reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.310 - Judgment for claimant.

(1) Except as provided in subsection (2) of this section, if a judgment is entered for a claimant in a proceeding under this chapter, the claimant’s property or interest in the property shall be returned or conveyed immediately to the claimant. All security interests, liens and other interests applicable to the property shall remain in effect as though the property had never been seized. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure. The court shall award costs, disbursements and attorney fees in the manner provided by ORCP 68 to the prevailing claimant, to be paid by the forfeiting agency. If the property is a motor vehicle with a hidden compartment, the seizing agency is not liable for any diminution in the value of the property as a result of disabling the compartment.
(2) If a judgment is entered for a claimant in a proceeding under this chapter, but the court has foreclosed one or more interests in the property under ORS 131A.250, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure. The judgment shall require that the property then be sold, pursuant to a sheriff’s sale or other sale authorized by the court, within such time as may be prescribed by the court. The property shall be sold subject to any interests in the property that have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld or of a financial institution that has filed the affidavit described in ORS 131A.240 (1). The judgment shall require that the proceeds of the sale be applied as follows:
(a) The proceeds shall first be used to pay the costs of the sale.
(b) If the property is a motor vehicle with a hidden compartment, after making the payment required by paragraph (a) of this subsection, the proceeds shall be used to reimburse the seizing agency for the cost of disabling the hidden compartment.
(c) After payment of the costs of the sale and making any reimbursement required under paragraphs (a) and (b) of this subsection, the proceeds shall be applied to the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority.
(d) After making the payments required under paragraphs (a) to (c) of this subsection, any remaining amounts shall be paid to the claimant. [2009 c.78 §39; 2009 c.874 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.315 - Default judgment.

(1) The court shall enter a judgment finding that a person who claims an interest in property that is the subject of a forfeiture action is in default, and provide for the forfeiture of the claimant’s interest without hearing, if:
(a) The person does not make a claim for the property under ORS 131A.165 or file a responsive pleading under ORS 131A.235; or
(b) The person files a responsive pleading under ORS 131A.235 but is thereafter found to be in default in the forfeiture action.
(2) A default judgment may be entered under this section only if the forfeiting agency files an affidavit with the court showing that there was probable cause for seizure of the property. [2009 c.78 §40]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.350 - Disposition generally.

Except as otherwise provided by intergovernmental agreement and this chapter, a forfeiting agency may:
(1) Sell, lease, lend or transfer forfeited property to any federal, state or local law enforcement agency or district attorney.
(2) Sell forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.
(3) Retain forfeited property.
(4) With written authorization from the district attorney for the county in which the property was seized, destroy any forfeited firearms or controlled substances. [2009 c.78 §41]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.355 - Intergovernmental agreements.

A forfeiting agency shall distribute forfeiture proceeds equitably. Distribution of forfeiture proceeds may be made pursuant to intergovernmental agreement under ORS chapter 190. An intergovernmental agreement providing for the distribution of forfeiture proceeds may not provide for a distribution that violates section 10, Article XV of the Oregon Constitution. [2009 c.78 §42]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.370 - Special Crime and Forfeiture Account.

The Special Crime and Forfeiture Account is established in the General Fund of the State Treasury. The account shall consist of all forfeiture proceeds deposited in the account under ORS 131A.365. All moneys in the account are continuously appropriated to the Department of Justice and may be used only for the purposes specified in ORS 131A.365 (6). [2009 c.78 §45]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.400 - Prosecuting attorneys and forfeiture counsel.

(1) Notwithstanding ORS 8.720 or any other provision of law, but subject to the provisions of ORS 180.060, a district attorney may act as forfeiture counsel in any forfeiture proceeding.
(2) In any forfeiture proceeding for which related criminal proceedings have been brought or could be brought, a prosecuting attorney or forfeiture counsel may participate in settlement negotiations initiated by the defendant or claimant or by the attorney representing the defendant or claimant. [2009 c.78 §46]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.405 - Liability of seizing agencies, forfeiting agencies and forfeiture counsel.

(1) Seizing agencies, forfeiting agencies and forfeiture counsel are not civilly or criminally liable for any acts in seizing or forfeiting property under the provisions of this chapter if there was reasonable suspicion that the property was subject to seizure or forfeiture. An order directing seizure issued under ORS 131A.060 shall constitute a finding of reasonable suspicion that the property was subject to forfeiture. The immunity provided by this section extends to all officers, employees and agents of seizing agencies, forfeiting agencies and forfeiture counsel.
(2) Nothing in this section affects any liability that may be imposed under the provisions of section 10 (14), Article XV of the Oregon Constitution. [2009 c.78 §47]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.410 - Indemnification of officers, employees and agents; payment of civil penalties.

(1) Unless the claim arises out of malfeasance in office or willful or wanton neglect of duty, a public body as defined in ORS 30.260 may defend, save harmless and indemnify any officer, employee or agent of the public body against whom a claim is made under section 10 (14), Article XV of the Oregon Constitution.
(2) Any amount recovered as a civil penalty in a claim made under section 10 (14), Article XV of the Oregon Constitution, shall be paid into the Criminal Injuries Compensation Account of the Department of Justice Crime Victims’ Assistance Section to be used for the purposes set forth in ORS chapter 147. [2009 c.78 §48]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.450 - Record keeping and reporting requirements.

(1) All forfeiting agencies shall maintain written documentation of each seizure for forfeiture made under the provisions of this chapter, sale of seized or forfeited property under this chapter, decision to retain property forfeited under the provisions of this chapter, transfer of property forfeited under this chapter and other dispositions of property seized for forfeiture or forfeited under the provisions of this chapter.
(2)(a) As soon as practicable following the seizure of property for civil forfeiture, forfeiture counsel shall file with the Asset Forfeiture Oversight Advisory Committee an electronic report that describes the property seized and the circumstances of the seizure.
(b) As soon as practicable following the entry of judgment under this chapter, forfeiture counsel shall file with the committee an electronic report describing the judgment and the manner in which any forfeited property and the proceeds from any sales of forfeited property were distributed.
(3) Law enforcement agencies shall supply to forfeiture counsel all information requested by forfeiture counsel that is necessary for the preparation of the electronic reports required by subsection (2) of this section.
(4) Public bodies that receive forfeiture proceeds under ORS 131A.360 (2) and 131A.365 (4) shall submit an electronic report to the committee for any calendar year in which those proceeds are received. The report must be submitted no later than January 31 of the following year and must describe how the proceeds received by the public body have been or will be used.
(5) The committee may require forfeiture counsel or a political subdivision to include in the electronic reports described in this section any additional information requested by the committee.
(6) The committee shall develop and make available electronic forms for the purposes of the reports described in this section. [2009 c.78 §49; 2011 c.504 §2; 2013 c.9 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.455 - Asset Forfeiture Oversight Advisory Committee.

(1) The Asset Forfeiture Oversight Advisory Committee is created. The committee consists of 10 members to be appointed as follows:
(a) The President of the Senate and the Speaker of the House of Representatives shall appoint four legislators to the committee. Two shall be Senators appointed by the President. Two shall be Representatives appointed by the Speaker.
(b) The Governor shall appoint three members to the committee.
(c) The Attorney General shall appoint three members to the committee.
(2) The term of a legislative member of the committee shall be two years. The term of all other members shall be four years. Members of the committee may be reappointed. If a vacancy occurs on the committee for any reason during the term of membership, the official who appointed the member to the vacant position shall appoint a new member to serve the remainder of the term. A member of the committee may be removed from the committee at any time by the official who appointed the member.
(3)(a) The members of the committee shall select from among themselves a chairperson and vice chairperson.
(b) The committee shall meet at such times and places as determined by the chairperson.
(4) Legislative members shall be entitled to payment of compensation and expense reimbursement under ORS 171.072, payable from funds appropriated to the Legislative Assembly.
(5) The committee shall:
(a) Prepare reports detailing the number and nature of forfeitures carried out under this chapter and ORS 131.550 to 131.600, including the disposition and use of the proceeds from the forfeitures. The reports shall be submitted on or before April 30 of each year to the Speaker of the House of Representatives, President of the Senate, Attorney General and Governor.
(b) In consultation with forfeiture counsel, review and, if necessary, modify the reports required from forfeiture counsel and public bodies to ensure that information necessary for oversight is being obtained and is gathered in an efficient and effective manner.
(c) Make any recommendations it deems necessary to increase the effectiveness, fairness and efficiency of forfeiture actions brought under this chapter and ORS 131.550 to 131.600.
(d) Make any recommendations for additional legislation governing forfeiture actions brought under this chapter and ORS 131.550 to 131.600.
(e) Conduct studies or other activities as necessary to accomplish the purposes of this subsection.
(6) The executive director of the Oregon Criminal Justice Commission shall provide the committee with staff, subject to funds available for that purpose.
(7) For purposes of this section, "forfeiture counsel" includes forfeiture counsel as defined in ORS 131.550. [2009 c.78 §50; 2009 c.506 §1; 2013 c.9 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 131A - Civil Forfeiture › Section 131A.460 - Asset Forfeiture Oversight Account.

(1) The Asset Forfeiture Oversight Account is established in the State Treasury, separate and distinct from the General Fund.
(2) The following moneys shall be deposited into the State Treasury and credited to the Asset Forfeiture Oversight Account:
(a) Moneys received from a public body under the provisions of ORS 131A.360 and 131A.365; and
(b) Any other moneys appropriated to the Asset Forfeiture Oversight Account.
(3) The State Treasurer may invest and reinvest moneys in the Asset Forfeiture Oversight Account in the manner provided by law. Interest earned by the account shall be credited to the account.
(4) The moneys in the Asset Forfeiture Oversight Account are continuously appropriated to the Oregon Criminal Justice Commission to be used for the expenses of the Asset Forfeiture Oversight Advisory Committee. [2009 c.78 §51; 2011 c.504 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.010 - Composition.

A grand jury is a body of seven persons drawn from the jurors in attendance upon the circuit court at a particular jury service term, having the qualifications prescribed by ORS 10.030 and sworn to inquire of crimes committed or triable within the county from which they are selected. [Amended by 1985 c.703 §22]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.020 - Selection of grand juries; law applicable to additional jury; when inquiry void.

(1) Under the direction of the court, the clerk shall draw names at random from the names of jurors in attendance upon the court until the names of seven jurors are drawn and accepted by the court. The seven persons thus chosen shall constitute the grand jury.
(2) When the court, in its discretion, considers that one or more additional grand juries is needed for the administration of justice, one or more additional grand juries shall be selected in the manner provided in subsection (1) of this section.
(3) Any law applicable to the grand jury is equally applicable to any additional grand jury selected under subsection (2) of this section, except that whenever any duties or functions are imposed upon the grand jury, it shall be sufficient if such duties or functions are performed by one of the grand juries selected under this section.
(4) Any inquiry or investigation required by law to be made by a grand jury shall be void, unless such inquiry or investigation was made entirely by the same grand jury. [Amended by 1959 c.59 §1; 1985 c.703 §23]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.030 - Challenge of juror prohibited; when juror may be excused.

Neither the grand jury panel nor any individual juror may be challenged. A judge of the court or clerk of court, as defined in ORS 10.010, may at any time after a juror is drawn and before the juror is sworn excuse the juror from jury service for any reason prescribed in ORS 10.050. [Amended by 1973 c.836 §36; 1979 c.728 §5; 1985 c.703 §24; 1999 c.1085 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.050 - Foreman; alternate.

The court shall appoint a foreman and an alternate foreman of the grand jury from the persons chosen to constitute that body. The alternate foreman shall have the duties and powers of the foreman in the absence of the foreman. [Amended by 1973 c.836 §37]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.060 - Oath or affirmation of jurors.

(1) Before the members of the grand jury enter upon the discharge of their duties, the following oath must be administered to them by or under the direction of the court:
______________________________________________________________________________
You, as grand jurors for the County of ______, do solemnly swear that you will diligently inquire into, and true presentment or indictment make of, all crimes against this state committed or triable within this county that shall come to your knowledge; that you will keep secret the proceedings before you, the counsel of the state, your own counsel and that of your fellows; that you will indict no person through envy, hatred or malice nor leave any person not indicted through fear, favor, affection or hope of reward; but that you will indict upon the evidence before you according to the truth and the laws of this state, so help you God.
______________________________________________________________________________
(2) In administering this oath, the blank therein must be filled with the name of the county in which the court is sitting; and if any juror prefers, the juror must be allowed to affirm thereto, in which case, instead of the final phrase thereof there must be added, "and this you promise under the pains and penalties of perjury." [Amended by 1973 c.836 §38]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.070 - Charge of court.

When the grand jury is formed, the court shall charge it and give it such information as the court deems proper concerning the nature of its powers and duties, or charges for crime returned to the court or likely to come before the grand jury.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.090 - Presence of persons at sittings or deliberations of jury; interpreters.

(1) Except as provided in subsections (2) and (3) of this section and ORS 132.250 and 132.260, no person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury.
(2) Upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a parent, guardian or other appropriate person 18 years of age or older to accompany any child 12 years of age or younger, or any person with an intellectual disability, during an appearance before the grand jury. The circuit judge, upon the district attorney’s showing to the court that it is necessary for the proper examination of a witness appearing before the grand jury, may appoint a guard, medical or other special attendant or nurse, who shall be present in the grand jury room and shall attend such sittings.
(3) The district attorney may designate an interpreter who is certified under ORS 45.291 to interpret the testimony of witnesses appearing before the grand jury. The district attorney may designate a qualified interpreter, as defined in ORS 45.288, if the circuit court determines that a certified interpreter is not available and that the person designated by the district attorney is a qualified interpreter as defined in ORS 45.288. An interpreter designated under this subsection may be present in the grand jury room and attend the sittings of the grand jury.
(4) No person other than members of the grand jury shall be present when the grand jury is deliberating or voting upon a matter before it.
(5) As used in this section, "intellectual disability" has the meaning given that term in ORS 427.005. Intellectual disability may be shown by attaching to the motion of the district attorney:
(a) Documentary evidence of intellectual functioning; or
(b) The affidavit of a qualified person familiar with the person with an intellectual disability. "Qualified person" includes, but is not limited to, a teacher, therapist or physician. [Amended by 1973 c.836 §39; 1983 c.375 §1; 1991 c.406 §1; 2001 c.243 §1; 2011 c.658 §31; 2013 c.36 §35; 2017 c.650 §§4,12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.100 - Oath to witness before grand jury.

The foreman of the grand jury or, in the absence of the foreman, any other grand juror shall administer an oath to any witness appearing before the grand jury. [Amended by 1973 c.836 §40]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.110 - When juror discharged; replacement; proceeding with lesser number.

After the formation of the grand jury and before it is discharged, the court may:
(1) Discharge a grand juror who:
(a) Becomes sick, is out of the county or fails to appear when the grand jury is summoned to reconvene;
(b) Is related, by affinity or consanguinity within the third degree, to the accused who is under investigation by the grand jury, or held for the commission of a crime; or
(c) Is unable to continue in the discharge of duties.
(2) Order that another person be drawn at random and sworn from the jurors then in attendance upon the court, or if no other jurors are there in attendance, from the master jury list of the county, to take the place of a discharged juror.
(3) Allow at least five grand jurors to proceed upon good cause shown. [Amended by 1973 c.836 §41; 1985 c.703 §25]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.120 - Jury service term; continuation.

When the jury service term is completed the grand jury must be discharged by the court; but the judge may, by an order made either in open court or at chambers anywhere in the judicial district and entered of record, stating the reasons, continue the grand jury in session for such period of time as the judge deems advisable. [Amended by 1959 c.638 §13; 1973 c.836 §42; 1985 c.540 §30; 1985 c.703 §26]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.210 - Immunity of jurors as to official conduct.

A grand juror cannot be questioned for anything the grand juror says or any vote the grand juror gives, while acting as such, relative to any matter legally pending before the grand jury, except for a perjury or false swearing of which the grand juror may have been guilty in giving testimony before such jury. [Amended by 1973 c.836 §43]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.220 - Disclosure by juror of testimony of witness examined by jury.

A member of a grand jury may be required by any court to disclose:
(1) The testimony of a witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness before the court.
(2) The testimony given before such grand jury by any person, upon a charge against such person for perjury or false swearing or upon trial therefor. [Amended by 1973 c.836 §44]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.250 - District attorney to ensure proceedings are recorded; electronic recording equipment; shorthand reporter; rules.

(1)(a) The district attorney of a county shall ensure that proceedings before the grand jury are recorded in the manner described in this section and ORS 132.260.
(b) The Chief Justice of the Supreme Court shall designate the types of audio electronic recording devices suitable for recording grand jury proceedings and may establish policies and procedures by rule or order to carry out the provisions of this section and ORS 132.260 and 132.270.
(c) The district attorney shall use to record the grand jury proceedings audio electronic recording devices designated, provided and maintained by the Judicial Department.
(2)(a) The district attorney shall delegate the recording of grand jury proceedings to a grand juror and shall provide instruction to the grand juror concerning the audio electronic recording equipment and requirements of the recording.
(b) Notwithstanding paragraph (a) of this subsection, the court may, upon request of the prosecuting attorney, appoint a certified shorthand reporter as defined in ORS 8.415 or a shorthand reporter certified by a national certification association, who shall be permitted to attend all proceedings of the grand jury for the purpose of taking accurate notes. The shorthand reporter’s services shall be paid for by the prosecuting attorney. The shorthand reporter shall be sworn to correctly report the proceedings of the grand jury described in ORS 132.260 and to keep secret any information concerning the grand jury proceedings.
(c) The grand juror or shorthand reporter recording the proceedings is not subject to subpoena, and may not disclose any information, concerning the grand jury proceedings without prior court order.
(3)(a) A failure of an audio electronic recording device to accurately record all or part of a grand jury proceeding does not affect the validity of any prosecution or indictment.
(b) A failure of a grand juror to operate an audio electronic recording device in a manner that accurately records all or part of a grand jury proceeding, as required, does not affect the validity of any prosecution or indictment.
(c) A failure of a shorthand reporter to prepare accurate notes or an accurate report of all or part of a grand jury proceeding, as required, does not affect the validity of any prosecution or indictment.
(4) This section and ORS 132.260 do not apply to grand jury proceedings under ORS 132.440 that inquire into the condition and management of correctional facilities and youth correction facilities. [2017 c.650 §1; 2017 c.650 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.260 - Recording of testimony required; matters that may not be recorded.

(1) Except as provided in subsection (2) of this section, the grand juror described in ORS 132.250 (2)(a), or the shorthand reporter described in ORS 132.250 (2)(b), who is recording grand jury proceedings shall record all testimony given before the grand jury, including:
(a) The case name and number;
(b) The name of each witness appearing before the grand jury; and
(c) Each question asked of, and each response provided by, a witness appearing before the grand jury.
(2) The grand juror operating the audio electronic recording device or the shorthand reporter may not record:
(a) The deliberations or voting of the grand jury.
(b) A presentment made pursuant to ORS 132.370.
(c) Any statements made by a grand juror who is examined as a witness as provided in ORS 132.350.
(d) A procedure related to the production of records, or the unsealing of records, subpoenaed pursuant to ORS 136.583 and to be presented before the grand jury.
(3) The district attorney shall maintain the audio recordings, or report of the shorthand reporter, produced pursuant to this section and ORS 132.250. [2017 c.650 §2; 2017 c.650 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.310 - Inquiry into crimes; presentation to court.

The grand jury shall retire into a private room and may inquire into crimes committed or triable in the county and present them to the court, either by presentment or indictment, as provided in ORS 132.310 to 132.390. [Amended by 1973 c.836 §45]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.330 - Submission of indictment by district attorney.

The district attorney may submit an indictment to the grand jury in any case when the district attorney has good reason to believe that a crime has been committed which is triable within the county. [Amended by 1973 c.836 §47]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.340 - Duties of district attorney for jury.

The district attorney, when required by the grand jury, must prepare indictments or presentments for it and attend its sittings to advise it in relation to its duties or to examine witnesses in its presence.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.350 - Juror’s knowledge of an offense; action thereon.

(1) If a grand juror knows or has reason to believe that a crime which is triable in the county has been committed, the grand juror shall disclose the same to the fellow jurors, who may thereupon investigate the same.
(2) An indictment or presentment must not be found upon the statement of a grand juror unless the grand juror is sworn and examined as a witness.
(3) A grand juror testifying as provided in subsection (2) of this section shall not vote on the indictment nor be present during deliberations thereon. [Amended by 1973 c.836 §48]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.360 - Number of jurors required to concur.

A grand jury may indict or present facts to the court for instruction as provided in ORS 132.370, with the concurrence of five of its members, if at least five jurors voting for indictment or presentment heard all the testimony relating to the person indicted or facts presented. [Amended by 1973 c.836 §49]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.370 - Presentment of facts to court for instruction as to law.

(1) When the grand jury is in doubt whether the facts, as shown by the evidence before it, constitute a crime in law or whether the same has ceased to be punishable by reason of lapse of time or a former acquittal or conviction, it may make a presentment of the facts to the court, without mentioning the names of individuals, and ask the court for instructions concerning the law arising thereon.
(2) A presentment cannot be found and made to the court except as provided in subsection (1) of this section, and, when so found and presented, the court shall give such instructions to the grand jury concerning the law of the case as it thinks proper and necessary.
(3) A presentment is made to the court by the foreman in the presence of the grand jury. But being a mere formal statement of facts for the purpose of obtaining the advice of the court as to the law arising thereon, it is not to be filed in court or preserved beyond the sitting of the grand jury.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.380 - Whom the grand jury may indict.

The grand jury may indict a person for a crime when it believes the person guilty thereof, whether such person has been held to answer for such crime or not. [Amended by 1973 c.836 §50]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.390 - When the grand jury may indict.

The grand jury may find an indictment when all the evidence before it, taken together, is such as in its judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury. [Amended by 1973 c.836 §51]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.410 - Finding of indictment; filing; inspection.

An indictment, when found and indorsed, as provided in ORS 132.400 and 132.580, shall be filed with the clerk of the court, in whose office it shall remain as a public record. Upon being designated by the district attorney as confidential and until after the arrest of a defendant who has not been held to answer the charge, the indictment or any order or process in relation thereto shall not be inspected by any person other than the judge, the clerk of the court, the district attorney or a peace officer in the discharge of a duty concerning the indictment, order or process. [Amended by 1973 c.836 §52; 1999 c.967 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.420 - Disclosure relative to indictment not subject to inspection.

No grand juror, reporter or other person except the district attorney or a peace officer in the exercise of duties in effecting an arrest shall disclose any fact concerning any indictment while it is not subject to public inspection. [Amended by 1973 c.836 §53]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.430 - Finding against indictment; indorsement "not a true bill."

(1) When a person has been held to answer a criminal charge and the indictment in relation thereto is not found "a true bill," the indictment must be indorsed "not a true bill," which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain a public record. In the case of an indictment not found "a true bill" against a person who has not been held to answer a criminal charge, the indictment must be destroyed by the grand jury.
(2) When an indictment indorsed "not a true bill" has been filed with the clerk of the court, the effect is to dismiss the charge, and the charge cannot be again submitted to or inquired of by the grand jury unless the court so orders. [Amended by 1973 c.836 §54; 2017 c.650 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.440 - Inquiry into conditions in correctional and youth correction facilities.

(1) At least once yearly, a grand jury shall inquire into the condition and management of every correctional facility and youth correction facility as defined in ORS 162.135 in the county.
(2) The grand jury is entitled to free access at all reasonable times to such correctional facilities and juvenile facilities, and, without charge, to all public records in the county pertaining thereto.
(3) Other than indictments presented under ORS 132.310 or presentments presented under ORS 132.370, the grand jury shall issue no report other than a report of an inquiry made under this section. [Amended by 1973 c.836 §55; 1985 c.565 §11; 1997 c.249 §44]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.510 - Forms of pleadings.

The forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by the statutes relating to criminal procedure. [Amended by 1973 c.836 §56]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.540 - Sufficiency of indictment; previous convictions; use of statutory language; when name of victim not required.

(1) The indictment is sufficient if it can be understood therefrom that:
(a) The defendant is named, or if the name of the defendant cannot be discovered, that the defendant is described by a fictitious name, with the statement that the real name of the defendant is to the jury unknown.
(b) The crime was committed within the jurisdiction of the court, except where, as provided by law, the act, though done without the county in which the court is held, is triable therein.
(c) The crime was committed at some time prior to the finding of the indictment and within the time limited by law for the commencement of an action therefor.
(2) Except as provided in ORS 136.765 (1) and subsection (3) of this section, the indictment may not contain allegations that the defendant has previously been convicted of the violation of any statute that may subject the defendant to enhanced penalties.
(3) The indictment must allege that the defendant has previously been convicted of an offense when the previous conviction constitutes a material element of the charged offense.
(4) Words used in a statute to define a crime need not be strictly pursued in the indictment, but other words conveying the same meaning may be used.
(5)(a) An indictment may include a pseudonym, initials or another signifier instead of the name of a victim if:
(A) At least one of the crimes alleged to have been committed against the victim in the indictment is a sex crime as defined in ORS 163A.005;
(B) A separate document containing the name of the victim and the corresponding pseudonym, initials or other signifier is filed with the clerk of the court at the same time as the indictment is filed; and
(C) A copy of the document described in subparagraph (B) of this paragraph is provided to the defense attorney or, if the defendant does not have a lawyer, in accordance with paragraph (c) of this subsection, at the time of arraignment on the indictment.
(b) The defense attorney may orally inform the defendant of the name of the victim contained in the document described in paragraph (a)(B) of this subsection but may not provide a copy of the document to the defendant.
(c) If a defendant is not represented by a lawyer, the district attorney shall provide a copy of the document described in paragraph (a)(B) of this subsection to the defendant. At the time of providing the document, the court shall enter an order prohibiting the defendant from copying the document or providing the document to any other person.
(d) The document described in paragraph (a)(B) of this subsection is confidential with respect to any person who is not a party to the case. At any time during the proceeding the court may, upon a finding of good cause, order that the document is not confidential. Once the final judgment on the case is entered, the document is no longer confidential. [Amended by 1957 c.657 §1; 1973 c.836 §57; 2009 c.180 §1; 2019 c.338 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.550 - Contents of indictment.

The indictment shall contain substantially the following:
(1) The name of the circuit court in which it is filed;
(2) The title of the action;
(3) A statement that the grand jury accuses the defendant or defendants of the designated offense or offenses;
(4) A separate accusation or count addressed to each offense charged, if there be more than one;
(5) A statement in each count that the offense charged therein was committed in a designated county;
(6) A statement in each count that the offense charged therein was committed on, or on or about, a designated date, or during a designated period of time;
(7) A statement of the acts constituting the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended;
(8) The dates of all grand jury proceedings related to the offense or offenses charged;
(9) The signatures of the foreman and of the district attorney; and
(10) The date the indictment is filed with the clerk of the court. [Amended by 1973 c.836 §58; 2007 c.71 §32; 2017 c.650 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.557 - Indictment must contain subcategory facts under certain circumstances.

(1) When a person is charged with a crime committed on or after November 1, 1989, that includes subcategories under the rules of the Oregon Criminal Justice Commission, the state is required to plead specially in the indictment, in addition to the elements of the crime, any subcategory fact on which the state intends to rely to enhance the crime for sentencing purposes. The state shall plead the elements and subcategory facts in a single count. Nothing in this subsection precludes the pleading of alternative theories.
(2) The state must prove each subcategory fact beyond a reasonable doubt and the jury shall return a special verdict of "yes" or "no" on each subcategory fact submitted. [1995 c.520 §6]
Note:
132.557 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 132 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 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.560 - Joinder of counts and charges; consolidation of charging instruments.

(1) A charging instrument must charge but one offense, and in one form only, except that:
(a) Where the offense may be committed by the use of different means, the charging instrument may allege the means in the alternative.
(b) Two or more offenses may be charged in the same charging instrument in a separate count for each offense if the offenses charged are alleged to have been committed by the same person or persons and are:
(A) Of the same or similar character;
(B) Based on the same act or transaction; or
(C) Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
(2) If two or more charging instruments are found in circumstances described in subsection (1)(b) of this section, the court may order them to be consolidated.
(3) If it appears, upon motion, that the state or defendant is substantially prejudiced by a joinder of offenses under subsection (1) or (2) of this section, the court may order an election or separate trials of counts or provide whatever other relief justice requires.
(4) As used in this section, "charging instrument" means any written instrument sufficient under the law to charge a person with an offense, and shall include, but not be limited to, grand jury indictments, informations, complaints and uniform traffic, game or boating complaints. [Amended by 1989 c.842 §1; 1993 c.278 §1; 1999 c.1040 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.580 - Names of grand jury witnesses required on indictment; exception; effect of failure to include; procedure to remedy failure.

(1) Except as provided in subsection (2) of this section, when an indictment is found, the names of the witnesses examined before the grand jury that returned the indictment, either by testimony in the presence of the grand jury, by affidavit, by means of simultaneous television transmission under ORS 132.320 (5) or by telephone under ORS 132.320 (7), and the names of those whose reports were received by such grand jury pursuant to ORS 132.320 (2) must be inserted at the foot of the indictment, or indorsed thereon, before it is filed. The indorsement shall show whether the witness gave testimony before the grand jury in person, by affidavit, by means of simultaneous television transmission or by telephone or filed a report.
(2)(a) An indictment may include a pseudonym, initials or other signifier instead of the name of a witness examined before the grand jury if:
(A) The witness is also a victim of a sex crime as defined in ORS 163A.005 alleged in the indictment;
(B) A separate document containing the name of the witness and the corresponding pseudonym, initials or other signifier is filed with the clerk of the court at the same time as the indictment is filed; and
(C) A copy of the document described in subparagraph (B) of this paragraph is provided to the defense attorney or, if the defendant does not have a lawyer, in accordance with paragraph (c) of this subsection, at the time of arraignment on the indictment.
(b) The defense attorney may orally inform the defendant of the name of the witness contained in the document described in paragraph (a)(B) of this subsection but may not provide a copy of the document to the defendant.
(c) If a defendant is not represented by a lawyer, the district attorney shall provide a copy of the document described in paragraph (a)(B) of this subsection to the defendant. At the time of providing the document, the court shall enter an order prohibiting the defendant from copying the document or providing the document to any other person.
(d) The document described in paragraph (a)(B) of this subsection is confidential with respect to any person who is not a party to the case. At any time during the proceeding the court may, upon a finding of good cause, order that the document is not confidential. Once the final judgment on the case is entered, the document is no longer confidential.
(3) A witness examined before the grand jury whose name is not indorsed on the indictment shall not be permitted to testify at trial without the consent of the defendant, unless the court finds that:
(a) The name of the witness was omitted from the indictment by inadvertence;
(b) The name of the witness was furnished to the defendant by the state at least 10 days before trial; and
(c) The defendant will not be prejudiced by the omission. [Amended by 1973 c.836 §59; 1995 c.126 §2; 2003 c.645 §8; 2019 c.338 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 132 - Grand Jury, Indictments and Other Accusatory Instruments › Section 132.586 - Pleading domestic violence in accusatory instrument.

(1) As used in this section, "domestic violence" has the meaning given that term in ORS 135.230.
(2) When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime. When a crime is so pleaded, the words "constituting domestic violence" may be added to the title of the crime. [2003 c.319 §1]