reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.805 - UTC 1002. Damages for breach of trust.

(1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greatest of:
(a) The amount of damages caused by the breach;
(b) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
(c) The profit the trustee made by reason of the breach.
(2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. In determining the amount of contribution, the court shall consider the degree of fault of each trustee and whether any trustee or trustees acted in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. [2005 c.348 §84; 2017 c.17 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.810 - UTC 1003. Damages in absence of breach.

(1) Except as provided by ORS 130.725 (4) and (15) or 709.175 or other law of this state, a trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, without regard to whether the profit resulted from a breach of trust.
(2) Unless there is a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit. [2005 c.348 §85]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.815 - UTC 1004. Attorney fees and costs.

In a judicial proceeding involving the validity or administration of a trust, the court may award costs and expenses and reasonable attorney’s fees to any party, to be paid by another party or from the trust. [2005 c.348 §86]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.820 - UTC 1005. Limitation of action against trustee.

(1) Notwithstanding ORS chapter 12 or any other provision of law, but subject to subsection (2) of this section, a civil action against a trustee based on any act or omission of the trustee, whether based in tort, contract or other theory of recovery, must be commenced within six years after the date the act or omission is discovered, or six years after the date the act or omission should have been discovered, whichever is earlier.
(2) A beneficiary may not commence a proceeding against a trustee more than one year after the date the beneficiary or a representative of the beneficiary is sent a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the time allowed for commencing a proceeding. A copy of this section must be attached to the report. The report must provide sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(3) If subsections (1) and (2) of this section do not apply, a judicial proceeding against a trustee must be commenced within 10 years from the date of the act or omission complained of, or two years from the termination of any fiduciary account established under the trust, whichever is later. [2005 c.348 §87]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.825 - UTC 1006. Reliance on trust instrument.

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. [2005 c.348 §88]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.830 - UTC 1007. Event affecting administration or distribution.

A trustee is not liable for failing to determine whether a marriage, a divorce, a death, the performance of educational requirements or another event affecting the administration or distribution of a trust has occurred if the trustee has exercised reasonable care in attempting to determine whether the event has occurred. [2005 c.348 §89]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.835 - UTC 1008. Exculpation of trustee.

(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:
(a) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(b) Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:
(a) The settlor is represented by an independent counsel who reviewed the term; or
(b) The trustee proves that the exculpatory term is fair under the circumstances and that the term’s existence and contents were adequately communicated to the settlor. [2005 c.348 §90]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.840 - UTC 1009. Beneficiary’s consent, release or ratification.

If a beneficiary consents to conduct of a trustee that constitutes a breach of trust, releases a trustee from liability for a breach of trust or ratifies a transaction entered into by a trustee that constitutes a breach of trust, the trustee is not liable to the beneficiary for the breach of trust unless:
(1) The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary’s rights or know of the material facts relating to the breach. [2005 c.348 §91]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.845 - UTC 1010. Limitation on personal liability of trustee.

(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee disclosed the trustee’s fiduciary capacity in the contract.
(2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(3) The following claims may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim:
(a) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity.
(b) A claim based on an obligation arising from ownership or control of trust property.
(c) A claim based on a tort committed in the course of administering a trust.
(4) This section does not impose personal liability on a trustee solely because the trustee holds property under an instrument that shows title in the name of the trustee but does not state that the trustee holds the property in a representative capacity. [2005 c.348 §92]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.850 - UTC 1011. Interest as general partner.

(1) Except as otherwise provided in subsection (3) of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the trustee’s fiduciary capacity is disclosed.
(2) Except as otherwise provided in subsection (3) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(3) The immunity provided by this section does not apply if an interest in a partnership is held by the trustee in a capacity other than that of trustee.
(4) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership to the same extent that the settlor would be liable if the settlor were a general partner. [2005 c.348 §93]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.855 - UTC 1012. Protection of person dealing with trustee.

(1) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, is not liable for acts of the trustee that exceed the trustee’s powers or for the improper exercise of the trustee’s powers, unless the person knows that the trustee has exceeded the trustee’s powers or improperly exercised those powers.
(2) A person other than a beneficiary who deals with a trustee in good faith is not required to inquire about the extent of the trustee’s powers or about the propriety of the trustee’s exercise of those powers.
(3) A person who in good faith delivers assets to a trustee need not ensure that the assets are properly applied.
(4) Any person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is not liable solely because the former trustee is no longer a trustee.
(5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. [2005 c.348 §94]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.900 - Uniformity of application and construction.

In applying and construing ORS chapter 130, consideration must be given to the need to promote uniformity of the law with respect to trusts among states that enact the Uniform Trust Code. [2005 c.348 §96]
Note:
130.900 to 130.910 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 130 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.905 - UTC 1102. Electronic records and signatures.

The legal effect, validity or enforceability of electronic records or electronic signatures under ORS chapter 130, and of contracts formed or performed with the use of such records or signatures, are governed by ORS 84.001 to 84.061. [2005 c.348 §97]
Note:
See note under 130.900.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 130 - Uniform Trust Code › Section 130.910 - UTC 1106. Application.

(1) Except as otherwise provided in ORS chapter 130:
(a) ORS chapter 130 applies to all trusts created before, on or after January 1, 2006.
(b) ORS chapter 130 does not apply to judicial, administrative and other proceedings concerning trusts commenced before January 1, 2006.
(c) Any rule of construction or presumption provided in ORS chapter 130 applies to trust instruments executed before January 1, 2006, unless there is a clear indication of a contrary intent in the terms of the trust.
(d) An act done before January 1, 2006, is not affected by ORS chapter 130.
(2) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2006, that statute continues to apply to the right even if it has been repealed or superseded. [2005 c.348 §98]
Note:
See note under 130.900.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.007 - "Victim" defined.

As used in ORS 40.385, 135.230, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, "victim" means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime 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 §17; 1993 c.294 §3; 1997 c.313 §30; 2009 c.178 §32; 2013 c.144 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.015 - Application to prior and subsequent actions.

(1) The provisions of chapter 836, Oregon Laws 1973, apply to:
(a) All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and
(b) All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974.
(2) The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 §2]
Note:
See note under 131.005.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.025 - Parties in criminal action.

Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.035 - When departures, errors or mistakes in pleadings or proceedings are material.

No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.040 - When law enforcement officer may communicate with person represented by counsel.

A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:
(1) The communication is related to a criminal investigation;
(2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and
(3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.045 - Appearances by simultaneous electronic transmission.

(1) As used in this section:
(a) "Criminal proceeding" has the meaning given that term in ORS 131.005.
(b) "Parties" means the State of Oregon and the person being prosecuted.
(c) "Simultaneous electronic transmission" means television, telephone or any other form of electronic communication transmission if the form of transmission allows:
(A) The court and the person making the appearance to communicate with each other during the proceeding;
(B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;
(C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and
(D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.
(2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if:
(a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section;
(b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and
(c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute.
(3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.
(4) Notwithstanding subsection (2)(b) of this section, a witness in a criminal proceeding may not appear before a jury by simultaneous electronic transmission without the written consent of the parties and the agreement of the court.
(5) This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 §4; 2009 c.219 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.105 - Timeliness of criminal actions.

A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.135 - When prosecution commenced.

A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.145 - When time starts to run; tolling of statute.

(1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed.
(2) Except as provided in ORS 131.155, the period of limitation does not run during:
(a) Any time when the accused is not an inhabitant of or usually resident within this state; or
(b) Any time when the accused hides within the state so as to prevent process being served upon the accused.
(3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 §8; 1987 c.158 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.155 - Tolling of statute; three-year maximum.

Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.205 - Definition for ORS 131.205 to 131.235.

As used in ORS 131.205 to 131.235, "this state" means the land and water and the airspace above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.215 - Jurisdiction.

Except as otherwise provided in ORS 131.205 to 131.235, a person is subject to prosecution under the laws of this state for an offense that the person commits by the conduct of the person or the conduct of another for which the person is criminally liable if:
(1) Either the conduct that is an element of the offense or the result that is an element occurs within this state; or
(2) Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or
(3) Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or
(4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or
(5) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or
(6) The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.225 - Exceptions.

(1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS 131.215 (1) does not apply if:
(a) Either causing a specified result or an intent to cause or danger of causing that result is an element of an offense; and
(b) The result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense.
(2) ORS 131.215 (1) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside this state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within this state. [1973 c.836 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.235 - Criminal homicide.

(1) If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a "result" within the meaning of ORS 131.215 (1).
(2) If the body, or a part thereof, of a criminal homicide victim is found within this state, it shall be prima facie evidence that the result occurred within this state. [1973 c.836 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.305 - Place of trial.

(1) Except as otherwise provided in ORS 131.305 to 131.415, criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred.
(2) All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 to 131.363. [1973 c.836 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.325 - Place of trial; doubt as to place of crime; conduct outside of state.

If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.335 - Change of venue.

In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.345 - Motion for change of venue; when made.

A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact. [1973 c.836 §18]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.355 - Change of venue for prejudice.

The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.363 - Change of venue in other cases.

For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.375 - Notification on change of venue.

When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 §21; 2017 c.252 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.385 - When change of venue is complete.

The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 §22; 2017 c.252 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.395 - Expenses of change; taxation as costs.

(1) The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.
(2) The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 §23]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.405 - Attendance of defendant at new place of trial.

(1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court.
(2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 §24]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.415 - Conveyance of defendant in custody after change of venue.

When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried. [1973 c.836 §25]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.505 - Definitions for ORS 131.505 to 131.525.

As used in ORS 131.505 to 131.525, unless the context requires otherwise:
(1) "Conduct" and "offense" have the meaning provided for those terms in ORS 161.085 and 161.505.
(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 (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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.515 - Previous prosecution; when a bar to second prosecution.

Except as provided in ORS 131.525 and 131.535:
(1) No person shall be prosecuted twice for the same offense.
(2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.
(3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.
(4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 §27; 1997 c.511 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.525 - Previous prosecution; when not a bar to subsequent prosecution.

(1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:
(a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination.
(b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:
(A) It is physically impossible to proceed with the trial in conformity with law; or
(B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or
(C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or
(D) The jury is unable to agree upon a verdict; or
(E) False statements of a juror on voir dire prevent a fair trial.
(c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.
(d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.
(2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 §28; 1983 c.509 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.535 - Proceedings not constituting acquittal.

The following proceedings will not constitute an acquittal of the same offense:
(1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or
(2) If the accusatory instrument was:
(a) Dismissed upon a demurrer to its form or substance;
(b) Dismissed upon any pretrial motion; or
(c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.553 - Legislative findings; effect on local laws; remedy not exclusive.

(1) The Legislative Assembly finds that:
(a) Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 to 131.600;
(b) Transactions involving property subject to criminal forfeiture under ORS 131.550 to 131.600 escape taxation;
(c) Perpetrators of crimes should not be allowed to keep the proceeds and instrumentalities of their crimes;
(d) Governments attempting to respond to prohibited conduct require additional resources to meet their needs; and
(e) There is a need to provide for the forfeiture of certain property subject to criminal forfeiture under ORS 131.550 to 131.600, to provide for the protection of the rights and interests of affected persons and to provide for uniformity throughout this state with respect to the laws of this state that pertain to the criminal forfeiture of real and personal property based upon prohibited conduct.
(2) ORS 131.550 to 131.600 do not impair the right of any city or county to enact ordinances providing for the criminal forfeiture of property based upon prohibited conduct if:
(a) The property was used to commit the conduct described in the ordinances, or constitutes proceeds of the conduct; and
(b) The criminal forfeiture is subject to procedures and limitations set forth in ORS 131.550 to 131.600.
(3) Nothing in ORS 131.550 to 131.600 may be construed to limit or impair any right or remedy that any person or entity may have under ORS 166.715 to 166.735. Criminal forfeiture is a remedy separate and apart from any other criminal penalty and from civil forfeiture or any other civil penalty. [2005 c.830 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.556 - Right, title and interest in forfeited property vests in seizing agency.

Subject to ORS 131.550 to 131.600, all right, title and interest in property forfeited under ORS 131.550 to 131.600 vest in the seizing agency upon commission of the prohibited conduct. [2005 c.830 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.566 - Motor vehicle with hidden compartment.

(1) When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency:
(a) Retains the motor vehicle for law enforcement purposes; or
(b) Determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle.
(2) Notwithstanding ORS 131.594 or 131.597, if the motor vehicle with a hidden compartment is forfeited and the seizing agency:
(a) Retains the motor vehicle for law enforcement purposes, the agency shall deduct the cost of disabling the hidden compartment from the value of the motor vehicle before making the distribution described in ORS 131.594 or 131.597.
(b) Does not retain the motor vehicle for law enforcement purposes and determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle, the agency shall sell the motor vehicle for scrap or salvage and distribute the proceeds of the sale according to ORS 131.594 or 131.597. The seizing agency shall ensure that the person to whom the motor vehicle is sold disables the hidden compartment or the motor vehicle.
(3) If a motor vehicle with a hidden compartment is forfeited and the seizing agency sells the motor vehicle, the agency shall deduct the cost of disabling the hidden compartment from the proceeds of the sale under ORS 131.594 (1)(a) or 131.597 (1)(a). [2009 c.874 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.567 - Recorded notice of intent to forfeit real property; form.

(1) Whenever a seizing agency intends to forfeit any real property under ORS 131.550 to 131.600, the seizing agency may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises or real property lies a notice of intent to forfeit real property under ORS 205.246. The notice must contain the legal description of the real property, the common address of the property, if any, and the name of the forfeiture counsel. From the time of recording the notice, and from that time only, the intent to forfeit is notice to purchasers and holders of encumbrances of the rights and equities in the premises of the party filing the notice. The notice must be recorded in the same book and in the same manner in which mortgages are recorded and may be discharged in like manner as mortgages are discharged, either by such party or the attorney signing the notice.
(2) Unless otherwise prescribed by law, a seizing agency recording a notice of intent to forfeit shall use substantially the following form:
______________________________________________________________________________
NOTICE OF INTENT
TO FORFEIT
Pursuant to ORS 131.567, the undersigned states:
That I, _______________ do declare that it is my intent to initiate criminal forfeiture proceedings on the following described real property:
1. The description of the real property to be affected is:
________________________
________________________
________________________
________________________
________________________
2. The common address of the property, if any, is:
________________________
________________________
________________________
Dated this ___ day of ________, ___.
This notice of intent to file forfeiture will expire on the ___ day of ________, ___, absent future filings.
Name of agency seeking forfeiture
________________________
Name of Forfeiture Counsel
________________________
Address
________________________
________________________
________________________
Telephone Number
________________________
State of Oregon )
) ss.
County of _____ )
The foregoing instrument was acknowledged before me this ___ day of ________, ___.
Notary Public for Oregon
My commission expires ________.
______________________________________________________________________________
(3) The notice of intent to forfeit property expires 30 days after the date of filing absent future filings to perfect. [2005 c.830 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.573 - Petition for expedited hearing.

(1) A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cause shown.
(2) A petition for an expedited hearing must contain a claim if no claim has previously been filed. The petition must reflect whether the petitioner seeks one or more of the following:
(a) A determination at the hearing that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct.
(b) An order restoring custody of seized property to the petitioner during the pendency of the proceedings if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding.
(c) Appointment of a receiver.
(3) A person filing a petition under this section shall serve a copy of the petition on all persons known to have an interest. Service must be accomplished as provided in ORCP 7 D. Service by publication is not required prior to an expedited hearing.
(4) The court shall hold a hearing within 15 days after service of all persons known to have an interest or at such later time as the court may allow for good cause shown. The hearing is limited to:
(a) Deciding whether the petitioner can prove that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct;
(b) Determining whether an order should be entered directing the return of the seized property to the claimant during the pendency of the hearing; and
(c) Determining whether an order should be entered directing the appointment of a receiver to manage property seized pursuant to ORS 131.550 to 131.600 pending a final determination as to the disposition of the property, if the petitioner or the seizing agency requests that order.
(5) The parties to a proceeding under ORS 131.582 may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order must comply with the requirements of ORS 131.576 (1). [2005 c.830 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131 - Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention › Section 131.576 - Order restoring custody of property after expedited hearing.

(1) An order restoring custody to a petitioner under ORS 131.573 shall:
(a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;
(b) Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and
(c) Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture.
(2) An order restoring custody to a petitioner under ORS 131.573 may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property.
(3) An order restoring custody to a petitioner under ORS 131.573 is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 §10]