Oregon

Oregon Revised Statutes — Criminal Procedure (Ch. 131–138)

1,064 sections, each with the official text and a plain-English explanation of what it means for you.

• § 131.005 — General definitions
• § 131.007 — “Victim” defined
• § 131.010 — [Repealed by 1973 c.836 §358]
• § 131.015 — Application to prior and subsequent actions
• § 131.020 — [Repealed by 1973 c.836 §358]
• § 131.025 — Parties in criminal action
• § 131.030 — [Repealed by 1973 c.836 §358]
• § 131.035 — When departures, errors or mistakes in pleadings or proceedings are material
• § 131.040 — When law enforcement officer may communicate with person represented by counsel
• § 131.045 — Appearances by simultaneous electronic transmission
• § 131.105 — Timeliness of criminal actions
• § 131.110 — [Amended by 1971 c.743 §315a; repealed by 1973 c.836 §358]
• § 131.120 — [Repealed by 1973 c.836 §358]
• § 131.125 — Time limitations
• § 131.130 — [Repealed by 1973 c.836 §358]
• § 131.135 — When prosecution commenced
• § 131.145 — When time starts to run; tolling of statute
• § 131.155 — Tolling of statute; three-year maximum
• § 131.205 — to 131.235, a person is subject to prosecution under the laws of this state for an offense that the person commits by th
• § 131.210 — [Repealed by 1973 c.836 §358]
• § 131.215 — (1) does not apply if: (a) Either causing a specified result or an intent to cause or danger of causing that result is an element of an offense; and (b) The result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense
• § 131.220 — [Repealed by 1973 c.836 §358]
• § 131.225 — Exceptions
• § 131.230 — [Repealed by 1973 c.836 §358]
• § 131.235 — Criminal homicide
• § 131.240 — [Repealed by 1973 c.836 §358]
• § 131.250 — [1971 c.743 §291; repealed by 1973 c.836 §358] VENUE
• § 131.305 — to 131.415, criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred
• § 131.310 — [Repealed by 1973 c.836 §358]
• § 131.315 — Special provisions
• § 131.320 — [Repealed by 1973 c.836 §358]
• § 131.325 — Place of trial; doubt as to place of crime; conduct outside of state
• § 131.330 — [Repealed by 1973 c.836 §358]
• § 131.335 — Change of venue
• § 131.340 — [Repealed by 1973 c.836 §358]
• § 131.345 — Motion for change of venue; when made
• § 131.350 — [Amended by 1971 c.743 §316; repealed by 1973 c.836 §358]
• § 131.355 — Change of venue for prejudice
• § 131.360 — [Amended by 1973 c.743 §317; repealed by 1973 c.836 §358]
• § 131.363 — shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held
• § 131.365 — [1959 c.664 §5; repealed by 1973 c.836 §358]
• § 131.370 — [Repealed by 1973 c.836 §358]
• § 131.375 — Notification on change of venue
• § 131.380 — [Repealed by 1973 c.836 §358]
• § 131.385 — When change of venue is complete
• § 131.390 — [Amended by 1971 c.746 §318; repealed by 1973 c.836 §358]
• § 131.395 — Expenses of change; taxation as costs
• § 131.400 — [Repealed by 1973 c.836 §358]
• § 131.405 — Attendance of defendant at new place of trial
• § 131.410 — [Repealed by 1973 c.836 §358]
• § 131.415 — Conveyance of defendant in custody after change of venue
• § 131.420 — [Amended by 1961 c.442 §1; repealed by 1973 c.836 §358]
• § 131.430 — [Repealed by 1973 c.836 §358]
• § 131.440 — [Repealed by 1973 c.836 §358]
• § 131.450 — [Repealed by 1973 c.836 §358]
• § 131.460 — [Repealed by 1973 c.836 §358]
• § 131.470 — [Repealed by 1973 c.836 §358] FORMER JEOPARDY
• § 131.505 — to 131.525, unless the context requires otherwise: (1) “Conduct” and “offense” have the meaning provided for those terms in ORS 161.085 and 161.505
• § 131.515 — (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea
• § 131.525 — Previous prosecution; when not a bar to subsequent prosecution
• § 131.535 — Proceedings not constituting acquittal
• § 131.550 — (12)(b) applies are: (1) Bribe giving, as defined in ORS 162.015
• § 131.553 — Legislative findings; effect on local laws; remedy not exclusive
• § 131.556 — Right, title and interest in forfeited property vests in seizing agency
• § 131.558 — Property subject to forfeiture
• § 131.561 — Seizure of property subject to forfeiture
• § 131.564 — prevents a seizing agency from entering into an agreement with a claimant or other person for the reimbursement of the s
• § 131.566 — Motor vehicle with hidden compartment
• § 131.567 — Recorded notice of intent to forfeit real property; form
• § 131.570 — Notice of seizure for forfeiture; service on persons other than defendant; publication of notice
• § 131.573 — shall: (a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the propert
• § 131.576 — Order restoring custody of property after expedited hearing
• § 131.579 — (2): (a) The court shall foreclose all security interests, liens and vendor’s interests of financial institutions and claimants as to which the court determines that there is a legal or equitable basis for foreclosure; and (b) All other interests applicable to the property that are not foreclosed or
• § 131.582 — Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants
• § 131.585 — Extent of judgment
• § 131.588 — (4)
• § 131.591 — Equitable distribution of property or proceeds; intergovernmental agreements
• § 131.594 — or 131.597
• § 131.597 — Disposition and distribution of forfeited property when seizing agency is the state
• § 131.600 — does not abate, impede or in any way delay the initiation or prosecution of a suit or action by a financial institution for the possession of seized property in which the financial institution has or purports to have a lien or security interest or for the foreclosure of such lien or security interes
• § 131.602 — Prohibited conduct for purposes of instrumentalities of crime
• § 131.604 — Disposition of forfeited cigarettes CRIME PREVENTION (Stopping of Persons)
• § 131.605 — to 131.625, unless the context requires otherwise: (1) “Crime” has the meaning provided for that term in ORS 161.515
• § 131.615 — Stopping of persons
• § 131.625 — Frisk of stopped persons
• § 131.655 — Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause
• § 131.665 — Prevention by public officers
• § 131.675 — Dispersal of unlawful assemblages
• § 131.685 — Authority of Governor to enter into agreements with other states for crime prevention purposes
• § 131.705 — to 131.735, unless the context requires otherwise: (1) “Police” means the municipal police and the county sheriff of the political subdivision in which the public property is located, and the Department of State Police
• § 131.715 — Proclamation of emergency period by Governor
• § 131.725 — Exclusion from public property
• § 131.735 — Review of exclusion order
• § 131.805 — Authority to employ special agents
• § 131.815 — Presentment of facts to circuit court
• § 131.825 — Hearing
• § 131.835 — Request that judge of another district conduct hearing; traveling expenses
• § 131.845 — Findings
• § 131.855 — Appointment of special officers on finding that laws are not enforced
• § 131.860 — Qualifying of special officers; powers and duties
• § 131.865 — Compensation of special officers
• § 131.875 — Effect of appointment of special officers on salary of regular officers
• § 131.880 — Appointment of railroad police officers; liability
• § 131.885 — to 131.895, as a reward for information leading to the apprehension of the defendant
• § 131.890 — Entitlement to reward; use of public money to reward bounty hunter
• § 131.892 — Offer of reward for information on commission of criminal offense
• § 131.895 — Procedure for payment
• § 131.897 — Authority to order repayment of reward as part of sentence
• § 131.900 — Liability for medical expenses for person restrained, detained or taken into custody
• § 131.905 — Legislative findings
• § 131.906 — Law Enforcement Contacts Policy and Data Review Committee; duties; report
• § 131.908 — Funding contributions
• § 131.909 — Moneys received
• § 131.910 — [2001 c.687 §10; repealed by 2017 c.532 §16] LAW ENFORCEMENT PROFILING (Complaint Procedures)
• § 131.915 — to 131.925: (1) “Gender identity” has the meaning given that term in ORS 174.100
• § 131.920 — Policies and procedures prohibiting profiling
• § 131.925 — Complaints alleging profiling; complaint form
• § 131.930 — to 131.945: (1) “Gender identity” has the meaning given that term in ORS 174.100
• § 131.935 — Collection of officer-initiated stop data; use of data; rules
• § 131.940 — Analysis of stop data to identify profiling; report
• § 131.945 — Training for law enforcement agencies; presentation to local public safety coordinating council
• § 131.990 — [Formerly 145.990; repealed by 1987 c.526 §2] _______________
• § 133.005 — (3) if the certified peace officer has completed the basic training required for peace officers in the adjoining state i
• § 133.007 — Sufficiency of information or complaint; previous convictions; use of statutory language
• § 133.010 — [Amended by 1965 c.508 §1; repealed by 1973 c.836 §358]
• § 133.015 — Contents of information or complaint
• § 133.020 — Magistrate defined
• § 133.030 — may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court
• § 133.033 — Peace officer; community caretaking functions
• § 133.035 — Ex parte emergency protective orders; service; expiration; contempt proceeding; required availability of judges; fees; forms
• § 133.037 — [1971 c.743 §289; 1973 c.836 §33; renumbered 131.655]
• § 133.040 — [Repealed by 1965 c.508 §8]
• § 133.042 — Deflection and diversion encouraged; notice of completion
• § 133.045 — [1969 c.244 §1; 1973 c.836 §65; 1974 c.42 §1; repealed by 1999 c.1051 §72]
• § 133.050 — [Repealed by 1959 c.426 §1] CRIMINAL CITATIONS
• § 133.055 — (2)(a) exist; or (B) A person is in immediate danger of abuse by a family or household member; and (b) An emergency protective order is necessary to prevent a person from suffering the occurrence or recurrence of abuse
• § 133.060 — Cited person to appear before magistrate; failure to appear; appearance during statewide emergency
• § 133.065 — Service of criminal citation
• § 133.066 — Criminal citations generally
• § 133.067 — [1991 c.824 §2; 1995 c.292 §2; repealed by 1999 c.1051 §72]
• § 133.068 — Contents of criminal citation issued without complaint
• § 133.069 — Contents of criminal citation issued with complaint; nonconformance
• § 133.070 — Criminal citation where arrest without warrant is authorized for ordinance violation
• § 133.072 — [1983 c.661 §10; repealed by 1999 c.1051 §72]
• § 133.073 — Electronic filing of criminal citation; court rules
• § 133.075 — [1969 c.244 §9; 1973 c.836 §66; 1983 c.661 §3; repealed by 1999 c.1051 §63 (
• § 133.076 — and the person knowingly fails to do any of the following: (a) Make an appearance in the manner required by ORS 133.060
• § 133.077 — [1991 c.592 §2; repealed by 1999 c.1051 §72]
• § 133.080 — [1969 c.244 §7; 1971 c.404 §5; 1975 c.451 §172; 1979 c.477 §2; 1983 c.338 §886; repealed by 1999 c.1051 §72]
• § 133.100 — [1971 c.404 §1; 1973 c.836 §67; repealed by 1999 c.1051 §72] WARRANT OF ARREST
• § 133.110 — Issuance; citation
• § 133.120 — Authority to issue warrant
• § 133.130 — [Repealed by 1973 c.836 §358]
• § 133.140 — Content and form of warrant
• § 133.150 — [Repealed by 1961 c.443 §3]
• § 133.160 — [Amended by 1959 c.664 §28; repealed by 1961 c.443 §3]
• § 133.170 — [Amended by 1961 c.443 §2; repealed by 1973 c.836 §358]
• § 133.210 — [Repealed by 1973 c.836 §358] ARREST
• § 133.220 — Who may make arrest
• § 133.225 — Arrest by private person
• § 133.230 — [Repealed by 1971 c.743 §432]
• § 133.235 — Arrest by peace officer; procedure
• § 133.239 — Arrest by parole and probation officer; procedure
• § 133.240 — [Repealed by 1973 c.836 §358]
• § 133.245 — Arrest by federal officer; procedure
• § 133.250 — [Repealed by 1973 c.836 §358]
• § 133.260 — [Repealed by 1973 c.836 §358]
• § 133.270 — [Repealed by 1973 c.836 §358]
• § 133.280 — [Repealed by 1971 c.743 §432]
• § 133.290 — [Repealed by 1973 c.836 §358]
• § 133.300 — [Repealed by 1973 c.836 §358]
• § 133.310 — Authority of peace officer to arrest without warrant
• § 133.315 — (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action
• § 133.318 — Providing false foreign restraining order; false representation to peace officer
• § 133.320 — [Repealed by 1973 c.836 §358]
• § 133.330 — [Repealed by 1973 c.836 §358]
• § 133.340 — Authority to order arrest for crime committed in presence of magistrate
• § 133.350 — [Repealed by 1973 c.836 §358]
• § 133.360 — Arrests on warrant or order transmitted by telegraph
• § 133.370 — [Repealed by 1971 c.743 §432]
• § 133.375 — to 133.381: (1) “Animal” has the meaning given that term in ORS 167.310
• § 133.377 — Arrest of persons for cruelty to animals; immunity of peace officer providing care for animal
• § 133.379 — Duty of peace officer to arrest and prosecute violators of cruelty to animals laws
• § 133.380 — [Repealed by 1971 c.743 §432]
• § 133.381 — Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued
• § 133.400 — Recording of custodial interviews of adults
• § 133.402 — Recording of custodial interviews of juveniles
• § 133.403 — Voluntariness of statement by juvenile during custodial interview
• § 133.405 — to 133.408: (a) “Adjoining state” means California, Idaho, Nevada or Washington
• § 133.407 — apply only in the absence of a mutual aid agreement between the State of Oregon and an adjoining state, or between local governments of this state and adjoining states, or any combination thereof, to which the employing agency is a party
• § 133.408 — were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action
• § 133.410 — to 133.450, unless the context requires otherwise: (1) “Arrest” means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense
• § 133.420 — Definitions for ORS
• § 133.430 — Authority to make arrest in fresh pursuit
• § 133.440 — Proceedings following arrest in fresh pursuit
• § 133.450 — if the person were arrested for the offense
• § 133.455 — Receipts for property taken from person in custody; penalty
• § 133.460 — Forfeiture of conveyances used unlawfully to conceal or transport stolen property
• § 133.465 — is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner
• § 133.470 — Sale of seized property; rights of owner and lienholder