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.

• § 136.450 — Number of jurors required for verdict
• § 136.455 — General verdict on plea of not guilty
• § 136.460 — Verdict where crime consists of degrees; lesser included offenses
• § 136.465 — Verdict where crime or attempt included within charge
• § 136.470 — Conviction or acquittal of one or more of several defendants
• § 136.475 — Verdict as to some of several defendants; retrial of others
• § 136.480 — Reconsideration of verdict when jury makes mistake as to law
• § 136.485 — Reconsideration of verdict which is not general verdict
• § 136.490 — Discharge of defendant upon acquittal; exception
• § 136.495 — Proceedings after adverse general verdict
• § 136.500 — Motion in arrest of judgment; basis and time for making
• § 136.505 — Effect of allowance of motion
• § 136.510 — [Amended by 1973 c.836 §237; renumbered 136.430]
• § 136.515 — Order when evidence shows guilt; new accusatory instrument
• § 136.520 — [Renumbered 136.415]
• § 136.525 — Order when evidence is insufficient; acquittal
• § 136.530 — [Renumbered 136.420]
• § 136.535 — New trial; application of ORCP 64 F to motion in arrest of judgment
• § 136.540 — [Amended by 1957 c.567 §1; renumbered 136.425]
• § 136.545 — [1963 c.511 §2; 1973 c.836 §238; renumbered 136.435]
• § 136.550 — [Amended by 1973 c.836 §239; renumbered 136.440] WITNESSES (Generally)
• § 136.555 — Subpoena defined
• § 136.557 — Issuance of subpoena by magistrate for witnesses at preliminary examination
• § 136.560 — [Amended by 1957 c.551 §1; 1959 c.302 §1; repealed by 1971 c.743 §432]
• § 136.563 — Issuance of subpoena by district attorney for witnesses before grand jury
• § 136.565 — and 136.567, application therefor shall be made to the court or judge thereof by motion for an order allowing the issuance of subpoenas for such additional witnesses, which motion shall be supported either by the statement of the district attorney or city attorney in writing or by the affidavit of t
• § 136.567 — shall be substantially in the following form: (1) By a magistrate: ______________________________________________________________________________ IN THE NAME OF THE STATE OF OREGON (or CITY OF ______) To A______ B______: You are hereby commanded to appear before C
• § 136.570 — Application for subpoenas for more than 10 witnesses
• § 136.575 — Forms of subpoenas
• § 136.580 — (2), the court, with all of the papers, documents, records or other things described in the criminal process within 20 business days from the date the criminal process is received, unless: (a) The court, for good cause shown, includes in the process a requirement for production within a period of ti
• § 136.583 — and subsection (2) of this section, a subpoena is served by delivering a copy to the witness personally
• § 136.585 — By whom subpoena is served
• § 136.595 — How subpoena is served; proof of service; service on law enforcement agency
• § 136.600 — Certain civil procedures applicable in criminal context
• § 136.602 — Witness fees payable by county; method of payment; defense witness fees payable by defendant
• § 136.603 — Payment of witness who is from outside state or is indigent
• § 136.605 — [1957 c.576 §1; 1973 c.836 §240; renumbered 136.445]
• § 136.607 — [Formerly 139.150; 1977 c.746 §9; repealed by 1995 c.657 §18] (Material Witness Order)
• § 136.608 — Application procedure
• § 136.609 — [Formerly 139.160; 1977 c.746 §10; repealed by 1995 c.657 §18]
• § 136.610 — [Amended by 1973 c.836 §241; renumbered 136.450]
• § 136.611 — Court action upon receipt of application
• § 136.612 — Hearing; security amount; vacation or modification of order
• § 136.613 — [Formerly 139.170; 1977 c.746 §11; repealed by 1995 c.657 §18]
• § 136.614 — Witness held in detention facility; payment
• § 136.615 — [Formerly 139.180; repealed by 1995 c.657 §18]
• § 136.616 — Deposition to perpetuate testimony; procedure
• § 136.617 — Motion to compel witness who may be incriminated to testify
• § 136.619 — Immunity of witness compelled to testify
• § 136.620 — [Amended by 1973 c.836 §242; renumbered 136.455] (Uniform Act to Secure the Attendance of Witnesses From Without a State
• § 136.623 — to 136.637, shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding
• § 136.625 — Where witness material to proceeding in another state is in this state
• § 136.627 — Where witness material to proceeding in this state is in another state
• § 136.630 — [Repealed by 1973 c.836 §358]
• § 136.633 — Immunity of witness from arrest or service of process
• § 136.635 — Construction of ORS
• § 136.637 — shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings
• § 136.640 — [Repealed by 1973 c.836 §358] (Competency)
• § 136.643 — Defendant as witness
• § 136.645 — Codefendant as witness
• § 136.650 — [Amended by 1973 c.836 §243; renumbered 136.460]
• § 136.655 — Spouse as witness
• § 136.660 — [Amended by 1973 c.836 §244; renumbered 136.465]
• § 136.670 — [Amended by 1973 c.836 §245; renumbered 136.470] (Hypnotized Witnesses)
• § 136.675 — Conditions for use of testimony of persons subjected to hypnosis
• § 136.680 — [Amended by 1973 c.836 §246; renumbered 136.475]
• § 136.685 — Required explanations by law enforcement personnel to hypnosis subject; consent of subject required
• § 136.690 — [Renumbered 136.480]
• § 136.695 — Evidence obtained in violation of ORS
• § 136.700 — [Amended by 1973 c.836 §247; renumbered 136.485]
• § 136.710 — [Amended by 1973 c.836 §248; renumbered 136.490]
• § 136.720 — [Amended by 1973 c.836 §249; renumbered 136.495]
• § 136.730 — [Repealed by 1971 c.743 §432]
• § 136.750 — [1993 c.379 §1; renumbered 153.805 in 1995]
• § 136.753 — [1993 c.379 §2; renumbered 153.808 in 1995]
• § 136.756 — [1993 c.379 §3; renumbered 153.810 in 1995] PROCEDURE TO RELY ON ENHANCEMENT FACT AT SENTENCING
• § 136.760 — 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
• § 136.765 — (2) alleges that the defendant has previously been convicted of an offense, the state has the burden of proving the previous conviction unless the defendant stipulates to that fact
• § 136.770 — Enhancement fact related to offense
• § 136.773 — Enhancement fact related to defendant
• § 136.776 — Effect of waiver of right to jury trial
• § 136.780 — Evidence
• § 136.785 — Burden of proof; effect of finding
• § 136.790 — Notice to defendant upon remand
• § 136.792 — Jury upon remand
• § 136.810 — [Amended by 1973 c.836 §250; renumbered 136.500]
• § 136.820 — [Renumbered 136.505]
• § 136.830 — [Amended by 1973 c.836 §251; renumbered 136.515]
• § 136.840 — [Amended by 1973 c.836 §252; renumbered 136.525]
• § 136.850 — [Repealed by 1971 c.565 §17 (
• § 136.851 — enacted in lieu of 136.850); 1973 c.836 §253; renumbered 136.535] _______________
• § 137.010 — Duty of court to ascertain and impose punishment
• § 137.012 — Suspension of imposition or execution of sentence of person convicted of certain sexual offenses; term of probation
• § 137.013 — Appearance by victim at time of sentencing
• § 137.015 — [1971 c.328 §1; 1973 c.346 §1; 1979 c.341 §1; 1983 c.125 §1; 1985 c.277 §1; 1989 c.844 §1; repealed by 1987 c.905 §37]
• § 137.017 — Disposition of fines, costs and security deposits received by court
• § 137.020 — Time for pronouncing judgment; delay; notice of right to appeal
• § 137.030 — Presence of defendant at pronouncement of judgment
• § 137.040 — Bringing defendant in custody to pronouncement of judgment
• § 137.050 — Nonattendance or nonappearance of released defendant when attendance required by court
• § 137.060 — Form of bench warrant
• § 137.070 — Counties to which bench warrant may issue; service
• § 137.071 — Requirements for judgment documents
• § 137.072 — [1967 c.585 §2; repealed by 1973 c.836 §358]
• § 137.073 — [1989 c.472 §3; repealed by 2003 c.576 §580]
• § 137.074 — Fingerprints of convicted felons and certain misdemeanants required
• § 137.075 — [1967 c.585 §3; 1971 c.743 §323; repealed by 1973 c.836 §358]
• § 137.076 — Blood or buccal sample and thumbprint of certain convicted defendants required; application
• § 137.077 — Presentence report; general principles of disclosure
• § 137.079 — Presentence report; other writings considered in imposing sentence; disclosure to parties; court’s authority to except parts from disclosure
• § 137.080 — Consideration of circumstances in aggravation or mitigation of punishment
• § 137.085 — Age and physical disability of victim as factors in sentencing
• § 137.090 — Considerations in determining aggravation or mitigation
• § 137.100 — Defendant as witness in relation to circumstances
• § 137.101 — to 137.109: (1) “Criminal activities” means any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant
• § 137.102 — Restitution ordered to insurance carrier
• § 137.103 — to 137.109, 137.540, 144.102, 144.275, 161.675 and 161.685 may not be introduced in any civil action arising out of the facts or events that were the basis for the restitution
• § 137.105 — Authority of trial court during pendency of appeal
• § 137.106 — Restitution to victims; objections by defendant; disclosure to defendant
• § 137.107 — Authority of court to amend part of judgment relating to restitution
• § 137.108 — Restitution when defendant has entered into diversion agreement
• § 137.109 — Effect of restitution order on other remedies of victim; credit of restitution against subsequent civil judgment; effect
• § 137.110 — [Repealed by 1973 c.836 §358]
• § 137.111 — [1955 c.636 §3; 1961 c.424 §1; repealed by 1971 c.743 §432]
• § 137.112 — [1953 c.641 §2; 1955 c.252 §1; 1955 c.636 §1; 1961 c.424 §2; repealed by 1971 c.743 §432]
• § 137.113 — [1953 c.641 §3; 1955 c.252 §2; 1961 c.424 §3; repealed by 1971 c.743 §432]
• § 137.114 — [1953 c.641 §4; repealed by 1971 c.743 §432]
• § 137.115 — [1953 c.641 §5; repealed by 1971 c.743 §432]
• § 137.116 — [1953 c.641 §6; 1955 c.252 §3; 1955 c.636 §2; repealed by 1961 c.424 §9]
• § 137.117 — [1955 c.636 §10; 1961 c.266 §1; 1961 c.424 §4; repealed by 1971 c.743 §432] (Collection of Monetary Obligations)
• § 137.118 — Assignment of judgments for collection of monetary obligation; costs of collection
• § 137.119 — [1963 c.320 §1; 1969 c.502 §3; 1969 c.597 §124; repealed by 1971 c.743 §432] (Term and Place of Confinement)
• § 137.120 — Term of sentence; reasons to be stated on record
• § 137.121 — Maximum consecutive sentences
• § 137.122 — [1985 c.722 §2; repealed by 1991 c.67 §28]
• § 137.123 — Provisions relating to concurrent and consecutive sentences
• § 137.124 — Commitment of defendant to Department of Corrections or county; place of confinement; transfer of adults in custody; juveniles
• § 137.125 — [1955 c.660 §3; repealed by 1967 c.585 §8] (Community Service)
• § 137.126 — to 137.131: (1) “Community service” means uncompensated labor for an agency whose purpose is to enhance physical or mental stability, environmental quality or the social welfare
• § 137.127 — [1955 c.660 §5; repealed by 1967 c.585 §8]
• § 137.128 — Community service as part of sentence; effect of failure to perform community service
• § 137.129 — Length of community service sentence
• § 137.130 — [Repealed by 1987 c.550 §5]
• § 137.131 — Community service as condition of probation for offense involving graffiti
• § 137.138 — Forfeiture of weapons and revocation of hunting license for certain convictions
• § 137.140 — [Amended by 1973 c.836 §263; 1987 c.550 §3; renumbered
• § 137.143 — All monetary obligations constitute single obligation on part of convicted person
• § 137.145 — to 137.159, based on the different parts of the obligation, and shall credit and distribute all moneys received in payme
• § 137.146 — Priorities for application of payments on criminal judgments entered in circuit courts
• § 137.147 — Priorities for application of payments on criminal judgments entered in local courts
• § 137.149 — Level I obligations in circuit court judgments
• § 137.150 — [Amended by 1959 c.530 §1; 1969 c.511 §2; repealed by 1971 c.743 §432]
• § 137.151 — Level I obligations in local court judgments
• § 137.153 — Level II obligations in circuit court judgments
• § 137.154 — Level II obligations in local court judgments
• § 137.155 — Level III obligations in circuit court judgments
• § 137.156 — Level III obligations in local court judgments
• § 137.157 — Level IV obligations in circuit court judgments
• § 137.158 — Level IV obligations in local court judgments
• § 137.159 — Level V obligations in circuit court judgments
• § 137.160 — [Repealed by 1961 c.520 §1] (Post-Judgment Procedures)
• § 137.167 — Imprisonment when county jail is not suitable for safe confinement
• § 137.170 — Entry of judgment in criminal action
• § 137.172 — Entry of corrected judgment
• § 137.175 — Judgment in criminal action that effects release of defendant; delivery to sheriff
• § 137.180 — [Amended by 1987 c.709 §2; 1989 c.472 §5; 1995 c.658 §77; 1997 c.801 §62; 1999 c.1051 §126; repealed by 2003 c.576 §580]
• § 137.183 — Interest on judgments; waiver; payments
• § 137.190 — [Repealed by 1959 c.558 §32 (
• § 137.200 — [Repealed by 1971 c.743 §432]
• § 137.205 — [1963 c.600 §12; 1967 c.372 §3; repealed by 1971 c.743 §432]
• § 137.210 — Taxation of costs against complainant
• § 137.212 — Clerk to prepare trial court file
• § 137.218 — Joint petition for reconsideration of conviction or sentence
• § 137.220 — [1959 c.558 §33 (enacted in lieu of 137.190); renumbered
• § 137.221 — Vacation of judgment of conviction for prostitution
• § 137.222 — Motion for reduction of marijuana conviction offense classification; entry of amended judgment
• § 137.223 — Order setting aside judgment of guilty except for insanity; fees; procedure; effect of order
• § 137.224 — Sealing of records related to drug enforcement misdemeanor
• § 137.225 — Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations
• § 137.226 — was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action
• § 137.227 — Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person; agencies to perform evaluation
• § 137.228 — Finding that defendant is alcoholic or drug-dependent person; effect
• § 137.229 — Duty of Department of Corrections
• § 137.230 — Definitions for ORS 137.260
• § 137.240 — [Formerly 421.110; 1973 c.56 §1; 1973 c.836 §266; 1974 c.36 §2; repealed by 1975 c.781 §10]
• § 137.250 — [Formerly 421.112; 1973 c.836 §267; repealed by 1975 c.781 §10]
• § 137.260 — Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged
• § 137.270 — Effect of felony conviction on property of defendant
• § 137.275 — Effect of felony conviction on civil and political rights of felon
• § 137.280 — [1975 c.781 §2; repealed by 1983 c.515 §1 (
• § 137.281 — Withdrawal of rights during term of incarceration; restoration of rights
• § 137.285 — do not deprive the Director of the Department of Corrections, or the director’s authorized agents, of the authority to r
• § 137.286 — Minimum fines for misdemeanors and felonies; retention of jurisdiction
• § 137.288 — [Formerly 137.293; renumbered
• § 137.289 — [2011 c.597 §33; 2013 c.685 §21; renumbered
• § 137.290 — by section 118, chapter 597, Oregon Laws 2011, applies to an offense only if the offense was committed on or after January 1, 2012, or, if the offense was committed before January 1, 2012, if the offense arises from the actions of a person who was under 18 years of age at the time of the offense and
• § 137.291 — [2011 c.597 §34; 2013 c.685 §22; renumbered
• § 137.292 — [2011 c.597 §35; 2013 c.685 §23; renumbered
• § 137.293 — [1987 c.905 §2; 2011 c.597 §123; renumbered
• § 137.294 — [2011 c.597 §36; 2013 c.685 §24; renumbered