reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.729 - Recording intercepted communications; method; delivery to court; custody.

The contents of any wire, electronic or oral communication intercepted in accordance with the provisions of ORS 133.724 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order issued under ORS 133.724, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the direction of the judge. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed before the expiration of the minimum retention period established by the State Court Administrator under ORS 8.125. Duplicate recordings may be made for use or disclosure pursuant to the provisions of ORS 133.737 (1) and (2) for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under ORS 133.737 (3). [1979 c.716 §7; 1989 c.983 §8; 1997 c.872 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.731 - Inventory; contents; inspection of intercepted communications.

(1) Within a reasonable time but not later than 90 days after the termination of the period of an order issued under ORS 133.724, or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in the judge’s discretion should be served in the interest of justice, an inventory which shall include notice of:
(a) The fact of the entry of the order or the application;
(b) The date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and
(c) The fact that during the period wire, electronic or oral communications were or were not intercepted.
(2) The judge, upon the filing of a motion, may in the judge’s discretion make available to such person or the person’s counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of the circuit court, the serving of the inventory required by this section may be postponed. [1979 c.716 §8; 1989 c.983 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.733 - Procedure for introduction as evidence.

The contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This 10-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information. [1979 c.716 §9; 1989 c.983 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.735 - Suppression of intercepted communications; procedure; grounds; appeal.

(1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress the contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, on the grounds that:
(a) The communication was unlawfully intercepted;
(b) The order of authorization or approval under which it was intercepted is insufficient on its face; or
(c) The interception was not made in conformity with the order of authorization or approval.
(2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic or oral communication, or evidence derived therefrom, shall be treated as having been unlawfully obtained. The judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.
(3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1979 c.716 §10; 1989 c.983 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.736 - Suppression of intercepted oral communication; procedure; appeal.

(1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress recordings of any oral communication intercepted in violation of ORS 133.726 or testimony or other evidence derived solely from the unlawful interception.
(2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.
(3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1983 c.824 §5; 2001 c.385 §3; 2003 c.14 §55]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.737 - Disclosure and use of intercepted communications.

(1) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 to 133.739, has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure or to the extent that such disclosure is otherwise authorized by law.
(2) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 to 133.739, has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, may use such contents to the extent such use is appropriate to the proper performance of official duties.
(3) Any person who has received by any means authorized by ORS 133.721 to 133.739, any information concerning a wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, intercepted in accordance with the provisions of ORS 133.721 to 133.739, may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state or political subdivision thereof.
(4) No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of ORS 133.721 to 133.739, shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in any manner authorized by ORS 133.724, intercepts wire, electronic or oral communications relating to crimes other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of the circuit court if the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of ORS 133.724. Such application shall be made as soon as practicable. [1979 c.716 §6; 1989 c.983 §12; 2003 c.14 §56]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.739 - Civil damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies.

(1) Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or 133.737 shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communication and shall be entitled to recover from any such person:
(a) Actual damages but not less than damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; and
(b) Punitive damages.
(2) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil action brought under this section.
(3) Nothing in ORS 41.910, 133.721 to 133.739 and 133.992 is intended to abrogate any other private civil remedy for invasion of privacy.
(4) Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
(5) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1979 c.716 §11; 1981 c.897 §38; 1989 c.983 §13; 1995 c.696 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.743 - Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor.

(1) Where appearing in ORS 133.743 to 133.857, the term "Governor" includes any person performing the extradition functions of Governor by authority of an appointment under subsection (2) of this section. The term "executive authority" includes the Governor and any person performing the functions of Governor in a state other than this state, and the term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
(2) The Governor may appoint a member of the legal staff of the Governor to act in behalf of the Governor under ORS 133.743 to 133.857 in performing the extradition functions of the Governor. The appointment shall be in writing and be filed with the Secretary of State. [Formerly 147.010; 1983 c.82 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.745 - Determination of security requirements to carry out extradition.

The Governor shall determine the security requirements necessary to safely carry out the extradition of a person from another state including, but not limited to, the number of agents needed to secure the return of a person under ORS 133.743 to 133.857. [1999 c.867 §12; 2009 c.40 §1]
Note:
133.745 was added to and made a part of 133.743 to 133.857 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.747 - Fugitives from other states; Governor to cause arrest and delivery of criminals.

Subject to the qualifications of ORS 133.743 to 133.857 and the provisions of the Constitution of the United States controlling, and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. [Formerly 147.020]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.753 - Form of demand.

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of security release, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. [Formerly 147.030; 1999 c.1051 §246]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.757 - Investigation of demand and report.

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered. [Formerly 147.040]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.763 - Facts documents must show.

A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that:
(1) Except in cases arising under ORS 133.767, the accused, when demanded upon a charge of crime, was present in the demanding state at the time of the commission of the alleged crime and thereafter fled from that state;
(2) The person demanded is in this state; and
(3) They constitute full compliance with the requirements of ORS 133.753. [Formerly 147.050]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.767 - Extradition of person not present in demanding state at time of commission of crime.

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in ORS 133.763 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of ORS 133.743 to 133.857 not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom. [Formerly 147.060; 1985 c.565 §12; 2005 c.22 §105]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.773 - Governor’s warrant of arrest.

If the Governor shall decide that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner or other person whom the Governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue. [Formerly 147.070]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.777 - Execution of the warrant.

Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused, subject to the provisions of ORS 133.743 to 133.833 and 133.839 to 133.855, to the duly authorized agent of the demanding state. [Formerly 147.080]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.783 - Authority of arresting officer to command assistance.

Every such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance. [Formerly 147.090]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.787 - Rights of arrested person.

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand legal counsel; and if the prisoner, the friends, or counsel of the prisoner shall state the desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. [Formerly 147.100]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.793 - Penalty for disobedience to ORS 133.787.

Any officer who shall deliver to the agent for extradition of the demanding state a person in the custody of the officer under the Governor’s warrant in disobedience to ORS 133.787 commits a Class B misdemeanor. [Formerly 147.110]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.797 - Confinement of prisoner.

(1) The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which the officer, person or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of the prisoner is ready to proceed on the route, such person being chargeable with the expense of keeping.
(2) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which the officer or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that the officer or agent is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state. [Formerly 147.120]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.803 - Arrest prior to requisition.

Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state and, except in cases arising under ORS 133.767, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of security release, probation or parole, or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any creditable person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under ORS 133.767, has fled therefrom or has been convicted of a crime in that state and escaped from confinement, or has broken the terms of security release, probation or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding the peace officer to apprehend the person named therein, wherever the person may be found in this state, and bring the person before the same or any other judge, court or magistrate who may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. [Formerly 147.130; 1999 c.1051 §247]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.805 - Arrest without warrant.

The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant, upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in ORS 133.803; and thereafter the answer of the accused shall be heard as if the accused had been arrested on a warrant. [Formerly 147.140]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.807 - Commitment to await arrest on requisition.

If from the initial examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a period of at least 45 days to enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused is released as provided in ORS 133.809, or until the accused shall be legally discharged. The period of time may be extended upon good cause shown demonstrating the need for additional time to allow the executive authority of the state having jurisdiction of the offense to comply with procedural requirements of the Uniform Criminal Extradition Act, 18 U.S.C. 3182, or Article IV, section 2, of the United States Constitution. [Formerly 147.150; 1999 c.553 §1; 2019 c.13 §29]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.809 - Release.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must make a release decision concerning the person arrested under ORS 135.230 to 135.290, for the appearance of the person at a time specified in the security release or in the release agreement. [Formerly 147.160]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.813 - Proceedings in absence of arrest under executive warrant within specified time.

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, security release or release agreement, the judge or magistrate may discharge the accused or may recommit the accused to a further day, or may again set a security release or a release agreement for the appearance and surrender of the accused, as provided in ORS 133.809; and at the expiration of the second period of commitment, or if the accused has been released and appeared according to the terms of the security release or release agreement of the accused, the judge or magistrate either may discharge the accused or may require the accused to enter into a new security release or release agreement to appear and surrender at another day. [Formerly 147.170]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.815 - Forfeiture; recovery thereon.

If the prisoner is released and fails to appear according to the condition of the security release or release agreement of the prisoner, the court, by proper order, shall declare the security release or release agreement forfeited, and recovery may be had thereon in the name of the state as in the case of other security releases and release agreements given by the accused in criminal proceedings within this state. [Formerly 147.180]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.817 - Persons under criminal prosecution in this state at time of requisition.

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at the discretion of the Governor, either may surrender the person on the demand of the executive authority of another state or may hold the person until the person has been tried and discharged, or convicted and punished in this state. [Formerly 147.190]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.823 - When guilt of accused may be inquired into.

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in ORS 133.743 to 133.817, shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. [Formerly 147.200]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.827 - Warrant to agent to return fugitive from this state.

Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of security release, probation or parole in this state from the chief executive of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, the Governor shall issue a warrant under the seal of this state to some agent or agents, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed. [Formerly 147.220; 1999 c.1051 §248]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.833 - Application for requisition; filing and forwarding of papers.

(1) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the alleged crime is committed shall present to the Governor written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against the person, the approximate time, place and circumstances of its commission, the state in which the person is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the district attorney the interest of the public in the effective administration of criminal justice requires the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.
(2) When the return to this state is required of a person who has been convicted of or found guilty except for insanity of a crime in this state and who has escaped from confinement or broken the terms of the release, probation or parole of such person, the district attorney of the county in which the offense was committed, the parole board, or the superintendent of the institution or sheriff of the county from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which the person was convicted or found guilty except for insanity, the circumstances of the escape from confinement or of the breach of the terms of release, probation or parole, the state in which the person is believed to be, including the location of the person therein at the time application is made.
(3) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The district attorney, parole board, superintendent or sheriff may also attach such further affidavits and other documents in duplicate as the district attorney, parole board, superintendent or sheriff shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by indorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavit, or of the judgment of conviction or of the sentence shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition. [Formerly 147.230; 1985 c.192 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.835 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

(1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against the person in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or the term of sentence of the person in such other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.
(2) The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in ORS 133.743 to 133.857 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. [1973 c.836 §129; 1985 c.565 §13; 2005 c.22 §106]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.837 - Appointment of agent to return fugitive from this state who waives extradition.

In the event a fugitive from this state shall waive extradition, an agent or agents to secure the return of the fugitive may be appointed by the district attorney of the county in which the offense was committed, and the account of such agent or agents embracing necessary expenses incurred in performing the service, shall be audited and paid in the same manner as accounts presented under ORS 133.857. [Formerly 147.235]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.839 - Immunity from civil process in certain civil cases.

A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which the person is being or has been returned, until the person has been convicted in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited. [Formerly 147.250]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.843 - Written waiver of extradition proceedings.

(1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of security release, probation or parole may waive the issuance and service of the warrant provided for in ORS 133.773 and 133.777 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of rights to the issuance and service of a warrant of extradition and to apply for a writ of habeas corpus as provided for in ORS 133.787.
(2)(a) If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.
(b) Nothing in this section shall be deemed to limit the right of the accused person to submit voluntarily to the custody of such agent or agents for return without formality to the demanding state.
(c) The waiver procedure described in this section is not an exclusive procedure, nor does it limit the powers, rights or duties of the officers of the demanding state or of this state.
(3) Notwithstanding subsection (1) of this section, a law enforcement or corrections agency in this state holding a person who is alleged to have broken the terms of the person’s security release, probation, parole or any other release in the demanding state may deliver the person to the duly accredited agent of the demanding state without the requirement of a warrant if:
(a) The person has signed a prior waiver of extradition as a term of the person’s current security release, probation, parole or other release in the demanding state; and
(b) The law enforcement or corrections agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs, fingerprints or other evidence properly identifying the person as the person who signed the waiver. [Formerly 147.253; 1999 c.1051 §249; 2001 c.230 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.845 - Nonwaiver by this state.

Nothing contained in ORS 133.743 to 133.857 shall be deemed to constitute a waiver by this state of its right, power or privilege to try a person demanded under ORS 133.843 for any crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings under ORS 133.743 to 133.857 that result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever. [Formerly 147.256; 1985 c.565 §14; 2005 c.22 §107]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.847 - Trial of extradited person for other crimes.

After a person has been brought back to this state upon extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specified in the requisition for extradition. [Formerly 147.260]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.853 - Construction of Act.

ORS 133.743 to 133.833 and 133.839 to 133.855 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact the Uniform Criminal Extradition Act. [Formerly 147.270]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.855 - Short title.

ORS 133.743 to 133.833 and 133.839 to 133.855 may be cited as the Uniform Criminal Extradition Act. [Formerly 147.280]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.857 - Payment of agent’s expenses.

The account of the agent or agents embracing necessary expenses incurred in performing the service, after approval by the Governor, shall be paid, after being audited and allowed as other claims against the state, from any moneys appropriated therefor. [Formerly 147.290]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.865 - Arrest and Return Account.

(1) The Arrest and Return Account is established separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 144.605 and 161.665, moneys allocated to the account under ORS 137.300 and other moneys received by the Governor for the purpose of paying the costs of extraditing defendants.
(2) Except as provided in subsection (3) of this section, moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in carrying out the provisions of ORS 133.743 to 133.857.
(3) Moneys deposited in the Arrest and Return Account under ORS 144.605 are continuously appropriated to the Governor for the purpose of paying costs incurred in retaking offenders who have transferred supervision under the Interstate Compact for Adult Offender Supervision described in ORS 144.600. [2003 c.615 §3; 2009 c.742 §2; 2011 c.597 §45; 2015 c.198 §3; 2021 c.653 §2]
Note:
133.865 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.870 - Release of booking photo by law enforcement agency.

(1) Notwithstanding ORS 192.311 to 192.478, a law enforcement agency may not release a booking photo except as provided in subsection (2) of this section.
(2) A law enforcement agency may release a booking photo described in subsection (1) of this section:
(a) To the person depicted in the booking photo;
(b) To another law enforcement agency, or to a law enforcement officer employed by another law enforcement agency, for a law enforcement purpose;
(c) To the public, if the law enforcement agency determines that there is a law enforcement purpose for the release, including but not limited to assistance with the apprehension of a fugitive or a suspect in a criminal investigation, or the identification of additional criminal activity;
(d) To a state mental hospital upon the admission to the hospital of the person depicted in the booking photo;
(e) To a party in a criminal proceeding resulting from the arrest during which the booking photo was obtained;
(f) To the victim of the offense for which the person depicted in the booking photo was arrested;
(g) To the court, if the booking photo is part of a pretrial release report or is provided to the court as part of the pretrial release process for the purposes of confirming the identity of a defendant; or
(h) Upon the conviction of the person depicted in the booking photo, if the conviction results from the arrest during which the booking photo was obtained.
(3) As used in this section:
(a) "Booking photo" means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody.
(b) "Law enforcement agency" has the meaning given that term in ORS 131.915.
(c) "Law enforcement officer" means an officer, deputy, member or employee of a law enforcement agency. [2021 c.374 §1; 2021 c.643 §8]
Note:
133.870 and 133.875 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.992 - Penalties.

(1) A person who maliciously and without probable cause causes a search warrant or a court order for interception to be issued and executed is guilty of a Class A misdemeanor.
(2) A person who knowingly falsely certifies an information or complaint under ORS 133.015 (8) is guilty of a Class A misdemeanor. [Formerly 141.990; 1979 c.716 §15; 1983 c.824 §2; 2015 c.250 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.010 - Time and place.

When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 before the court in which it is found. Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignment shall be held during the first 36 hours of custody, excluding holidays, Saturdays and Sundays. In all other cases, except as provided for in ORS 133.060, the arraignment shall be held within 96 hours after the arrest. [Amended by 1973 c.836 §130; 1983 c.344 §1; 1983 c.661 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.020 - Scope of proceedings.

The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as provided in ORS 135.030. The arraignment consists of reading the accusatory instrument to the defendant, causing delivery to the defendant of a copy thereof and indorsements thereon, including the list of witnesses indorsed on it or appended thereto if the accusatory instrument is an indictment, asking the defendant how the defendant pleads to the charge. [Amended by 1973 c.836 §131; 1983 c.344 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.030 - When presence of defendant is required; appearance by counsel.

(1) When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment.
(2) When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel.
(3) The court may require a defendant to appear at the arraignment by simultaneous electronic transmission as provided in ORS 131.045 without the agreement of the state or defendant if the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly 135.110; 1983 c.344 §3; 2005 c.566 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 135 - Arraignment and Pretrial Provisions › Section 135.035 - Bringing in defendant not yet arrested or held to answer.

When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110. [Formerly 135.140]