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.

• § 135.365 — or the judgment of conviction is subsequently reversed, vacated or set aside; and (b) If the agreement requires the court to reinstate charges under the circumstances described in paragraph (a) of this subsection, the defendant has provided the court with a written waiver of the statute of limitatio
• § 135.370 — Not guilty plea as denial of allegations of accusatory instrument
• § 135.375 — Pleading to offenses in other counties
• § 135.380 — Time of entering plea; aid of counsel
• § 135.385 — Defendant to be advised by court; inquiry into immigration status prohibited
• § 135.390 — Determining voluntariness of plea; nature of plea agreement
• § 135.395 — Determining accuracy of plea
• § 135.405 — and the defendant is entering a guilty plea based on the plea offer and agreed disposition recommendation, the court shall determine whether the plea is voluntarily made
• § 135.406 — [1997 c.313 §3; repealed by 2009 c.178 §35]
• § 135.407 — Plea agreement must contain defendant’s criminal history classification; stipulations
• § 135.410 — [Repealed by 1973 c.836 §358]
• § 135.415 — and the prohibitions set forth in ORS 135.418, the district attorney may engage in plea discussions for the purpose of reaching a plea agreement
• § 135.418 — Prohibited plea agreement provisions
• § 135.420 — [Amended by 1973 c.836 §158; renumbered 135.305]
• § 135.425 — Responsibilities of defense counsel
• § 135.430 — [Renumbered 135.315]
• § 135.432 — Judge involvement in plea discussions; responsibilities of trial judge
• § 135.435 — Discussion and agreement not admissible
• § 135.440 — [Repealed by 1973 c.836 §358]
• § 135.445 — Withdrawn plea or statement not admissible
• § 135.450 — [Renumbered 135.325] (Related Procedure)
• § 135.455 — Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice
• § 135.460 — [Repealed by 1973 c.836 §358]
• § 135.465 — Defect in accusatory instrument as affecting acquittal on merits
• § 135.470 — Motion to dismiss accusatory instrument on grounds of former jeopardy
• § 135.510 — Grounds for motion to set aside the indictment
• § 135.520 — Time of making motion; hearing
• § 135.530 — Effect of allowance of motion
• § 135.540 — Effect of resubmission of case
• § 135.550 — [Repealed by 1973 c.836 §358]
• § 135.560 — Order to set aside is no bar to future prosecution
• § 135.610 — Demurrer; generally
• § 135.620 — [Repealed by 1973 c.836 §358]
• § 135.630 — Grounds of demurrer
• § 135.640 — When objections that are grounds for demurrer may be taken
• § 135.650 — Hearing of objections specified by demurrer
• § 135.660 — Judgment on demurrer; entry in register
• § 135.670 — Allowance of demurrer
• § 135.680 — Procedure if resubmission of case not allowed
• § 135.690 — Resubmission of case
• § 135.700 — Disallowance of demurrer
• § 135.703 — Crimes subject to being compromised; exceptions
• § 135.705 — Satisfaction of injured person; dismissal of charges
• § 135.707 — Discharge as bar to prosecution
• § 135.709 — Exclusiveness of procedure
• § 135.711 — Facts constituting crime or subcategory of crime required
• § 135.713 — Necessity of stating presumptions of law and matters judicially noticed
• § 135.715 — Effect of nonprejudicial defects in form of accusatory instrument
• § 135.717 — Time of crime
• § 135.720 — Place of crime in certain cases
• § 135.725 — Person injured or intended to be injured
• § 135.727 — Description of animal
• § 135.730 — Judgments; facts conferring jurisdiction
• § 135.733 — Defamation
• § 135.735 — Forgery; misdescription of forged instrument
• § 135.737 — Perjury
• § 135.740 — and 135.743; (3) That the accusatory instrument charges more than one offense not separately stated; (4) That the facts stated do not constitute an offense; (5) That the accusatory instrument contains matter which, if true, would constitute a legal justification or excuse of the offense charged or o
• § 135.743 — Fictitious or erroneous name; insertion of true name
• § 135.745 — to 135.757, is a bar to another prosecution for the same crime if the crime is a Class B or C misdemeanor; but it is not a bar if the crime charged is a Class A misdemeanor, a misdemeanor described in ORS 475.896 or a felony
• § 135.746 — Time period within which trial must commence
• § 135.747 — [Formerly 134.120; repealed by 2013 c.431 §1]
• § 135.748 — Periods of time excluded from time limits
• § 135.750 — Where there is reason for delay
• § 135.752 — When trial not commenced within time limit
• § 135.753 — Effect of dismissal
• § 135.755 — Dismissal on motion of court or district attorney
• § 135.757 — Nolle prosequi; discontinuance by district attorney
• § 135.760 — Notice requesting early trial on pending charge
• § 135.763 — Trial within 90 days of notice unless continuance granted
• § 135.765 — Dismissal of criminal proceeding not brought to trial within allowed time; exceptions
• § 135.767 — Presence of prisoner at proceedings
• § 135.770 — Release of prisoner prohibited
• § 135.773 — District attorney to furnish certain documents
• § 135.775 — Agreement on Detainers
• § 135.777 — Definition for ORS 135.775
• § 135.779 — Enforcement of ORS
• § 135.783 — Effect of escape from custody in another state
• § 135.785 — Surrender of custody under ORS 135.775
• § 135.787 — Administrator of agreement; appointment; duties
• § 135.789 — Notice of request for temporary custody; prisoner’s rights
• § 135.791 — Request for final disposition of detainer from prisoner in another state
• § 135.793 — Procedure where untried instrument pending against prisoner in another state
• § 135.805 — to 135.873: (a) Work product, legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of the attorneys, peace officers or their agents in connection with the investigation, prosecution or defense of a criminal action
• § 135.810 — [Repealed by 1973 c.836 §358]
• § 135.815 — (1)(g)
• § 135.820 — [Repealed by 1973 c.836 §358]
• § 135.825 — Other disclosure to defense; special conditions
• § 135.830 — [Amended by 1973 c.836 §161; renumbered 135.355]
• § 135.835 — Disclosure to the state
• § 135.840 — [Amended by 1973 c.836 §162; renumbered 135.360]
• § 135.845 — and prior to the entry of any guilty plea pursuant to an agreement with the state
• § 135.850 — [Amended by 1973 c.836 §163; renumbered 135.365]
• § 135.855 — and 135.873, in prosecutions for violation of ORS 813.010 in which an instrument was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood the district attorney shall disclose to a represented defendant at least the following material and information
• § 135.857 — Disclosure to victim; conditions
• § 135.860 — [Amended by 1973 c.836 §164; renumbered 135.370]
• § 135.865 — Effect of failure to comply with discovery requirements
• § 135.870 — [Amended by 1971 c.743 §321; repealed by 1973 c.836 §358]
• § 135.873 — Protective orders
• § 135.875 — [1969 c.293 §1; renumbered 135.455]
• § 135.880 — [Amended by 1973 c.836 §176; renumbered 135.465] DIVERSION (Generally)
• § 135.881 — to 135.901
• § 135.886 — Requirements for diversion; factors considered
• § 135.890 — [Repealed by 1973 c.836 §358]
• § 135.891 — Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee
• § 135.893 — Diversion conditions related to medical use of cannabis
• § 135.896 — Stay of criminal proceedings during period of agreement; limitation on stay; extension of stay
• § 135.898 — and subsection (2) of this section, the stay shall not exceed 270 days in the case of a defendant charged with commission of a felony, and shall not exceed 180 days in the case of a defendant charged with the commission of a misdemeanor
• § 135.900 — [Repealed by 1973 c.836 §358]
• § 135.901 — Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program
• § 135.905 — [1987 c.905 §10; 1999 c.59 §27; repealed by 2012 c.81 §7]
• § 135.907 — [1989 c.1075 §5; repealed by 2017 c.21 §126]
• § 135.909 — [1989 c.1075 §6; 1993 c.13 §2; repealed by 2017 c.21 §126]
• § 135.911 — [1989 c.1075 §7; repealed by 2017 c.21 §126]
• § 135.913 — [1989 c.1075 §8; repealed by 2017 c.21 §126]
• § 135.915 — [1989 c.1075 §9; repealed by 2017 c.21 §126]
• § 135.917 — [1989 c.1075 §11; 2009 c.595 §93; repealed by 2017 c.21 §126]
• § 135.919 — [1989 c.1075 §10; 2015 c.258 §2; repealed by 2017 c.21 §126]
• § 135.921 — [1989 c.1075 §12; 1991 c.460 §19; 1991 c.818 §4; 1993 c.13 §3; 2003 c.737 §§62,63; 2005 c.702 §§73,74,75; 2007 c.71 §34;
• § 135.925 — Bad check diversion program; fees
• § 135.930 — [1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4]
• § 135.935 — [1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4]
• § 135.940 — [1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4] EARLY DISPOSITION PROGRAMS
• § 135.941 — to a probationer at the time of the first appearance of the probationer in court for a probation violation
• § 135.942 — Purposes of program
• § 135.943 — Provisions of program
• § 135.945 — [1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4]
• § 135.946 — [2001 c.635 §9; repealed by 2005 c.308 §1]
• § 135.948 — Availability to probationers
• § 135.949 — were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action
• § 135.950 — [1983 c.487 §5; repealed by 1987 c.908 §4] MEDIATING CRIMINAL OFFENSES
• § 135.951 — Authorization; determining when appropriate; exclusions
• § 135.953 — unless the parties to the mediation enter into a written agreement for confidentiality of the mediation
• § 135.955 — Notifying victims and person charged with crime of mediation opportunities
• § 135.957 — Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties
• § 135.959 — Authority to contract with dispute resolution programs
• § 135.970 — Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant
• § 135.973 — Medication use by treatment court entrant
• § 135.975 — [1987 c.475 §2; repealed by 1989 c.790 §74]
• § 135.980 — Rehabilitative programs directory; compilation; availability
• § 135.983 — Court inquiry into defendant’s immigration status prohibited
• § 135.985 — Procedure when defendant is servicemember
• § 135.990 — Penalties ARRAIGNMENT (Generally)
• § 136.001 — Right to jury trial; waiver
• § 136.005 — Challenge to jury panel
• § 136.010 — When issue of fact arises
• § 136.020 — [Repealed by 1973 c.836 §358]
• § 136.030 — How issues are tried
• § 136.040 — When presence of defendant is necessary
• § 136.050 — Reasonable doubt as to degree of crime committed by defendant
• § 136.060 — Jointly charged defendants to be tried jointly; exception
• § 136.070 — Postponement of trial
• § 136.080 — Deposition of witness as condition of postponement
• § 136.090 — Procedure for taking deposition
• § 136.100 — Filing and use of deposition
• § 136.110 — Commitment of defendant after release
• § 136.120 — Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant
• § 136.130 — [Amended by 1973 c.836 §229; repealed by 2017 c.529 §26]
• § 136.140 — [Amended by 1973 c.836 §230; repealed by 2017 c.529 §26]
• § 136.145 — and the victim is unable to attend the trial; (B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness; (C) The attorney for the defendant cannot reasonably be expected to try the
• § 136.150 — [Amended by 1963 c.503 §1; repealed by 1971 c.743 §432]
• § 136.160 — [Amended by 1965 c.551 §1; repealed by 1971 c.743 §432] SELECTION OF JURY
• § 136.210 — Jury number; examination
• § 136.220 — Challenge for implied bias
• § 136.230 — Peremptory challenges
• § 136.240 — Challenge of accepted juror
• § 136.250 — Taking of challenges; number of challenges if two or more defendants
• § 136.260 — Selection of alternate jurors; peremptory challenges
• § 136.270 — Oath, conduct and attendance of alternate jurors at trial
• § 136.280 — Substitution of alternate for discharged juror; retention and discharge of alternates
• § 136.285 — Priority in trial schedule for defendants in custody
• § 136.290 — does not apply to persons charged with crimes that are not releasable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions
• § 136.295 — Application of ORS 136.290; when extensions granted
• § 136.300 — Time limit on appeals to circuit court
• § 136.310 — Function of court; effect of judicial notice of a fact
• § 136.320 — Function of jury; jury to receive law as laid down by court
• § 136.325 — Jury not to be informed of and not to consider punishment that may be imposed
• § 136.330 — Trial procedure; polling jurors in writing
• § 136.340 — [Repealed by 1973 c.836 §358]
• § 136.345 — is interrogated, taken into custody or called as a witness, shall appoint some suitable female person who shall conduct or be present at the examination of such accused person or witness or receive or be present at the receiving or making of any confession or statement which such accused person or w
• § 136.347 — Appointment, duties and compensation of woman officer
• § 136.350 — [Repealed by 1973 c.836 §358]
• § 136.360 — [Repealed by 1961 c.288 §2]
• § 136.370 — [Repealed by 1961 c.288 §2]
• § 136.380 — [Repealed by 1961 c.288 §2]
• § 136.390 — [Amended by 1957 c.380 §1; repealed by 1971 c.743 §432]
• § 136.400 — [Repealed by 1971 c.743 §432]
• § 136.410 — [Repealed by 1971 c.743 §432] EVIDENCE
• § 136.415 — Presumption of innocence; acquittal in case of reasonable doubt
• § 136.420 — Testimony to be given orally in court; exceptions
• § 136.425 — Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another
• § 136.427 — Confessions; corroboration not required; notice; hearing
• § 136.430 — Civil laws of evidence in criminal trials; exceptions
• § 136.432 — Limitation on court’s authority to exclude relevant evidence
• § 136.433 — was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action
• § 136.434 — was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action
• § 136.435 — Admissibility of evidence from felony defendant not informed as required under ORS 135.070
• § 136.437 — Use of evidence in prosecution of prostitution offense
• § 136.440 — Testimony of accomplice; corroboration; “accomplice” defined
• § 136.445 — Motion for acquittal; standard for granting motion; effect
• § 136.447 — Medical records