney of the responding county, the court of the initiating county may allow the defendant to enter the plea.

(5) The original judgment entered by the court of the initiating county after the defendant enters a plea under subsection (4) of this section is the same for all purposes as a judgment of the court of the responding county. [1973 c.836 §165; 1991 c.111 §11; 2017 c.252 §15]

Source: Section 135.375 — Pleading to offenses in other counties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.575 — OR Code / Title 14 / Chapter 133 / Section 133.575
133.575 Execution of warrant
Status: in_force

(1) Except as provided in ORS 136.583 (Seizure or production of papers, documents or records from recipient) , a search warrant may be executed only within the period and at the times authorized by the warrant and only by a police officer. A police officer charged with its execution may be accompanied by such other persons as may be reasonably necessary for the successful execution of the warrant with all practicable safety. Other persons may include, but are not limited to:

(a) Civil enforcement officers;

(b) Victim services providers;

(c) Law enforcement agency personnel other than police officers;

(d) Employees of a utility company;

(e) The State Fire Marshal and assistants to the State Fire Marshal, as described in ORS 476.060 (Local officers and constables as assistants to State Fire Marshal) ;

(f) Employees of a county animal shelter or other animal care agency;

(g) Towers;

(h) Personnel from federal, state or local regulatory agencies;

(i) Emergency medical services providers, as defined in ORS 682.025 (Definitions) ; and

(j) Contractors and other persons assisting with the destruction of waste.

(2) The executing officer shall, before entering the premises, give appropriate notice of the identity, authority and purpose of the officer to the person to be searched, or to the person in apparent control of the premises to be searched, as the case may be.

(3) Except as provided in ORS 133.619 (Execution of warrant authorizing mobile tracking device) , before undertaking any search or seizure pursuant to the warrant, the executing officer shall read and give a copy of the warrant to the person to be searched, or to the person in apparent control of the premises to be searched. If the premises are unoccupied or there is no one in apparent control, the officer shall leave a copy of the warrant suitably affixed to the premises. [1973 c.836 §86; 1989 c.983 §4; 2009 c.617 §2; 2023 c.216 §3]

Source: Section 133.575 — Execution of warrant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 131.315 — OR Code / Title 14 / Chapter 131 / Section 131.315
131.315 Special provisions
Status: in_force

(1) If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned.

(2) If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county.

(3) If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired.

(4) If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water.

(5) If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed.

(6) If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned.

(7) A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime.

(8) If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed.

(9) If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs.

(10) A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county.

(11) A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child.

(12) Intentionally left blank —Ed.

(a) If the offense is theft, forgery or identity theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft, forgery or identity theft was committed.

(b) If the offense is two or more offenses listed in ORS 137.717 (Presumptive sentences for certain property offenders) (2) committed against the same victim within a 180-day period, trial of the offenses may be held in any county in which one of the offenses was committed.

(13) When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which:

(a) The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or

(b) Any act that is an element of the offense occurred.

(14) When a prosecution under ORS 165.692 (Making false claim for health care payment) and 165.990 (Penalties) or 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance) and 411.990 (Penalties) (2) and (3) involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid.

(15) Intentionally left blank —Ed.

(a) If the offense is stalking under ORS 163.732 (Stalking) and involves contacts as defined in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) in more than one county, trial of the offense may be held in any county in which a contact occurred.

(b) If the offense is violating a court’s stalking protective order under ORS 163.750 (Violating a court’s stalking protective order) , trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 §15; 1987 c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7; 2007 c.584 §3; 2009 c.212 §1; 2023 c.151 §1]

Source: Section 131.315 — Special provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.280 — OR Code / Title 14 / Chapter 144 / Section 144.280
144.280 Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the State Board of Parole and Post-Prison Supervision denies parole to a prisoner sentenced for a crime committed prior to November 1, 1989, the board may not grant the prisoner a subsequent hearing that is less than two years, or more than 10 years, from the date parole is denied, unless the two-year period would exceed the maximum sentence imposed by the court.

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

(c) The board shall determine the date of the subsequent hearing pursuant to 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 a prisoner a hearing that is more than two years from the date parole is denied, the prisoner may submit a request for an interim hearing not earlier than the date that is two years from the date parole 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 parole, 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 parole 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 parole for any period of time when the prisoner would be presumed to be eligible for parole. [2009 c.660 §2]

Note: 144.280 (Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989) and 144.285 (Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 144.280 — Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 132.050 — OR Code / Title 14 / Chapter 132 / Section 132.050
132.050 Foreman
Status: in_force

The court shall appoint a foreman and an alternate foreman of the grand jury from the persons chosen to constitute that body. The alternate foreman shall have the duties and powers of the foreman in the absence of the foreman. [Amended by 1973 c.836 §37]

Source: Section 132.050 — Foreman; alternate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 136.005 — OR Code / Title 14 / Chapter 136 / Section 136.005
136.005 Challenge to jury panel
Status: in_force

(1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.

(2) A challenge to the panel shall be made before the voir dire examination of the jury.

(3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:

(a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and

(b) Grant such other relief as may be appropriate.

(4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 §222; 2001 c.779 §17]

Source: Section 136.005 — Challenge to jury panel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.105 — OR Code / Title 14 / Chapter 135 / Section 135.105
135.105 Use of statement before grand jury or on trial
Status: in_force

The statement of the defendant is competent testimony to be laid before the grand jury and may be given in evidence at the trial. [Formerly 133.700]

Source: Section 135.105 — Use of statement before grand jury or on trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 151.497 — OR Code / Title 14 / Chapter 151 / Section 151.497
151.497 “Counsel” defined for ORS 151.485 to 151.497
Status: in_force

As used in ORS 151.485 (Financial eligibility) to 151.497 (“Counsel” defined for ORS 151.485 to 151.497) unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045 (Court appointment of counsel) . [2001 c.472 §10]

Source: Section 151.497 — “Counsel” defined for ORS 151.485 to 151.497 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors151.­html (accessed May 26, 2025).
ORS § 131.890 — OR Code / Title 14 / Chapter 131 / Section 131.890
131.890 Entitlement to reward
Status: in_force

(1) Any person providing information leading to the apprehension of a person for whom a reward has been offered under ORS 131.885 (Offer of reward) is entitled to and shall be paid the reward offered under ORS 131.885 (Offer of reward) or a proportionate share thereof if more than one claimant is entitled.

(2) No public money may be used to pay a reward to a bounty hunter under this section. As used in this subsection, “bounty hunter” means a private person who is in the business of apprehending persons who have forfeited security or broken the terms of a security release, fled from justice or escaped from confinement. [Formerly 149.020; 1981 c.300 §2; 1999 c.217 §2]

Source: Section 131.890 — Entitlement to reward; use of public money to reward bounty hunter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 147.517 — OR Code / Title 14 / Chapter 147 / Section 147.517
147.517 Notice
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in subsection (3) of this section, the victim or the prosecuting attorney shall provide notice of a claim asserted by the victim to any person the victim wishes to have bound by an order granting relief by providing the person with a copy of the order to show cause described in this section. The victim or prosecuting attorney shall provide the court with a mailing address for any person the victim or prosecuting attorney provides with a copy of the order to show cause under this paragraph.

(b) An order granting relief under ORS 147.520 (Resolution of claim when response not filed) or 147.530 (Hearing on claim, response or motion) is not enforceable against, and has no legal effect on, any person who did not receive notice or have knowledge of the claim and did not have a reasonable opportunity to be heard regarding the claim.

(2) Upon receipt of a facially valid claim under ORS 147.515 (Claims) (3) or (4)(b), the court shall issue an order to show cause why the victim should not be granted relief. The court shall, after considering the requirements of ORS 147.530 (Hearing on claim, response or motion) (5)(a), include in the order to show cause the date:

(a) By which responses to the claim must be submitted to the court; and

(b) On which the court will conduct a hearing on timely responses to the claim.

(3) The court shall provide a copy of the order to show cause and of the form described in ORS 147.515 (Claims) (2)(a), if the form was completed, to:

(a) The victim;

(b) The prosecuting attorney; and

(c) The defendant.

(4) Intentionally left blank —Ed.

(a) If the court issues an order to show cause under this section, a victim, the prosecuting attorney, the defendant or any person against whom relief is requested may contest the claim by filing a response with the court before the date specified in the order under subsection (2)(a) of this section.

(b) Intentionally left blank —Ed.

(A) When a claim alleges a violation of a right granted to the victim under section 42, Article I of the Oregon Constitution, the prosecuting attorney may file an ex parte response that includes an affidavit setting forth good cause to suspend the rights established in section 42, Article I of the Oregon Constitution.

(B) The court shall review the response and affidavit in camera. If the court finds that the prosecuting attorney has a good faith belief that the criminal proceeding involves a minor victim or organized crime, as that term is defined in ORS 180.600 (Definitions) , and the court finds good cause to suspend the rights established in section 42, Article I of the Oregon Constitution, the court shall enter an order suspending those rights. The order may not include the facts that formed the basis of the suspension.

(C) The prosecuting attorney shall make a reasonable effort to provide notice of the suspension to the victim and the defendant.

(D) The response and affidavit described in this paragraph may not be disclosed and must be sealed and made a part of the record for purposes of appellate review. [2009 c.178 §7]

Note: See note under 147.500 (Definitions) .

Source: Section 147.517 — Notice; order to show cause; response , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 133.619 — OR Code / Title 14 / Chapter 133 / Section 133.619
133.619 Execution of warrant authorizing mobile tracking device
Status: in_force

(1) A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section.

(2) The officer need not inform any person of the existence or content of the warrant prior to its execution.

(3) Except as provided in subsection (4) of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant.

(4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following:

(a) If the mobile tracking device has been affixed to a vehicle, to the registered owner; and

(b) To such other persons as the court may direct in the warrant.

(5) The receipt provided for in subsection (4) of this section must include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device.

(6) A warrant authorizing the installation or tracking of a mobile tracking device shall be issued only when based upon the submission of an affidavit or oral statement as described in ORS 133.545 (Issuance of search warrant) , which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit:

(a) A particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony;

(b) A crime punishable as a felony arising under ORS 475.752 (Prohibited acts generally) , 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) , 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) or 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919) ;

(c) The crime of unlawfully transporting metal property under ORS 164.857 (Unlawfully transporting metal property) or a crime described in ORS 165.118 (Metal property offenses) ;

(d) Bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony;

(e) A violation of a criminal provision of the wildlife laws as described in ORS 496.002 (Short title) ;

(f) A violation of a criminal provision of the commercial fishing laws as described in ORS 506.001 (Contents of commercial fishing laws) ;

(g) A violation of ORS 704.020 (Registration requirement) , 704.021 (Proof of compliance with registration requirements) , 704.030 (False statements in registration application) or 704.065 (Decal to be affixed to boat) ; or

(h) A conspiracy to commit a crime listed in this subsection.

(7) A court may authorize the installation or tracking of a mobile tracking device for a period not to exceed 30 days. Upon application, the court may grant one or more extensions for a period not to exceed 30 days per extension. [1989 c.983 §2; 1991 c.625 §1; 1993 c.171 §1; 1999 c.56 §2; 2005 c.708 §44; 2009 c.811 §8; 2013 c.359 §1; 2023 c.209 §4]

Note: See note under 133.617 (“Mobile tracking device” defined) .

Source: Section 133.619 — Execution of warrant authorizing mobile tracking device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.131 — OR Code / Title 14 / Chapter 137 / Section 137.131
137.131 Community service as condition of probation for offense involving graffiti
Status: in_force

(1) The court shall impose community service as a condition of a probation sentence when a person is convicted of criminal mischief and the conduct engaged in consists of defacing property by creating graffiti unless the sentence includes incarceration in a county jail or a state correctional institution.

(2) The community service must include removing graffiti, either those that the defendant created or those created by another, or both. [1995 c.615 §5; 2009 c.15 §1]

Source: Section 137.131 — Community service as condition of probation for offense involving graffiti , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.285 — OR Code / Title 14 / Chapter 137 / Section 137.285
137.285 Retained rights of felon
Status: in_force

ORS 137.275 (Effect of felony conviction on civil and political rights of felon) to 137.285 (Retained rights of felon) do not deprive the Director of the Department of Corrections, or the director’s authorized agents, of the authority to regulate the manner in which these retained rights of convicted persons may be exercised as is reasonably necessary for the control of the conduct and conditions of confinement of convicted persons in the custody of the Department of Corrections. [1975 c.781 §3; 1979 c.284 §116; 1987 c.320 §33]

Source: Section 137.285 — Retained rights of felon; regulation of exercise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 144.135 — OR Code / Title 14 / Chapter 144 / Section 144.135
144.135 Bases of parole decisions to be in writing
Status: in_force

The board shall state in writing the detailed bases of its decisions under ORS 144.110 (Restriction on parole of persons sentenced to minimum terms) to 144.125 (Review of parole plan, psychological reports and conduct prior to release) . [1977 c.372 §9]

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

Source: Section 144.135 — Bases of parole decisions to be in writing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 135.970 — OR Code / Title 14 / Chapter 135 / Section 135.970
135.970 Information required when victim contacted by defense
Status: in_force

(1) If the victim or a witness requests, the court shall order that the victim’s or witness’s address and phone number not be given to the defendant unless good cause is shown to the court.

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

(3) A victim may not be required to be interviewed or deposed by or give discovery to the defendant, the defendant’s attorney or any agent of the defense unless the victim consents. This subsection does not prohibit the defendant from:

(a) Subpoenaing or examining the victim at trial or in a pretrial proceeding when the purpose is other than for discovery; or

(b) Subpoenaing books, papers or documents as provided in ORS 136.580 (Subpoenas when books, papers or documents are required) .

(4) Intentionally left blank —Ed.

(a) Any pretrial release order must prohibit any contact with the victim, either directly or indirectly, unless specifically authorized by the court having jurisdiction over the criminal charge. This subsection shall not limit contact by the defense attorney, or an agent of the defense attorney, other than the defendant, in the manner set forth in subsection (2) of this section.

(b) If a victim notifies the district attorney that the defendant, either directly or indirectly, threatened or intimidated the victim, the district attorney shall notify the court with jurisdiction over the criminal matter and the defense attorney. If the defendant is not in custody and the court finds there is probable cause to believe the victim has been threatened or intimidated by the defendant, either directly or indirectly, the court shall immediately issue an order to show cause why defendant’s release status should not be revoked. After conducting such hearing as it deems appropriate, if the court finds that the victim has been threatened or intimidated by the defendant, either directly or indirectly, the defendant’s release status shall be revoked and the defendant shall be held in custody with a security amount set in an amount sufficient to ensure the safety of the victim and the community.

(5) As used in this section, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime against the person or a third person and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §3; 1997 c.313 §7; 1999 c.1051 §251; 2013 c.144 §1]

Source: Section 135.970 — Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.270 — OR Code / Title 14 / Chapter 137 / Section 137.270
137.270 Effect of felony conviction on property of defendant
Status: in_force

No conviction of any person for crime works any forfeiture of any property, except in cases where the same is expressly provided by law; but in all cases of the commission or attempt to commit a felony, the state has a lien, from the time of such commission or attempt, upon all the property of the defendant for the purpose of satisfying any judgment which may be given against the defendant for any fine on account thereof and for the costs and disbursements in the proceedings against the defendant for such crime; provided, however, such lien shall not attach to such property as against a purchaser or incumbrancer in good faith, for value, whose interest in the property was acquired before the entry of the judgment against the defendant. [Formerly 137.460; 2003 c.576 §191]

Source: Section 137.270 — Effect of felony conviction on property of defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.809 — OR Code / Title 14 / Chapter 133 / Section 133.809
133.809 Release
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must make a release decision concerning the person arrested under ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court) , for the appearance of the person at a time specified in the security release or in the release agreement. [Formerly 147.160]

Source: Section 133.809 — Release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 137.128 — OR Code / Title 14 / Chapter 137 / Section 137.128
137.128 Community service as part of sentence
Status: in_force

(1) A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation. Prior to such order of community service the offender must consent to donate labor for the welfare of the public. The court or its delegate may select community service tasks that are within the offender’s capabilities and are to be performed within a reasonable length of time during hours the offender is not working or attending school.

(2) Failure to perform a community service sentence may be grounds for revocation of probation or contempt of court. [1981 c.551 §§3,5]

Source: Section 137.128 — Community service as part of sentence; effect of failure to perform community service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 136.070 — OR Code / Title 14 / Chapter 136 / Section 136.070
136.070 Postponement of trial
Status: in_force

When a case is at issue upon a question of fact and before the same is called for trial, the court may, upon sufficient cause shown by the affidavit of the defendant or the statement of the district attorney, direct the trial to be postponed for a reasonable period of time. [Amended by 1959 c.638 §18; 1973 c.836 §226]

Source: Section 136.070 — Postponement of trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.017 — OR Code / Title 14 / Chapter 137 / Section 137.017
137.017 Disposition of fines, costs and security deposits received by court
Status: in_force

Except as otherwise specifically provided by law, all fines, costs, security deposits and other amounts ordered or required to be paid in criminal actions in circuit courts are monetary obligations payable to the state and shall be deposited in the Criminal Fine Account. [1981 s.s. c.3 §102; 1983 c.763 §42; 1987 c.905 §5; 1999 c.1051 §253; 2011 c.597 §122; 2012 c.89 §2]

Source: Section 137.017 — Disposition of fines, costs and security deposits received by court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.096 — OR Code / Title 14 / Chapter 153 / Section 153.096
153.096 Suspension of fine in certain cases
Status: in_force

(1) In any proceeding for a violation under ORS 830.990 (Penalties) or 830.997 (Penalty for charter boat violations) , the court may conditionally suspend all or part of any fine or penalty to be imposed on the defendant if the defendant appears personally and agrees to complete at the defendant’s own expense a Safe Boating Education Course approved by the State Marine Board under ORS 830.110 (Powers and duties of board) (18), within time limits imposed by the court.

(2) In any proceeding for a violation under ORS 830.990 (Penalties) or 830.997 (Penalty for charter boat violations) , the court shall notify the State Marine Board if the defendant fails to appear at any time as required by law or the court, or fails to comply with any order of the court. [1999 c.1051 §96b]

Source: Section 153.096 — Suspension of fine in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 138.052 — OR Code / Title 14 / Chapter 138 / Section 138.052
138.052 Appeal from judgment of conviction and sentence of death
Status: in_force

(1) The judgment of conviction and sentence of death entered under ORS 163.150 (Sentencing for aggravated murder) (1)(f) is subject to automatic and direct review by the Supreme Court. The review by the Supreme Court has priority over all other cases and shall be heard in accordance with rules adopted by the Supreme Court.

(2) Notwithstanding ORS 163.150 (Sentencing for aggravated murder) (1)(a), after automatic and direct review of a conviction and sentence of death the following apply:

(a) If a reviewing court finds prejudicial error in the sentencing proceeding only, the court may set aside the sentence of death and remand the case to the trial court. No error in the sentencing proceeding results in reversal of the defendant’s conviction for aggravated murder. Upon remand and at the election of the state, the trial court shall either:

(A) Sentence the defendant to imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c); or

(B) Impanel a new sentencing jury for the purpose of conducting a new sentencing proceeding to determine if the defendant should be sentenced to:

(i) Death;

(ii) Imprisonment for life without the possibility of release or parole as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(b); or

(iii) Imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c).

(b) The new sentencing proceeding is governed by the provisions of ORS 163.150 (Sentencing for aggravated murder) (1), (2), (3) and (5). A transcript of all testimony and all exhibits and other evidence properly admitted in the prior trial and sentencing proceeding are admissible in the new sentencing proceeding. Either party may recall any witness who testified at the prior trial or sentencing proceeding and may present additional relevant evidence.

(c) The provisions of this subsection are procedural and apply to any defendant sentenced to death after December 6, 1984. [Formerly 138.012]

Note: 138.052 (Appeal from judgment of conviction and sentence of death) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 138.052 — Appeal from judgment of conviction and sentence of death; direct review by Supreme Court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 136.612 — OR Code / Title 14 / Chapter 136 / Section 136.612
136.612 Hearing
Status: in_force

(1) At the hearing to determine whether a material witness order should be entered:

(a) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support the order;

(b) The prospective witness may testify and may call witnesses;

(c) All testimony is under oath; and

(d) The Oregon Evidence Code shall apply in any material witness proceeding under ORS 136.611 (Court action upon receipt of application) , except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant’s reliability and, as far as possible, the means by which the information was obtained.

(2) If the court finds by a preponderance of the evidence that the prospective witness possesses information that is material to the pending action and will not appear at the time the attendance of the witness is required, the court shall establish a security amount calculated to ensure the attendance of the witness and shall enter a material witness order.

(3) Intentionally left blank —Ed.

(a) If the security amount is paid, the court shall release the witness. If someone other than the witness pays the security amount, the court shall release the witness only if the witness consents, in writing, to the payment of the security.

(b) If the security amount is not paid, the court shall commit the witness to the jail of the county, or other appropriate detention facility, until the witness pays the security amount or the attendance of the witness is no longer needed in the action.

(4) Unless vacated as provided in subsection (5) of this section, a material witness order remains in effect:

(a) If issued by a circuit court, during the pendency of the criminal action in the circuit court; or

(b) If issued by a court other than a circuit court, until the attendance of the witness is no longer needed in any part of the criminal action.

(5) At any time after the entry of a material witness order, the court, upon application of either party to the order and notice to the other party, may vacate or modify the order. The court shall consider new, or changed, facts or circumstances. The court may vacate the order or may modify any part of the order. If the court reduces the security amount, the court shall exonerate any part of the original security amount in excess of the modified amount that has been paid. [1995 c.657 §16]

Note: See note under 136.608 (Application procedure) .

Source: Section 136.612 — Hearing; security amount; vacation or modification of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 135.385 — OR Code / Title 14 / Chapter 135 / Section 135.385
135.385 Defendant to be advised by court
Status: in_force

(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge.

(2) The court shall inform the defendant:

(a) That by a plea of guilty or no contest the defendant waives the right:

(A) To trial by jury;

(B) Of confrontation; and

(C) Against self-incrimination.

(b) Of the maximum possible sentence on the charge, including the maximum possible sentence from consecutive sentences.

(c) When the offense charged is one for which a different or additional penalty is authorized by reason of the fact that the defendant may be adjudged a dangerous offender, that this fact may be established after a plea in the present action, thereby subjecting the defendant to different or additional penalty.

(d) That if the defendant is not a citizen of the United States conviction of a crime may result, under the laws of the United States, in removal proceedings, deportation, exclusion from admission to the United States or denial of naturalization.

(e) That if the defendant is entering a guilty plea pursuant to a plea offer and agreed disposition recommendation under ORS 135.405 (Plea discussions and plea agreements) , the court will agree to impose sentence as provided in the agreed disposition recommendation.

(f) That if the defendant enters a plea of guilty or no contest to an offense involving domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , and is convicted of the offense, federal law may prohibit the defendant from possessing, receiving, shipping or transporting any firearm or firearm ammunition and that the conviction may negatively affect the defendant’s ability to serve in the Armed Forces of the United States as defined in ORS 366.931 (Roadside memorial signs) or to be employed in law enforcement.

(3) At the time of the plea, including while informing the defendant under subsection (2)(d) of this section, the court may not inquire into the defendant’s immigration status or require the defendant to disclose the defendant’s immigration status.

(4) After informing the defendant under subsection (2)(d) of this section, upon the defendant’s request, the court shall allow the defendant additional time to consider the decision to enter a plea of guilty or no contest. [1973 c.836 §167; 1979 c.118 §1; 2001 c.635 §12; 2007 c.220 §1; 2019 c.384 §13; 2019 c.437 §1]

Source: Section 135.385 — Defendant to be advised by court; inquiry into immigration status prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 137.300 — OR Code / Title 14 / Chapter 137 / Section 137.300
137.300 Criminal Fine Account
Status: in_force

(1) The Criminal Fine Account is established in the General Fund. Except as otherwise provided by law, all amounts collected in state courts as monetary obligations in criminal actions shall be deposited by the courts in the account. All moneys in the account are continuously appropriated to the Department of Revenue to be distributed by the Department of Revenue as provided in this section. The Department of Revenue shall keep a record of moneys transferred into and out of the account.

(2) The Legislative Assembly shall first allocate moneys from the Criminal Fine Account for the following purposes, in the following order of priority:

(a) Allocations for public safety standards, training and facilities.

(b) Allocations for criminal injuries compensation and assistance to victims of crime and children reasonably suspected of being victims of crime.

(c) Allocations for the forensic services provided by the Oregon State Police, including, but not limited to, services of the Chief Medical Examiner.

(d) Allocations for the maintenance and operation of the Law Enforcement Data System.

(3) After making allocations under subsection (2) of this section, the Legislative Assembly shall allocate moneys from the Criminal Fine Account for the following purposes:

(a) Allocations to the Law Enforcement Medical Liability Account established under ORS 414.815 (Law Enforcement Medical Liability Account) .

(b) Allocations to the State Court Facilities and Security Account established under ORS 1.178 (State Court Facilities and Security Account) .

(c) Allocations to the Department of Corrections for the purpose of planning, operating and maintaining county juvenile and adult corrections programs and facilities and drug and alcohol programs.

(d) Allocations to the Oregon Health Authority for the purpose of grants under ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services provided through a county.

(e) Allocations to the Oregon State Police for the purpose of the enforcement of the laws relating to driving under the influence of intoxicants.

(f) Allocations to the Arrest and Return Account established under ORS 133.865 (Arrest and Return Account) .

(g) Allocations to the Intoxicated Driver Program Fund established under ORS 813.270 (Intoxicated Driver Program Fund) .

(h) Allocations to the State Court Technology Fund established under ORS 1.012 (State Court Technology Fund) .

(4) Notwithstanding subsections (2) and (3) of this section, the Legislative Assembly shall allocate all moneys deposited into the Criminal Fine Account as payment of fines on Class E violations to the Drug Treatment and Recovery Services Fund established under ORS 430.384 (Drug Treatment and Recovery Services Fund established) .

(5) It is the intent of the Legislative Assembly that allocations from the Criminal Fine Account under subsection (3) of this section be consistent with historical funding of the entities, programs and accounts listed in subsection (3) of this section from monetary obligations imposed in criminal proceedings. Amounts that are allocated under subsection (3)(c) of this section shall be distributed to counties based on the amounts that were transferred to counties by circuit courts during the 2009-2011 biennium under the provisions of ORS 137.308, as in effect January 1, 2011.

(6) Moneys in the Criminal Fine Account may not be allocated for the payment of debt service obligations.

(7) The Department of Revenue shall deposit in the General Fund all moneys remaining in the Criminal Fine Account after the distributions listed in subsections (2), (3) and (4) of this section have been made.

(8) The Department of Revenue shall establish by rule a process for distributing moneys in the Criminal Fine Account. The department may not distribute more than one-eighth of the total biennial allocation to an entity during a calendar quarter. [1987 c.905 §6; 2001 c.829 §§1,1a; 2005 c.700 §2; 2011 c.597 §52; 2012 c.89 §14; 2013 c.40 §2; 2013 c.628 §10; 2013 c.685 §27; 2017 c.151 §2; 2017 c.712 §5; 2021 c.591 §31]

Note: 137.300 (Criminal Fine Account) 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 137.300 — Criminal Fine Account; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 133.407 — OR Code / Title 14 / Chapter 133 / Section 133.407
133.407 Immunities and liabilities
Status: in_force

(1) A certified peace officer who exercises authority under ORS 133.405 (Definitions for ORS 133.405 to 133.408) and the officer’s employing agency are subject to the same civil immunities and liabilities as a peace officer and the peace officer’s employing agency in Oregon.

(2) A certified peace officer who exercises authority under ORS 133.405 (Definitions for ORS 133.405 to 133.408) is subject to the supervisory control of and limitations imposed by the certified peace officer’s employing agency unless supervisory control is temporarily delegated to an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.

(3) The certified peace officer may not receive separate compensation from an Oregon law enforcement agency for providing law enforcement services within this state under ORS 133.405 (Definitions for ORS 133.405 to 133.408) .

(4) Notwithstanding any other provision of law, any person who is acting as a certified peace officer in this state in the manner described in ORS 133.405 (Definitions for ORS 133.405 to 133.408) is deemed to have met the requirements of ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) (3) if the certified peace officer has completed the basic training required for peace officers in the adjoining state in which the certified peace officer is employed. [2011 c.472 §2]

Note: See note under 133.405 (Definitions for ORS 133.405 to 133.408) .

Source: Section 133.407 — Immunities and liabilities; supervision; compensation; training , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 144.460 — OR Code / Title 14 / Chapter 144 / Section 144.460
144.460 Contracts for quartering of enrollees
Status: in_force

The Department of Corrections may contract with the governing bodies of political subdivisions in this state, with the federal government and with any private agencies approved by the department for the quartering in suitable local facilities of persons enrolled in work release programs. [1965 c.463 §8; 1969 c.597 §122; 1969 c.678 §1; 1973 c.836 §307; 1977 c.717 §15; 1987 c.320 §71; 2007 c.71 §39; 2013 c.130 §2]

Source: Section 144.460 — Contracts for quartering of enrollees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.100 — OR Code / Title 14 / Chapter 136 / Section 136.100
136.100 Filing and use of deposition
Status: in_force

Upon the making of the order provided in ORS 136.090 (Procedure for taking deposition) , the deposition shall be taken and filed in court and may be read on the trial of the case in like manner and with like effect and subject to the same objections as in civil cases.

Source: Section 136.100 — Filing and use of deposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.450 — OR Code / Title 14 / Chapter 137 / Section 137.450
137.450 Enforcement of money judgment in criminal action
Status: in_force

A judgment against the defendant or complainant in a criminal action, so far as it requires the payment of a fine, fee, assessment, costs and disbursements of the action or restitution, may be enforced as a judgment in a civil action. [Amended by 1973 c.836 §269; 1987 c.709 §1]

Source: Section 137.450 — Enforcement of money judgment in criminal action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 153.058 — OR Code / Title 14 / Chapter 153 / Section 153.058
153.058 Initiation of violation proceeding by private party
Status: in_force

(1) A person other than an enforcement officer may commence a violation proceeding by filing a complaint with a court that has jurisdiction over the alleged violation. The filing of the complaint is subject to ORS 153.048 (Complaint) . The complaint shall be entered by the court in the court record.

(2) A complaint under this section must contain:

(a) The name of the court, the name and address of the person bringing the action and the name and address of the defendant.

(b) 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 occurred.

(c) A certificate signed by the complainant stating that the complainant believes that the named defendant committed the violation specifically identified in the complaint and that the complainant has reasonable grounds for that belief. A certificate conforming to this section shall be deemed equivalent of a sworn complaint. Complaints filed under this section are subject to the penalties provided in ORS 153.990 (Penalty for false certification) .

(3) Upon the filing of a complaint under this section, the court shall cause a summons to be delivered to the defendant and shall deliver a copy of the complaint to the district attorney for the county in which the complaint is filed. The court may require any enforcement officer to serve the summons.

(4) If the complaint does not conform to the requirements of this section, the court shall set it aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

(5) A court may, acting in its sole discretion, amend a complaint filed under the provisions of this section.

(6) A court shall dismiss a complaint filed under this section upon the motion of the district attorney for the county or of the city attorney for a city if:

(a) The district attorney or city attorney has brought a proceeding against the defendant named in the complaint or intends to bring a proceeding against the defendant named in the complaint; and

(b) The proceeding is brought by the district attorney or city attorney by reason of the same conduct alleged in the complaint.

(7) Any political subdivision of this state may require by ordinance that violation proceedings for the purpose of enforcing the charter or ordinances of the political subdivision may not be commenced in the manner provided by this section and that those proceedings may be commenced only by enforcement officers.

(8) A person other than an enforcement officer may commence a violation proceeding under this section only for:

(a) Boating violations under ORS chapter 830, or any violation of rules adopted pursuant to ORS chapter 830 if the violation constitutes an offense;

(b) Traffic violations under ORS chapters 801 to 826, or any violation of rules adopted pursuant to those chapters if the violation constitutes an offense;

(c) Violations under the wildlife laws, as described in ORS 496.002 (Short title) , or any violation of rules adopted pursuant to those laws if the violation constitutes an offense;

(d) Violations under the commercial fishing laws, as described in ORS 506.001 (Contents of commercial fishing laws) , or any violation of rules adopted pursuant to those laws if the violation constitutes an offense; or

(e) Violations of ORS 618.121 (License required for commercially operated weighing or measuring instrument) to 618.161 (Notice of violation to owner or operator of unlicensed weighing or measuring instrument) , and violation of rules adopted pursuant to those laws if the violation constitutes an offense. [1999 c.1051 §11]

Source: Section 153.058 — Initiation of violation proceeding by private party , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 133.835 — OR Code / Title 14 / Chapter 133 / Section 133.835
133.835 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
Status: in_force

(1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against the person in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or the term of sentence of the person in such other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.

(2) The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. [1973 c.836 §129; 1985 c.565 §13; 2005 c.22 §106]

Source: Section 133.835 — Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 132.090 — OR Code / Title 14 / Chapter 132 / Section 132.090
132.090 Presence of persons at sittings or deliberations of jury
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section and ORS 132.250 (District attorney to ensure proceedings are recorded) and 132.260 (Recording of testimony required) , no person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury.

(2) Upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a parent, guardian or other appropriate person 18 years of age or older to accompany any child 12 years of age or younger, or any person with an intellectual disability, during an appearance before the grand jury. The circuit judge, upon the district attorney’s showing to the court that it is necessary for the proper examination of a witness appearing before the grand jury, may appoint a guard, medical or other special attendant or nurse, who shall be present in the grand jury room and shall attend such sittings.

(3) The district attorney may designate an interpreter who is certified under ORS 45.291 (Certification program) to interpret the testimony of witnesses appearing before the grand jury. The district attorney may designate a qualified interpreter, as defined in ORS 45.288 (Appointment of certified interpreter required) , if the circuit court determines that a certified interpreter is not available and that the person designated by the district attorney is a qualified interpreter as defined in ORS 45.288 (Appointment of certified interpreter required) . An interpreter designated under this subsection may be present in the grand jury room and attend the sittings of the grand jury.

(4) No person other than members of the grand jury shall be present when the grand jury is deliberating or voting upon a matter before it.

(5) As used in this section, “intellectual disability” has the meaning given that term in ORS 427.005 (Definitions) . Intellectual disability may be shown by attaching to the motion of the district attorney:

(a) Documentary evidence of intellectual functioning; or

(b) The affidavit of a qualified person familiar with the person with an intellectual disability. “Qualified person” includes, but is not limited to, a teacher, therapist or physician. [Amended by 1973 c.836 §39; 1983 c.375 §1; 1991 c.406 §1; 2001 c.243 §1; 2011 c.658 §31; 2013 c.36 §35; 2017 c.650 §§4,12]

Source: Section 132.090 — Presence of persons at sittings or deliberations of jury; interpreters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 142.010 — OR Code / Title 14 / Chapter 142 / Section 142.010
142.010 Officer’s custody of stolen property is subject to order of magistrate or court
Status: in_force

When property alleged to have been the subject of a theft comes into the custody of a peace officer, the peace officer shall hold it subject to the order of the magistrate or court, as provided in ORS 142.020 (Delivery of stolen property to owner) . [Amended by 1971 c.743 §334]

Source: Section 142.010 — Officer’s custody of stolen property is subject to order of magistrate or court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors142.­html (accessed May 26, 2025).
ORS § 153.018 — OR Code / Title 14 / Chapter 153 / Section 153.018
153.018 Maximum fines
Status: in_force

(1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

(2) Except as otherwise provided by law, the maximum fine for a violation committed by an individual is:

(a) $2,000 for a Class A violation.

(b) $1,000 for a Class B violation.

(c) $500 for a Class C violation.

(d) $250 for a Class D violation.

(e) $100 for a Class E violation.

(f) $2,000 for a specific fine violation, or the maximum amount otherwise established by law for the specific fine violation.

(3) If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation. Except as otherwise provided by law, if a special corporate fine is not specified in the law creating the violation, the maximum fine for a violation committed by a corporation is:

(a) $4,000 for a Class A violation.

(b) $2,000 for a Class B violation.

(c) $1,000 for a Class C violation.

(d) $500 for a Class D violation. [1999 c.1051 §6; 2003 c.737 §103; 2011 c.597 §7; 2021 c.2 §19; 2021 c.591 §12]

Source: Section 153.018 — Maximum fines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 144.110 — OR Code / Title 14 / Chapter 144 / Section 144.110
144.110 Restriction on parole of persons sentenced to minimum terms
Status: in_force

(1) In any felony case, the court may impose a minimum term of imprisonment of up to one-half of the sentence it imposes.

(2) Notwithstanding the provisions of ORS 144.120 (Initial parole hearing) and 144.780 (Rules on duration of imprisonment) :

(a) The State Board of Parole and Post-Prison Supervision shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members.

(b) The board shall not release a prisoner on parole:

(A) Who has been convicted of murder defined as aggravated murder under the provisions of ORS 163.095 (“Aggravated murder” defined) , except as provided in ORS 163.105 (Sentencing options for aggravated murder) ;

(B) Who has been convicted of murder in the first degree under the provisions of ORS 163.107 (Murder in the first degree) , except as provided in ORS 163.107 (Murder in the first degree) (3) or 163.155 (Sentencing for murder of pregnant victim) (6) to (8); or

(C) Who has been convicted of murder in the second degree under the provisions of ORS 163.115 (Murder in the second degree) , except as provided in ORS 163.115 (Murder in the second degree) (5)(c) to (f) or 163.155 (Sentencing for murder of pregnant victim) (6) to (8). [1977 c.372 §4; 1991 c.126 §5; 1999 c.782 §1; 2001 c.104 §47; 2007 c.717 §3; 2015 c.820 §43; 2019 c.635 §14]

Note: Section 28, chapter 790, Oregon Laws 1989, provides:

Sec. 28. The provisions of ORS 144.110 (Restriction on parole of persons sentenced to minimum terms) , 144.120 (Initial parole hearing) , 144.122 (Advancing initial release date) , 144.125 (Review of parole plan, psychological reports and conduct prior to release) , 144.130 (Prisoner to have access to written materials considered at hearings or interviews) , 144.135 (Bases of parole decisions to be in writing) , 144.185 (Records and information available to board) , 144.223 (Examination by psychiatrist or psychologist of parole candidate) , 144.245 (Date of release on parole) and 144.270 (Conditions of parole) apply only to offenders convicted of a crime committed prior to November 1, 1989, and to offenders convicted of aggravated murder or murder regardless of the date of the crime. [1989 c.790 §28; 1999 c.782 §2]

Source: Section 144.110 — Restriction on parole of persons sentenced to minimum terms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.433 — OR Code / Title 14 / Chapter 136 / Section 136.433
136.433 Proving previous conviction
Status: in_force

(1) Except as provided in ORS 163.111 (Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree) and 813.326 (Felony driving while under the influence of intoxicants) , if an accusatory instrument or the written notice described in ORS 136.765 (Notice to defendant) (2) alleges that the defendant has previously been convicted of an offense, the state has the burden of proving the previous conviction unless the defendant stipulates to that fact. The stipulation must:

(a) Be in writing;

(b) Admit without qualification that the defendant previously was convicted of the offense and that the conviction is valid;

(c) Include an express waiver of the defendant’s right to a jury trial on the fact of the previous conviction; and

(d) Be filed with the court and served on the district attorney.

(2) If the defendant submits a stipulation to a previous conviction that meets the requirements of subsection (1) of this section, the court shall accept the stipulation. Upon acceptance:

(a) The stipulation constitutes a judicial admission to the fact of the previous conviction;

(b) If the previous conviction is a material element of the offense and the jury finds the defendant guilty upon instruction regarding the balance of the elements of the offense, the court shall enter a judgment of guilt on the charged offense in accordance with the stipulation;

(c) Except as provided in subsection (3) of this section, the court may not submit the allegation of the previous conviction to the jury; and

(d) Except as provided in subsections (3) and (4) of this section, neither the court nor the state may reveal to the jury the defendant’s previous conviction.

(3) Intentionally left blank —Ed.

(a) A stipulation that is accepted by the court must be presented to the jury if:

(A) The statute that defines the charged offense includes as a material element that the defendant previously was convicted of the offense that is the subject of the stipulation and the charged conduct does not constitute a criminal offense except with that element; or

(B) The previous conviction is relevant to an enhancement fact that will be submitted to the jury in accordance with ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof) .

(b) Except as provided in subsection (4) of this section, when the court presents a stipulation to the jury under this subsection, the court may not admit any other evidence of the previous conviction.

(4) The state may offer, and the court may receive and submit to the jury, evidence of the previous offense or conviction for any purpose other than establishing the fact of the previous conviction when the evidence of the previous offense or conviction is otherwise admissible for that purpose. When evidence of the previous offense or conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous offense or conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted. [2009 c.180 §2]

Note: 136.433 (Proving previous conviction) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 136.433 — Proving previous conviction; stipulation; presentation to jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 138.696 — OR Code / Title 14 / Chapter 138 / Section 138.696
138.696 Test results
Status: in_force

(1) If DNA testing ordered under ORS 138.692 (Motion for DNA testing) produces inconclusive evidence or evidence that is unfavorable to the person requesting the testing:

(a) The court shall forward the results to the State Board of Parole and Post-Prison Supervision; and

(b) The Department of State Police shall compare the evidence to DNA evidence from unsolved crimes in the Combined DNA Index System.

(2) If DNA testing ordered under ORS 138.692 (Motion for DNA testing) produces exculpatory evidence, the person who requested the testing may file in the court that ordered the testing a motion for a new trial based on newly discovered evidence. Notwithstanding the time limit established in ORCP 64 F, a person may file a motion under this subsection at any time during the 60-day period that begins on the date the person receives the test results.

(3) Upon receipt of a motion filed under subsection (2) of this section and notwithstanding the time limits in ORCP 64 F, the court shall hear the motion pursuant to ORCP 64.

(4) If the court orders a new trial in response to a motion described in this section, the district attorney shall notify the victim. [2001 c.697 §3; 2003 c.288 §3; 2015 c.564 §4; 2019 c.368 §6]

Note: See note under 138.688 (Definitions) .

Source: Section 138.696 — Test results; motion for new trial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 147.539 — OR Code / Title 14 / Chapter 147 / Section 147.539
147.539 Discretionary review
Status: in_force

Appellate review of an order described in ORS 147.535 (Appeals generally) (4)(b) shall be as provided in ORS 147.537 (Appellate review as matter of right) , except that:

(1) The Supreme Court’s jurisdiction is discretionary. The court may by rule prescribe the criteria the court will use to decide whether to grant review. The initiating document is a petition for review, but the petition must be accompanied by the same materials described in ORS 147.537 (Appellate review as matter of right) (4), and the person seeking review shall be identified as the petitioner.

(2) The respondent may elect not to file a response until after the Supreme Court has decided to accept review, in which case the response must be filed within seven days after the Supreme Court issues an order granting review.

(3) ORS 147.537 (Appellate review as matter of right) (15) does not apply to review under this section. The Supreme Court may dismiss a review improvidently granted.

(4) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the Supreme Court shall issue its decision on appeal under this section within 21 days after the date the court issued the order granting review.

(b) The Supreme Court may issue a final decision beyond the 21-day period if the court determines that the ends of justice served by issuing a final decision at a later date outweigh the best interests of the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public. [2009 c.178 §15]

Note: See note under 147.500 (Definitions) .

Source: Section 147.539 — Discretionary review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 132.330 — OR Code / Title 14 / Chapter 132 / Section 132.330
132.330 Submission of indictment by district attorney
Status: in_force

The district attorney may submit an indictment to the grand jury in any case when the district attorney has good reason to believe that a crime has been committed which is triable within the county. [Amended by 1973 c.836 §47]

Source: Section 132.330 — Submission of indictment by district attorney , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 135.886 — OR Code / Title 14 / Chapter 135 / Section 135.886
135.886 Requirements for diversion
Status: in_force

(1) After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010 (Driving under the influence of intoxicants) , and after the district attorney has considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion agreement to the defendant the terms of which are established by the district attorney in conformance with ORS 135.891 (Conditions of diversion agreement) . A diversion agreement under this section is not available to a defendant charged with the crime of driving while under the influence of intoxicants as defined in ORS 813.010 (Driving under the influence of intoxicants) .

(2) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider at least the following factors:

(a) The nature of the offense; however, except as provided in subsection (3) of this section, the offense must not have involved physical injury to another person;

(b) Any special characteristics or difficulties of the offender;

(c) Whether the defendant is a first-time offender; if the offender has previously participated in diversion, according to the certification of the Department of Justice, diversion may not be offered;

(d) Whether there is a probability that the defendant will cooperate with and benefit from alternative treatment;

(e) Whether the available program is appropriate to the needs of the offender;

(f) The impact of diversion upon the community;

(g) Recommendations, if any, of the involved law enforcement agency;

(h) Recommendations, if any, of the victim;

(i) Provisions for restitution; and

(j) Any mitigating circumstances.

(3) In determining whether diversion of a defendant who is a servicemember is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider all of the factors listed in subsection (2) of this section, including the nature of the offense, except that diversion may not be offered if the offense:

(a) Involved serious physical injury to another person;

(b) Is classified as a Class A or B felony and involved physical injury to another person;

(c) Is described in ORS 163.365 (Rape in the second degree) , 163.375 (Rape in the first degree) , 163.395 (Sodomy in the second degree) , 163.405 (Sodomy in the first degree) , 163.408 (Unlawful sexual penetration in the second degree) , 163.411 (Unlawful sexual penetration in the first degree) or 163.427 (Sexual abuse in the first degree) ; or

(d) Involved domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) and, at the time the offense was committed, the defendant was subject to a protective order in favor of the victim of the offense.

(4) As used in this section:

(a) “Physical injury” and “serious physical injury” have the meanings given those terms in ORS 161.015 (General definitions) .

(b) “Protective order” means:

(A) An order issued under ORS 30.866 (Action for issuance or violation of stalking protective order) , 107.700 (Short title) to 107.735 (Duties of State Court Administrator) , 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) or 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order) ; or

(B) A condition of probation, parole or post-prison supervision, or a release agreement under ORS 135.250 (General conditions of release agreement) , that prohibits the defendant from contacting the victim. [1977 c.373 §2; 1981 c.64 §1; 1981 c.803 §2; 1983 c.338 §889; 2010 c.25 §2]

Source: Section 135.886 — Requirements for diversion; factors considered , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.833 — OR Code / Title 14 / Chapter 133 / Section 133.833
133.833 Application for requisition
Status: in_force

(1) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the alleged crime is committed shall present to the Governor written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against the person, the approximate time, place and circumstances of its commission, the state in which the person is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the district attorney the interest of the public in the effective administration of criminal justice requires the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.

(2) When the return to this state is required of a person who has been convicted of or found guilty except for insanity of a crime in this state and who has escaped from confinement or broken the terms of the release, probation or parole of such person, the district attorney of the county in which the offense was committed, the parole board, or the superintendent of the institution or sheriff of the county from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which the person was convicted or found guilty except for insanity, the circumstances of the escape from confinement or of the breach of the terms of release, probation or parole, the state in which the person is believed to be, including the location of the person therein at the time application is made.

(3) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The district attorney, parole board, superintendent or sheriff may also attach such further affidavits and other documents in duplicate as the district attorney, parole board, superintendent or sheriff shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by indorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavit, or of the judgment of conviction or of the sentence shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition. [Formerly 147.230; 1985 c.192 §2]

Source: Section 133.833 — Application for requisition; filing and forwarding of papers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 136.555 — OR Code / Title 14 / Chapter 136 / Section 136.555
136.555 Subpoena defined
Status: in_force

The process by which the attendance of a witness before a court or magistrate is required is a subpoena. [Formerly 139.010]

Source: Section 136.555 — Subpoena defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 144.130 — OR Code / Title 14 / Chapter 144 / Section 144.130
144.130 Prisoner to have access to written materials considered at hearings or interviews
Status: in_force

(1) Notwithstanding the provisions of ORS 179.495 (Disclosure of written accounts of adult in custody) , prior to a parole hearing or other personal interview, each prisoner shall have access to the written materials which the board shall consider with respect to the release of the prisoner on parole, with the exception of materials exempt from disclosure under ORS 192.355 (Public records exempt from disclosure) (5).

(2) The board and the Director of the Department of Corrections shall jointly adopt procedures for a prisoner’s access to written materials pursuant to this section. [1977 c.372 §8; 1987 c.320 §54; 1997 c.825 §2]

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

Source: Section 144.130 — Prisoner to have access to written materials considered at hearings or interviews; access procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 131.505 — OR Code / Title 14 / Chapter 131 / Section 131.505
131.505 Definitions for ORS 131.505 to 131.525
Status: in_force

As used in ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.525 (Previous prosecution) , unless the context requires otherwise:

(1) “Conduct” and “offense” have the meaning provided for those terms in ORS 161.085 (Definitions with respect to culpability) and 161.505 (“Offense” described) .

(2) When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense.

(3) When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims.

(4) “Criminal episode” means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective.

(5) A person is “prosecuted for an offense” when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either:

(a) Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525 (Previous prosecution) (2);

(b) Proceeds to the trial stage and the jury is impaneled and sworn; or

(c) Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn.

(6) There is an “acquittal” if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 §26; 1983 c.509 §1; 2001 c.104 §42]

Source: Section 131.505 — Definitions for ORS 131.505 to 131.525 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 146.187 — OR Code / Title 14 / Chapter 146 / Section 146.187
146.187 DNA sample
Status: in_force

(1) If a person who has been reported as missing has not been located within 30 days after the missing person report is made, the law enforcement agency that accepted the missing persons report shall attempt to obtain a DNA sample from the missing person or from family members of the missing person in addition to any documentation necessary to enable the agency to use the samples in conducting searches of DNA databases.

(2) A law enforcement agency shall forward a DNA sample obtained for use in a missing persons case as directed by the Department of State Police.

(3) A person, or the executor of the person’s estate, who was a missing person and who had a DNA sample obtained for use in the person’s case may request the destruction of the DNA sample, and any resultant database entries, when the missing person has been located or identified. The request shall be made in writing to the department. The department, upon confirming that the status of the missing person has been resolved, shall destroy the DNA sample and remove any database entries related to the DNA sample.

(4) As used in this section, “DNA” means deoxyribonucleic acid. [2007 c.500 §4]

Source: Section 146.187 — DNA sample , https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html (accessed May 26, 2025).
ORS § 131.561 — OR Code / Title 14 / Chapter 131 / Section 131.561
131.561 Seizure of property subject to forfeiture
Status: in_force

(1) A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable:

(a) To any person on account of obedience to the order or direction; or

(b) For any costs incurred on account of any contamination of the delivered property. This includes, but is not limited to, any disposal costs for any property forfeited under ORS 131.558 (Property subject to forfeiture) , any hazardous waste or material, any contraband or any other contamination contained in property seized under this section.

(2) In addition to seizures authorized by ORS 133.535 (Permissible objects of search and seizure) , a police officer may seize property without a court order if the police officer has probable cause to believe that the property is subject to criminal forfeiture.

(3) Except as provided in ORS 131.564 (Status of seized property) , with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the person having control or custody of the property shall deliver the same over to the police officer.

(4) Intentionally left blank —Ed.

(a) A police officer may seize property pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property.

(b) Application may be made to any judge as defined in ORS 133.525 (Definitions for ORS 133.525 to 133.703) . The application must be supported by one or more affidavits setting forth the facts and circumstances tending to show where the objects of the seizure are to be found. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to criminal forfeiture. The order may be set out on the face of a search warrant.

(c) Except as provided in ORS 131.564 (Status of seized property) , with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the order shall direct any person having control or custody of the property to deliver the same over to the seizing agency or to the court to abide judgment.

(5) Property may be constructively seized by posting notice of seizure for criminal forfeiture on it or by filing notice of seizure for criminal forfeiture or notice of pending criminal forfeiture in the public records that impart constructive notice of matters relating to such property. A notice that is filed must include a description of the property that is the subject of the seizure. Real property, including interests arising out of land sale contracts, may be seized only upon recording a notice of seizure containing a legal description of the property in the mortgage records of the county in which the real property is located.

(6) Promptly upon seizure, the officer who seized the property shall make an inventory of the property seized and shall deliver a receipt embodying the inventory to the person from whose possession the property is taken or to the person in apparent control of the property at the time it is seized. If the property is unoccupied or there is no one present in apparent control, the officer shall leave the receipt suitably affixed to the property. If the property is physically removed from the location of seizure and it is unoccupied or there is no one present in apparent control, then the officer shall promptly file the receipt in the public records of the seizing agency. Every receipt prepared under this subsection shall contain, in addition to an inventory of the property seized, the following information:

(a) The identity of the seizing agency; and

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

(7) In the event that property is seized from the possession of a person who asserts a possessory lien over such property pursuant to applicable law, notwithstanding any other provision of law, any lien of the person from whom the property was seized remains in effect and is enforceable as fully as though the person had retained possession of the property. [2005 c.830 §5]

Source: Section 131.561 — Seizure of property subject to forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 137.100 — OR Code / Title 14 / Chapter 137 / Section 137.100
137.100 Defendant as witness in relation to circumstances
Status: in_force

If the defendant consents thereto, the defendant may be examined as a witness in relation to the circumstances which are alleged to justify aggravation or mitigation of the punishment; but if the defendant gives testimony at the request of the defendant, then the defendant must submit to be examined generally by the adverse party.

Source: Section 137.100 — Defendant as witness in relation to circumstances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 147.485 — OR Code / Title 14 / Chapter 147 / Section 147.485
147.485 Training for state agencies and county juvenile departments
Status: repealed

(1) As used in this section:

(a) “Adjudicated youth” has the meaning given that term in ORS 419A.004 (Definitions) .

(b) “State agency” means any state officer, board, commission, bureau or department, or division thereof, in the executive branch of state government.

(c) “Youth” has the meaning given that term in ORS 419A.004 (Definitions) .

(2) Intentionally left blank —Ed.

(a) The Department of Justice, in consultation with the advisory committee appointed by the department under ORS 147.480 (Fund established) , shall develop a one-hour virtual training on sex trafficking.

(b) The department shall make the training developed under this subsection available at no cost to state agencies and county juvenile departments that work with youths and adjudicated youths.

(3) A state agency shall ensure that all staff of the state agency who work with youths and adjudicated youths complete the training developed under subsection (2) of this section at least once every two years.

(4) A county juvenile department shall ensure that all staff of the county juvenile department who work with youths and adjudicated youths complete the training developed under subsection (2) of this section at least once every two years. [2023 c.187 §3]

Note: 147.485 (Training for state agencies and county juvenile departments) becomes operative January 1, 2025. See section 7, chapter 187, Oregon Laws 2023.

Note: 147.485 (Training for state agencies and county juvenile departments) 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.

Note: Sections 4, 5 and 6, chapter 187, Oregon Laws 2023, provide:

Sec. 4. No later than December 31, 2025, the advisory committee appointed by the Department of Justice under ORS 147.480 (Fund established) shall submit a report to the interim committees of the Legislative Assembly related to human services, in the manner described in ORS 192.245 (Form of report to legislature) , describing:

(1) How many screenings under section 2 of this 2023 Act [ 419C.030 (Screening for sex trafficking victims) ] were conducted between January 1, 2024, and December 1, 2025;

(2) The number of victims of sex trafficking who were identified as a result of the screenings described in subsection (1) of this section;

(3) The types of resources to which the victims described in subsection (2) of this section were referred; and

(4) Any gaps in resources available to victims of sex trafficking that were identified by the advisory committee. [2023 c.187 §4]

Sec. 5. (1) No later than January 1, 2024, the Department of Justice shall make the referral resource list, screening tool and training described in section 2 of this 2023 Act [ 419C.030 (Screening for sex trafficking victims) ] available to county juvenile departments.

(2) No later than July 1, 2024, a county juvenile department shall ensure that all staff of the county juvenile department who work directly with youths and adjudicated youths have completed the screening tool training developed by the Department of Justice under section 2 of this 2023 Act.

(3) No later than January 1, 2025, the Department of Justice shall develop and begin providing the training described in section 3 of this 2023 Act [ 147.485 (Training for state agencies and county juvenile departments) ].

(4) No later than January 1, 2026, and every two years thereafter, state agencies and county juvenile departments shall ensure that employees described in section 3 (3) and (4) of this 2023 Act have completed the training developed by the Department of Justice under section 3 of this 2023 Act. [2023 c.187 §5]

Sec. 6. Sections 4 and 5 of this 2023 Act are repealed on January 2, 2026. [2023 c.187 §6]

EFFECTUATION OF CRIME VICTIMS’ CONSTITUTIONAL RIGHTS

Source: Section 147.485 — Training for state agencies and county juvenile departments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).
ORS § 131.615 — OR Code / Title 14 / Chapter 131 / Section 131.615
131.615 Stopping of persons
Status: in_force

(1) A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry.

(2) The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time.

(3) The inquiry shall be considered reasonable if it is limited to:

(a) The immediate circumstances that aroused the officer’s suspicion;

(b) Other circumstances arising during the course of the detention and inquiry that give rise to a reasonable suspicion of criminal activity; and

(c) Ensuring the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons.

(4) Intentionally left blank —Ed.

(a) The inquiry may include a request for consent to search in relation to the circumstances specified in subsection (3) of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535 (Permissible objects of search and seizure) only if the officer first informs the person that the person has the right to refuse the request.

(b) An officer who obtains consent to search under this subsection shall ensure that there is a written, video or audio record that the person gave informed and voluntary consent to search.

(c) This subsection does not apply to implied consent searches described in ORS 813.100 (Implied consent to breath or blood test) , 813.131 (Implied consent to urine test) or 813.135 (Implied consent to field sobriety tests) .

(5) A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present. [1973 c.836 §31; 1997 c.866 §1; 2022 c.78 §1]

Source: Section 131.615 — Stopping of persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 135.145 — OR Code / Title 14 / Chapter 135 / Section 135.145
135.145 Testimony of witnesses
Status: in_force

The testimony of the witnesses in a preliminary hearing shall be recorded. [Formerly 133.740; 1991 c.790 §14]

Source: Section 135.145 — Testimony of witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 131.588 — OR Code / Title 14 / Chapter 131 / Section 131.588
131.588 Judgment of forfeiture
Status: in_force

(1) If no financial institution has filed the affidavit described in ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) (1), and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that:

(a) Title to the property passes to the seizing agency free of any interest or encumbrance thereon in favor of any person who has been given notice;

(b) The seizing agency may transfer good and sufficient title to any subsequent purchaser or transferee, and all courts, the state and the departments and agencies of this state, and any political subdivision shall recognize the title. In the case of real property, the seizing agency shall warrant the title against constitutional defect. A warranty under this paragraph is limited to the purchase price of the real property; and

(c) Any department, agency or officer of this state or any political subdivision whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a judgment of criminal forfeiture.

(2) If an affidavit is filed by a financial institution under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) (1), or if a person files an affidavit under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) (2):

(a) The court shall foreclose all security interests, liens and vendor’s interests of financial institutions and claimants as to which the court determines that there is a legal or equitable basis for foreclosure; and

(b) All other interests applicable to the property that are not foreclosed or otherwise eliminated through a judgment of foreclosure, if and to the extent that they are valid and subsisting, remain in effect and the property remains subject to them upon completion of the criminal forfeiture proceeding.

(3) Notwithstanding any other provision of law, if a financial institution or other person has filed an affidavit described in ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) , or if the court has upheld the claim of any claimant, then as to each item of property seized:

(a) If the court has determined that the property should not be forfeited and has not foreclosed the security interests, liens or other interests covering the property, the court shall render judgment in favor of the owner of the property, the property must be returned to the owner and all security interests, liens and other interests applicable to the property remain in effect as though the property had never been seized. 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. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that have attached to the property since the seizure.

(b) If the court has determined that the property should not be forfeited and has foreclosed one or more interests covering the property, including security interests or liens covering the property or contracts for the transfer or conveyance of the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that have attached to the property since the seizure, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court within such time as may be prescribed by the court following entry of the judgment. If any interests covering the property have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld, or of a financial institution that has filed the affidavit described in ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) , the property must be sold subject to those interests. The judgment shall order the proceeds of the sale applied in the following order:

(A) To the payment of the costs of the sale;

(B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;

(C) To the satisfaction of the foreclosed liens, security interests and contracts in order of their priority; and

(D) The excess, if any, to the owner of the property.

(c) If the court has determined that the property should be forfeited and has foreclosed one or more security interests, liens, contracts or other interests covering the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that have attached to the property since the seizure, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court. If any interest in the property was claimed by a financial institution or other claimant and the interest was upheld but not foreclosed, the property must be sold subject to the interest. The sale of the property must be held within such time as may be prescribed by the court following entry of the judgment. The judgment shall also order the proceeds of such sale applied in the following order:

(A) To the payment of the costs of the sale;

(B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;

(C) To the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority; and

(D) The excess, if any, to the seizing agency to be disposed of as provided in ORS 131.594 (Disposition and distribution of forfeited property when seizing agency not the state) or 131.597 (Disposition and distribution of forfeited property when seizing agency is the state) .

(d) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that have attached to the property since the seizure. The court shall enter a judgment awarding the property to the seizing agency, subject to the interests of any claimants whose claims or affidavits were upheld by the court, and subject to the interests of any financial institutions that filed affidavits under ORS 131.579 (Affidavit in response to notice of seizure for forfeiture) (1), that remain in full force and effect. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment.

(4) Upon motion of the state, the court may include in the judgment of criminal forfeiture an order that directs the seizing agency to distribute to the victim of the crime of conviction a portion of any proceeds from property received by the seizing agency if the court included an order of restitution in the criminal judgment.

(5) The seizing agency is not liable to any person as a consequence of obedience to a judgment directing conveyance to a financial institution.

(6) Intentionally left blank —Ed.

(a) On entry of judgment for a claimant in any proceeding to forfeit property under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) , unless the court has foreclosed one or more security interests, liens or other interests covering the property, the property or interest in property must be returned or conveyed immediately to the claimant designated by the court.

(b) If it appears that there was reasonable suspicion that the property was subject to criminal forfeiture, the court shall cause a finding to be entered and no claimant or financial institution is entitled to damages nor is the person who made the seizure, the seizing agency or forfeiture counsel liable to suit or judgment on account of the seizure or action. An order directing seizure issued under ORS 131.561 (Seizure of property subject to forfeiture) constitutes a finding of reasonable suspicion that the property was subject to criminal forfeiture.

(7) Except for deficiencies resulting from disabling a hidden compartment in a motor vehicle with a hidden compartment, nothing in this section prevents a claimant or financial institution from obtaining any deficiency to which the claimant or financial institution would otherwise be entitled.

(8) Nothing in this section or in ORS 131.564 (Status of seized property) prevents a seizing agency from entering into an agreement with a claimant or other person for the reimbursement of the seizing agency for the costs and expenses relating to towing and storage of property or the cost of discharging any possessory chattel lien on the property arising under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) that attached to the property in the period between the seizure of the property and the release or criminal forfeiture of the property. [2005 c.830 §14; 2009 c.617 §4; 2009 c.874 §3; 2011 c.504 §3]

Source: Section 131.588 — Judgment of forfeiture; contents; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html (accessed May 26, 2025).
ORS § 144.787 — OR Code / Title 14 / Chapter 144 / Section 144.787
144.787 Rules on age or physical disability of victim constituting aggravating circumstance
Status: in_force

The Advisory Commission on Prison Terms and Parole Standards and the State Board of Parole and Post-Prison Supervision shall provide, in rules adopted under ORS 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist) , that, in the case of a crime involving a physical or sexual assault, a victim’s particular vulnerability to injury in such case due to the victim’s youth, advanced age or physical disability, shall constitute an aggravating circumstance justifying a variation from the range of duration of imprisonment otherwise applicable in the case. [1985 c.767 §3]

Source: Section 144.787 — Rules on age or physical disability of victim constituting aggravating circumstance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html (accessed May 26, 2025).
ORS § 136.780 — OR Code / Title 14 / Chapter 136 / Section 136.780
136.780 Evidence
Status: in_force

All evidence received during the trial phase of a criminal proceeding may be considered by the jury or, if the defendant waives the right to a jury trial, by the court during the sentencing phase of the proceeding. [2005 c.463 §6]

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

Source: Section 136.780 — Evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 133.724 — OR Code / Title 14 / Chapter 133 / Section 133.724
133.724 Order for interception of communications
Status: in_force

(1) An ex parte order for the interception of wire, electronic or oral communications may be issued by any circuit court judge upon written application made upon oath or affirmation of the individual who is the district attorney or a deputy district attorney authorized by the district attorney for the county in which the order is sought. The application shall include:

(a) The name of the district attorney or the deputy district attorney making the application and the authority of the district attorney or the deputy district attorney to make the application;

(b) The identity of the investigative or law enforcement officer making the application and the officer authorizing the application;

(c) A statement demonstrating that there is probable cause to believe that an individual is committing, has committed or is about to commit:

(A) A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony;

(B) A crime punishable as a felony under ORS 163.266 (Trafficking in persons) (1)(b) or (c), 163.413 (Purchasing sex with a minor) , 166.720 (Racketeering activity unlawful) , 167.012 (Promoting prostitution) , 167.017 (Compelling prostitution) , 475.752 (Prohibited acts generally) , 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) or 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) to 475.910 (Application of controlled substance to the body of another person) or as a misdemeanor under ORS 167.007 (Prostitution) or 167.008 (Commercial sexual solicitation) ; or

(C) Any conspiracy to commit any of the foregoing crimes;

(d) A statement of the details, if known, of the particular crime alleged under paragraph (c) of this subsection;

(e) A particular description of the nature and location of the facilities from which or the place where the wire, electronic or oral communication is to be intercepted, if known;

(f) A particular description of the type of wire, electronic or oral communication sought to be intercepted;

(g) The identity of the person, if known, suspected of committing the crime and whose wire, electronic or oral communications are to be intercepted;

(h) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why other investigative procedures reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous;

(i) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of wire, electronic or oral communication has been first obtained, a description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

(j) A statement as to whether any prior application has been made to intercept wire, electronic or oral communications from the same person and, if such prior application exists, a statement of the current status of that application; and

(k) Where the application is for the extension of an existing order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

(2) The judge may require the applicant to furnish further testimony or documentary evidence in support of the application.

(3) Upon examination of such application and evidence the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, electronic or oral communications within the state if the judge determines on the basis of the facts submitted by the applicant that:

(a) There is probable cause for belief that an individual is committing, has committed or is about to commit a particular crime described in subsection (1)(c) of this section;

(b) There is probable cause for belief that particular communications concerning that crime will be obtained through such interception;

(c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous; and

(d) There is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications to be intercepted are being used, or are about to be used, in connection with the planning or the commission of that crime are open to the public or are owned by, leased to, listed in the name of, or commonly used by the individual suspected.

(4) Each order authorizing or approving the interception of any wire, electronic or oral communication shall specify:

(a) The identity of the person, if known, whose communications are to be intercepted;

(b) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

(c) A particular description of the type of communication sought to be intercepted, and a statement of the particular crime to which it relates;

(d) The identity of the agency authorized to intercept the communications and of the person authorizing the application;

(e) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and

(f) The name of the applicant, date of issuance, and the signature and title of the issuing judge.

(5) An order entered pursuant to this section may not authorize or approve the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of authorization and in no event for longer than 30 days. Extensions of any order may be granted, but only when application for an extension is made in accordance with subsection (1)(k) of this section and the court makes the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purpose for which it is granted and in no event for longer than 30 days. Every order and extension of that order shall contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception, and must terminate upon attainment of the authorized objective, or in any event in 30 days.

(6) Whenever an order authorizing interception is entered pursuant to this section, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require. [1979 c.716 §4 (enacted in lieu of 133.725); 1989 c.639 §1; 1989 c.983 §7a; 1995 c.224 §1; 2001 c.385 §6; 2005 c.708 §45; 2007 c.442 §1; 2011 c.151 §8; 2013 c.720 §6]

Source: Section 133.724 — Order for interception of communications; application; grounds for issuance; contents of order; progress reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 132.030 — OR Code / Title 14 / Chapter 132 / Section 132.030
132.030 Challenge of juror prohibited
Status: in_force

Neither the grand jury panel nor any individual juror may be challenged. A judge of the court or clerk of court, as defined in ORS 10.010 (Definitions) , may at any time after a juror is drawn and before the juror is sworn excuse the juror from jury service for any reason prescribed in ORS 10.050 (Excuse from jury duty) . [Amended by 1973 c.836 §36; 1979 c.728 §5; 1985 c.703 §24; 1999 c.1085 §2]

Source: Section 132.030 — Challenge of juror prohibited; when juror may be excused , https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html (accessed May 26, 2025).
ORS § 136.030 — OR Code / Title 14 / Chapter 136 / Section 136.030
136.030 How issues are tried
Status: in_force

An issue of law shall be tried by the judge of the court and an issue of fact by a jury of the county in which the action is triable. [Amended by 1973 c.836 §224]

Source: Section 136.030 — How issues are tried , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.145 — OR Code / Title 14 / Chapter 137 / Section 137.145
137.145 Definitions for ORS 137.145 to 137.159
Status: in_force

As used in ORS 137.145 (Definitions for ORS 137.145 to 137.159) to 137.159 (Level V obligations in circuit court judgments) :

(1) “Criminal judgment” means a judgment of conviction in a criminal action.

(2) “Local court” means a justice or municipal court. [2013 c.685 §15]

Source: Section 137.145 — Definitions for ORS 137.145 to 137.159 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.680 — OR Code / Title 14 / Chapter 138 / Section 138.680
138.680 Short title
Status: in_force

ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) may be cited as the Post-Conviction Hearing Act. [1959 c.636 §21]

Source: Section 138.680 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 137.143 — OR Code / Title 14 / Chapter 137 / Section 137.143
137.143 All monetary obligations constitute single obligation on part of convicted person
Status: in_force

All fines, costs, restitution, compensatory fines and other monetary obligations imposed upon a convicted person in a circuit, justice or municipal court constitute a single obligation on the part of the convicted person. The clerk shall divide the total obligation as provided in ORS 137.145 (Definitions for ORS 137.145 to 137.159) to 137.159 (Level V obligations in circuit court judgments) , based on the different parts of the obligation, and shall credit and distribute all moneys received in payment of the obligation in the manner provided by ORS 137.145 (Definitions for ORS 137.145 to 137.159) to 137.159 (Level V obligations in circuit court judgments) . [Formerly 137.288]

Note: 137.143 (All monetary obligations constitute single obligation on part of convicted person) 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 137.143 — All monetary obligations constitute single obligation on part of convicted person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 131a.020 — OR Code / Title 14 / Chapter 131a / Section 131a.020
131A.020 Property subject to forfeiture
Status: in_force

The following property is subject to forfeiture under this chapter:

(1) All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct.

(2) All raw materials, products and equipment of any kind that are used in providing, manufacturing, compounding, processing, delivering, importing or exporting any service or substance in the course of prohibited conduct.

(3) All property that is used as a container for property described in subsection (1) or (2) of this section.

(4) All conveyances, including aircraft, vehicles or vessels, that are used to transport or in any manner facilitate the transportation, sale, receipt, possession or concealment of property described in subsection (1) or (2) of this section, and all conveyances, including aircraft, vehicles or vessels, that are used in prohibited conduct or that are used to facilitate prohibited conduct in any manner.

(5) All books, records, computers and research, including formulae, microfilm, tapes and data that are used to facilitate prohibited conduct in any manner.

(6) All moneys, negotiable instruments, balances in deposit accounts or other accounts, securities or other things of value furnished by any person in the course of prohibited conduct, all proceeds of prohibited conduct, and all moneys, negotiable instruments, balances in deposit and other accounts and securities used to facilitate any prohibited conduct.

(7) All real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used in any manner, in whole or part, to commit or facilitate prohibited conduct.

(8) All weapons possessed, used or available for use in any manner to facilitate prohibited conduct.

(9) Any property described in this section that was intended for use in committing or facilitating an attempt to commit a crime as described in ORS 161.405 (“Attempt” described) , a solicitation as described in ORS 161.435 (Solicitation) or a conspiracy as described in ORS 161.450 (“Criminal conspiracy” described) . [2009 c.78 §4]

Source: Section 131A.020 — Property subject to forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html (accessed May 26, 2025).
ORS § 135.280 — OR Code / Title 14 / Chapter 135 / Section 135.280
135.280 Arrest warrant
Status: in_force

(1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release.

(2) A warrant issued under subsection (1) of this section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants.

(3) If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties for the entire security amount set under ORS 135.265 (Security release) and the costs of the proceedings. At any time before or after entry of the judgment, the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security deposit that the court ordered to be applied to child support under subsection (4) of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 (Security release) is available for a reasonable period of time for disposition under subsection (4) of this section.

(4) After entry of a judgment for the state, the court, upon a motion filed under ORS 25.715 (Child support paid from security deposit) , may order that a portion of the security deposit be applied to any unsatisfied child support award owed by the defendant and to provide security for child support payments in accordance with ORS 25.230 (Court authorized to require security for support payments) . The portion of the security deposit that may be applied to the child support award:

(a) Is limited to the amount deposited under ORS 135.265 (Security release) (2);

(b) May not exceed 66 percent of the entire security amount set under ORS 135.265 (Security release) if the deposit has been made under ORS 135.265 (Security release) (3); and

(c) Does not reduce the money award in the judgment entered under subsection (3) of this section that is owed to the state.

(5) When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be entered in the register, and the clerk of the court shall note in the register that the judgment creates a judgment lien. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265 (Security release) , or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine Account, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to amounts deposited upon appearance under ORS 153.061 (Appearance by defendant) .

(6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection (4) of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section.

(7) The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions. [1973 c.836 §155; 1981 s.s. c.3 §113; 1983 c.763 §45; 1987 c.710 §1; 1987 c.905 §15; 1995 c.658 §74; 1997 c.801 §64; 1999 c.1051 §250; 2001 c.705 §2; 2001 c.829 §10b; 2003 c.576 §161; 2005 c.700 §5; 2011 c.597 §41]

Source: Section 135.280 — Arrest warrant; forfeiture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 133.707 — OR Code / Title 14 / Chapter 133 / Section 133.707
133.707 Custodian’s obligation to preserve biological evidence
Status: in_force

(1) A custodian shall preserve biological evidence in accordance with ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) if the evidence:

(a) Is collected as part of a criminal investigation into a covered offense; or

(b) Is otherwise in the possession of the custodian and reasonably may be used to incriminate or exculpate any person for a covered offense.

(2) When a custodian is required to preserve biological evidence under subsection (1) of this section, the custodian shall preserve the evidence in an amount and manner that is sufficient to develop a DNA profile. Except as otherwise provided in ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) , the biological evidence must be preserved:

(a) If the covered offense is aggravated murder, murder, rape in the first degree, sodomy in the first degree or unlawful sexual penetration in the first degree, for 60 years from the date each person is convicted of the offense or until each person convicted of the offense has died, whichever is earlier.

(b) If the covered offense is aggravated vehicular homicide, manslaughter in the first degree or manslaughter in the second degree, until each person convicted of the offense has served the person’s sentence.

(c) If no person is convicted of the covered offense or the law enforcement agency investigating the covered offense closes the case for a reason other than the conviction of a person, until the expiration of the statute of limitations.

(3) A custodian is not required to preserve physical evidence solely because the physical evidence contains biological evidence if the physical evidence is of such a size, bulk or physical character as to render retention impracticable. When the retention of physical evidence is impracticable, the custodian shall remove and preserve portions of the physical evidence likely to contain biological evidence in a quantity sufficient to permit future DNA testing before returning or disposing of the physical evidence.

(4) Upon the conclusion of any trial or hearing involving a covered offense, the court shall return any biological evidence in the possession of the court to the custodian responsible for preserving the biological evidence under ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) , unless the evidence was collected by the defense. If the evidence was collected by the defense, the court shall return the evidence to the attorney for the defendant.

(5) If a custodian is required to preserve biological evidence under ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) and the custodian is unable to produce the evidence in a judicial proceeding, the individual to whom the custodian has delegated the duty to preserve the evidence shall prepare, sign and file with the court a sworn affidavit that indicates that the custodian is unable to produce the evidence and describes the efforts taken to locate the evidence.

(6) If a court finds that biological evidence was destroyed in violation of ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) , the court, after determining whether the evidence was destroyed maliciously, may impose appropriate sanctions and order appropriate remedies. The court may not order the reversal of a conviction under this subsection on the sole grounds that the biological evidence is no longer available.

(7) Intentionally left blank —Ed.

(a) The Attorney General shall adopt rules establishing:

(A) Standards for the proper collection, retention, preservation and cataloging of biological evidence applicable to criminal investigations into, and criminal prosecutions for, covered offenses; and

(B) A standard form for use by custodians in providing the written notice described in ORS 133.709 (Notice of intent to dispose) (1).

(b) The Attorney General shall consult with the Department of State Police and custodians before adopting rules under this subsection. [2009 c.489 §1; 2011 c.275 §1]

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

Source: Section 133.707 — Custodian’s obligation to preserve biological evidence; effect of inability to produce in judicial proceeding; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 135.948 — OR Code / Title 14 / Chapter 135 / Section 135.948
135.948 Availability to probationers
Status: in_force

(1) Intentionally left blank —Ed.

(a) A district attorney may provide an offer and agreed disposition recommendation under an early disposition program established under ORS 135.941 (Early disposition programs) to a probationer at the time of the first appearance of the probationer in court for a probation violation.

(b) Unless extended by the court, an offer and agreed disposition recommendation made under paragraph (a) of this subsection expire upon completion of the appearance. Except for good cause, a court may not extend an offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony.

(2) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the probationer an opportunity to withdraw the admission. [2001 c.635 §14]

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

Source: Section 135.948 — Availability to probationers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).
ORS § 136.675 — OR Code / Title 14 / Chapter 136 / Section 136.675
136.675 Conditions for use of testimony of persons subjected to hypnosis
Status: in_force

If either prosecution or defense in any criminal proceeding in the State of Oregon intends to offer the testimony of any person, including the defendant, who has been subjected to hypnosis, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness relating to the subject matter of the proposed testimony, performed by any person, it shall be a condition of the use of such testimony that the entire procedure be recorded either on videotape or any mechanical recording device. The unabridged videotape or mechanical recording shall be made available to the other party or parties in accordance with ORS 135.805 (Applicability) to 135.873 (Protective orders) . [1977 c.540 §1; 1983 c.740 §15]

Source: Section 136.675 — Conditions for use of testimony of persons subjected to hypnosis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html (accessed May 26, 2025).
ORS § 137.482 — OR Code / Title 14 / Chapter 137 / Section 137.482
137.482 Service of documents on defendant
Status: in_force

A copy of any document filed in any of the following proceedings shall be served personally on the defendant, even if the defendant is represented by counsel, by providing the copy to the custodian of the defendant, who shall ensure that the copy is provided promptly to the defendant:

(1) A death warrant hearing under ORS 137.463 (Death warrant hearing) .

(2) A proceeding in which a person other than the defendant seeks to stay execution of the defendant’s sentence of death.

(3) A petition for post-conviction relief filed under ORS 138.510 (Persons who may file petition for relief) (2). [1999 c.1055 §16]

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

Source: Section 137.482 — Service of documents on defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 137.147 — OR Code / Title 14 / Chapter 137 / Section 137.147
137.147 Priorities for application of payments on criminal judgments entered in local courts
Status: in_force

(1) There are four levels of priority for application of payments on criminal judgments entered in local courts, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. All payments on a criminal judgment entered in a local court shall be applied first against the unpaid obligations in the level with highest priority until those obligations have been paid in full, and shall then be applied against the obligations in the level with the next highest level of priority, until all obligations under the judgment have been paid in full.

(2) Except as provided in ORS 137.151 (Level I obligations in local court judgments) , if there is more than one person or public body to whom an obligation is payable under a level, a local court shall divide each payment based on each person’s or public body’s proportionate share of the total amount of obligations in that level. [2013 c.685 §16; 2022 c.57 §4]

Source: Section 137.147 — Priorities for application of payments on criminal judgments entered in local courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html (accessed May 26, 2025).
ORS § 138.620 — OR Code / Title 14 / Chapter 138 / Section 138.620
138.620 Hearing
Status: in_force

(1) After the response of the defendant to the petition, the court shall proceed to a hearing on the issues raised. If the defendant’s response is by demurrer or motion raising solely issues of law, the circuit court need not order that petitioner be present at such hearing, as long as petitioner is represented at the hearing by counsel. At the hearing upon issues raised by any other response, the circuit court shall order that petitioner be present. Whenever the court orders that petitioner be present at the hearing, the court may order that petitioner appear by telephone or other communication device as provided in ORS 138.622 (Appearance by communication device) rather than in person.

(2) If the petition states a ground for relief, the court shall decide the issues raised and may receive proof by affidavits, depositions, oral testimony or other competent evidence. The burden of proof of facts alleged in the petition shall be upon the petitioner to establish such facts by a preponderance of the evidence. [1959 c.636 §12; 1996 c.4 §4; 2003 c.261 §4]

Source: Section 138.620 — Hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).
ORS § 133.076 — OR Code / Title 14 / Chapter 133 / Section 133.076
133.076 Failure to appear on criminal citation
Status: in_force

(1) A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation) and the person knowingly fails to do any of the following:

(a) Make an appearance in the manner required by ORS 133.060 (Cited person to appear before magistrate) .

(b) Make appearance at the time set for trial in the criminal proceeding.

(c) Appear at any other time required by the court or by law.

(2) Failure to appear on a criminal citation is a Class A misdemeanor. [1999 c.1051 §64 (enacted in lieu of 133.075)]

Source: Section 133.076 — Failure to appear on criminal citation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).
ORS § 153.990 — OR Code / Title 14 / Chapter 153 / Section 153.990
153.990 Penalty for false certification
Status: in_force

Any person who in connection with the issuance of a citation, or the filing of a complaint, under this chapter, knowingly certifies falsely to the matters set forth therein commits a Class A misdemeanor. [1981 c.692 §14; 1999 c.1051 §31]

Source: Section 153.990 — Penalty for false certification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html (accessed May 26, 2025).
ORS § 135.760 — OR Code / Title 14 / Chapter 135 / Section 135.760
135.760 Notice requesting early trial on pending charge
Status: in_force

(1) Any adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (2) against whom there is pending at the time of commitment or against whom there is filed at any time during imprisonment, in any court of this state, an indictment, information or criminal complaint charging the adult in custody with the commission of a crime, may give written notice to the district attorney of the county in which the adult in custody is so charged requesting the district attorney to prosecute and bring the adult in custody to trial on the charge forthwith.

(2) The notice provided for in subsection (1) of this section shall be signed by the adult in custody and set forth the place and term of imprisonment. A copy of the notice shall be sent to the court in which the adult in custody has been charged by indictment, information or complaint. [Formerly 134.510; 1987 c.320 §19; 1995 c.423 §9b; 2019 c.213 §15]

Source: Section 135.760 — Notice requesting early trial on pending charge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html (accessed May 26, 2025).