reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.037 - Omnibus hearing; when held; subject; ruling of court; counsel required.

(1) At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing.
(2) The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues:
(a) Suppression of evidence.
(b) Challenges to identification procedures used by the prosecution.
(c) Challenges to voluntariness of admissions or confession.
(d) Challenges to the accusatory instrument.
(3) The court, at the time of the omnibus hearing, may also consider any matters that will facilitate trial by avoiding unnecessary proof or by simplifying the issues to be tried, or that are otherwise appropriate under the circumstances to facilitate disposition of the proceeding.
(4) At the conclusion of the hearing and prior to trial the court shall prepare and file an order setting forth all rulings of the court on issues raised under subsection (2) of this section. The court shall further prepare and file a memorandum of other matters agreed upon at the hearing. Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, admissions made by the defendant or the attorney of the defendant at the hearing may not be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney.
(5) This section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel. [1973 c.550 §2; 2009 c.11 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.040 - Right to counsel.

If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel. [Formerly 135.310]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.045 - Court appointment of counsel; waiver of counsel; appointment of legal advisor.

(1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.
(b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050, shall appoint counsel to represent the defendant.
(c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.
(d) If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and may, in accordance with ORS 135.050, appoint an attorney as the defendant’s legal advisor.
(2) Appointment of counsel, including a legal advisor, under this section is subject to ORS 135.050, 135.055 and 151.485 to 151.497. [Formerly 135.320; 1987 c.803 §13; 1989 c.171 §16; 1989 c.1053 §1a; 1991 c.790 §11; 2001 c.472 §1; 2001 c.962 §24]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.060 - Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment.

(1) When the defendant is arraigned, the defendant shall be informed that:
(a) If the name by which the defendant is charged in the accusatory instrument is not the true name of the defendant the defendant must then declare the true name; and
(b) If the defendant does not declare the true name as required by paragraph (a) of this subsection, the defendant is ineligible for any form of release other than a security release under ORS 135.265.
(2) The defendant or the attorney for the defendant may acknowledge the true name of the defendant at arraignment and the acknowledgment may not be used against the defendant at trial on the underlying charge or any other criminal charge or fugitive complaint except that:
(a) The use of different names can be used in determining the defendant’s release status if the defendant has used different names in different proceedings; and
(b) A defendant who intentionally falsifies the defendant’s name under this section or ORS 135.065 while under oath or affirmation is subject to prosecution under ORS 162.065.
(3) As used in this section and ORS 135.065, "true name" means:
(a) The name on the defendant’s certified copy of the record of live birth;
(b) The defendant’s birth name; or
(c) If the defendant’s name has been changed by court order or by operation of law, the name as changed by court order or operation of law. [Formerly 135.340; 2003 c.645 §4; 2013 c.366 §64]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.065 - Name used in further proceedings; motion to strike false name.

(1) If the defendant gives no other name, the court may proceed against the defendant by the name in the accusatory instrument. If the defendant is charged by indictment or information and alleges that another name is the true name of the defendant, the court shall direct an entry thereof to be made in its register, and the subsequent proceedings on the accusatory instrument may be had against the defendant by that name, referring also to the name by which the defendant is charged. Before proceeding against the defendant as provided in this subsection, the court shall attempt to determine the true name of the defendant. If a certified copy of the record of live birth for the defendant was never issued, the court shall ask the defendant, under oath or affirmation, to give the defendant’s true name. The court shall proceed under the name given unless the court is persuaded by a preponderance of the evidence that the name is not the defendant’s true name.
(2) Upon motion of the defendant, all names, other than the true name of the defendant, shall be stricken from any accusatory instrument read or submitted to the jury.
(3)(a) The following may file a motion requesting that a false name used by a defendant be stricken from an accusatory instrument, warrant of arrest or judgment and that the defendant’s true name, if known, be substituted:
(A) The district attorney; or
(B) A person whose name is the same as the false name used by the defendant.
(b) Before the court may grant a motion filed under paragraph (a)(B) of this subsection, the court must provide the district attorney with notice of the motion and an opportunity to respond.
(c) If the court grants a motion under this subsection, the court shall order that the false name be stricken from the accusatory instrument, warrant of arrest or judgment and that the defendant’s true name be substituted. In addition, the court shall order that any warrant of arrest of the defendant reflect that the defendant uses a name other than the defendant’s true name. [Formerly 135.350; 1985 c.540 §31; 2003 c.645 §5; 2013 c.366 §65]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.067 - Effect of failure to provide true name of defendant on certain types of release.

If a defendant, on or after August 12, 2003, fails to provide the defendant’s true name under ORS 135.060 or 135.065 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. [2003 c.645 §7]
Note:
135.067 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.070 - Informing defendant as to charge, right to counsel, use of statement and preliminary hearing.

When the defendant against whom an information has been filed in a preliminary proceeding appears before a magistrate on a charge of having committed a crime punishable as a felony, before any further proceedings are had the magistrate shall read to the defendant the information and shall inform the defendant:
(1) Of the defendant’s right to the aid of counsel, that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant.
(2) That the defendant is entitled to a preliminary hearing and of the nature of a preliminary hearing. If a preliminary hearing is requested, it shall be held as soon as practicable but in any event within five judicial days if the defendant is in custody or within 30 days if the defendant is not in custody. The time may be extended for good cause shown.
(3) That if the defendant is on parole, evidence received and the order of the court at the preliminary hearing may be used by the State Board of Parole and Post-Prison Supervision to establish that probable cause exists to believe that a violation of a condition of parole has occurred; and further, that should the defendant waive the defendant’s right to a preliminary hearing, such waiver shall also constitute a waiver of a hearing by the board to determine whether there is probable cause to believe that a violation of one or more of the conditions of parole has occurred. [Formerly 133.610; 1981 c.644 §2; 1997 c.823 §1; 2013 c.74 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.073 - Statement by defendant when not advised of rights.

Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible before the grand jury. [1973 c.836 §61]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.075 - Obtaining counsel.

The magistrate shall allow the defendant a reasonable time to obtain counsel and shall adjourn the proceeding for that purpose. A defendant who is committed pending examination shall be given a reasonable opportunity to obtain counsel, including but not limited to a reasonable use of the telephone. As used in this section, "counsel" includes a legal advisor appointed under ORS 135.045. [Formerly 133.620; 2001 c.472 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.085 - Subpoenaing witnesses.

(1) The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing.
(2) If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570. [Formerly 133.660; 1987 c.606 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.095 - Right of defendant to make or waive making a statement.

When the examination of the witnesses on the part of the state is closed, the magistrate shall inform the defendant that it is the right of the defendant to make a statement in relation to the charge against the defendant; that the statement is designed to enable the defendant, if the defendant sees fit, to answer the charge and explain the facts alleged against the defendant; that the defendant is at liberty to waive making a statement; and that the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.680]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.100 - Statement of defendant.

If the defendant chooses to make a statement, the magistrate shall take it in a recorded proceeding without oath, and shall put to the defendant the following questions only:
(1) What is your name and age?
(2) Where were you born?
(3) Where do you reside and how long have you resided there?
(4) What is your business or occupation?
(5) Give any explanation you think proper of the circumstances appearing in the testimony against you and state any facts which you think will tend to your exculpation. [Formerly 133.690; 1991 c.790 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.115 - Waiver of right to make statement.

If the defendant waives the right of the defendant to make a statement, the fact of the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.710; 1991 c.790 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.155 - Retention of record and statements by magistrate; inspection.

The magistrate shall keep the record of the preliminary hearing and the statement of the defendant, if any, until the record is returned to the proper court and shall not permit the record to be inspected by any person, except the district attorney of the county or the attorney who acts for the district attorney and the defendant and the counsel of the defendant. [Formerly 133.750; 1991 c.790 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.165 - Counsel for complainant; district attorney.

The complainant may employ counsel to appear against the defendant in every stage of the preliminary hearing; but the district attorney for the county, either in person or by some attorney authorized to act for the district attorney, is entitled to appear on behalf of the state and control and direct the prosecution. [Formerly 133.760]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.173 - Oregon Evidence Code to apply in preliminary hearings; exception.

The Oregon Evidence Code shall apply in any preliminary hearing under this chapter, 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. [1981 c.892 §88b]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.175 - Discharge.

After hearing the evidence and the statement of the defendant, if the defendant has made one, unless there is a showing of probable cause that a crime has been committed and that the defendant committed it, the magistrate shall dismiss the information and order the defendant to be discharged. [Formerly 133.810]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.185 - Holding defendant to answer; use of hearsay evidence.

If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existence of probable cause, shall consider:
(1) The extent to which the hearsay quality of the evidence affects the weight it should be given; and
(2) The likelihood of evidence other than hearsay being available at trial to provide the information furnished by hearsay at the preliminary hearing. [Formerly 133.820; 1981 c.892 §88c; 2007 c.71 §33]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.195 - Commitment.

If the magistrate orders the defendant to be held to answer, the magistrate shall make out a commitment, signed by the magistrate with the name of office of the magistrate, and deliver it with the defendant to the officer to whom the defendant is committed or, if that officer is not present, to any peace officer, who shall immediately deliver the defendant into the proper custody, together with the commitment. [Formerly 133.830]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.205 - Indorsement in certain cases.

When the magistrate delivers the defendant to a peace officer other than the one to whom the defendant is committed, the magistrate shall first make an indorsement on the commitment directing the officer to deliver the defendant and the commitment to the custody of the appropriate sheriff. [Formerly 133.840]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.215 - Direction to sheriff; detention of defendant.

The commitment shall be directed to the sheriff of the county in which the magistrate is sitting. Such sheriff shall receive and detain the defendant, as thereby commanded, in a jail located in the county of the sheriff or, if there is no sufficient jail in the county, by such means as may be necessary and proper therefor or by confining the defendant in the jail of an adjoining county within or without the state. [Formerly 133.850; 1987 c.550 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.225 - Forwarding of papers by magistrate.

When the magistrate has held the defendant to answer, the magistrate shall at once forward to the court in which the defendant would be triable:
(1) The warrant, if any;
(2) The information;
(3) The statement of the defendant, if the defendant made one;
(4) The memoranda mentioned in ORS 135.115 and 135.145;
(5) The release agreement or security release of the defendant; and
(6) If applicable, any security taken for the appearance of witnesses. [Formerly 133.860; 2005 c.22 §108]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.233 - Standing pretrial release orders; guidelines for orders.

(1) The presiding judge of a judicial district shall enter a standing pretrial release order specifying to the sheriff of the county, or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district, those persons and offenses:
(a) Subject to release on recognizance;
(b) Subject to release with special conditions as specified in the order; and
(c) That are not eligible for release until arraignment.
(2) The Chief Justice of the Supreme Court, with input from a criminal justice advisory committee appointed by the Chief Justice, shall establish release guidelines for the pretrial release orders described in this section to:
(a) Provide consistent release decision-making structure across the state;
(b) Reduce reliance on the use of security;
(c) Include provisions for victim notification and input; and
(d) Balance the rights of the defendant and presumption of pretrial release against community and victim safety and the risk of failure to appear. [2021 c.643 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.235 - Release assistance officers; appointment; duties.

(1) A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court.
(2) A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection (3) of this section. If the release assistance officer is able to contact the victim:
(a) Information regarding the victim’s position on release, including whether special release conditions should be imposed, must be included in the report described in subsection (3) of this section, and considered by the release assistance officer if the officer makes the release decision; and
(b) If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant’s arraignment or other first appearance.
(3) The release assistance officer shall verify release criteria information and may either:
(a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or
(b) If delegated release authority by the presiding judge for the judicial district, make the release decision.
(4) As used in this section, "victim" means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual. [1973 c.836 §147; 1981 s.s. c.3 §37; 1995 c.781 §40; 2021 c.643 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.240 - Releasable offenses.

(1) Except as provided in subsections (2) and (4) of this section, a defendant shall be released in accordance with ORS 135.230 to 135.290.
(2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty.
(b) When the defendant is charged with murder or aggravated murder and the proof is not evident nor the presumption strong that the defendant is guilty, the court shall determine the issue of release as provided in subsection (4) of this section. In determining the issue of release under subsection (4) of this section, the court may consider any evidence used in making the determination required by this subsection.
(3) The magistrate may conduct such hearing as the magistrate considers necessary to determine whether, under subsection (2) of this section, the proof is evident or the presumption strong that the person is guilty.
(4)(a) When the defendant is charged with a violent felony, release shall be denied if the court finds:
(A) Except when the defendant is charged by indictment, that there is probable cause to believe that the defendant committed the crime; and
(B) By clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release.
(b) If the defendant wants to have a hearing on the issue of release, the defendant must request the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing, the court must hold the hearing within five days of the request.
(c) At the release hearing, unless the state stipulates to the setting of security or release, the court shall make the inquiry set forth in paragraph (a) of this subsection. The state has the burden of producing evidence at the release hearing subject to ORS 40.015 (4).
(d) The defendant may be represented by counsel and may present evidence on any relevant issue. However, the hearing may not be used for purposes of discovery.
(e) If the court determines that the defendant is eligible for release in accordance with this subsection, the court shall set security or other appropriate conditions of release.
(f) When a defendant who has been released violates a condition of release and the violation:
(A) Constitutes a new criminal offense, the court shall cause the defendant to be taken back into custody and shall order the defendant held pending trial without release.
(B) Does not constitute a new criminal offense, the court may order the defendant to be taken back into custody and may order the defendant held pending trial or may make a new release decision.
(5) For purposes of this section, "violent felony" means a felony offense in which there was an actual or threatened serious physical injury to the victim, or a felony sexual offense. [1973 c.836 §148; 1997 c.313 §19; 2001 c.104 §45; 2007 c.194 §1; 2007 c.879 §9; 2021 c.643 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.246 - Release conditions related to medical use of cannabis.

(1) As used in this section, "cannabinoid concentrate," "cannabinoid extract," "medical cannabinoid product," "registry identification card" and "usable marijuana" have the meanings given those terms in ORS 475C.777.
(2) If a person who holds a registry identification card is released under ORS 135.230 to 135.290, any release conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as would be imposed release conditions related to prescription drugs. [2016 c.24 §53b; 2019 c.292 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.247 - Order prohibiting contact with victim of sex crime, crime involving bias or domestic violence.

(1) When a release assistance officer makes a release decision under ORS 135.235 involving a defendant charged with a sex crime, a crime involving bias or a crime constituting domestic violence, the release assistance officer shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer shall provide the defendant with a written copy of the order.
(2) When a defendant who is charged with a sex crime, a crime involving bias or a crime that constitutes domestic violence is arraigned, the court shall enter an order continuing an order issued under subsection (1) of this section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody.
(3) Except as provided in subsection (4) of this section, an order described in subsection (1) or (2) of this section:
(a) Shall apply at any time during which the defendant is held in custody on the charge; and
(b) Shall remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime.
(4) Upon petition of the victim, the court may enter an order terminating an order entered under subsection (1) or (2) of this section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community.
(5) An order described in subsection (1) or (2) of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970 (2).
(6) As used in this section:
(a) "Crime involving bias" means intimidation by display of a noose under ORS 163.191, bias crime in the second degree under ORS 166.155 or bias crime in the first degree under ORS 166.165.
(b) "Domestic violence" has the meaning given that term in ORS 135.230.
(c) "Sex crime" has the meaning given that term in ORS 163A.005. [2011 c.232 §1; 2015 c.264 §1; 2021 c.643 §6; 2023 c.549 §5]
Note:
135.247 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.250 - General conditions of release agreement.

(1) If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will:
(a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered;
(b) Submit to the orders and process of the court;
(c) Not depart this state without leave of the court; and
(d) Comply with such other conditions as the court may impose.
(2)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence.
(b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if:
(A) The victim petitions the court for a waiver; and
(B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community.
(c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant’s ability to possess firearms and ammunition or engage in activities involving firearms.
(d) ORS 107.720 applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing. [1973 c.836 §150; 1991 c.111 §10; 1993 c.731 §6; 1999 c.617 §3; 2013 c.151 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.253 - Waiver of appearance at trial as release condition prohibited.

(1) The court may not condition a defendant’s release on the defendant’s waiver of appearance in person at trial.
(2) A release agreement may not contain a provision prohibited by subsection (1) of this section. [2018 c.37 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.255 - Release agreement.

(1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 to 135.290.
(2) A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 or 162.205.
(3) "Custody" for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 to 133.076. [1973 c.836 §151]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.260 - Conditional release.

(1) Conditional release may include one or more of the following conditions:
(a) Release of the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The supervisor, however, shall notify the court immediately in the event that the defendant breaches the conditional release.
(b) Reasonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant’s own residence or to the premises thereof.
(c) Release of the defendant from custody during working hours.
(d) Any other reasonable restriction designed to assure the defendant’s appearance.
(2) Except as otherwise provided in ORS 135.250 (2)(b), conditional release shall include a prohibition against contacting the victim if the defendant is charged with an offense that also constitutes domestic violence. [1973 c.836 §152; 1985 c.818 §1; 1993 c.731 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.265 - Security release.

(1) If the defendant is not released on personal recognizance under ORS 135.255, or granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional release, the magistrate shall set a security amount that will reasonably assure the defendant’s appearance. The defendant shall execute the security release in the amount set by the magistrate.
(2) The defendant shall execute a release agreement and deposit with the clerk of the court before which the proceeding is pending a sum of money equal to 10 percent of the security amount, but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum deposited. Upon depositing this sum the defendant shall be released from custody subject to the condition that the defendant appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court. Once security has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction the latter court shall continue the original security in that court subject to ORS 135.280 and 135.285. When conditions of the release agreement have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85 percent of the sum which has been deposited and shall retain as security release costs 15 percent, but not less than $5 nor more than $750, of the amount deposited. The interest that has accrued on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the General Fund. The amount retained by a justice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a municipal court shall be deposited in the municipal corporation treasury. At the request of the defendant the court may order whatever amount is repayable to defendant from such security amount to be paid to defendant’s attorney of record.
(3) Instead of the security deposit provided for in subsection (2) of this section the defendant may deposit with the clerk of the court an amount equal to the security amount in cash, stocks, bonds, or real or personal property situated in this state with equity not exempt owned by the defendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds, real or personal property shall in all cases be justified by affidavit. The magistrate may further examine the sufficiency of the security as the magistrate considers necessary. [1973 c.836 §153; 1979 c.878 §1; 1981 c.837 §1; 1981 s.s. c.3 §112; 1983 c.763 §44; 1987 c.905 §14; 2009 c.659 §§9,11; 2011 c.595 §§158,159]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.270 - Taking of security.

(1) When a security amount has been set by a magistrate for a particular offense or for a defendant’s release, any person designated by the magistrate may take the security and release the defendant to appear in accordance with the conditions of the release agreement. The person designated by the magistrate shall give a receipt to the defendant for the security so taken and within a reasonable time deposit the security with the clerk of the court having jurisdiction of the offense.
(2) If a magistrate has designated a person to take security and release defendants under subsection (1) of this section, the clerk of the court shall continue to accept the security release deposits described in ORS 135.265 during the normal business hours of the court. [1973 c.836 §154; 2015 c.493 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.275 - Seizure of security by law enforcement agency.

(1) A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270, in order to obtain security release as described in ORS 135.265 unless the law enforcement agency first obtains:
(a) A search warrant issued pursuant to ORS 133.545 authorizing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535; or
(b) A court order under ORS 131A.060 directing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020.
(2) After seizing cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.
(3) As used in this section, "law enforcement agency" has the meaning given that term in ORS 131A.005. [2015 c.493 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.285 - Modification of release decision.

If circumstances concerning the defendant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release. [1973 c.836 §156; 1995 c.658 §75; 2013 c.151 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.290 - Punishment by contempt of court.

(1) A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant’s breach is punishable by contempt.
(2) A defendant may be punished by contempt if the defendant knowingly:
(a) Breaches any of the regulations in the release agreement imposed pursuant to ORS 135.260; or
(b) Violates an order entered under ORS 135.247. [1973 c.836 §157; 2011 c.232 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.295 - Application of ORS 135.230 to 135.290 to certain traffic offenses.

Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following:
(1) Reckless driving under ORS 811.140.
(2) Driving while under the influence of intoxicants under ORS 813.010.
(3) Failure to perform the duties of a driver under ORS 811.700 or 811.705.
(4) Criminal driving while suspended or revoked under ORS 811.182.
(5) Fleeing or attempting to elude a police officer under ORS 811.540. [1974 c.35 §1; 1981 c.818 §3; 1983 c.338 §888; 1987 c.730 §5; 1991 c.208 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.305 - Types of answer.

If the defendant does not require time, as provided in ORS 135.380, or if the defendant does, then on the next day or at such further day as the court may have allowed the defendant, the defendant may, in answer to the arraignment, move against the accusatory instrument or demur or plead thereto. [Formerly 135.420]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.325 - Pleading a judgment.

In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary for the defendant to state the facts conferring jurisdiction; but the judgment, determination, or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 135.450]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.335 - Pleading by defendant; conditional pleas.

(1) The kinds of plea to an indictment, information or complaint, or each count thereof, are:
(a) Guilty.
(b) Not guilty.
(c) No contest.
(2) A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.
(3) With the consent of the court and the state, a defendant may enter a conditional plea of guilty or no contest reserving, in writing, the right, on appeal from the judgment, to a review of an adverse determination of any specified pretrial motion. A defendant who finally prevails on appeal may withdraw the plea. [1973 c.836 §159; 1999 c.134 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.355 - Presentation of plea; entry in register; forms.

(1) Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms:
(a) "The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument."
(b) "The defendant pleads that defendant is not guilty of the offense charged in this accusatory instrument."
(c) "The defendant pleads no contest to the offense charged in this accusatory instrument."
(2) When a defendant enters a conditional plea of guilty or no contest, the entry in the register of the court shall so indicate.
(3) For purposes of this section, an oral plea includes a plea made orally by means of simultaneous electronic transmission as described in ORS 131.045. [Formerly 135.830; 1985 c.540 §32; 1999 c.134 §2; 2005 c.566 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.360 - Special provisions relating to presentation of plea of guilty or no contest.

(1) Except as provided in subsection (2) of this section, a plea of guilty or no contest to a crime punishable as a felony shall in all cases be put in by the defendant in person in open court unless upon an accusatory instrument against a corporation, in which case it may be put in by counsel.
(2) Any circuit judge may, within any county in the own district of the judge other than the county where the accusation is pending, accept pleas of guilty or no contest from persons charged with a crime punishable as a felony and pass sentence thereon upon written request of the accused and the attorney of the accused and upon not less than one day’s notice to the district attorney. Judgments based upon such pleas and sentences entered upon the pleas are as effective as though heard and determined in open court in the county where the accusation is pending. Judges accepting the pleas shall transmit the pleas to the clerk of the court in the county where the accusation is pending, whereupon the clerk shall file and enter the pleas to become effective from the date of filing.
(3) A judge may accept a plea of guilty or no contest under subsection (1) of this section by simultaneous electronic transmission, as defined in ORS 131.045, without the agreement of the state or the defendant if the plea is entered at arraignment and the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly 135.840; 2005 c.566 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.375 - Pleading to offenses in other counties.

(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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.380 - Time of entering plea; aid of counsel.

(1) A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel.
(2) A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment.
(3) Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 to 135.325, 135.335, 135.355, 135.360 and 135.375, the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 §166; 2001 c.635 §13]