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.

• § 133.475 — Notice to owner
• § 133.485 — Perishable property; livestock or fowls
• § 133.495 — Retention of property to answer order of court
• § 133.510 — [Repealed by 1965 c.508 §8]
• § 133.515 — Interpreter to be made available to person with a disability
• § 133.518 — Duty of peace officer to request emergency medical services
• § 133.520 — [Amended by 1965 c.508 §2; 1973 c.836 §75; renumbered 133.450] SEARCH AND SEIZURE (Generally)
• § 133.525 — upon written application made upon oath or affirmation of the district attorney or a deputy district attorney authorized by the district attorney for the county in which the order is sought or upon the oath or affirmation of any peace officer as defined in ORS 133.005
• § 133.530 — [Repealed by 1965 c.508 §8]
• § 133.535 — to 133.615, and it shall be returned to the judge as provided in ORS 133.615
• § 133.537 — Protection of things seized; liability of agency
• § 133.539 — Obtaining information from portable electronic devices
• § 133.540 — [Repealed by 1965 c.508 §8] (Search and Seizure Pursuant to Warrant)
• § 133.545 — Issuance of search warrant; where executable; form of application
• § 133.550 — [Repealed by 1973 c.836 §358]
• § 133.555 — Hearing
• § 133.560 — [Repealed by 1973 c.836 §358]
• § 133.565 — Contents of search warrant; time of execution; destruction of hoop houses
• § 133.575 — Execution of warrant
• § 133.585 — [1973 c.836 §87; repealed by 1997 c.313 §37]
• § 133.595 — List of things seized
• § 133.605 — Use of force in executing warrants
• § 133.610 — [Amended by 1963 c.511 §1; 1965 c.508 §3; 1973 c.836 §138; renumbered 135.070]
• § 133.615 — Return of the warrant
• § 133.617 — “Mobile tracking device” defined
• § 133.619 — Execution of warrant authorizing mobile tracking device
• § 133.620 — [Amended by 1965 c.508 §4; renumbered 135.075]
• § 133.621 — Medical procedures; immunity from liability for performing
• § 133.623 — Handling and disposition of things seized
• § 133.625 — [1961 c.696 §1; 1967 c.475 §1; 1973 c.836 §135; renumbered 135.050]
• § 133.630 — [Repealed by 1961 c.696 §4]
• § 133.633 — Motion for return or restoration of things seized
• § 133.635 — [1961 c.696 §3; 1967 c.628 §2; renumbered 135.080]
• § 133.640 — [Repealed by 1965 c.508 §8]
• § 133.643 — Ground for motion for return or restoration of things seized
• § 133.650 — [Repealed by 1973 c.836 §358]
• § 133.653 — Postponement of return or restoration; appellate review; contents of order
• § 133.660 — [Amended by 1961 c.289 §1; 1965 c.508 §5; 1973 c.836 §139; renumbered 135.085]
• § 133.663 — Disputed possession rights
• § 133.665 — [Repealed by 1961 c.289 §3]
• § 133.670 — [Renumbered 135.090] (Evidentiary Exclusion)
• § 133.673 — Motions to suppress evidence
• § 133.680 — [Renumbered 135.095]
• § 133.683 — [1973 c.836 §117; repealed by 1997 c.313 §37]
• § 133.690 — [Renumbered 135.100]
• § 133.693 — Challenge to truth of evidence
• § 133.700 — [Renumbered 135.105]
• § 133.703 — Identity of informants
• § 133.705 — to 133.717: (1) “Biological evidence” means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material
• § 133.707 — is the property of the victim, the victim may request that the district attorney determine whether the property may be returned to the victim
• § 133.709 — (3), the court shall: (a) Conduct a hearing to resolve the motion; or (b) Enter an order directing the custodian to preserve the biological evidence
• § 133.710 — [Renumbered 135.115]
• § 133.713 — Inventory; right to review
• § 133.715 — Order; appeal
• § 133.717 — requires a district attorney or the court to provide written notice or an order to the defendant and the defendant: (1) Is incarcerated for any offense in a Department of Corrections institution, the notice must be sent by regular United States mail in an envelope prominently displaying the words “L
• § 133.720 — [Renumbered 135.125] INTERCEPTION OF COMMUNICATIONS
• § 133.721 — to 133.739, shall lose its privileged character
• § 133.723 — Records confidential
• § 133.724 — Order for interception of communications; application; grounds for issuance; contents of order; progress reports
• § 133.725 — [Formerly 141.720; repealed by 1979 c.716 §3 (
• § 133.726 — or a person against whom the interception was directed and who alleges that the interception was unlawful
• § 133.727 — Proceeding under expired order prohibited
• § 133.729 — Recording intercepted communications; method; delivery to court; custody
• § 133.730 — [Renumbered 135.135]
• § 133.731 — Inventory; contents; inspection of intercepted communications
• § 133.733 — Procedure for introduction as evidence
• § 133.735 — Suppression of intercepted communications; procedure; grounds; appeal
• § 133.736 — Suppression of intercepted oral communication; procedure; appeal
• § 133.737 — shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communication and shall be entitled to recover from any such person: (a) Actual damages but not less than damages computed at the rate of
• § 133.739 — Civil damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies
• § 133.740 — [Renumbered 135.145] VIDEO CAMERAS WORN BY LAW ENFORCEMENT OFFICERS
• § 133.741 — Law enforcement agency policies and procedures regarding video and audio recordings; requirements; exceptions
• § 133.743 — to 133.857, the term “Governor” includes any person performing the extradition functions of Governor by authority of an appointment under subsection (2) of this section
• § 133.745 — Determination of security requirements to carry out extradition
• § 133.747 — Fugitives from other states; Governor to cause arrest and delivery of criminals
• § 133.750 — [Renumbered 135.155]
• § 133.753 — Form of demand
• § 133.755 — [1961 c.521 §1; repealed by 1973 c.836 §358]
• § 133.757 — Investigation of demand and report
• § 133.760 — [Amended by 1973 c.836 §140; renumbered 135.165]
• § 133.763 — Facts documents must show
• § 133.767 — Extradition of person not present in demanding state at time of commission of crime
• § 133.770 — [Renumbered 136.345]
• § 133.773 — Governor’s warrant of arrest
• § 133.777 — and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state; provided, however, that before such waiver shall be execute
• § 133.780 — [Renumbered 136.347]
• § 133.783 — Authority of arresting officer to command assistance
• § 133.787 — Rights of arrested person
• § 133.793 — Penalty for disobedience to ORS 133.787
• § 133.797 — Confinement of prisoner
• § 133.803 — Arrest prior to requisition
• § 133.805 — Arrest without warrant
• § 133.807 — Commitment to await arrest on requisition
• § 133.809 — Release
• § 133.810 — [Amended by 1973 c.836 §141; renumbered 135.175]
• § 133.813 — Proceedings in absence of arrest under executive warrant within specified time
• § 133.815 — Forfeiture; recovery thereon
• § 133.817 — Persons under criminal prosecution in this state at time of requisition
• § 133.820 — [Amended by 1973 c.836 §142; renumbered 135.185]
• § 133.823 — When guilt of accused may be inquired into
• § 133.825 — Governor may recall warrant
• § 133.827 — Warrant to agent to return fugitive from this state
• § 133.830 — [Amended by 1973 c.836 §143; renumbered 135.195]
• § 133.833 — Application for requisition; filing and forwarding of papers
• § 133.835 — Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
• § 133.837 — Appointment of agent to return fugitive from this state who waives extradition
• § 133.839 — Immunity from civil process in certain civil cases
• § 133.840 — [Amended by 1973 c.836 §144; renumbered 135.205]
• § 133.843 — Written waiver of extradition proceedings
• § 133.845 — Nonwaiver by this state
• § 133.847 — Trial of extradited person for other crimes
• § 133.850 — [Renumbered 135.215]
• § 133.853 — Construction of Act
• § 133.855 — shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact the Uniform Criminal Extradition Act
• § 133.857 — and the provisions of the Constitution of the United States controlling, and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with
• § 133.860 — [Amended by 1959 c.638 §14; 1965 c.508 §6; 1973 c.836 §145; renumbered 135.225] ARREST AND RETURN ACCOUNT
• § 133.865 — Arrest and Return Account
• § 133.870 — Release of booking photo by law enforcement agency
• § 133.875 — Removal of booking photo from publication or website; liability
• § 133.990 — [Renumbered 135.990] PENALTIES
• § 133.992 — is intended to abrogate any other private civil remedy for invasion of privacy
• § 135.010 — Time and place
• § 135.020 — Scope of proceedings
• § 135.030 — When presence of defendant is required; appearance by counsel
• § 135.035 — Bringing in defendant not yet arrested or held to answer
• § 135.037 — Omnibus hearing; when held; subject; ruling of court; counsel required
• § 135.040 — Right to counsel
• § 135.045 — Court appointment of counsel; waiver of counsel; appointment of legal advisor
• § 135.050 — shall be paid fair compensation for representation in the case: (a) By the county, subject to the approval of the governing body of the county, in a proceeding in a county or justice court
• § 135.053 — [1979 c.806 §1; 1981 s.s
• § 135.055 — and 151.485 to 151.497
• § 135.060 — Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment
• § 135.065 — Name used in further proceedings; motion to strike false name
• § 135.067 — was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action
• § 135.070 — Informing defendant as to charge, right to counsel, use of statement and preliminary hearing
• § 135.073 — Statement by defendant when not advised of rights
• § 135.075 — Obtaining counsel
• § 135.080 — [Formerly 133.635; repealed by 1979 c.867 §18]
• § 135.085 — Subpoenaing witnesses
• § 135.090 — Examination of adverse witnesses
• § 135.095 — Right of defendant to make or waive making a statement
• § 135.100 — Statement of defendant
• § 135.105 — Use of statement before grand jury or on trial
• § 135.110 — [Amended by 1973 c.836 §132; renumbered 135.030]
• § 135.115 — Waiver of right to make statement
• § 135.120 — [Repealed by 1973 c.836 §358]
• § 135.125 — Examination of defendant’s witnesses
• § 135.130 — [Repealed by 1973 c.836 §358]
• § 135.135 — Exclusion of witnesses during examination of others
• § 135.139 — Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim’s rights; disclosure of test results; penalties
• § 135.140 — [Amended by 1973 c.836 §133; renumbered 135.035]
• § 135.145 — Testimony of witnesses
• § 135.150 — [Repealed by 1973 c.836 §358]
• § 135.155 — Retention of record and statements by magistrate; inspection
• § 135.160 — [Repealed by 1973 c.836 §358]
• § 135.165 — Counsel for complainant; district attorney
• § 135.170 — [Repealed by 1973 c.836 §358]
• § 135.173 — Oregon Evidence Code to apply in preliminary hearings; exception
• § 135.175 — Discharge
• § 135.180 — [Repealed by 1973 c.836 §358]
• § 135.185 — Holding defendant to answer; use of hearsay evidence
• § 135.190 — [Repealed by 1973 c.836 §358]
• § 135.195 — Commitment
• § 135.200 — [Repealed by 1973 c.836 §358]
• § 135.205 — Indorsement in certain cases
• § 135.210 — [Repealed by 1973 c.836 §358]
• § 135.215 — Direction to sheriff; detention of defendant
• § 135.225 — Forwarding of papers by magistrate
• § 135.230 — to 135.290, unless the context requires otherwise: (1) “Abuse” means: (a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury; (b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or (c) Committing sexual abuse in a
• § 135.233 — Standing pretrial release orders; guidelines for orders
• § 135.235 — Release assistance officers; appointment; duties
• § 135.240 — Releasable offenses
• § 135.242 — [2008 c.52 §1; 2021 c.591 §45; repealed by 2021 c.643 §7]
• § 135.245 — Release decision
• § 135.246 — Release conditions related to medical use of cannabis
• § 135.247 — was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action
• § 135.250 — General conditions of release agreement
• § 135.252 — [2016 c.24 §53f; repealed by 2019 c.292 §10]
• § 135.253 — Waiver of appearance at trial as release condition prohibited
• § 135.255 — Release agreement
• § 135.260 — Conditional release
• § 135.265 — (3); and (c) Does not reduce the money award in the judgment entered under subsection (3) of this section that is owed to the state
• § 135.270 — Taking of security
• § 135.275 — Seizure of security by law enforcement agency
• § 135.280 — and 135.285
• § 135.285 — Modification of release decision
• § 135.290 — Punishment by contempt of court
• § 135.295 — Application of ORS
• § 135.305 — Types of answer
• § 135.310 — [Renumbered 135.040]
• § 135.315 — Types of pleading
• § 135.320 — [Amended by 1961 c.696 §2; 1967 c.475 §2; 1973 c.836 §134; renumbered 135.045]
• § 135.325 — Pleading a judgment
• § 135.330 — [Amended by 1961 c.698 §1; 1967 c.628 §1; 1971 c.677 §1; renumbered 135.055] (Plea)
• § 135.335 — Pleading by defendant; conditional pleas
• § 135.340 — [Amended by 1973 c.836 §136; renumbered 135.060]
• § 135.345 — Legal effect of plea of no contest
• § 135.350 — [Amended by 1973 c.836 §137; renumbered 135.065]
• § 135.355 — Presentation of plea; entry in register; forms
• § 135.360 — Special provisions relating to presentation of plea of guilty or no contest