reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.522 - Issue that will have impact on trial; challenge to designation as victim or victim’s presence at trial.

(1) A victim or prosecuting attorney who seeks a determination of an issue involving a right granted by section 42 or 43, Article I of the Oregon Constitution, that will impact the conduct of the trial shall file a motion within 35 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the determination becomes known to the movant at a later time and could not reasonably have been discovered earlier, in which case the motion must be filed promptly.
(2) A defendant who seeks to challenge the designation of a person as a victim shall:
(a) File a response to a claim under ORS 147.517 (4); or
(b) File a motion within seven days after the date the victim first exercises a right granted by section 42 or 43, Article I of the Oregon Constitution, unless the court finds good cause to allow the motion at a later time.
(3) A defendant who seeks to object to a victim’s presence at trial shall file a motion within 35 days of arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless the factual basis of the objection could not reasonably be discovered earlier, in which case the motion must be filed promptly.
(4) The court shall conduct a hearing on a motion filed under this section and rule on the motion as soon as practicable. The court may not grant relief under subsection (2) or (3) of this section unless the designation of a person as a victim or the victim’s presence at trial violates the Oregon Constitution or the United States Constitution. [2009 c.178 §9]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.525 - Rescheduling matters affected by claim, response or motion.

(1) Pending the hearing described in ORS 147.530, the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522. All other matters in the criminal proceeding shall continue in the ordinary course.
(2) In determining whether to reschedule a matter under subsection (1) of this section, in addition to other factors the court considers important, the court shall consider:
(a) The likelihood that the requested relief will be granted in light of the support in fact and law for the relief, as shown in the claim, the response filed under ORS 147.517 (4) or the motion filed under ORS 147.522;
(b) Whether the claim, response or motion is made in good faith and not for the purpose of delay;
(c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief is requested and the public that will likely result from rescheduling the matter;
(d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief is requested under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS 136.290.
(3) A pretrial release decision may not be continued under this section for more than 14 days.
(4) Unless the court finds good cause to continue the trial to a later date, a trial may not be continued under this section for more than 14 days. [2009 c.178 §10]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.530 - Hearing on claim, response or motion; order.

(1) A hearing on a claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section.
(2) At the hearing, the court may receive evidence relevant to the claim or motion.
(3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence.
(4) If the court determines that the moving party:
(a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order.
(b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief.
(5) An order issued under subsection (4) of this section must:
(a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date.
(b) Except as provided in ORS 147.517 (4)(b)(B), include the reasons relief was granted or denied.
(6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517 (4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (1)(a). [2009 c.178 §11; 2013 c.224 §2]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.533 - Waiver of remedy.

(1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested:
(a) By a victim who had notice of a related claim and did neither of the following:
(A) File a response under ORS 147.517 (4); or
(B) Participate in a hearing under ORS 147.530; or
(b) By any person after:
(A) The date determined by the court under ORS 147.517 (2)(a) if the person is filing a response;
(B) The period of time described in ORS 147.522 if the person is filing a motion; or
(C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.
(2) Subsection (1) of this section does not apply to:
(a) Remedies that may be effectuated after the disposition of a criminal proceeding;
(b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;
(c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;
(d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or
(e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 §12]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.535 - Appeals generally.

(1)(a) Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS 147.515, 147.520 or 147.530 shall be solely as provided in this section and ORS 147.537, 147.539 and 147.542.
(b) A defendant who seeks to appeal an order issued under ORS 147.515, 147.520 or 147.530 must do so in the manner provided for appeals in ORS chapter 138. The provisions of this section and ORS 147.537, 147.539 and 147.542 do not apply to an appeal under ORS chapter 138.
(c) Nothing in ORS 147.500 to 147.550 affects the ability of a defendant to petition for a writ of mandamus.
(2) Jurisdiction for appellate review of an order issued under ORS 147.515, 147.520 or 147.530 is vested originally and exclusively in the Supreme Court.
(3) Subject to ORS 147.542, the jurisdiction of the Supreme Court is limited to the order for which appellate review is sought and the trial court retains jurisdiction over all other matters in the criminal proceeding.
(4) Appellate review of an order issued under ORS 147.515, 147.520 or 147.530 shall be as provided in:
(a) ORS 147.537 if the order was issued under ORS 147.520 or 147.530 in a criminal proceeding in which a defendant is charged with a felony or a person Class A misdemeanor, as that term is defined by rule of the Oregon Criminal Justice Commission, and the order arises from a motion or claim alleging a violation that occurred prior to the pronouncement in open court of the sentence or disposition after a plea, admission or trial in the criminal proceeding.
(b) ORS 147.539 in all appeals arising under ORS 147.500 to 147.550 except those described in paragraph (a) of this subsection.
(5) The victim, the state or any person against whom relief was ordered has standing to seek appellate review of an order unless, after notice and a reasonable opportunity to be heard on the claim or motion that resulted in the order or a related claim or motion, the person or party seeking appellate review did none of the following:
(a) Inform the court of a claim.
(b) File a response under ORS 147.517 (4).
(c) File a motion under ORS 147.522.
(d) Participate in a hearing under ORS 147.530.
(6) Pursuant to ORS 180.060, the Attorney General shall appear for the state in all appeals under this section and ORS 147.537, 147.539 and 147.542. [2009 c.178 §13; 2013 c.224 §3]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.539 - Discretionary review.

Appellate review of an order described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except that:
(1) The Supreme Court’s jurisdiction is discretionary. The court may by rule prescribe the criteria the court will use to decide whether to grant review. The initiating document is a petition for review, but the petition must be accompanied by the same materials described in ORS 147.537 (4), and the person seeking review shall be identified as the petitioner.
(2) The respondent may elect not to file a response until after the Supreme Court has decided to accept review, in which case the response must be filed within seven days after the Supreme Court issues an order granting review.
(3) ORS 147.537 (15) does not apply to review under this section. The Supreme Court may dismiss a review improvidently granted.
(4)(a) Except as provided in paragraph (b) of this subsection, the Supreme Court shall issue its decision on appeal under this section within 21 days after the date the court issued the order granting review.
(b) The Supreme Court may issue a final decision beyond the 21-day period if the court determines that the ends of justice served by issuing a final decision at a later date outweigh the best interests of the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public. [2009 c.178 §15]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.542 - Stay pending appeal.

(1) The trial court shall stay for a period of 21 days all matters that directly impact, or are directly impacted by, the order on appeal:
(a) Upon receipt of a notice of interlocutory appeal under ORS 147.537; or
(b) Upon the issuance of an order granting review under ORS 147.539.
(2) The Supreme Court may extend or reduce the length of or vacate the stay on its own motion or on the motion of a victim, prosecuting attorney, defendant or any person against whom relief was ordered.
(3) In making the determination described in subsection (2) of this section, in addition to other factors the Supreme Court considers important, the court shall consider:
(a) The likelihood that the appellant will prevail on appeal in light of the support in fact and law for the appeal;
(b) Whether the appeal is taken in good faith and not for the purpose of delay;
(c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public that will likely result from the grant or denial of a stay;
(d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS 136.290. [2009 c.178 §16]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.545 - Attorney General certification; intervention.

(1)(a) Prior to the Attorney General’s first appearance in an appellate court proceeding in which the State of Oregon is a party and to which Article I, section 42 or 43, of the Oregon Constitution, applies, the Attorney General shall determine whether the Department of Justice has taken all reasonably practicable steps to fulfill the rights granted by Article I, sections 42 and 43, of the Oregon Constitution, to the victim of the crime in the appellate courts.
(b) Unless otherwise provided by rule or order of the Chief Justice of the Supreme Court, the Attorney General shall, in the cases described in paragraph (a) of this subsection, certify the results of that determination to the court simultaneously with the Attorney General’s first appearance.
(2) The Attorney General may intervene at any time on behalf of the State of Oregon in any trial court proceeding arising under ORS 147.500 to 147.550. [2009 c.178 §17; 2013 c.224 §5]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.550 - Establishment of requirements and procedures by Chief Justice by rule or order.

(1) The Chief Justice of the Supreme Court may, by rule or order, establish requirements and procedures necessary to comply with the provisions of ORS 147.500 to 147.550.
(2) The Chief Justice of the Supreme Court shall prescribe the forms described in ORS 147.510 (4) and 147.515 (2)(a). The form described in ORS 147.515 (2)(a) must allow a victim to designate an alternate mailing address or to substitute a person to receive notice or service on behalf of the victim for the purposes of ORS 147.500 to 147.550. [2009 c.178 §18]
Note:
See note under 147.500.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.560 - Task Force on Victims’ Rights Enforcement; duties; reports.

(1) There is created the Task Force on Victims’ Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows:
(a) The Attorney General shall appoint:
(A) Two members employed by or associated with a group advocating for the rights of victims of crime;
(B) A member who represents the Department of Justice Crime Victims’ Services Division;
(C) A lawyer routinely engaged in the representation of persons charged with a crime, after consulting with professional organizations serving such lawyers;
(D) A lawyer routinely engaged in prosecuting persons charged with person felony crimes, after consulting with professional organizations serving such lawyers;
(E) A lawyer routinely engaged in prosecuting persons charged with a crime, after consulting with professional organizations serving such lawyers; and
(F) Other persons the Attorney General deems appropriate;
(b) The Chief Justice of the Supreme Court shall appoint:
(A) A person employed by the Judicial Department, other than a judge; and
(B) A judge; and
(c) The executive director of the Oregon Public Defense Commission shall appoint a person employed by the commission.
(2) The task force shall review the implementation of ORS 147.500 to 147.550.
(3) The Attorney General shall serve as chair of the task force and may establish a term of office for the members. The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.
(4) Members serve at the pleasure of the appointing authority. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.
(5) The task force may prepare reports that include recommendations for legislation designed to improve, in a cost-efficient manner, the protection of rights granted to victims of crime by the Oregon Constitution. The task force may submit a report prepared under this subsection to the Legislative Assembly in the manner provided in ORS 192.245.
(6) Members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.
(7) The Department of Justice shall provide staff support to the task force.
(8) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2009 c.178 §20; repealed by 2009 c.178 §21; amendments by 2013 c.582 §2 treated as reenactment; status of statute reaffirmed by 2015 c.27 §13; 2023 c.281 §35]
Note:
147.560 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.575 - Recommendations for achieving full compliance with victims’ rights laws; model rules, procedures or policies.

(1) The Attorney General may adopt rules to establish a nonjudicial process, independent of the process established in ORS 147.500 to 147.550 and applicable to agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, to receive claims of violations of rights granted to victims of crime in the criminal and juvenile justice systems by law, to determine whether violations have occurred and to make nonbinding recommendations for achieving full compliance with victims’ rights laws in the future.
(2) The Attorney General, in consultation with agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement agencies, may promulgate model rules, procedures or policies, applicable only to entities outside of the judicial branch of state government, effectuating rights granted to victims by law. Model rules, procedures or policies are not enforceable by law, but the Attorney General may condition the provision of victim assistance funds or support by the Department of Justice on compliance with such model rules, procedures or policies. [2009 c.178 §22]
Note:
147.575 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.605 - Definitions for ORS 147.607 and 147.610.

As used in ORS 147.607 and 147.610:
(1) "Offender" means a person who has engaged in the commission of a crime.
(2) "Participant" means a person who is a crime victim, survivor or offender.
(3) "Restorative justice communication" means:
(a) All communications, written and oral that are made in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program.
(b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of, or in connection with, any phase of a restorative justice program, including but not limited to a phase under which a facilitated dialogue occurs and the referral, preparation, pre-enrollment, enrollment, post-enrollment and post-dialogue phases of the program.
(4) "Restorative justice program" means a community-based program administered by a private or public entity that offers as a part of the program a facilitated dialogue between a crime victim or a survivor and the offender.
(5) "Survivor" means a person who has experienced harm as a result of an offender’s crime. [2023 c.95 §1]
Note:
147.605 to 147.610 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.607 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) Restorative justice programs can promote justice and healing for crime victims and survivors.
(2) A facilitated dialogue is most successful when it is conducted in a manner that fosters the participants’ maximum openness about a crime, or the impact of the crime, by providing the participants with the knowledge that their communications will not be disclosed or used against them in subsequent adjudicatory or judicial proceedings.
(3) It is the policy and purpose of this ORS 147.610 that restorative justice communications are confidential, except in limited exceptions as specified in statute. [2023 c.95 §2]
Note:
See note under 147.605.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 147 - Victims of Crime and Acts of Mass Destruction › Section 147.610 - Confidentiality of restorative justice communications; exceptions.

(1) Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and:
(a) May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who provide support to the restorative justice program, for any purpose unrelated to the program.
(b) Are not admissible as evidence in any administrative or judicial proceeding.
(2) A restorative justice communication is not confidential if:
(a) A restorative justice program staff member or facilitator reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or substantial bodily injury to a specific person; or
(b) The parties who are participants of a facilitated dialogue under a restorative justice program provide written consent that all or part of the communication may be disclosed.
(3) Any communication relating to child abuse that is made to a person who is required to report child abuse under the provisions of ORS 419B.010 is not confidential to the extent that the person is required to report child abuse under ORS 419B.010.
(4) Any communication relating to elder abuse under the provisions of ORS 124.050 to 124.095 is not confidential to the extent that a person is required to report elder abuse under the provisions of ORS 124.050 to 124.095. [2023 c.95 §3]
Note:
See note under 147.605.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.010 - Public defender services by county.

(1) The governing body of a county, on behalf of the county, may contract with an attorney, group of attorneys or full-time not-for-profit public defender organization for the provision by the attorney, group of attorneys or organization of services as counsel for financially eligible persons in proceedings in which a court or magistrate has the power to appoint counsel to represent a financially eligible person and the county is required to pay compensation for that representation.
(2) A court or magistrate may appoint an attorney who is, or an attorney member of a public defender organization that is, under a contract with a county as provided in this section to represent a financially eligible person in any proceeding in which the court or magistrate has the power to appoint counsel to represent a financially eligible person and the county is required to pay compensation for that representation. [1971 c.432 §1; 1973 c.836 §311; 1985 c.502 §11; 2001 c.962 §32]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.211 - Definitions for ORS 151.211 to 151.221.

For purposes of ORS 151.211 to 151.221:
(1) "Chief Justice" means the Chief Justice of the Supreme Court.
(2) "Commission" means the Oregon Public Defense Commission. [2001 c.962 §1; 2007 c.71 §43; 2023 c.281 §1]
Note:
The amendments to 151.211 by section 93, chapter 281, Oregon Laws 2023, become operative July 1, 2025. See section 102, chapter 281, Oregon Laws 2023. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.
For purposes of ORS 151.211 to 151.221:
(1) "Appointed counsel" includes trial-level and appellate attorneys who are employees of the Oregon Public Defense Commission, attorneys employed by a nonprofit public defense organization and attorneys on the panel of qualified counsel described in ORS 151.216 (5) who contract with the commission to provide public defense services.
(2) "Chief Justice" means the Chief Justice of the Supreme Court.
(3) "Commission" means the Oregon Public Defense Commission.
(4) "Nonprofit public defense organization" means a nonprofit organization that employs attorneys who provide public defense services.
Note:
151.211 to 151.225 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 151 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 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.221 - Status of officers and employees of commission.

Officers and employees of the Oregon Public Defense Commission are state officers or employees in the exempt service and are not subject to ORS chapter 240. [2003 c.449 §17; 2023 c.281 §5]
Note:
See second note under 151.211.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.225 - Public Defense Services Account.

(1) The Public Defense Services Account is established in the State Treasury, separate and distinct from the General Fund. The Public Defense Services Account is continuously appropriated to the Oregon Public Defense Commission for:
(a) Administration and support of the public defense system;
(b) Reimbursement of the State Court Administrator under ORS 151.216 (1)(i); and
(c) Legal representation of parents and children involved in foster care for which matching funds under 45 C.F.R. 1356.60(c) may be used.
(2) The following moneys shall be deposited in the Public Defense Services Account:
(a) Moneys received by the commission from the State Court Administrator under ORS 151.216 (1)(i);
(b) Moneys received by the Judicial Department under ORS 135.050 (8), 151.487 (1), 419A.211 or 419B.198 (1);
(c) Federal matching funds received under 45 C.F.R. 1356.60(c); and
(d) Miscellaneous revenues and receipts of the commission.
(3) All gifts, grants or contributions accepted by the commission under ORS 151.216 shall be deposited in a separate subaccount created in the Public Defense Services Account to be used by the commission for the purpose for which the gift, grant or contribution was given or granted. [2001 c.962 §§5,106b; 2011 c.597 §43a; 2012 c.107 §37; 2015 c.27 §14; 2021 c.202 §4; 2021 c.678 §§7,7a; 2023 c.281 §6]
Note:
See second note under 151.211.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.485 - Financial eligibility; determination; financial statement; termination of appointed counsel.

(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the executive director of the Oregon Public Defense Commission, a person is financially eligible for appointed counsel if the person is determined to be financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person’s dependent family under standards established by the Oregon Public Defense Commission under ORS 151.216.
(2) A determination of financial eligibility shall be made upon the basis of information contained in a detailed financial statement submitted by the person for whom counsel is requested or appointed or, in an appropriate case, by the person’s parent, guardian or custodian. The financial statement shall be in the form prescribed by the Oregon Public Defense Commission. The form shall contain a full disclosure of all assets, liabilities, current income, dependents and other information required by ORS 135.050 (4) and, in addition, any information required by the commission and state courts as necessary to determine eligibility. The commission shall adopt uniform statewide guidelines and procedures that prescribe how to use the form and determine financial eligibility for appointed counsel.
(3) If at any time after the appointment of counsel the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If at any time during criminal proceedings the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.
(4) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body that has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified for legal assistance in accordance with subsections (1) and (2) of this section. As used in this subsection, "legal assistance" includes legal counsel, transcripts, witness fees and expenses and any other goods or services required by law to be provided to a financially eligible person at state expense under ORS 151.216 and 151.219.
(5) The civil proceeding shall be subject to the exemptions from execution as provided for by law. [1989 c.1053 §13; 1991 c.825 §6; 2001 c.962 §33; 2023 c.281 §36]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.487 - Ability to pay; effect.

(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and the costs of the legal and other services to be provided at state expense that are related to the provision of appointed counsel, the court shall enter a limited judgment requiring that the person pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, the amount that it finds the person is able to pay without creating substantial hardship in providing basic economic necessities to the person or the person’s dependent family. The amount that a court may require the person to pay is subject to the guidelines and procedures issued by the Oregon Public Defense Commission as provided in subsection (4) of this section.
(2) Failure to comply with the requirements of a limited judgment entered under this section is not grounds for contempt or grounds for withdrawal by the appointed attorney.
(3) Except as authorized in this section, a person, organization or governmental agency may not request or accept a payment or promise of payment for assisting in the representation of a person by appointment.
(4) The commission shall promulgate and issue guidelines and procedures:
(a) For the determination of persons provided with appointed counsel who have some financial resources to pay in full or in part the administrative, legal and other costs under subsection (1) of this section; and
(b) Regarding the amounts persons may be required to pay by a court under subsection (1) of this section.
(5) The determination that a person is able to pay or partially able to pay, or that a person no longer has the ability to pay the amount ordered in subsection (1) of this section, is subject to review at any time by the court. [1989 c.1053 §14; 1993 c.33 §305; 1997 c.761 §3; 2001 c.962 §34; 2011 c.597 §42; 2012 c.107 §43; 2023 c.281 §37]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.489 - Personnel to verify financial eligibility.

For the purpose of aiding courts in making determinations of financial eligibility for appointed counsel at state expense under ORS 151.485 and 151.487, the State Court Administrator may locate eligibility verification and screening personnel or otherwise arrange for such services in the state trial and appellate courts or other locations and shall prescribe the policies and procedures for their use. [1989 c.1053 §15; 2001 c.962 §35]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.491 - Authority of person verifying financial eligibility.

(1) State courts or authorized designees who conduct the verification of the financial statement submitted by a person seeking or having appointed counsel payable at state expense under ORS 151.216 and 151.219 may require the person to execute and deliver any written requests or authorizations as may be necessary under applicable law to provide the state court or authorized designee with access to records of public or private source, otherwise confidential, as may be needed to evaluate eligibility.
(2) In performing the verification duties under subsection (1) of this section, the state courts are authorized to obtain information from any public record office of the state or of any subdivision or agency of the state upon request and without payment of any fees ordinarily required by law. [1989 c.1053 §16; 2001 c.962 §36]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.493 - Release of information by state agency to State Court Administrator.

(1) Notwithstanding any other provision of law, any state agency as defined in ORS 192.311 that receives a request for release of information from the state courts for the purpose of verifying the financial eligibility of a person under ORS 151.485 to 151.497 shall release all requested information to the state court. The court shall forward to the state agency a certification signed by the person about whom the requested information is sought that authorizes the release of the information.
(2) Upon its own motion or motion of the executive director of the Oregon Public Defense Commission, a court that has appointed counsel for a person by reason of financial eligibility may order the release of any information relating to the person’s financial situation held by any other person. [1991 c.825 §4; 2001 c.962 §37; 2023 c.281 §38]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.495 - Confidentiality of information obtained by state courts; exceptions.

(1) All information supplied by a person seeking appointed counsel and all information collected by the state courts for purposes of determining financial eligibility for appointed counsel under ORS 151.485 to 151.497 is confidential and shall not be used for any purpose other than determining financial eligibility.
(2) Notwithstanding subsection (1) of this section, information supplied by a person seeking appointed counsel and information collected by the state courts for purposes of determining financial eligibility may be:
(a) Introduced in a proceeding, criminal or civil, arising out of a determination that a person is not financially eligible for appointed counsel;
(b) Introduced in a proceeding, criminal or civil, arising as a result of an allegation that a person has supplied false information in seeking appointed counsel;
(c) Used by the court in a sentencing proceeding resulting from the defendant’s conviction on the matter for which the information was provided or collected; and
(d) Used by the court, the Department of Revenue, or the assignees of the court or the Department of Revenue, for the purpose of collecting delinquent amounts owed to this state by the person. [1991 c.825 §5; 1997 c.761 §4; 2001 c.962 §38]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 151 - Public Defenders; Counsel for Financially Eligible Persons › Section 151.497 - "Counsel" defined for ORS 151.485 to 151.497.

As used in ORS 151.485 to 151.497 unless the context requires otherwise, "counsel" includes a legal advisor appointed under ORS 135.045. [2001 c.472 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.005 - Definitions.

As used in this chapter:
(1) "Enforcement officer" means:
(a) A member of the Oregon State Police.
(b) A sheriff or deputy sheriff.
(c) A city marshal or a member of the police of a city, municipal or quasi-municipal corporation.
(d) A police officer commissioned by a university under ORS 352.121 or 353.125.
(e) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state.
(f) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon.
(g) A Port of Portland peace officer.
(h) A humane special agent as defined in ORS 181A.345.
(i) A regulatory specialist exercising authority described in ORS 471.775 (2).
(j) An authorized tribal police officer as defined in ORS 181A.940.
(k) Any other person specifically authorized by law to issue citations for the commission of violations.
(2) "Traffic offense" has the meaning given that term in ORS 801.555.
(3) "Violation" means an offense described in ORS 153.008.
(4) "Violation proceeding" means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation. [1999 c.1051 §2; 2007 c.71 §44; 2009 c.299 §3; 2011 c.506 §20; 2011 c.644 §§22,45; 2012 c.54 §§14,15; 2012 c.67 §§7,8; 2013 c.180 §21,22; 2015 c.174 §10; 2015 c.614 §§145,146]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.008 - Violations described.

(1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply:
(a) The offense is designated as a violation in the statute defining the offense.
(b) The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.
(c) The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.
(d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566.
(e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.
(2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [1999 c.1051 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.012 - Violation categories.

Violations are classified for the purpose of sentencing into the following categories:
(1) Class A violations.
(2) Class B violations.
(3) Class C violations.
(4) Class D violations.
(5) Class E violations.
(6) Unclassified violations as described in ORS 153.015.
(7) Specific fine violations as described in ORS 153.015. [1999 c.1051 §4; 2021 c.2 §18: 2021 c.591 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.015 - Unclassified and specific fine violations.

(1) An offense described in the Oregon Revised Statutes that is designated as a violation but does not specify the classification of the violation is an unclassified violation. An unclassified violation is a Class B violation.
(2) A specific fine violation is any offense described in the Oregon Revised Statutes that is designated as a specific fine violation or:
(a) Is not designated as a crime or as a class A, B, C or D violation;
(b) Is not punishable by a term of imprisonment as a penalty for committing the offense; and
(c) Is punishable by a specific fine as the penalty for committing the offense. [1999 c.1051 §5; 2011 c.597 §6a]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.018 - Maximum fines.

(1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.
(2) Except as otherwise provided by law, the maximum fine for a violation committed by an individual is:
(a) $2,000 for a Class A violation.
(b) $1,000 for a Class B violation.
(c) $500 for a Class C violation.
(d) $250 for a Class D violation.
(e) $100 for a Class E violation.
(f) $2,000 for a specific fine violation, or the maximum amount otherwise established by law for the specific fine violation.
(3) If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation. Except as otherwise provided by law, if a special corporate fine is not specified in the law creating the violation, the maximum fine for a violation committed by a corporation is:
(a) $4,000 for a Class A violation.
(b) $2,000 for a Class B violation.
(c) $1,000 for a Class C violation.
(d) $500 for a Class D violation. [1999 c.1051 §6; 2003 c.737 §103; 2011 c.597 §7; 2021 c.2 §19; 2021 c.591 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.019 - Presumptive fines; generally.

(1) Except as provided in ORS 153.020, 153.062 and 430.391, the presumptive fines for violations are:
(a) $440 for a Class A violation.
(b) $265 for a Class B violation.
(c) $165 for a Class C violation.
(d) $115 for a Class D violation.
(e) $100 for a Class E violation.
(2) The presumptive fine for a specific fine violation is:
(a) The amount specified by statute as the presumptive fine for the violation; or
(b) An amount equal to the greater of 20 percent of the maximum fine prescribed for the violation, or the minimum fine prescribed by statute for the violation.
(3) Any surcharge imposed under ORS 1.188 shall be added to and made a part of the presumptive fine. [2011 c.597 §2; 2016 c.78 §3; 2017 c.712 §1; 2021 c.591 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.020 - Presumptive fines; highway work zones, school zones and safety corridors.

(1) If a person is charged with a traffic violation, as defined in ORS 801.557, and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230, occurred in a posted school zone and is subject to the provisions of ORS 811.235, or occurred in a safety corridor and is subject to the provisions of ORS 811.483 or section 2, chapter 501, Oregon Laws 2019, the presumptive fine for the violation is:
(a) $875 for a Class A violation.
(b) $525 for a Class B violation.
(c) $325 for a Class C violation.
(d) $225 for a Class D violation.
(2) Any surcharge imposed under ORS 1.188 shall be added to and made a part of the presumptive fine. [2011 c.597 §3; 2012 c.89 §10; 2016 c.78 §4; 2017 c.712 §2; 2019 c.501 §3]
Note:
The amendments to 153.020 by section 4, chapter 501, Oregon Laws 2019, become operative January 2, 2026. See section 5, chapter 501, Oregon Laws 2019. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.
(1) If a person is charged with a traffic violation, as defined in ORS 801.557, and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230, occurred in a posted school zone and is subject to the provisions of ORS 811.235, or occurred in a safety corridor and is subject to the provisions of ORS 811.483, the presumptive fine for the violation is:
(a) $875 for a Class A violation.
(b) $525 for a Class B violation.
(c) $325 for a Class C violation.
(d) $225 for a Class D violation.
(2) Any surcharge imposed under ORS 1.188 shall be added to and made a part of the presumptive fine.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.021 - Minimum fines; waiver; audit of court.

(1) Unless a specific minimum fine is prescribed for a violation, and except as otherwise provided by law, the minimum fine a court shall impose for a violation that is subject to the presumptive fines established by ORS 153.019 (1) or 153.020 are as follows:
(a) $225 for a Class A violation.
(b) $135 for a Class B violation.
(c) $85 for a Class C violation.
(d) $65 for a Class D violation.
(e) $45 for a Class E violation.
(2) Notwithstanding subsection (1) of this section, a court may waive payment of the minimum fine described in this section, in whole or in part, if the court determines that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:
(a) The financial resources of the defendant and the burden that payment of the minimum fine would impose, with due regard to the other obligations of the defendant; and
(b) The extent to which that burden could be alleviated by allowing the defendant to pay the fine in installments or subject to other conditions set by the court.
(3) This section does not affect the manner in which a court imposes or reduces monetary obligations other than fines.
(4) The Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of this section. In addition, the Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of ORS 137.145 to 137.159 and 153.640 to 153.680. The Department of Revenue or Secretary of State may file an action under ORS 34.105 to 34.240 to enforce the requirements of this section and of ORS 137.145 to 137.159 and 153.640 to 153.680. [2011 c.597 §4; 2012 c.89 §11; 2017 c.712 §3; 2021 c.591 §14; 2022 c.68 §1]