justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 137 — Judgment and Execution;

ORS 137.050. Nonattendance or nonappearance of released defendant when attendance required by court. (1) If the defendant has been released on a release agreement or security deposit and does not appear for judgment when personal attendance is required by the court, the court may order a forfeiture of the security deposit as provided in ORS 135.280. In addition, if the defendant fails to appear as required by the release agreement or security deposit, the court may direct the clerk to issue a bench warrant for the defendants arrest. (2) At any time after the making of the order for the bench warrant, the clerk, on the application of the district attorney, shall issue such warrant, as by the order directed, whether the court is sitting or not. [Amended by 1973 c.836 257]
ORS Chapter 137 — Judgment and Execution;

ORS 137.060. Form of bench warrant. The bench warrant shall be substantially in the following form: ______________________________________________________________________________ CIRCUIT COURT FOR THE COUNTY OF ______, STATE OF OREGON IN THE NAME OF THE STATE OF OREGON To any peace officer in the State of Oregon, greeting: A B having been on the ______ day of ______, 2___, convicted in this court of the crime of (designating it generally), you are commanded to arrest the above-named defendant forthwith and bring the defendant before such court for judgment or, if the court has adjourned, deliver the defendant into the custody of the jailor of this county. By order of the court. Witness my hand and seal of said circuit court, affixed at ______, in said county, this ______ day of ______, 2___. [L. S.] C D, Clerk of the Court ______________________________________________________________________________
ORS Chapter 137 — Judgment and Execution;

ORS 137.070. Counties to which bench warrant may issue; service. The bench warrant mentioned in ORS 137.050 may issue to one or more counties of the state and may be served in the same manner as any other warrant of arrest issued by a magistrate. [Amended by 1973 c.836 258]
ORS Chapter 137 — Judgment and Execution;

ORS 137.074. Fingerprints of convicted felons and certain misdemeanants required. When a person is convicted of a felony, a Class A misdemeanor or a sex crime, as defined in ORS 163A.005, the court shall ensure that the persons fingerprints have been taken. The law enforcement agency attending upon the court is the agency responsible for obtaining the fingerprints. The agency attending upon the court may, by agreement, arrange for another law enforcement agency to obtain the fingerprints on its behalf. [1989 c.790 19; 1997 c.538 14] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.077. Presentence report; general principles of disclosure. The presentence report is not a public record and shall be available only to: (1) The sentencing court for the purpose of assisting the court in determining the proper sentence to impose and to other judges who participate in a sentencing council discussion of the defendant. The sentencing judge may disclose information from the presentence report that is necessary to address the content of the report, examine the reasoning for a sentencing recommendation or to explain the reasons for the sentence imposed. Appellate judges may disclose information from the presentence report that is necessary for legal analysis of the case or to report the reasoning of the appellate court. (2) The Department of Corrections, State Board of Parole and Post-Prison Supervision and other persons or agencies having a legitimate professional interest in the information likely to be contained therein. These agencies or persons may make the presentence report, or any reports based on the contents of that report, available to the victim. (3) Appellate or review courts where relevant to an issue on which an appeal is taken or post-conviction relief sought. (4) The district attorney, the defendant or the counsel of the defendant, as provided in ORS 137.079. The district attorney and counsel of the defendant may retain a copy of the presentence report as a part of the permanent records of the case. The district attorney and counsel of the defendant may disclose the contents of the presentence report to individuals or agencies when preparing for the sentencing of the defendant. Individuals and agencies include victims, psychologists, psychiatrists, physicians licensed under ORS 677.100 to 677.228 and any other person or agency who may assist the state or the defendant at the time of sentencing.
ORS Chapter 137 — Judgment and Execution;

ORS 137.080. Consideration of circumstances in aggravation or mitigation of punishment. (1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, in a case where discretion is conferred upon the court as to the extent of the punishment to be inflicted, the court, upon the suggestion of either party that there are circumstances which may be properly considered in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time and upon such notice to the adverse party as it may direct. (2) Notwithstanding any other provision of law, the consideration of aggravating and mitigating circumstances as to felonies committed on or after November 1, 1989, including the maximum sentence that may be imposed because of aggravating circumstances, shall be in accordance with rules of the Oregon Criminal Justice Commission. [Amended by 1989 c.790 9]
ORS Chapter 137 — Judgment and Execution;

ORS 137.085. Age and physical disability of victim as factors in sentencing. When a court sentences a defendant convicted of any crime involving a physical or sexual assault, the court shall give consideration to a victims particular vulnerability to injury in such case, due to the victims youth, advanced age or physical disability. Such particular vulnerability of the victim is a fact enhancing the seriousness of any assault, and the court shall consider it as such in imposing the sentence within the limits otherwise provided by law. [1985 c.767 1] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.090. Considerations in determining aggravation or mitigation. (1) In determining aggravation or mitigation, the court shall consider: (a) Any evidence received during the proceeding; (b) The presentence report, where one is available; and (c) Any other evidence relevant to aggravation or mitigation that the court finds trustworthy and reliable. (2) In determining mitigation, the court may consider: (a) Evidence regarding the defendants status as a servicemember as defined in ORS 135.881. (b) Whether the defendant committed the crime while under duress, compulsion, direction or pressure from another person who has: (A) Committed acts of domestic violence, as defined in ORS 135.230, against the defendant; (B) Committed acts of abuse as a family or household member of the defendant, as those terms are defined in ORS 107.705, against the defendant; or (C) Used force, intimidation, fraud or coercion to cause the defendant to engage, or attempt to engage, in a commercial sex act. (3) In determining aggravation, the court shall consider whether the person was wearing body armor in the course of and in furtherance of the crime, or to facilitate the immediate flight therefrom. (4) When a witness is so sick or infirm as to be unable to attend a sentencing proceeding, the deposition of the witness may be taken out of court at such time and place, and upon such notice to the adverse party, and before such person authorized to take depositions, as the court directs.
ORS Chapter 137 — Judgment and Execution;

ORS 137.100. Defendant as witness in relation to circumstances. 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. (Compensatory Fine)
ORS Chapter 137 — Judgment and Execution;

ORS 137.101. Compensatory fine. (1) Whenever the court imposes a fine as penalty for the commission of a crime resulting in injury for which the person injured by the act constituting the crime has a remedy by civil action, unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction, the court may order that the defendant pay any portion of the fine separately to the clerk of the court as compensatory fines in the case. The clerk shall pay over to the injured victim or victims, as directed in the courts order, moneys paid to the court as compensatory fines under this subsection. This section shall be liberally construed in favor of victims. (2) Compensatory fines may be awarded in addition to restitution awarded under ORS
ORS Chapter 137 — Judgment and Execution;

ORS 137.103. Definitions for ORS 137.101 to 137.109. As used in ORS 137.101 to 137.109: (1) Criminal activities means any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant. (2) Economic damages: (a) Has the meaning given that term in ORS 31.705, except that economic damages does not include future impairment of earning capacity; and (b) In cases involving criminal activities described in ORS 163.263, 163.264 or 163.266, includes the greater of: (A) The value to the defendant of the victims services as defined in ORS 163.261; or (B) The value of the victims services, as defined in ORS 163.261, computed using the minimum wage established under ORS 653.025 and the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (3) Restitution means full, partial or nominal payment of economic damages to a victim. Restitution is independent of and may be awarded in addition to a compensatory fine awarded under ORS 137.101. (4) Victim means: (a) The person or decedent against whom the defendant committed the criminal offense, if the court determines that the person or decedent has suffered or did suffer economic damages as a result of the offense. (b) Any person not described in paragraph (a) of this subsection whom the court determines has suffered economic damages as a result of the defendants criminal activities. (c) The Criminal Injuries Compensation Account, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection. (d) An insurance carrier, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection. (e) Upon the death of a victim described in paragraph (a) or (b) of this subsection, the estate of the victim. (f) The estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust against which the defendant committed the criminal offense, if the court determines that the estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust suffered economic damages as a result of the offense. (5) Victim does not include any coparticipant in the defendants criminal activities.
ORS Chapter 137 — Judgment and Execution;

ORS 137.105. Authority of trial court during pendency of appeal. (1) The trial court retains authority during the pendency of an appeal to determine restitution and to enter a supplemental judgment specifying the amount and terms of restitution or an order denying restitution. (2) If the trial court enters a supplemental judgment or an order under subsection (1) of this section during the pendency of an appeal, the trial court administrator shall immediately provide a copy of the supplemental judgment or the order to the appellate court. [2017 c.529 19] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.107. Authority of court to amend part of judgment relating to restitution. At any time after entry of a judgment upon conviction of a crime, the court may amend that part of the judgment relating to restitution if, in the original judgment, the court included language imposing, recommending or requiring restitution but failed to conform the judgment to the requirements of ORS 18.048 or any other law governing the form of judgments in effect before January 1, 2004. [1997 c.526 2; 2003 c.576 163] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.108. Restitution when defendant has entered into diversion agreement. (1) When a person has entered into a driving while under the influence of intoxicants diversion agreement and the persons actions resulted in economic damages, the district attorney shall investigate and present to the court within 90 days of when the diversion agreement is entered, evidence of the nature and amount of the damages. If the court finds from the evidence presented that a victim suffered economic damages, the court shall order the defendant to pay restitution and include in the diversion agreement one of the following: (a) A requirement that the defendant pay the victim restitution in a specific amount that equals the full amount of the victims economic damages as determined by the court. (b) A requirement that the defendant pay the victim restitution in a specific amount that is less than the full amount of the victims economic damages, with the consent of the victim. (2) After the district attorney makes a presentation described in subsection (1) of this section, if the court is unable to find from the evidence presented that a victim suffered economic damages, the court shall make a finding on the record to that effect. (3) A finding made by the court under this section, or a failure of the court to make a finding, does not limit or impair the right of a person injured to sue and recover damages in a civil action as provided in ORS 137.109. (4) If the defendant objects to the imposition, amount or distribution of the restitution, the court shall allow the defendant to be heard on such issue at the time the court determines the amount of restitution. (5) As used in this section, victim includes any person the court determines has suffered economic damages as a result of the act that has brought the defendant before the court for the purpose of entering into a driving while under the influence of intoxicants diversion agreement.
ORS Chapter 137 — Judgment and Execution;

ORS 137.109. Effect of restitution order on other remedies of victim; credit of restitution against subsequent civil judgment; effect of criminal judgment on subsequent civil action. (1) Nothing in ORS 137.103 to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 limits or impairs the right of a person injured by a defendants commission of a crime, by a defendants commission of a violation described in ORS 153.008, or by a defendants commission of an act that has brought the defendant before the court for the purpose of entering into a driving while under the influence of intoxicants diversion agreement, to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay restitution pursuant to ORS 137.103 to 137.109,
ORS Chapter 137 — Judgment and Execution;

ORS 137.110. [Repealed by 1973 c.836 358]
ORS Chapter 137 — Judgment and Execution;

ORS 137.117. [1955 c.636 10; 1961 c.266 1; 1961 c.424 4; repealed by 1971 c.743 432] (Collection of Monetary Obligations)
ORS Chapter 137 — Judgment and Execution;

ORS 137.119. [1963 c.320 1; 1969 c.502 3; 1969 c.597 124; repealed by 1971 c.743 432] (Term and Place of Confinement)
ORS Chapter 137 — Judgment and Execution;

ORS 137.120. Term of sentence; reasons to be stated on record. (1) Whenever any person is convicted of a felony committed prior to November 1, 1989, the court shall, unless it imposes other than a sentence to serve a term of imprisonment in the custody of the Department of Corrections, sentence such person to imprisonment for an indeterminate period of time, but stating and fixing in the judgment and sentence a maximum term for the crime, which shall not exceed the maximum term of imprisonment provided by law therefor; and judgment shall be given accordingly. Such a sentence shall be known as an indeterminate sentence. The court shall state on the record the reasons for the sentence imposed. (2) Whenever any person is convicted of a felony committed on or after November 1, 1989, the court shall impose sentence in accordance with rules of the Oregon Criminal Justice Commission. (3) This section does not affect the indictment, prosecution, trial, verdict, judgment or punishment of any felony committed before June 14, 1939, and all laws now and before that date in effect relating to such a felony are continued in full force and effect as to such a felony.
ORS Chapter 137 — Judgment and Execution;

ORS 137.121. Maximum consecutive sentences. Notwithstanding any other provision of law, but subject to ORS 161.605, the maximum consecutive sentences which may be imposed for felonies committed on or after November 1, 1989, whether as terms of imprisonment, probation or both, shall be as provided by rules of the Oregon Criminal Justice Commission. [1989 c.790 14] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.123. Provisions relating to concurrent and consecutive sentences. (1) A sentence imposed by the court may be made concurrent or consecutive to any other sentence which has been previously imposed or is simultaneously imposed upon the same defendant. The court may provide for consecutive sentences only in accordance with the provisions of this section. A sentence shall be deemed to be a concurrent term unless the judgment expressly provides for consecutive sentences. (2) If a defendant is simultaneously sentenced for criminal offenses that do not arise from the same continuous and uninterrupted course of conduct, or if the defendant previously was sentenced by any other court within the United States to a sentence which the defendant has not yet completed, the court may impose a sentence concurrent with or consecutive to the other sentence or sentences. (3) When a defendant is sentenced for a crime committed while the defendant was incarcerated after sentencing for the commission of a previous crime, the court shall provide that the sentence for the new crime be consecutive to the sentence for the previous crime. (4) When a defendant has been found guilty of more than one criminal offense arising out of a continuous and uninterrupted course of conduct, the sentences imposed for each resulting conviction shall be concurrent unless the court complies with the procedures set forth in subsection (5) of this section. (5) The court has discretion to impose consecutive terms of imprisonment for separate convictions arising out of a continuous and uninterrupted course of conduct only if the court finds: (a) That the criminal offense for which a consecutive sentence is contemplated was not merely an incidental violation of a separate statutory provision in the course of the commission of a more serious crime but rather was an indication of defendants willingness to commit more than one criminal offense; or (b) The criminal offense for which a consecutive sentence is contemplated caused or created a risk of causing greater or qualitatively different loss, injury or harm to the victim or caused or created a risk of causing loss, injury or harm to a different victim than was caused or threatened by the other offense or offenses committed during a continuous and uninterrupted course of conduct.
ORS Chapter 137 — Judgment and Execution;

ORS 137.125. [1955 c.660 3; repealed by 1967 c.585 8] (Community Service)
ORS Chapter 137 — Judgment and Execution;

ORS 137.126. Definitions for ORS 137.126 to 137.131. As used in ORS 137.126 to 137.131: (1) Community service means uncompensated labor for an agency whose purpose is to enhance physical or mental stability, environmental quality or the social welfare. (2) Agency means a nonprofit organization or public body agreeing to accept community service from offenders and to report on the progress of ordered community service to the court or its delegate.
ORS Chapter 137 — Judgment and Execution;

ORS 137.128. Community service as part of sentence; effect of failure to perform community service. (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 offenders 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]
ORS Chapter 137 — Judgment and Execution;

ORS 137.129. Length of community service sentence. The length of a community service sentence shall be within these limits: (1) For a violation, not more than 48 hours. (2) For a misdemeanor other than driving under the influence of intoxicants in violation of ORS 813.010, not more than 160 hours. (3)(a) For a felony committed prior to November 1, 1993, not more than 500 hours. (b) For a felony committed on or after November 1, 1993, as provided in the rules of the Oregon Criminal Justice Commission. (4) Except as provided in subsection (5) of this section, for a violation of driving while under the influence of intoxicants under ORS 813.010 committed while operating a vehicle, other than a bicycle as defined in ORS 801.150, not less than 80 hours or more than 250 hours. (5) For a violation of driving while under the influence of intoxicants under ORS 813.010 committed while riding a bicycle, as defined in ORS 801.150, 48 hours.
ORS Chapter 137 — Judgment and Execution;

ORS 137.130. [Repealed by 1987 c.550 5]
ORS Chapter 137 — Judgment and Execution;

ORS 137.131. Community service as condition of probation for offense involving graffiti. (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] (Forfeiture of Weapons)
ORS Chapter 137 — Judgment and Execution;

ORS 137.138. Forfeiture of weapons and revocation of hunting license for certain convictions. (1) In addition to and not in lieu of any other sentence it may impose, a court shall require a defendant convicted under ORS 164.365, 166.663, 167.315, 498.056 or 498.146 or other state, county or municipal laws, for an act involving or connected with injuring, damaging, mistreating or killing a livestock animal, to forfeit any rights in weapons used in connection with the act underlying the conviction. (2) In addition to and not in lieu of any other sentence it may impose, a court shall revoke any hunting license possessed by a defendant convicted as described in subsection (1) of this section. (3) The State Fish and Wildlife Director shall refuse to issue a hunting license to a defendant convicted as described under subsection (1) of this section for a period of two years following the conviction. (4) As used in this section, livestock animal has the meaning given in ORS 164.055. [1999 c.766 1; 2001 c.666 27,39; 2005 c.830 21] Note:
ORS Chapter 137 — Judgment and Execution;

ORS 137.140. [Amended by 1973 c.836 263; 1987 c.550 3; renumbered 137.167 in 2013] (Payment of Monetary Obligations)