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+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.005", "name": "General", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.005", "sectionName": "General", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.005", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "definitions. As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["162.135", "161.290", "161.373", "131.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "definitions. As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise: (1) “Accusatory instrument” means a grand jury indictment, an information or a complaint. (2) “Bench warrant” means a process of a court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action. (3) “Complaint” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof. (4) “Complainant’s information” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof. (5) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. “Correctional facility” does not include a youth correction facility as defined in ORS 162.135 and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.373. (6) “Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony. (7) “Criminal proceeding” means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action. (8) “District attorney,” in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General. (9) “District attorney’s information” means a written accusation by a district attorney and: (a) If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or (b) If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or (c) If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof. (10) “Information” means a district attorney’s information or a complainant’s information. (11) “Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it. (12) “Trial court” means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument. (13) “Ultimate trial jurisdiction” means the jurisdiction of a court over a criminal action or proceeding at the highest trial level. (14) “Warrant of arrest” means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced. [1973 c.836 §1; 1983 c.760 §1; 1995 c.738 §3; 1997 c.249 §42; 1997 c.801 §101; 1999 c.1051 §122; 2017 c.634 §1] Note: Legislative Counsel has substituted “chapter 836, Oregon Laws 1973,” for the words “this Act” in sections 1 and 2, chapter 836, Oregon Laws 1973, compiled as 131.005 and", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Accusatory instrument” means a grand jury indictment, an information or a complaint.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Bench warrant” means a process of a court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Complaint” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Complainant’s information” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "“Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. “Correctional facility” does not include a youth correction facility as defined in ORS 162.135 and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.373.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "“Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "“Criminal proceeding” means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "“District attorney,” in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "“District attorney’s information” means a written accusation by a district attorney and:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof.", "subsections": []}]}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "“Information” means a district attorney’s information or a complainant’s information.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "“Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.", "subsections": []}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "“Trial court” means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument.", "subsections": []}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "“Ultimate trial jurisdiction” means the jurisdiction of a court over a criminal action or proceeding at the highest trial level.", "subsections": []}, {"label": "(14)", "token": "14", "kind": "numeric", "text": "“Warrant of arrest” means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced. [1973 c.836 §1; 1983 c.760 §1; 1995 c.738 §3; 1997 c.249 §42; 1997 c.801 §101; 1999 c.1051 §122; 2017 c.634 §1] Note: Legislative Counsel has substituted “chapter 836, Oregon Laws 1973,” for the words “this Act” in sections 1 and 2, chapter 836, Oregon Laws 1973, compiled as 131.005 and", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.007", "name": "“Victim”", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.007", "sectionName": "“Victim”", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.007", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "defined.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["40.385", "135.230", "147.417", "147.419", "147.421"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "defined. As used in ORS 40.385, 135.230, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §17; 1993 c.294 §3; 1997 c.313 §30; 2009 c.178 §32; 2013 c.144 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.010", "name": "ORS 131.010", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.010", "sectionName": "ORS 131.010", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.010", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.015", "name": "ORS 131.015", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.015", "sectionName": "ORS 131.015", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.015", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Application to prior and subsequent actions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Application to prior and subsequent actions. (1) The provisions of chapter 836, Oregon Laws 1973, apply to: (a) All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and (b) All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974. (2) The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 §2] Note: See note under 131.005.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The provisions of chapter 836, Oregon Laws 1973, apply to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 §2] Note: See note under 131.005.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.020", "name": "ORS 131.020", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.020", "sectionName": "ORS 131.020", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.020", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.025", "name": "ORS 131.025", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.025", "sectionName": "ORS 131.025", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.025", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Parties in criminal action.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Parties in criminal action. Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.030", "name": "ORS 131.030", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.030", "sectionName": "ORS 131.030", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.030", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.035", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.035", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.035", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "departures, errors or mistakes in pleadings or proceedings are material.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "departures, errors or mistakes in pleadings or proceedings are material. No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.040", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.040", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.040", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "law enforcement officer may communicate with person represented by counsel. A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "law enforcement officer may communicate with person represented by counsel. A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if: (1) The communication is related to a criminal investigation; (2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and (3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The communication is related to a criminal investigation;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.045", "name": "ORS 131.045", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.045", "sectionName": "ORS 131.045", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.045", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Appearances by simultaneous electronic transmission.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not apply to a hearing under ORS 138.510 to 138.680"], "ors_citations": ["131.005", "138.510", "138.680"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Appearances by simultaneous electronic transmission. (1) As used in this section: (a) “Criminal proceeding” has the meaning given that term in ORS 131.005. (b) “Parties” means the State of Oregon and the person being prosecuted. (c) “Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows: (A) The court and the person making the appearance to communicate with each other during the proceeding; (B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding; (C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and (D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court. (2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if: (a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section; (b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and (c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute. (3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use. (4) Notwithstanding subsection (2)(b) of this section, a witness in a criminal proceeding may not appear before a jury by simultaneous electronic transmission without the written consent of the parties and the agreement of the court. (5) This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 §4; 2009 c.219 §2] TIME LIMITATIONS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Criminal proceeding” has the meaning given that term in ORS 131.005.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Parties” means the State of Oregon and the person being prosecuted.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The court and the person making the appearance to communicate with each other during the proceeding;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if: (b) of this section, a witness in a criminal proceeding may not appear before a jury by simultaneous electronic transmission without the written consent of the parties and the agreement of the court.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Simultaneous electronic transmission is authorized by court rule under subsection", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "of this section; In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Appearance by simultaneous electronic transmission is not specifically prohibited by statute.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 §4; 2009 c.219 §2] TIME LIMITATIONS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.105", "name": "ORS 131.105", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.105", "sectionName": "ORS 131.105", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.105", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Timeliness of criminal actions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.125", "131.155"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Timeliness of criminal actions. A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 §5]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.110", "name": "ORS 131.110", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.110", "sectionName": "ORS 131.110", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.110", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Amended by 1971 c.743 §315a;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1971 c.743 §315a; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.120", "name": "ORS 131.120", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.120", "sectionName": "ORS 131.120", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.120", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.125", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.125", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.125", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "limitations.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission", "section has expired, a prosecution nevertheless may be commenced as follows", "section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for", "section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant. (12)(a) Notwithstanding subsection (2) of this section, if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in subsection (2) of this section, the prosecution may be commenced at any time after the commission of the crime. (b) The corroborating evidence described in paragraph (a) of this subsection must consist of one of the following", "section shall present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense. (b) The failure to present evidence reasonably tending to negate guilt as required by paragraph (a) of this subsection does not affect the validity of an indictment or prosecution", "Section 2, chapter 265, Oregon Laws 2023, provides", "Sec. 2. The amendments to ORS 131.125 by section 1 of this 2023 Act apply to offenses committed before, on or after the effective date of this 2023 Act"], "ors_citations": ["163.375", "163.405", "163.411", "163.427", "163.187", "163.205", "163.355", "163.365", "163.385", "163.395", "163.408", "163.425", "163.670", "163.684", "163.525", "167.012", "167.017", "167.057", "163.415", "167.075", "167.080", "164.055", "164.057", "164.075", "164.395", "164.405", "164.415", "165.013", "165.055", "165.800", "163.700", "163.701", "163.429", "132.560", "131.125"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "limitations. (1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed. (2) A prosecution for any of the following felonies may be commenced within 20 years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age, whichever occurs later: (a) Rape in the first degree under ORS 163.375. (b) Sodomy in the first degree under ORS 163.405. (c) Unlawful sexual penetration in the first degree under ORS 163.411. (d) Sexual abuse in the first degree under ORS 163.427. (3) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first: (a) Strangulation under ORS 163.187 (4). (b) Criminal mistreatment in the first degree under ORS 163.205. (c) Rape in the third degree under ORS 163.355. (d) Rape in the second degree under ORS 163.365. (e) Sodomy in the third degree under ORS 163.385. (f) Sodomy in the second degree under ORS 163.395. (g) Unlawful sexual penetration in the second degree under ORS 163.408. (h) Sexual abuse in the second degree under ORS 163.425. (i) Using a child in a display of sexual conduct under ORS 163.670. (j) Encouraging child sexual abuse in the first degree under ORS 163.684. (k) Incest under ORS 163.525. (L) Promoting prostitution under ORS 167.012. (m) Compelling prostitution under ORS 167.017. (n) Luring a minor under ORS 167.057. (4) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first: (a) Strangulation under ORS 163.187 (3). (b) Sexual abuse in the third degree under ORS 163.415. (c) Exhibiting an obscene performance to a minor under ORS 167.075. (d) Displaying obscene materials to minors under ORS 167.080. (5) In the case of crimes described in subsection (3)(i) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (3)(k) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (3)(L) and (m) of this section, the victim is the child whose acts of prostitution are promoted or compelled. (6) A prosecution for arson in any degree may be commenced within six years after the commission of the crime. (7) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime if the victim at the time of the crime was 65 years of age or older: (a) Theft in the first degree under ORS 164.055. (b) Aggravated theft in the first degree under ORS 164.057. (c) Extortion under ORS 164.075. (d) Robbery in the third degree under ORS 164.395. (e) Robbery in the second degree under ORS 164.405. (f) Robbery in the first degree under ORS 164.415. (g) Forgery in the first degree under ORS 165.013. (h) Fraudulent use of a credit card under ORS 165.055 (4)(b). (i) Identity theft under ORS 165.800. (8) Except as provided in subsection (9) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission: (a) For any other felony, three years. (b) For any misdemeanor, two years. (c) For a violation, six months. (9) If the period prescribed in subsection (8) of this section has expired, a prosecution nevertheless may be commenced as follows: (a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years; (b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years; (c) If the offense is an invasion of personal privacy under ORS 163.700 or 163.701, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or (d) If the offense is sexual abuse by fraudulent representation under ORS 163.429, prosecution may be commenced within six years after the victim becomes aware or reasonably should have become aware of the criminal nature of the conduct. (10) Notwithstanding subsections (2) and (3) of this section, if the defendant is identified after the period described in subsection (2) or (3) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for: (a) Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime. (b) Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime. (11) Notwithstanding subsection (10) of this section, if a prosecution for a felony listed in subsection (10) of this section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant. (12)(a) Notwithstanding subsection (2) of this section, if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in subsection (2) of this section, the prosecution may be commenced at any time after the commission of the crime. (b) The corroborating evidence described in paragraph (a) of this subsection must consist of one of the following: (A) Physical evidence other than a DNA sample, including but not limited to audio, video or other electronic recordings, text messages, guest book logs, telephone recordings and photographs. (B) A confession, made by the defendant, to the crime the victim reported. (C) An oral statement, made by the victim to another person in temporal proximity to the commission of the crime, corroborating the victim’s report of the crime to a law enforcement agency. (D) A written statement, created by the victim in temporal proximity to the commission of the crime and subsequently delivered to another person or to a law enforcement agency, corroborating the victim’s report of the crime to a law enforcement agency. (E) A report made by a different victim to a law enforcement agency, made either before or after the victim’s report, alleging that the defendant committed another crime of the same or similar character such that the two crimes could be charged in the same charging instrument under ORS 132.560. (13)(a) A prosecuting attorney commencing a prosecution pursuant to subsection (12) of this section shall present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense. (b) The failure to present evidence reasonably tending to negate guilt as required by paragraph (a) of this subsection does not affect the validity of an indictment or prosecution. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991 c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001 c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6; 2009 c.585 §1; 2011 c.666 §2; 2011 c.681 §3; 2012 c.70 §2; 2015 c.417 §1; 2015 c.645 §5; 2016 c.47 §5; 2016 c.120 §1; 2023 c.200 §2; 2023 c.265 §1] Note: Section 2, chapter 265, Oregon Laws 2023, provides: Sec. 2. The amendments to ORS 131.125 by section 1 of this 2023 Act apply to offenses committed before, on or after the effective date of this 2023 Act [January 1, 2024] but do not operate to revive a prosecution barred by the operation of ORS 131.125 before the effective date of this 2023 Act. [2023 c.265 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A prosecution for any of the following felonies may be commenced within 20 years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age, whichever occurs later: and of this section, if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in subsection of this section, the prosecution may be commenced at any time after the commission of the crime.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Rape in the first degree under ORS 163.375. of this subsection must consist of one of the following:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Physical evidence other than a DNA sample, including but not limited to audio, video or other electronic recordings, text messages, guest book logs, telephone recordings and photographs.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A confession, made by the defendant, to the crime the victim reported.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "An oral statement, made by the victim to another person in temporal proximity to the commission of the crime, corroborating the victim’s report of the crime to a law enforcement agency.", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "A written statement, created by the victim in temporal proximity to the commission of the crime and subsequently delivered to another person or to a law enforcement agency, corroborating the victim’s report of the crime to a law enforcement agency.", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "A report made by a different victim to a law enforcement agency, made either before or after the victim’s report, alleging that the defendant committed another crime of the same or similar character such that the two crimes could be charged in the same charging instrument under ORS 132.560.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Sodomy in the first degree under ORS 163.405. The corroborating evidence described in paragraph", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Unlawful sexual penetration in the first degree under ORS 163.411.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Sexual abuse in the first degree under ORS 163.427.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first: . (i) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (k) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (L) and of this section, if the defendant is identified after the period described in subsection of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for: of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Strangulation under ORS 163.187 Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Sexual abuse in the third degree under ORS 163.415. Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Exhibiting an obscene performance to a minor under ORS 167.075.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Displaying obscene materials to minors under ORS 167.080.", "subsections": []}, {"label": "(m)", "token": "m", "kind": "alpha_lower", "text": "of this section, the victim is the child whose acts of prostitution are promoted or compelled.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": ". A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first: (b).", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Criminal mistreatment in the first degree under ORS 163.205.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Rape in the third degree under ORS 163.355.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Rape in the second degree under ORS 163.365.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Sodomy in the third degree under ORS 163.385.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "Sodomy in the second degree under ORS 163.395.", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Unlawful sexual penetration in the second degree under ORS 163.408.", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "Sexual abuse in the second degree under ORS 163.425.", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "Using a child in a display of sexual conduct under ORS 163.670. Identity theft under ORS 165.800.", "subsections": []}, {"label": "(j)", "token": "j", "kind": "alpha_lower", "text": "Encouraging child sexual abuse in the first degree under ORS 163.684.", "subsections": []}, {"label": "(k)", "token": "k", "kind": "alpha_lower", "text": "Incest under ORS 163.525.", "subsections": [{"label": "(L)", "token": "L", "kind": "alpha_upper", "text": "Promoting prostitution under ORS 167.012.", "subsections": []}]}, {"label": "(m)", "token": "m", "kind": "alpha_lower", "text": "Compelling prostitution under ORS 167.017.", "subsections": []}, {"label": "(n)", "token": "n", "kind": "alpha_lower", "text": "Luring a minor under ORS 167.057.", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Strangulation under ORS 163.187", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "In the case of crimes described in subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "A prosecution for arson in any degree may be commenced within six years after the commission of the crime.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "A prosecution for any of the following felonies may be commenced within six years after the commission of the crime if the victim at the time of the crime was 65 years of age or older:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Theft in the first degree under ORS 164.055.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Aggravated theft in the first degree under ORS 164.057.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Extortion under ORS 164.075.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Robbery in the third degree under ORS 164.395.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Robbery in the second degree under ORS 164.405.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "Robbery in the first degree under ORS 164.415.", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Forgery in the first degree under ORS 165.013.", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "Fraudulent use of a credit card under ORS 165.055", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "Except as provided in subsection of this section has expired, a prosecution nevertheless may be commenced as follows:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the offense is an invasion of personal privacy under ORS 163.700 or 163.701, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "If the offense is sexual abuse by fraudulent representation under ORS 163.429, prosecution may be commenced within six years after the victim becomes aware or reasonably should have become aware of the criminal nature of the conduct.", "subsections": []}]}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission: If the period prescribed in subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "For any other felony, three years.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "For any misdemeanor, two years.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "For a violation, six months.", "subsections": []}]}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "Notwithstanding subsections of this section, if a prosecution for a felony listed in subsection of this section would otherwise be barred by subsection", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "(a) Notwithstanding subsection of this section shall present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The failure to present evidence reasonably tending to negate guilt as required by paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection does not affect the validity of an indictment or prosecution. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991 c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001 c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6; 2009 c.585 §1; 2011 c.666 §2; 2011 c.681 §3; 2012 c.70 §2; 2015 c.417 §1; 2015 c.645 §5; 2016 c.47 §5; 2016 c.120 §1; 2023 c.200 §2; 2023 c.265 §1] Note: Section 2, chapter 265, Oregon Laws 2023, provides: Sec. 2. The amendments to ORS 131.125 by section 1 of this 2023 Act apply to offenses committed before, on or after the effective date of this 2023 Act [January 1, 2024] but do not operate to revive a prosecution barred by the operation of ORS 131.125 before the effective date of this 2023 Act. [2023 c.265 §2]", "subsections": []}]}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "(a) A prosecuting attorney commencing a prosecution pursuant to subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.130", "name": "ORS 131.130", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.130", "sectionName": "ORS 131.130", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.130", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.135", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.135", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.135", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "prosecution commenced.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "prosecution commenced. A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 §7]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.145", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.145", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.145", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "time starts to run; tolling of statute.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.125", "131.155"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "time starts to run; tolling of statute. (1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed. (2) Except as provided in ORS 131.155, the period of limitation does not run during: (a) Any time when the accused is not an inhabitant of or usually resident within this state; or (b) Any time when the accused hides within the state so as to prevent process being served upon the accused. (3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 §8; 1987 c.158 §19]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "For the purposes of ORS 131.125, time starts to run on the day after the offense is committed.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Except as provided in ORS 131.155, the period of limitation does not run during:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Any time when the accused is not an inhabitant of or usually resident within this state; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any time when the accused hides within the state so as to prevent process being served upon the accused.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 §8; 1987 c.158 §19]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.155", "name": "ORS 131.155", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.155", "sectionName": "ORS 131.155", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.155", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Tolling of statute;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.145"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Tolling of statute; three-year maximum. Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 §9] JURISDICTION", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.205", "name": "ORS 131.205", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.205", "sectionName": "ORS 131.205", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.205", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Definition for ORS 131.205 to 131.235.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.205", "131.235"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definition for ORS 131.205 to 131.235. As used in ORS 131.205 to 131.235, “this state” means the land and water and the airspace above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 §13]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.210", "name": "ORS 131.210", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.210", "sectionName": "ORS 131.210", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.210", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.215", "name": "ORS 131.215", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.215", "sectionName": "ORS 131.215", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.215", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Jurisdiction. Except as otherwise provided in ORS 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 the conduct of the person or the conduct of another for which the person is criminally liable if:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.205", "131.235"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Jurisdiction. Except as otherwise provided in ORS 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 the conduct of the person or the conduct of another for which the person is criminally liable if: (1) Either the conduct that is an element of the offense or the result that is an element occurs within this state; or (2) Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or (3) Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or (4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or (5) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or (6) The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 §10]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Either the conduct that is an element of the offense or the result that is an element occurs within this state; or", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 §10]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.220", "name": "ORS 131.220", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.220", "sectionName": "ORS 131.220", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.220", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.225", "name": "ORS 131.225", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.225", "sectionName": "ORS 131.225", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.225", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Exceptions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Exceptions. (1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.230", "name": "ORS 131.230", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.230", "sectionName": "ORS 131.230", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.230", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.235", "name": "ORS 131.235", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.235", "sectionName": "ORS 131.235", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.235", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Criminal homicide.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.215"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Criminal homicide. (1) If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a “result” within the meaning of ORS 131.215 (1). (2) If the body, or a part thereof, of a criminal homicide victim is found within this state, it shall be prima facie evidence that the result occurred within this state. [1973 c.836 §12]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a “result” within the meaning of ORS 131.215", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the body, or a part thereof, of a criminal homicide victim is found within this state, it shall be prima facie evidence that the result occurred within this state. [1973 c.836 §12]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.240", "name": "ORS 131.240", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.240", "sectionName": "ORS 131.240", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.240", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.250", "name": "ORS 131.250", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.250", "sectionName": "ORS 131.250", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.250", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[1971 c.743 §291;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1971 c.743 §291; repealed by 1973 c.836 §358] VENUE", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.305", "name": "Place", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.305", "sectionName": "Place", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.305", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of trial.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.305", "131.415", "131.335", "131.363"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of trial. (1) Except as otherwise provided in ORS 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. (2) All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 to 131.363. [1973 c.836 §14]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as otherwise provided in ORS 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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 to 131.363. [1973 c.836 §14]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.310", "name": "ORS 131.310", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.310", "sectionName": "ORS 131.310", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.310", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.315", "name": "ORS 131.315", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.315", "sectionName": "ORS 131.315", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.315", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Special provisions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["137.717", "165.692", "165.990", "411.675", "411.990", "163.732", "163.730", "163.750"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Special provisions. (1) If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned. (2) If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county. (3) If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired. (4) If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water. (5) If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed. (6) If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned. (7) A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime. (8) If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed. (9) If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs. (10) A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county. (11) A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child. (12)(a) If the offense is theft, forgery or identity theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft, forgery or identity theft was committed. (b) If the offense is two or more offenses listed in ORS 137.717 (2) committed against the same victim within a 180-day period, trial of the offenses may be held in any county in which one of the offenses was committed. (13) When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which: (a) The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or (b) Any act that is an element of the offense occurred. (14) When a prosecution under ORS 165.692 and 165.990 or 411.675 and 411.990 (2) and (3) involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid. (15)(a) If the offense is stalking under ORS 163.732 and involves contacts as defined in ORS 163.730 in more than one county, trial of the offense may be held in any county in which a contact occurred. (b) If the offense is violating a court’s stalking protective order under ORS 163.750, trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 §15; 1987 c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7; 2007 c.584 §3; 2009 c.212 §1; 2023 c.151 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county. committed against the same victim within a 180-day period, trial of the offenses may be held in any county in which one of the offenses was committed.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired. involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child.", "subsections": []}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "(a) If the offense is theft, forgery or identity theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft, forgery or identity theft was committed.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the offense is two or more offenses listed in ORS 137.717", "subsections": []}]}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any act that is an element of the offense occurred.", "subsections": []}]}, {"label": "(14)", "token": "14", "kind": "numeric", "text": "When a prosecution under ORS 165.692 and 165.990 or 411.675 and 411.990", "subsections": []}, {"label": "(15)", "token": "15", "kind": "numeric", "text": "(a) If the offense is stalking under ORS 163.732 and involves contacts as defined in ORS 163.730 in more than one county, trial of the offense may be held in any county in which a contact occurred.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the offense is violating a court’s stalking protective order under ORS 163.750, trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 §15; 1987 c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7; 2007 c.584 §3; 2009 c.212 §1; 2023 c.151 §1]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.320", "name": "ORS 131.320", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.320", "sectionName": "ORS 131.320", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.320", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.325", "name": "Place", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.325", "sectionName": "Place", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.325", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of trial;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of trial; doubt as to place of crime; conduct outside of state. If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 §16]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.330", "name": "ORS 131.330", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.330", "sectionName": "ORS 131.330", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.330", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.335", "name": "Change", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.335", "sectionName": "Change", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.335", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of venue.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.345", "131.415"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of venue. In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 §17]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.340", "name": "ORS 131.340", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.340", "sectionName": "ORS 131.340", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.340", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.345", "name": "Motion", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.345", "sectionName": "Motion", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.345", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "for change of venue;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "for change of venue; when made. A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact. [1973 c.836 §18]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.350", "name": "ORS 131.350", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.350", "sectionName": "ORS 131.350", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.350", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Amended by 1971 c.743 §316;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1971 c.743 §316; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.355", "name": "Change", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.355", "sectionName": "Change", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.355", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of venue for prejudice.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of venue for prejudice. The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 §19]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.360", "name": "ORS 131.360", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.360", "sectionName": "ORS 131.360", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.360", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.743 §317;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.743 §317; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.363", "name": "Change", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.363", "sectionName": "Change", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.363", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of venue in other cases.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of venue in other cases. For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 §20]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.365", "name": "ORS 131.365", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.365", "sectionName": "ORS 131.365", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.365", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[1959 c.664 §5;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1959 c.664 §5; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.370", "name": "ORS 131.370", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.370", "sectionName": "ORS 131.370", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.370", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.375", "name": "ORS 131.375", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.375", "sectionName": "ORS 131.375", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.375", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Notification on change of venue.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Notification on change of venue. When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 §21; 2017 c.252 §13]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.380", "name": "ORS 131.380", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.380", "sectionName": "ORS 131.380", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.380", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.385", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.385", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.385", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "change of venue is complete.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "change of venue is complete. The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 §22; 2017 c.252 §14]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.390", "name": "ORS 131.390", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.390", "sectionName": "ORS 131.390", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.390", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Amended by 1971 c.746 §318;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1971 c.746 §318; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.395", "name": "ORS 131.395", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.395", "sectionName": "ORS 131.395", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.395", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Expenses of change; taxation as costs.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.363", "131.355"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Expenses of change; taxation as costs. (1) The expenses of the change of place of trial under ORS 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. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held. (2) The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 §23]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The expenses of the change of place of trial under ORS 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. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 §23]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.400", "name": "ORS 131.400", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.400", "sectionName": "ORS 131.400", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.400", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.405", "name": "ORS 131.405", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.405", "sectionName": "ORS 131.405", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.405", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Attendance of defendant at new place of trial.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Attendance of defendant at new place of trial. (1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court. (2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 §24]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 §24]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.410", "name": "ORS 131.410", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.410", "sectionName": "ORS 131.410", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.410", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.415", "name": "ORS 131.415", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.415", "sectionName": "ORS 131.415", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.415", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Conveyance of defendant in custody after change of venue.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Conveyance of defendant in custody after change of venue. When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried. [1973 c.836 §25]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.420", "name": "ORS 131.420", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.420", "sectionName": "ORS 131.420", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.420", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Amended by 1961 c.442 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1961 c.442 §1; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.430", "name": "ORS 131.430", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.430", "sectionName": "ORS 131.430", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.430", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.440", "name": "ORS 131.440", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.440", "sectionName": "ORS 131.440", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.440", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.450", "name": "ORS 131.450", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.450", "sectionName": "ORS 131.450", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.450", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.460", "name": "ORS 131.460", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.460", "sectionName": "ORS 131.460", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.460", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.470", "name": "ORS 131.470", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.470", "sectionName": "ORS 131.470", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.470", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358] FORMER JEOPARDY", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358] FORMER JEOPARDY", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.505", "name": "ORS 131.505", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.505", "sectionName": "ORS 131.505", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.505", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Definitions for ORS 131.505 to 131.525. As used in ORS 131.505 to 131.525, unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.505", "131.525", "161.085", "161.505"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 131.505 to 131.525. As used in ORS 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. (2) When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense. (3) When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims. (4) “Criminal episode” means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective. (5) A person is “prosecuted for an offense” when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either: (a) Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525 (2); (b) Proceeds to the trial stage and the jury is impaneled and sworn; or (c) Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn. (6) There is an “acquittal” if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 §26; 1983 c.509 §1; 2001 c.104 §42]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Conduct” and “offense” have the meaning provided for those terms in ORS 161.085 and 161.505.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense. ;", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Proceeds to the trial stage and the jury is impaneled and sworn; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Criminal episode” means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A person is “prosecuted for an offense” when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "There is an “acquittal” if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 §26; 1983 c.509 §1; 2001 c.104 §42]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.515", "name": "ORS 131.515", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.515", "sectionName": "ORS 131.515", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.515", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Previous prosecution; when a bar to second prosecution. Except as provided in ORS 131.525 and 131.535:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.525", "131.535"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Previous prosecution; when a bar to second prosecution. Except as provided in ORS 131.525 and 131.535: (1) No person shall be prosecuted twice for the same offense. (2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court. (3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein. (4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 §27; 1997 c.511 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "No person shall be prosecuted twice for the same offense.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 §27; 1997 c.511 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.525", "name": "ORS 131.525", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.525", "sectionName": "ORS 131.525", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.525", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Previous prosecution; when not a bar to subsequent prosecution.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.515", "135.365", "135.445"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Previous prosecution; when not a bar to subsequent prosecution. (1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances: (a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination. (b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because: (A) It is physically impossible to proceed with the trial in conformity with law; or (B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or (C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or (D) The jury is unable to agree upon a verdict; or (E) False statements of a juror on voir dire prevent a fair trial. (c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense. (d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began. (2) A plea of guilty or resulting judgment is not a bar under ORS 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. The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 §28; 1983 c.509 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The trial court finds that a termination, other than by judgment of acquittal, is necessary because:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "It is physically impossible to proceed with the trial in conformity with law; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The jury is unable to agree upon a verdict; or", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "False statements of a juror on voir dire prevent a fair trial.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A plea of guilty or resulting judgment is not a bar under ORS 131.515 to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 §28; 1983 c.509 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.535", "name": "ORS 131.535", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.535", "sectionName": "ORS 131.535", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.535", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Proceedings not constituting acquittal. The following proceedings will not constitute an acquittal of the same offense:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Proceedings not constituting acquittal. The following proceedings will not constitute an acquittal of the same offense: (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or (2) If the accusatory instrument was: (a) Dismissed upon a demurrer to its form or substance; (b) Dismissed upon any pretrial motion; or (c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43] CRIMINAL FORFEITURE", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the accusatory instrument was:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Dismissed upon a demurrer to its form or substance;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Dismissed upon any pretrial motion; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43] CRIMINAL FORFEITURE", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.550", "name": "to 131.600 does not abate, impede or in any way delay the initiation or", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.550", "sectionName": "to 131.600 does not abate, impede or in any way delay the initiation or", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.550", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "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 interest. A financial institution may proceed with any suit or action involving property in which it has a lien or security interest even though a seizure has occurred and criminal forfeiture proceedings have been or will be commenced. If property that may be subject to criminal forfeiture is sold prior to the conclusion of the forfeiture proceedings, the sheriff, t", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and the rights of holders of security interests of record in the property attach to the proceeds of the sale, leasing, renting or operation in the same order of priority as interests attached to the property. (6)(a) Except as provided in paragraph (b) of this subsection and except for currency with apparent or known intrinsic collector value, all cash seized for criminal forfeiture, together with all cash received from the sale, leasing, renting or operation of the property, must be immediately deposited in an insured interest-bearing forfeiture trust account or accounts maintained by the seizing agency exclusively for this purpose. Cash may be retained as evidence in a criminal proceeding but must be deposited immediately when the need to retain it as evidence is discharged. (b) Notwithstanding paragraph (a) of this subsection, all cash seized for criminal forfeiture that at the time of seizure is deposited in any form of account in a financial institution may remain in the account in the financial institution. From the time of seizure until the criminal forfeiture proceeding is abandoned, or until a court ultimately enters a judgment granting or denying criminal forfeiture or enters a judgment of dismissal, all deposits except the deposit of interest by the financial institution, withdrawals or other transactions involving the account are prohibited, unless approved by the court. (c) Subject to any court order, interest earned upon cash deposited in a forfeiture trust account or held in an account in a financial institution under this subsection must be disbursed as follows"], "ors_citations": ["87.152", "87.162", "131.550", "131.600", "131.582"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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 interest. A financial institution may proceed with any suit or action involving property in which it has a lien or security interest even though a seizure has occurred and criminal forfeiture proceedings have been or will be commenced. If property that may be subject to criminal forfeiture is sold prior to the conclusion of the forfeiture proceedings, the sheriff, trustee or other person who is conducting the sale and who has actual notice of the forfeiture proceedings shall distribute the sale proceeds as follows: (A) To the expenses of the sale; (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment; (C) To the payment of the obligations owed to the foreclosing financial institution that are secured by the property and to any other person whose lien or security interest in the property has been foreclosed in the suit or action in the order determined by the court; and (D) The surplus, if any, shall be distributed to the seizing agency, or to the court in which the forfeiture proceedings are pending. (b) The sheriff, trustee or other person who distributes the sale proceeds as provided in this subsection is not liable to any person who has or asserts an interest in the property. (2) Within 30 days following seizure of property for criminal forfeiture, the seizing agency, in consultation with the district attorney of the county in which the property was seized for forfeiture, shall determine whether it will seek the forfeiture of the property. If the seizing agency elects not to seek forfeiture, it shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens arising under ORS 87.152 to 87.162 that have attached to the property since its seizure and release the property. The property may be released to a person other than the person from whose custody or control the property was taken if the seizing agency or forfeiture counsel first mails to the last-known addresses of all persons known to have an interest in the property a notice of intent to release the property. The notice must specify the person to whom the property is to be released and must detail the time and place of the release. An agency that complies with the provisions of this subsection by paying costs and expenses of towing and storage, discharging possessory liens, mailing any required notices and releasing the property is not liable for its actions under this subsection or for any consequences thereof. 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. (3) A seizing agency shall, pending criminal forfeiture and final disposition and subject to the need to retain the property in any criminal proceeding, provide that property in the physical custody of the seizing agency be serviced or maintained as may be reasonably appropriate to preserve the value of the property. (4) A seizing agency may, pending criminal forfeiture and final disposition and subject to the need to retain seized property in any criminal proceeding: (a) Provide that the seized property be transferred for criminal forfeiture to any city, county, state or federal agency with criminal forfeiture authority, provided that no such transfer may have the effect of diminishing or reducing the rights of any third party under ORS 131.550 to 131.600. (b) Apply to the court for an order providing that the seized property may be sold, leased, rented or operated in the manner and on the terms that may be specified in the court’s order. The court shall deny any application unless the sale, lease, rental or operation of the property will be conducted in a commercially reasonable manner and will not result in a material reduction of the property’s value. The court may enter an order only: (A) After notice and opportunity to be heard is provided to all persons known to have or to claim an interest in the property; and (B) With the consent of all persons holding security interests of record in the property. (c) Provide that the seized property be removed to a storage area for safekeeping. (5) Unless otherwise ordered by the court, the seizing agency shall hold the proceeds of the sale, leasing, renting or operation under subsection (4) of this section and the rights of holders of security interests of record in the property attach to the proceeds of the sale, leasing, renting or operation in the same order of priority as interests attached to the property. (6)(a) Except as provided in paragraph (b) of this subsection and except for currency with apparent or known intrinsic collector value, all cash seized for criminal forfeiture, together with all cash received from the sale, leasing, renting or operation of the property, must be immediately deposited in an insured interest-bearing forfeiture trust account or accounts maintained by the seizing agency exclusively for this purpose. Cash may be retained as evidence in a criminal proceeding but must be deposited immediately when the need to retain it as evidence is discharged. (b) Notwithstanding paragraph (a) of this subsection, all cash seized for criminal forfeiture that at the time of seizure is deposited in any form of account in a financial institution may remain in the account in the financial institution. From the time of seizure until the criminal forfeiture proceeding is abandoned, or until a court ultimately enters a judgment granting or denying criminal forfeiture or enters a judgment of dismissal, all deposits except the deposit of interest by the financial institution, withdrawals or other transactions involving the account are prohibited, unless approved by the court. (c) Subject to any court order, interest earned upon cash deposited in a forfeiture trust account or held in an account in a financial institution under this subsection must be disbursed as follows: (A) If the criminal forfeiture proceeding is abandoned, or if the court ultimately enters a judgment denying criminal forfeiture or a judgment of dismissal, the seizing agency shall pay any interest earned, together with the cash deposited in the forfeiture trust account in connection with the seizure in question, to the person from whom it was seized, and the seizing agency shall release any interest earned, together with the cash deposited in an account in a financial institution, to the person from whom it was seized. (B) If a judgment of criminal forfeiture is entered, but parties other than the seizing agency establish rights to portions of the amount that are in the aggregate larger than or equal to the cash on deposit plus interest earned thereon, the seizing agency shall disburse the interest, together with the cash on deposit, to the parties in the order of their priority. (C) If a judgment of criminal forfeiture is entered and the total amount arising out of the seizure that is on deposit in the forfeiture trust account or in an account in a financial institution, including interest earned on moneys deposited, is greater than the aggregate amount needed to satisfy the established interests of security interest holders, lienholders and other claimants, the seizing agency shall retain the balance remaining after payment by the seizing agency to parties. (7) If the property seized for criminal forfeiture consists of stocks, bonds, promissory notes or other security or evidence of indebtedness, and the property is held in some form of account in a financial institution, the property may remain in the account pending a final decision in the criminal forfeiture proceedings. Unless otherwise allowed by order of the court, no transactions involving the account may be permitted other than the deposit or reinvestment of dividends or other normally recurring payments on the property. Any accrual to the value of the property during the pendency of criminal forfeiture proceedings must be disbursed in the manner provided for the disbursement of interest under subsection (6) of this section. (8) When property has been seized for criminal forfeiture or a notice of criminal forfeiture has been filed, an owner of or interest holder in the property may file a motion seeking an order to show cause. The motion must be filed no later than 15 days after the owner or interest holder received notice or actual knowledge of the seizure, whichever is earlier. At the time a person files a motion under this subsection, the person must serve a copy of the motion on the forfeiture counsel and the defendant, if any. When a motion is filed under this subsection, the court shall issue an order to show cause to the seizing agency for a hearing on the sole issue of whether probable cause for criminal forfeiture of the property exists. If the court finds that there is no probable cause for criminal forfeiture of the property, the property seized for criminal forfeiture or subjected to the notice of criminal forfeiture must be released pending the outcome of a judicial proceeding under ORS 131.582. As used in this subsection, “owner” or “interest holder” does not include the defendant. [2005 c.830 §6; 2009 c.874 §4]", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "To the expenses of the sale;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "To the payment of the obligations owed to the foreclosing financial institution that are secured by the property and to any other person whose lien or security interest in the property has been foreclosed in the suit or action in the order determined by the court; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The surplus, if any, shall be distributed to the seizing agency, or to the court in which the forfeiture proceedings are pending.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The sheriff, trustee or other person who distributes the sale proceeds as provided in this subsection is not liable to any person who has or asserts an interest in the property.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Within 30 days following seizure of property for criminal forfeiture, the seizing agency, in consultation with the district attorney of the county in which the property was seized for forfeiture, shall determine whether it will seek the forfeiture of the property. If the seizing agency elects not to seek forfeiture, it shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens arising under ORS 87.152 to 87.162 that have attached to the property since its seizure and release the property. The property may be released to a person other than the person from whose custody or control the property was taken if the seizing agency or forfeiture counsel first mails to the last-known addresses of all persons known to have an interest in the property a notice of intent to release the property. The notice must specify the person to whom the property is to be released and must detail the time and place of the release. An agency that complies with the provisions of this subsection by paying costs and expenses of towing and storage, discharging possessory liens, mailing any required notices and releasing the property is not liable for its actions under this subsection or for any consequences thereof. 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.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A seizing agency shall, pending criminal forfeiture and final disposition and subject to the need to retain the property in any criminal proceeding, provide that property in the physical custody of the seizing agency be serviced or maintained as may be reasonably appropriate to preserve the value of the property.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A seizing agency may, pending criminal forfeiture and final disposition and subject to the need to retain seized property in any criminal proceeding: of this section and the rights of holders of security interests of record in the property attach to the proceeds of the sale, leasing, renting or operation in the same order of priority as interests attached to the property.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Provide that the seized property be transferred for criminal forfeiture to any city, county, state or federal agency with criminal forfeiture authority, provided that no such transfer may have the effect of diminishing or reducing the rights of any third party under ORS 131.550 to 131.600.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Apply to the court for an order providing that the seized property may be sold, leased, rented or operated in the manner and on the terms that may be specified in the court’s order. The court shall deny any application unless the sale, lease, rental or operation of the property will be conducted in a commercially reasonable manner and will not result in a material reduction of the property’s value. The court may enter an order only:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "After notice and opportunity to be heard is provided to all persons known to have or to claim an interest in the property; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "With the consent of all persons holding security interests of record in the property.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Provide that the seized property be removed to a storage area for safekeeping.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Unless otherwise ordered by the court, the seizing agency shall hold the proceeds of the sale, leasing, renting or operation under subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "(a) Except as provided in paragraph of this section.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "of this subsection and except for currency with apparent or known intrinsic collector value, all cash seized for criminal forfeiture, together with all cash received from the sale, leasing, renting or operation of the property, must be immediately deposited in an insured interest-bearing forfeiture trust account or accounts maintained by the seizing agency exclusively for this purpose. Cash may be retained as evidence in a criminal proceeding but must be deposited immediately when the need to retain it as evidence is discharged. Notwithstanding paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection, all cash seized for criminal forfeiture that at the time of seizure is deposited in any form of account in a financial institution may remain in the account in the financial institution. From the time of seizure until the criminal forfeiture proceeding is abandoned, or until a court ultimately enters a judgment granting or denying criminal forfeiture or enters a judgment of dismissal, all deposits except the deposit of interest by the financial institution, withdrawals or other transactions involving the account are prohibited, unless approved by the court.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Subject to any court order, interest earned upon cash deposited in a forfeiture trust account or held in an account in a financial institution under this subsection must be disbursed as follows:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "If the criminal forfeiture proceeding is abandoned, or if the court ultimately enters a judgment denying criminal forfeiture or a judgment of dismissal, the seizing agency shall pay any interest earned, together with the cash deposited in the forfeiture trust account in connection with the seizure in question, to the person from whom it was seized, and the seizing agency shall release any interest earned, together with the cash deposited in an account in a financial institution, to the person from whom it was seized.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "If a judgment of criminal forfeiture is entered, but parties other than the seizing agency establish rights to portions of the amount that are in the aggregate larger than or equal to the cash on deposit plus interest earned thereon, the seizing agency shall disburse the interest, together with the cash on deposit, to the parties in the order of their priority.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "If a judgment of criminal forfeiture is entered and the total amount arising out of the seizure that is on deposit in the forfeiture trust account or in an account in a financial institution, including interest earned on moneys deposited, is greater than the aggregate amount needed to satisfy the established interests of security interest holders, lienholders and other claimants, the seizing agency shall retain the balance remaining after payment by the seizing agency to parties.", "subsections": []}]}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "If the property seized for criminal forfeiture consists of stocks, bonds, promissory notes or other security or evidence of indebtedness, and the property is held in some form of account in a financial institution, the property may remain in the account pending a final decision in the criminal forfeiture proceedings. Unless otherwise allowed by order of the court, no transactions involving the account may be permitted other than the deposit or reinvestment of dividends or other normally recurring payments on the property. Any accrual to the value of the property during the pendency of criminal forfeiture proceedings must be disbursed in the manner provided for the disbursement of interest under subsection", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "When property has been seized for criminal forfeiture or a notice of criminal forfeiture has been filed, an owner of or interest holder in the property may file a motion seeking an order to show cause. The motion must be filed no later than 15 days after the owner or interest holder received notice or actual knowledge of the seizure, whichever is earlier. At the time a person files a motion under this subsection, the person must serve a copy of the motion on the forfeiture counsel and the defendant, if any. When a motion is filed under this subsection, the court shall issue an order to show cause to the seizing agency for a hearing on the sole issue of whether probable cause for criminal forfeiture of the property exists. If the court finds that there is no probable cause for criminal forfeiture of the property, the property seized for criminal forfeiture or subjected to the notice of criminal forfeiture must be released pending the outcome of a judicial proceeding under ORS 131.582. As used in this subsection, “owner” or “interest holder” does not include the defendant. [2005 c.830 §6; 2009 c.874 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.553", "name": "ORS 131.553", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.553", "sectionName": "ORS 131.553", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.553", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Legislative findings; effect on local laws; remedy not exclusive.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.550", "131.600"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Legislative findings; effect on local laws; remedy not exclusive. (1) The Legislative Assembly finds that: (a) Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 to 131.600; (b) Transactions involving property subject to criminal forfeiture under ORS 131.550 to 131.600 escape taxation; (c) Perpetrators of crimes should not be allowed to keep the proceeds and instrumentalities of their crimes; (d) Governments attempting to respond to prohibited conduct require additional resources to meet their needs; and (e) There is a need to provide for the forfeiture of certain property subject to criminal forfeiture under ORS 131.550 to 131.600, to provide for the protection of the rights and interests of affected persons and to provide for uniformity throughout this state with respect to the laws of this state that pertain to the criminal forfeiture of real and personal property based upon prohibited conduct. (2) ORS 131.550 to 131.600 do not impair the right of any city or county to enact ordinances providing for the criminal forfeiture of property based upon prohibited conduct if: (a) The property was used to commit the conduct described in the ordinances, or constitutes proceeds of the conduct; and (b) The criminal forfeiture is subject to procedures and limitations set forth in ORS 131.550 to", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The Legislative Assembly finds that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 to 131.600;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Transactions involving property subject to criminal forfeiture under ORS 131.550 to 131.600 escape taxation;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Perpetrators of crimes should not be allowed to keep the proceeds and instrumentalities of their crimes;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Governments attempting to respond to prohibited conduct require additional resources to meet their needs; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "There is a need to provide for the forfeiture of certain property subject to criminal forfeiture under ORS 131.550 to 131.600, to provide for the protection of the rights and interests of affected persons and to provide for uniformity throughout this state with respect to the laws of this state that pertain to the criminal forfeiture of real and personal property based upon prohibited conduct.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "ORS 131.550 to 131.600 do not impair the right of any city or county to enact ordinances providing for the criminal forfeiture of property based upon prohibited conduct if:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The property was used to commit the conduct described in the ordinances, or constitutes proceeds of the conduct; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The criminal forfeiture is subject to procedures and limitations set forth in ORS 131.550 to", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.556", "name": "Right,", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.556", "sectionName": "Right,", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.556", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "title and interest in forfeited property vests in seizing agency.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.550", "131.600"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "title and interest in forfeited property vests in seizing agency. Subject to ORS 131.550 to 131.600, all right, title and interest in property forfeited under ORS 131.550 to", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.558", "name": "ORS 131.558", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.558", "sectionName": "ORS 131.558", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.558", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Property subject to forfeiture. The following are subject to criminal forfeiture:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section unless the owner or other person in charge of such conveyance was a consenting party or knew of and acquiesced in the prohibited conduct", "section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state", "section that is intended for use in committing or facilitating an attempt to commit a crime as described in ORS 161.405, a solicitation as described in ORS 161.435 or a conspiracy as described in ORS 161.450"], "ors_citations": ["161.405", "161.435", "161.450"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Property subject to forfeiture. The following are subject to criminal forfeiture: (1) All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct; (2) All raw materials, products and equipment of any kind that are used, or intended for use, in providing, manufacturing, compounding, processing, delivering, importing or exporting any service or substance in the course of prohibited conduct; (3) All property that is used, or intended for use, as a container for property described in subsection (1) or (2) of this section; (4) All conveyances, including aircraft, vehicles and vessels, that are used, or are intended for use, to transport or facilitate the transportation, sale, receipt, possession or concealment of property described in subsection (1) or (2) of this section, and all conveyances, including aircraft, vehicles and vessels, that are used or intended for use in prohibited conduct or to facilitate prohibited conduct, except that: (a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to criminal forfeiture under the provisions of this section unless the owner or other person in charge of such conveyance was a consenting party or knew of and acquiesced in the prohibited conduct; and (b) No conveyance is subject to criminal forfeiture under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state; (5) All books, records, computers and research, including formulae, microfilm, tapes and data that are used or intended for use to facilitate prohibited conduct; (6) All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of prohibited conduct, all proceeds of or from prohibited conduct, and all moneys, negotiable instruments, balances in deposit and other accounts and securities used or intended to be used to facilitate any prohibited conduct; (7) All real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used to commit or facilitate the commission of prohibited conduct; (8) All weapons possessed, used or available for use to facilitate conduct giving rise to criminal forfeiture; (9) All property described in this section that is intended for use in committing or facilitating an attempt to commit a crime as described in ORS 161.405, a solicitation as described in ORS 161.435 or a conspiracy as described in ORS 161.450; and (10) All personal property that is used or intended to be used to commit or facilitate prohibited conduct. [2005 c.830 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "All raw materials, products and equipment of any kind that are used, or intended for use, in providing, manufacturing, compounding, processing, delivering, importing or exporting any service or substance in the course of prohibited conduct; of this section; of this section, and all conveyances, including aircraft, vehicles and vessels, that are used or intended for use in prohibited conduct or to facilitate prohibited conduct, except that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to criminal forfeiture under the provisions of this section unless the owner or other person in charge of such conveyance was a consenting party or knew of and acquiesced in the prohibited conduct; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "No conveyance is subject to criminal forfeiture under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state;", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "All property that is used, or intended for use, as a container for property described in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "All conveyances, including aircraft, vehicles and vessels, that are used, or are intended for use, to transport or facilitate the transportation, sale, receipt, possession or concealment of property described in subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "All books, records, computers and research, including formulae, microfilm, tapes and data that are used or intended for use to facilitate prohibited conduct;", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of prohibited conduct, all proceeds of or from prohibited conduct, and all moneys, negotiable instruments, balances in deposit and other accounts and securities used or intended to be used to facilitate any prohibited conduct;", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "All real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used to commit or facilitate the commission of prohibited conduct;", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "All weapons possessed, used or available for use to facilitate conduct giving rise to criminal forfeiture;", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "All property described in this section that is intended for use in committing or facilitating an attempt to commit a crime as described in ORS 161.405, a solicitation as described in ORS 161.435 or a conspiracy as described in ORS 161.450; and", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "All personal property that is used or intended to be used to commit or facilitate prohibited conduct. [2005 c.830 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.561", "name": "ORS 131.561", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.561", "sectionName": "ORS 131.561", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.561", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Seizure of property subject to forfeiture.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section is not liable"], "ors_citations": ["131.558", "133.535", "131.564", "133.525"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Seizure of property subject to forfeiture. (1) A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable: (a) To any person on account of obedience to the order or direction; or (b) For any costs incurred on account of any contamination of the delivered property. This includes, but is not limited to, any disposal costs for any property forfeited under ORS 131.558, any hazardous waste or material, any contraband or any other contamination contained in property seized under this section. (2) In addition to seizures authorized by ORS 133.535, a police officer may seize property without a court order if the police officer has probable cause to believe that the property is subject to criminal forfeiture. (3) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the person having control or custody of the property shall deliver the same over to the police officer. (4)(a) A police officer may seize property pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property. (b) Application may be made to any judge as defined in ORS 133.525. The application must be supported by one or more affidavits setting forth the facts and circumstances tending to show where the objects of the seizure are to be found. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to criminal forfeiture. The order may be set out on the face of a search warrant. (c) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the order shall direct any person having control or custody of the property to deliver the same over to the seizing agency or to the court to abide judgment. (5) Property may be constructively seized by posting notice of seizure for criminal forfeiture on it or by filing notice of seizure for criminal forfeiture or notice of pending criminal forfeiture in the public records that impart constructive notice of matters relating to such property. A notice that is filed must include a description of the property that is the subject of the seizure. Real property, including interests arising out of land sale contracts, may be seized only upon recording a notice of seizure containing a legal description of the property in the mortgage records of the county in which the real property is located. (6) Promptly upon seizure, the officer who seized the property shall make an inventory of the property seized and shall deliver a receipt embodying the inventory to the person from whose possession the property is taken or to the person in apparent control of the property at the time it is seized. If the property is unoccupied or there is no one present in apparent control, the officer shall leave the receipt suitably affixed to the property. If the property is physically removed from the location of seizure and it is unoccupied or there is no one present in apparent control, then the officer shall promptly file the receipt in the public records of the seizing agency. Every receipt prepared under this subsection shall contain, in addition to an inventory of the property seized, the following information: (a) The identity of the seizing agency; and (b) The address and telephone number of the office or other place where the person may obtain further information concerning the criminal forfeiture. (7) In the event that property is seized from the possession of a person who asserts a possessory lien over such property pursuant to applicable law, notwithstanding any other provision of law, any lien of the person from whom the property was seized remains in effect and is enforceable as fully as though the person had retained possession of the property. [2005 c.830 §5]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "To any person on account of obedience to the order or direction; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "For any costs incurred on account of any contamination of the delivered property. This includes, but is not limited to, any disposal costs for any property forfeited under ORS 131.558, any hazardous waste or material, any contraband or any other contamination contained in property seized under this section.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In addition to seizures authorized by ORS 133.535, a police officer may seize property without a court order if the police officer has probable cause to believe that the property is subject to criminal forfeiture.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the person having control or custody of the property shall deliver the same over to the police officer.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(a) A police officer may seize property pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Application may be made to any judge as defined in ORS 133.525. The application must be supported by one or more affidavits setting forth the facts and circumstances tending to show where the objects of the seizure are to be found. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to criminal forfeiture. The order may be set out on the face of a search warrant.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the order shall direct any person having control or custody of the property to deliver the same over to the seizing agency or to the court to abide judgment.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Property may be constructively seized by posting notice of seizure for criminal forfeiture on it or by filing notice of seizure for criminal forfeiture or notice of pending criminal forfeiture in the public records that impart constructive notice of matters relating to such property. A notice that is filed must include a description of the property that is the subject of the seizure. Real property, including interests arising out of land sale contracts, may be seized only upon recording a notice of seizure containing a legal description of the property in the mortgage records of the county in which the real property is located.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Promptly upon seizure, the officer who seized the property shall make an inventory of the property seized and shall deliver a receipt embodying the inventory to the person from whose possession the property is taken or to the person in apparent control of the property at the time it is seized. If the property is unoccupied or there is no one present in apparent control, the officer shall leave the receipt suitably affixed to the property. If the property is physically removed from the location of seizure and it is unoccupied or there is no one present in apparent control, then the officer shall promptly file the receipt in the public records of the seizing agency. Every receipt prepared under this subsection shall contain, in addition to an inventory of the property seized, the following information:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The identity of the seizing agency; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The address and telephone number of the office or other place where the person may obtain further information concerning the criminal forfeiture.", "subsections": []}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "In the event that property is seized from the possession of a person who asserts a possessory lien over such property pursuant to applicable law, notwithstanding any other provision of law, any lien of the person from whom the property was seized remains in effect and is enforceable as fully as though the person had retained possession of the property. [2005 c.830 §5]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.564", "name": ".", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.564", "sectionName": ".", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.564", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "(b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (4).", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section must be deposited in the Criminal Justice Revolving Account in the State Treasury. (b) Any amount paid to or retained by the Department of State Police under subsection (1) of this section must be deposited in the State Police Account. (3) The state may", "section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement. (5) The property distributed under subsection (1)(c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows", "section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection"], "ors_citations": ["131.588", "475.495", "430.422", "131.591"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "(b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (4). (c) Of the property remaining after costs have been paid under paragraph (a) of this subsection and distributions have been made under paragraph (b) of this subsection, the seizing agency shall distribute: (A) Three percent to the Asset Forfeiture Oversight Account established in ORS 131A.460; (B) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495 (5) and (6); (C) Ten percent to the state General Fund; (D) Subject to subsection (5) of this section, 40 percent to the Department of State Police or the Department of Justice for official law enforcement use; and (E) Forty percent to the Drug Prevention and Education Fund established in ORS 430.422. (2)(a) Any amount paid to or retained by the Department of Justice under subsection (1) of this section must be deposited in the Criminal Justice Revolving Account in the State Treasury. (b) Any amount paid to or retained by the Department of State Police under subsection (1) of this section must be deposited in the State Police Account. (3) The state may: (a) With written authorization from the district attorney for the jurisdiction in which the property was seized, destroy any firearms or controlled substances. (b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property. (c) Retain any vehicles, firearms or other equipment usable for law enforcement purposes, for official law enforcement use directly by the state. (d) Lend or transfer any vehicles, firearms or other equipment usable for law enforcement purposes to any federal, state or local law enforcement agency or district attorney for official law enforcement use directly by the transferee entity. (4) When the state has entered into an intergovernmental agreement with one or more political subdivisions under ORS 131.591, or when a law enforcement agency of this state has entered into an agreement with another law enforcement agency of this state, an equitable portion of the forfeited property distributed under subsection (1)(c)(D) of this section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement. (5) The property distributed under subsection (1)(c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows: (a) When no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, or when the Department of Justice has entered into an agreement under subsection (4) of this section, the property must be deposited in the Criminal Justice Revolving Account. (b) When no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, or when the Department of State Police has entered into an agreement under subsection (4) of this section, the property must be deposited in the State Police Account. (6) The seizing agency may sell as much property as may be needed to make the distributions required by subsection (1) of this section. The seizing agency shall make distributions to the Asset Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are required by subsection (1) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection. [2005 c.830 §17; 2009 c.78 §55]", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": ". When the state has entered into an intergovernmental agreement with one or more political subdivisions under ORS 131.591, or when a law enforcement agency of this state has entered into an agreement with another law enforcement agency of this state, an equitable portion of the forfeited property distributed under subsection of this section, the property must be deposited in the Criminal Justice Revolving Account. of this section, the property must be deposited in the State Police Account.", "subsections": [{"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Of the property remaining after costs have been paid under paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection and distributions have been made under paragraph", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "of this subsection, the seizing agency shall distribute: When no law enforcement agency other than the Department of State Police participated in the seizure or forfeiture, or when the Department of State Police has entered into an agreement under subsection", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Three percent to the Asset Forfeiture Oversight Account established in ORS 131A.460;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495", "subsections": []}]}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "and of this section, 40 percent to the Department of State Police or the Department of Justice for official law enforcement use; and The property distributed under subsection", "subsections": [{"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "Forty percent to the Drug Prevention and Education Fund established in ORS 430.422.", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "; The seizing agency may sell as much property as may be needed to make the distributions required by subsection", "subsections": [{"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Ten percent to the state General Fund;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Subject to subsection", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) Any amount paid to or retained by the Department of Justice under subsection", "subsections": []}, {"label": "(1)", "token": "1", "kind": "numeric", "text": "of this section must be deposited in the Criminal Justice Revolving Account in the State Treasury. of this section must be deposited in the State Police Account. (c)(D) of this section must be distributed to each agency participating in the seizure or criminal forfeiture as provided by the agreement. (c)(D) of this section, including any proceeds received by the state under an intergovernmental agreement or under an agreement between state law enforcement agencies, must be divided as follows: of this section. The seizing agency shall make distributions to the Asset Forfeiture Oversight Account and the Illegal Drug Cleanup Fund that are required by subsection of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection. [2005 c.830 §17; 2009 c.78 §55]", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any amount paid to or retained by the Department of State Police under subsection", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "When no law enforcement agency other than the Department of Justice participated in the seizure or forfeiture, or when the Department of Justice has entered into an agreement under subsection", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The state may:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "With written authorization from the district attorney for the jurisdiction in which the property was seized, destroy any firearms or controlled substances.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Retain any vehicles, firearms or other equipment usable for law enforcement purposes, for official law enforcement use directly by the state.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Lend or transfer any vehicles, firearms or other equipment usable for law enforcement purposes to any federal, state or local law enforcement agency or district attorney for official law enforcement use directly by the transferee entity.", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.566", "name": "Motor", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.566", "sectionName": "Motor", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.566", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "vehicle with hidden compartment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.594", "131.597"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "vehicle with hidden compartment. (1) When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency: (a) Retains the motor vehicle for law enforcement purposes; or (b) Determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle. (2) Notwithstanding ORS 131.594 or 131.597, if the motor vehicle with a hidden compartment is forfeited and the seizing agency: (a) Retains the motor vehicle for law enforcement purposes, the agency shall deduct the cost of disabling the hidden compartment from the value of the motor vehicle before making the distribution described in ORS 131.594 or 131.597. (b) Does not retain the motor vehicle for law enforcement purposes and determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle, the agency shall sell the motor vehicle for scrap or salvage and distribute the proceeds of the sale according to ORS 131.594 or 131.597. The seizing agency shall ensure that the person to whom the motor vehicle is sold disables the hidden compartment or the motor vehicle. (3) If a motor vehicle with a hidden compartment is forfeited and the seizing agency sells the motor vehicle, the agency shall deduct the cost of disabling the hidden compartment from the proceeds of the sale under ORS 131.594 (1)(a) or 131.597 (1)(a). [2009 c.874 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency: (a) or 131.597 (a). [2009 c.874 §2]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Retains the motor vehicle for law enforcement purposes; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Notwithstanding ORS 131.594 or 131.597, if the motor vehicle with a hidden compartment is forfeited and the seizing agency:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Retains the motor vehicle for law enforcement purposes, the agency shall deduct the cost of disabling the hidden compartment from the value of the motor vehicle before making the distribution described in ORS 131.594 or 131.597.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Does not retain the motor vehicle for law enforcement purposes and determines that the cost of disabling the hidden compartment exceeds the value of the motor vehicle, the agency shall sell the motor vehicle for scrap or salvage and distribute the proceeds of the sale according to ORS 131.594 or 131.597. The seizing agency shall ensure that the person to whom the motor vehicle is sold disables the hidden compartment or the motor vehicle.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If a motor vehicle with a hidden compartment is forfeited and the seizing agency sells the motor vehicle, the agency shall deduct the cost of disabling the hidden compartment from the proceeds of the sale under ORS 131.594", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.567", "name": ", the undersigned states:", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.567", "sectionName": ", the undersigned states:", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.567", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "That I, _______________ do declare that it is my intent to initiate criminal forfeiture proceedings on the following described real property: 1. The description of the real property to be affected is: ________________________ ________________________ ________________________ ________________________ ________________________ 2. The common address of the property, if any, is: ________________________ ________________________ ________________________ Dated this ___ day of ________, ___. This notice of intent to file forfeiture will expire on the ___ day of ________, ___, absent future filings. Na", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "That I, _______________ do declare that it is my intent to initiate criminal forfeiture proceedings on the following described real property: 1. The description of the real property to be affected is: ________________________ ________________________ ________________________ ________________________ ________________________ 2. The common address of the property, if any, is: ________________________ ________________________ ________________________ Dated this ___ day of ________, ___. This notice of intent to file forfeiture will expire on the ___ day of ________, ___, absent future filings. Name of agency seeking forfeiture ________________________ Name of Forfeiture Counsel ________________________ Address ________________________ ________________________ ________________________ Telephone Number ________________________ State of Oregon ) ) ss. County of _____ ) The foregoing instrument was acknowledged before me this ___ day of ________, ___. _______________ Notary Public for Oregon My commission expires ________. ______________________________________________________________________________ (3) The notice of intent to forfeit property expires 30 days after the date of filing absent future filings to perfect. [2005 c.830 §7]", "subsections": [{"label": "(3)", "token": "3", "kind": "numeric", "text": "The notice of intent to forfeit property expires 30 days after the date of filing absent future filings to perfect. [2005 c.830 §7]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.570", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.570", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.570", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of seizure for forfeiture; service on persons other than defendant; publication of notice.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may not be granted. The claim must be signed by the claimant under penalty of perjury and must set forth all of the following"], "ors_citations": ["131.561", "131.579"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of seizure for forfeiture; service on persons other than defendant; publication of notice. (1) As soon as practicable after seizure for criminal forfeiture, the seizing agency shall review the inventory prepared by the police officer under ORS 131.561. Within 30 days after seizure for criminal forfeiture, the forfeiture counsel shall file a criminal information or an indictment alleging facts sufficient to establish that the property is subject to criminal forfeiture. Within 30 days after seizure for criminal forfeiture, the seizing agency or forfeiture counsel shall prepare a notice of seizure for criminal forfeiture containing a copy of the inventory prepared pursuant to ORS 131.561, the identity of the person from whom the property was seized, the name, address and telephone number of the seizing agency and the address and telephone number of the office or other place where further information concerning the seizure and criminal forfeiture may be obtained, and shall make reasonable efforts to serve the notice of seizure for criminal forfeiture on all persons, other than the defendant, known to have an interest in the seized property. A person may be served as provided in ORCP 7 D except that the notice must also include information regarding the right to file a claim under subsection (2) of this section, if applicable, and the deadline for filing the claim. If the property is cash in the amount of $1,000 or less or if the fair market value of the property is $1,000 or less, the seizing agency may publish notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). In all other cases, the seizing agency shall publish notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). The seizing agency shall provide a copy of the notice, inventory and estimate of value to the forfeiture counsel. (2) Except as otherwise provided in ORS 131.579 (1) to (3), if notice of seizure for criminal forfeiture: (a) Is given in a manner other than by publication, any person, other than the defendant, claiming an interest in the property must file a claim with the forfeiture counsel within 21 days after service of notice of seizure for criminal forfeiture. (b) Is published, any person, other than the defendant, claiming an interest in the property must file a claim with the forfeiture counsel within 21 days after the last publication date. (3) An extension for the filing of a claim under subsection (2) of this section may not be granted. The claim must be signed by the claimant under penalty of perjury and must set forth all of the following: (a) The true name of the claimant; (b) The address at which the claimant will accept future mailings from the court or the forfeiture counsel; and (c) A statement that the claimant has an interest in the seized property. (4) If a seizing agency publishes notice of seizure for criminal forfeiture in a newspaper in the manner provided by subsection (1) of this section, the agency may include in a single publication as many notices of criminal forfeiture as the agency considers convenient. The publication may contain a single statement of matters from the notices of criminal forfeiture that are common to all of the notices and that would otherwise result in needless repetition. The publication must contain for each notice of criminal forfeiture a separate copy of the inventory prepared pursuant to ORS 131.561, and a separate statement of the identity of the person from whose custody the property was seized. The published inventory need not contain estimates of value for the property seized. [2005 c.830 §8]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As soon as practicable after seizure for criminal forfeiture, the seizing agency shall review the inventory prepared by the police officer under ORS 131.561. Within 30 days after seizure for criminal forfeiture, the forfeiture counsel shall file a criminal information or an indictment alleging facts sufficient to establish that the property is subject to criminal forfeiture. Within 30 days after seizure for criminal forfeiture, the seizing agency or forfeiture counsel shall prepare a notice of seizure for criminal forfeiture containing a copy of the inventory prepared pursuant to ORS 131.561, the identity of the person from whom the property was seized, the name, address and telephone number of the seizing agency and the address and telephone number of the office or other place where further information concerning the seizure and criminal forfeiture may be obtained, and shall make reasonable efforts to serve the notice of seizure for criminal forfeiture on all persons, other than the defendant, known to have an interest in the seized property. A person may be served as provided in ORCP 7 D except that the notice must also include information regarding the right to file a claim under subsection of this section, the agency may include in a single publication as many notices of criminal forfeiture as the agency considers convenient. The publication may contain a single statement of matters from the notices of criminal forfeiture that are common to all of the notices and that would otherwise result in needless repetition. The publication must contain for each notice of criminal forfeiture a separate copy of the inventory prepared pursuant to ORS 131.561, and a separate statement of the identity of the person from whose custody the property was seized. The published inventory need not contain estimates of value for the property seized. [2005 c.830 §8]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section, if applicable, and the deadline for filing the claim. If the property is cash in the amount of $1,000 or less or if the fair market value of the property is $1,000 or less, the seizing agency may publish notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). In all other cases, the seizing agency shall publish notice of seizure for criminal forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to D(6)(d). The seizing agency shall provide a copy of the notice, inventory and estimate of value to the forfeiture counsel. Except as otherwise provided in ORS 131.579 of this section may not be granted. The claim must be signed by the claimant under penalty of perjury and must set forth all of the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The true name of the claimant;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The address at which the claimant will accept future mailings from the court or the forfeiture counsel; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A statement that the claimant has an interest in the seized property.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": ", if notice of seizure for criminal forfeiture: An extension for the filing of a claim under subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Is given in a manner other than by publication, any person, other than the defendant, claiming an interest in the property must file a claim with the forfeiture counsel within 21 days after service of notice of seizure for criminal forfeiture.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Is published, any person, other than the defendant, claiming an interest in the property must file a claim with the forfeiture counsel within 21 days after the last publication date.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If a seizing agency publishes notice of seizure for criminal forfeiture in a newspaper in the manner provided by subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.573", "name": "ORS 131.573", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.573", "sectionName": "ORS 131.573", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.573", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Petition for expedited hearing.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall serve a copy of the petition on all persons known to have an interest. Service must be accomplished as provided in ORCP 7 D. Service by publication is not required prior to an expedited hearing. (4) The court shall hold a hearing within 15 days after service of all persons known to have an interest or at such later time as the court may allow for good cause shown. The hearing is limited to"], "ors_citations": ["131.550", "131.600", "131.582"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Petition for expedited hearing. (1) A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cause shown. (2) A petition for an expedited hearing must contain a claim if no claim has previously been filed. The petition must reflect whether the petitioner seeks one or more of the following: (a) A determination at the hearing that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct. (b) An order restoring custody of seized property to the petitioner during the pendency of the proceedings if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding. (c) Appointment of a receiver. (3) A person filing a petition under this section shall serve a copy of the petition on all persons known to have an interest. Service must be accomplished as provided in ORCP 7 D. Service by publication is not required prior to an expedited hearing. (4) The court shall hold a hearing within 15 days after service of all persons known to have an interest or at such later time as the court may allow for good cause shown. The hearing is limited to: (a) Deciding whether the petitioner can prove that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct; (b) Determining whether an order should be entered directing the return of the seized property to the claimant during the pendency of the hearing; and (c) Determining whether an order should be entered directing the appointment of a receiver to manage property seized pursuant to ORS 131.550 to 131.600 pending a final determination as to the disposition of the property, if the petitioner or the seizing agency requests that order. (5) The parties to a proceeding under ORS 131.582 may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order must comply with the requirements of ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cause shown.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A petition for an expedited hearing must contain a claim if no claim has previously been filed. The petition must reflect whether the petitioner seeks one or more of the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A determination at the hearing that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An order restoring custody of seized property to the petitioner during the pendency of the proceedings if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Appointment of a receiver.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A person filing a petition under this section shall serve a copy of the petition on all persons known to have an interest. Service must be accomplished as provided in ORCP 7 D. Service by publication is not required prior to an expedited hearing.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The court shall hold a hearing within 15 days after service of all persons known to have an interest or at such later time as the court may allow for good cause shown. The hearing is limited to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Deciding whether the petitioner can prove that the petitioner is a bona fide purchaser for value and did not acquiesce in the prohibited conduct;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Determining whether an order should be entered directing the return of the seized property to the claimant during the pendency of the hearing; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Determining whether an order should be entered directing the appointment of a receiver to manage property seized pursuant to ORS 131.550 to 131.600 pending a final determination as to the disposition of the property, if the petitioner or the seizing agency requests that order.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The parties to a proceeding under ORS 131.582 may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order must comply with the requirements of ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.576", "name": "Order", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.576", "sectionName": "Order", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.576", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "restoring custody of property after expedited hearing.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.573", "131.582"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "restoring custody of property after expedited hearing. (1) An order restoring custody to a petitioner under ORS 131.573 shall: (a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct; (b) Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and (c) Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture. (2) An order restoring custody to a petitioner under ORS 131.573 may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property. (3) An order restoring custody to a petitioner under ORS 131.573 is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 §10]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "An order restoring custody to a petitioner under ORS 131.573 shall:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "An order restoring custody to a petitioner under ORS 131.573 may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "An order restoring custody to a petitioner under ORS 131.573 is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 §10]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.579", "name": "ORS 131.579", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.579", "sectionName": "ORS 131.579", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.579", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Affidavit in response to notice of seizure for forfeiture.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section must be filed within 30 days from the date of service under ORS 131.570. Failure to file an affidavit as set forth in subsection (2) of this section constitutes a default. (4) In response to an affidavit filed under subsection (2) of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection (2) of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 to 131.600. (5) If the seizing agency files an affidavit under subsection (4) of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS"], "ors_citations": ["131.550", "131.600", "131.570", "93.905"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Affidavit in response to notice of seizure for forfeiture. (1)(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquired: (A) In the regular course of business as a financial institution; (B) For valuable consideration; (C) Without knowledge of the prohibited conduct; (D) In good faith and without intent to defeat the interest of any potential seizing agency; and (E) With respect to personal property, prior to the seizure of the property, or with respect to real property, recorded prior to the recording of notice of the seizure of the real property in the mortgage records of the county in which the real property is located. (b) Failure to file an affidavit constitutes a default. The affidavit must be filed within 30 days from the date of service under ORS 131.570. (2) Notwithstanding the provisions of subsection (1) of this section, any person, other than a financial institution, who transfers or conveys an interest in real property pursuant to a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 and who retains an interest in the real property, or any successor in interest, may respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the person: (a) Received the interest in return for valuable consideration or by way of devise or intestate succession; (b) Had no knowledge at the time of transfer or conveyance of the prohibited conduct; (c) Acted in good faith and without intent to defeat the interest of any potential seizing agency; (d) Recorded the interest in the mortgage records of the county in which the real property is located prior to the recording of any notice of intent to seize or notice of seizure; and (e) Continued to hold the interest without acquiescing in the prohibited conduct. (3) The affidavit permitted by subsection (2) of this section must be filed within 30 days from the date of service under ORS 131.570. Failure to file an affidavit as set forth in subsection (2) of this section constitutes a default. (4) In response to an affidavit filed under subsection (2) of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection (2) of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 to 131.600. (5) If the seizing agency files an affidavit under subsection (4) of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquired: of this section, any person, other than a financial institution, who transfers or conveys an interest in real property pursuant to a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 and who retains an interest in the real property, or any successor in interest, may respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the person:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "In the regular course of business as a financial institution;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "For valuable consideration;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Without knowledge of the prohibited conduct;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "In good faith and without intent to defeat the interest of any potential seizing agency; and", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "With respect to personal property, prior to the seizure of the property, or with respect to real property, recorded prior to the recording of notice of the seizure of the real property in the mortgage records of the county in which the real property is located.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Failure to file an affidavit constitutes a default. The affidavit must be filed within 30 days from the date of service under ORS 131.570. Had no knowledge at the time of transfer or conveyance of the prohibited conduct;", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Received the interest in return for valuable consideration or by way of devise or intestate succession;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Acted in good faith and without intent to defeat the interest of any potential seizing agency;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Recorded the interest in the mortgage records of the county in which the real property is located prior to the recording of any notice of intent to seize or notice of seizure; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Continued to hold the interest without acquiescing in the prohibited conduct.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Notwithstanding the provisions of subsection of this section must be filed within 30 days from the date of service under ORS 131.570. Failure to file an affidavit as set forth in subsection of this section constitutes a default. of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 to 131.600.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The affidavit permitted by subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "In response to an affidavit filed under subsection of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "If the seizing agency files an affidavit under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.582", "name": "ORS 131.582", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.582", "sectionName": "ORS 131.582", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.582", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section wishes to assert the person", "section was mailed. The person must allege facts in an affidavit filed under this subsection that if true would prove that the person took the property or the interest that the person holds in the property", "section and the forfeiture counsel", "section but the seizing agency filed an affidavit under ORS 131.579 (4), the forfeiture counsel shall request a hearing with the trial court no later than 21 days after the last date for receiving affidavits under subsection (9) of this section. (11)(a) A hearing pursuant to subsection (10) of this section is an ancillary proceeding and the Oregon Rules of Civil Procedure apply. At the hearing", "section and the property continues to be subject to the court"], "ors_citations": ["132.510", "132.540", "132.550", "132.557", "132.560", "132.580", "131.570", "131.579", "131.588", "19.255"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants. (1) If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and must comply with ORS 132.510, 132.540, 132.550, 132.557, 132.560 and 132.580. (2) If the grand jury returns an indictment for criminal forfeiture, the defendant may admit or deny that the property is subject to criminal forfeiture. If the defendant fails to admit or deny that the property is subject to forfeiture, the court shall enter a denial on behalf of the defendant. (3) When the underlying criminal conduct is a Class A misdemeanor, a city or county attorney may prosecute a criminal forfeiture by filing an information in the municipal or justice court. (4) A criminal forfeiture proceeding and the underlying criminal case must be tried in the same proceeding. (5) The criminal procedure laws of this state apply to criminal forfeiture proceedings. (6) The court shall enter a judgment of criminal forfeiture if the forfeiture counsel proves beyond a reasonable doubt that the property for which forfeiture is sought is an instrumentality or the proceeds of the crime of conviction or past prohibited conduct that is similar to the crime of conviction. (7) Forfeiture counsel may move the court at any time for an order finding that the defendant is a fugitive and in default. The court may enter an order finding the defendant in default under this subsection and enter a judgment of criminal forfeiture if the court finds that the defendant is not confined or held in custody by another jurisdiction, and that the defendant, after notice or knowledge of the fact that a warrant has been issued for the defendant: (a) Purposely left the state to avoid prosecution; (b) Declines to return to the state and allow execution of the warrant; or (c) Otherwise evades the jurisdiction of the court issuing the warrant. (8) No later than 21 days after the entry of a judgment of criminal forfeiture under this section, the forfeiture counsel shall notify by mail all persons who filed claims under ORS 131.570 or affidavits under ORS 131.579 of the judgment of criminal forfeiture. The notice must inform the person of the requirements of subsection (9) of this section. (9) If a person who receives notice under subsection (8) of this section wishes to assert the person’s interest in the property but was not eligible to file an affidavit under ORS 131.579, the person must file an affidavit with the trial court, and must serve the forfeiture counsel with a copy of the affidavit, no later than 21 days after the date the notice required by subsection (8) of this section was mailed. The person must allege facts in an affidavit filed under this subsection that if true would prove that the person took the property or the interest that the person holds in the property: (a)(A) Before it was seized for criminal forfeiture; and (B) In good faith and without intent to defeat the interest of any seizing agency; or (b) As a bona fide purchaser for value without acquiescing in the prohibited conduct. (10)(a) If an affidavit is timely filed under subsection (9) of this section and the forfeiture counsel: (A) Does not contest the affidavit, the forfeiture counsel shall submit a form of judgment to the court for entry under ORS 131.588. (B) Does contest the affidavit, the forfeiture counsel shall request a hearing with the trial court no later than 21 days after receiving the affidavit. (b) If no affidavit is filed under subsection (9) of this section but the seizing agency filed an affidavit under ORS 131.579 (4), the forfeiture counsel shall request a hearing with the trial court no later than 21 days after the last date for receiving affidavits under subsection (9) of this section. (11)(a) A hearing pursuant to subsection (10) of this section is an ancillary proceeding and the Oregon Rules of Civil Procedure apply. At the hearing: (A) Forfeiture counsel has the burden of proving by a preponderance of the evidence that the person claiming an interest in the property: (i) Took the property with the intent to defeat the interest of a seizing agency; or (ii) Is not a bona fide purchaser for value or acquiesced in the prohibited conduct. (B) Forfeiture counsel may present evidence and witnesses and cross-examine witnesses who appear at the hearing. (C) The person claiming an interest in the property may testify, present evidence and witnesses and cross-examine witnesses who appear at the hearing. (b) In addition to testimony and evidence presented at the hearing, the court shall consider relevant portions of the record of the criminal case that resulted in the judgment of criminal forfeiture. (c) The court shall amend the judgment of criminal forfeiture in accordance with its determination if, after the hearing, the court determines that the claimant: (A) Did take the property before it was seized for criminal forfeiture and in good faith and without intent to defeat the interest of the seizing agency; or (B) Is a bona fide purchaser for value of the right, title or interest in the property and did not acquiesce in the prohibited conduct. (d) Notwithstanding ORS 19.255 (1), a person may file a notice of appeal within 30 days after entry in the register of an order disposing of the matters at issue in the ancillary proceeding. An appeal under this paragraph is governed by the provisions of ORS chapter 19 relating to appeals in civil actions. (12) When a court enters a judgment of criminal forfeiture under this section, the jurisdiction of the court continues for purposes of subsection (11) of this section and the property continues to be subject to the court’s jurisdiction. [2005 c.830 §12]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and must comply with ORS 132.510, 132.540, 132.550, 132.557, 132.560 and 132.580. , a person may file a notice of appeal within 30 days after entry in the register of an order disposing of the matters at issue in the ancillary proceeding. An appeal under this paragraph is governed by the provisions of ORS chapter 19 relating to appeals in civil actions.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the grand jury returns an indictment for criminal forfeiture, the defendant may admit or deny that the property is subject to criminal forfeiture. If the defendant fails to admit or deny that the property is subject to forfeiture, the court shall enter a denial on behalf of the defendant.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "When the underlying criminal conduct is a Class A misdemeanor, a city or county attorney may prosecute a criminal forfeiture by filing an information in the municipal or justice court.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A criminal forfeiture proceeding and the underlying criminal case must be tried in the same proceeding. , the forfeiture counsel shall request a hearing with the trial court no later than 21 days after the last date for receiving affidavits under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The criminal procedure laws of this state apply to criminal forfeiture proceedings.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The court shall enter a judgment of criminal forfeiture if the forfeiture counsel proves beyond a reasonable doubt that the property for which forfeiture is sought is an instrumentality or the proceeds of the crime of conviction or past prohibited conduct that is similar to the crime of conviction.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "Forfeiture counsel may move the court at any time for an order finding that the defendant is a fugitive and in default. The court may enter an order finding the defendant in default under this subsection and enter a judgment of criminal forfeiture if the court finds that the defendant is not confined or held in custody by another jurisdiction, and that the defendant, after notice or knowledge of the fact that a warrant has been issued for the defendant:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Purposely left the state to avoid prosecution;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Declines to return to the state and allow execution of the warrant; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Otherwise evades the jurisdiction of the court issuing the warrant.", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "No later than 21 days after the entry of a judgment of criminal forfeiture under this section, the forfeiture counsel shall notify by mail all persons who filed claims under ORS 131.570 or affidavits under ORS 131.579 of the judgment of criminal forfeiture. The notice must inform the person of the requirements of subsection of this section wishes to assert the person’s interest in the property but was not eligible to file an affidavit under ORS 131.579, the person must file an affidavit with the trial court, and must serve the forfeiture counsel with a copy of the affidavit, no later than 21 days after the date the notice required by subsection of this section was mailed. The person must allege facts in an affidavit filed under this subsection that if true would prove that the person took the property or the interest that the person holds in the property:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "(A) Before it was seized for criminal forfeiture; and", "subsections": [{"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "In good faith and without intent to defeat the interest of any seizing agency; or", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "As a bona fide purchaser for value without acquiescing in the prohibited conduct.", "subsections": []}]}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "of this section. If a person who receives notice under subsection of this section and the forfeiture counsel: of this section but the seizing agency filed an affidavit under ORS 131.579", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Does not contest the affidavit, the forfeiture counsel shall submit a form of judgment to the court for entry under ORS 131.588.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Does contest the affidavit, the forfeiture counsel shall request a hearing with the trial court no later than 21 days after receiving the affidavit.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If no affidavit is filed under subsection", "subsections": []}]}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "(a) If an affidavit is timely filed under subsection of this section is an ancillary proceeding and the Oregon Rules of Civil Procedure apply. At the hearing:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Forfeiture counsel has the burden of proving by a preponderance of the evidence that the person claiming an interest in the property:", "subsections": [{"label": "(i)", "token": "i", "kind": "roman_lower", "text": "Took the property with the intent to defeat the interest of a seizing agency; or", "subsections": []}, {"label": "(ii)", "token": "ii", "kind": "roman_lower", "text": "Is not a bona fide purchaser for value or acquiesced in the prohibited conduct.", "subsections": []}]}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Forfeiture counsel may present evidence and witnesses and cross-examine witnesses who appear at the hearing.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The person claiming an interest in the property may testify, present evidence and witnesses and cross-examine witnesses who appear at the hearing.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "In addition to testimony and evidence presented at the hearing, the court shall consider relevant portions of the record of the criminal case that resulted in the judgment of criminal forfeiture.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The court shall amend the judgment of criminal forfeiture in accordance with its determination if, after the hearing, the court determines that the claimant:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Did take the property before it was seized for criminal forfeiture and in good faith and without intent to defeat the interest of the seizing agency; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Is a bona fide purchaser for value of the right, title or interest in the property and did not acquiesce in the prohibited conduct.", "subsections": []}]}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Notwithstanding ORS 19.255", "subsections": []}]}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "(a) A hearing pursuant to subsection of this section and the property continues to be subject to the court’s jurisdiction. [2005 c.830 §12]", "subsections": []}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "When a court enters a judgment of criminal forfeiture under this section, the jurisdiction of the court continues for purposes of subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.585", "name": "Extent", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.585", "sectionName": "Extent", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.585", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of judgment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of judgment. (1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction. (2) With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider: (a) Whether the property constitutes the defendant’s lawful livelihood or means of earning a living. (b) Whether the property is the defendant’s residence. (c) The degree of relationship between the property and the prohibited conduct, including the extent to which the property facilitated the prohibited conduct or could facilitate future prohibited conduct. (d) The monetary value of the property in relation to the risk of injury to the public from the prohibited conduct. (e) The monetary value of the property in relation to the actual injury to the public from the prohibited conduct. (f) The monetary value of the property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including: (A) The inherent gravity of the prohibited conduct; (B) The potential sentence for similar prohibited conduct under Oregon law; (C) The defendant’s prior criminal history; and (D) The sentence actually imposed on the defendant. (g) Any additional relevant evidence. [2005 c.830 §13]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "With respect to property that is an instrumentality of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction, the court shall consider:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Whether the property constitutes the defendant’s lawful livelihood or means of earning a living.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Whether the property is the defendant’s residence.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The degree of relationship between the property and the prohibited conduct, including the extent to which the property facilitated the prohibited conduct or could facilitate future prohibited conduct.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The monetary value of the property in relation to the risk of injury to the public from the prohibited conduct.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The monetary value of the property in relation to the actual injury to the public from the prohibited conduct.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "The monetary value of the property in relation to objective measures of the potential or actual criminal culpability of the person or persons engaging in the prohibited conduct, including:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The inherent gravity of the prohibited conduct;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The potential sentence for similar prohibited conduct under Oregon law;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The defendant’s prior criminal history; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The sentence actually imposed on the defendant.", "subsections": []}]}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Any additional relevant evidence. [2005 c.830 §13]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.588", "name": "ORS 131.588", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.588", "sectionName": "ORS 131.588", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.588", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Judgment of forfeiture; contents; effect.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.579", "87.152", "87.162", "131.594"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Judgment of forfeiture; contents; effect. (1) If no financial institution has filed the affidavit described in ORS 131.579 (1), and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that: (a) Title to the property passes to the seizing agency free of any interest or encumbrance thereon in favor of any person who has been given notice; (b) The seizing agency may transfer good and sufficient title to any subsequent purchaser or transferee, and all courts, the state and the departments and agencies of this state, and any political subdivision shall recognize the title. In the case of real property, the seizing agency shall warrant the title against constitutional defect. A warranty under this paragraph is limited to the purchase price of the real property; and (c) Any department, agency or officer of this state or any political subdivision whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a judgment of criminal forfeiture. (2) If an affidavit is filed by a financial institution under ORS 131.579 (1), or if a person files an affidavit under ORS 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 otherwise eliminated through a judgment of foreclosure, if and to the extent that they are valid and subsisting, remain in effect and the property remains subject to them upon completion of the criminal forfeiture proceeding. (3) Notwithstanding any other provision of law, if a financial institution or other person has filed an affidavit described in ORS 131.579, or if the court has upheld the claim of any claimant, then as to each item of property seized: (a) If the court has determined that the property should not be forfeited and has not foreclosed the security interests, liens or other interests covering the property, the court shall render judgment in favor of the owner of the property, the property must be returned to the owner and all security interests, liens and other interests applicable to the property remain in effect as though the property had never been seized. 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. 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. (b) If the court has determined that the property should not be forfeited and has foreclosed one or more interests covering the property, including security interests or liens covering the property or contracts for the transfer or conveyance of the property, 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, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court within such time as may be prescribed by the court following entry of the judgment. If any interests covering the property 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 131.579, the property must be sold subject to those interests. The judgment shall order the proceeds of the sale applied in the following order: (A) To the payment of the costs of the sale; (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment; (C) To the satisfaction of the foreclosed liens, security interests and contracts in order of their priority; and (D) The excess, if any, to the owner of the property. (c) If the court has determined that the property should be forfeited and has foreclosed one or more security interests, liens, contracts or other interests covering the property, 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, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court. If any interest in the property was claimed by a financial institution or other claimant and the interest was upheld but not foreclosed, the property must be sold subject to the interest. The sale of the property must be held within such time as may be prescribed by the court following entry of the judgment. The judgment shall also order the proceeds of such sale applied in the following order: (A) To the payment of the costs of the sale; (B) If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment; (C) To the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority; and (D) The excess, if any, to the seizing agency to be disposed of as provided in ORS 131.594 or", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If no financial institution has filed the affidavit described in ORS 131.579 , and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that: , or if a person files an affidavit under ORS 131.579", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Title to the property passes to the seizing agency free of any interest or encumbrance thereon in favor of any person who has been given notice;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The seizing agency may transfer good and sufficient title to any subsequent purchaser or transferee, and all courts, the state and the departments and agencies of this state, and any political subdivision shall recognize the title. In the case of real property, the seizing agency shall warrant the title against constitutional defect. A warranty under this paragraph is limited to the purchase price of the real property; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Any department, agency or officer of this state or any political subdivision whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a judgment of criminal forfeiture.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If an affidavit is filed by a financial institution under ORS 131.579 :", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "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", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "All other interests applicable to the property that are not foreclosed or otherwise eliminated through a judgment of foreclosure, if and to the extent that they are valid and subsisting, remain in effect and the property remains subject to them upon completion of the criminal forfeiture proceeding.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Notwithstanding any other provision of law, if a financial institution or other person has filed an affidavit described in ORS 131.579, or if the court has upheld the claim of any claimant, then as to each item of property seized:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If the court has determined that the property should not be forfeited and has not foreclosed the security interests, liens or other interests covering the property, the court shall render judgment in favor of the owner of the property, the property must be returned to the owner and all security interests, liens and other interests applicable to the property remain in effect as though the property had never been seized. 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. 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.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the court has determined that the property should not be forfeited and has foreclosed one or more interests covering the property, including security interests or liens covering the property or contracts for the transfer or conveyance of the property, 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, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court within such time as may be prescribed by the court following entry of the judgment. If any interests covering the property 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 131.579, the property must be sold subject to those interests. The judgment shall order the proceeds of the sale applied in the following order:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "To the payment of the costs of the sale;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "To the satisfaction of the foreclosed liens, security interests and contracts in order of their priority; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The excess, if any, to the owner of the property.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the court has determined that the property should be forfeited and has foreclosed one or more security interests, liens, contracts or other interests covering the property, 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, and the court shall order the property sold pursuant to a sheriff’s sale or other sale authorized by the court. If any interest in the property was claimed by a financial institution or other claimant and the interest was upheld but not foreclosed, the property must be sold subject to the interest. The sale of the property must be held within such time as may be prescribed by the court following entry of the judgment. The judgment shall also order the proceeds of such sale applied in the following order:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "To the payment of the costs of the sale;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "If the property is a motor vehicle with a hidden compartment, to reimburse the seizing agency for the cost of disabling the hidden compartment;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "To the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The excess, if any, to the seizing agency to be disposed of as provided in ORS 131.594 or", "subsections": []}]}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.591", "name": "ORS 131.591", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.591", "sectionName": "ORS 131.591", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.591", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Equitable distribution of property or proceeds;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.550", "131.600"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Equitable distribution of property or proceeds; intergovernmental agreements. Distribution of property or proceeds in accordance with ORS 131.550 to 131.600 must be made equitably and may be made pursuant to intergovernmental agreement under ORS chapter 190. Intergovernmental agreements providing for such distributions and in effect on September 2, 2005, remain valid unless changed by the parties. The equitable distribution of proceeds targeted for law enforcement must involve sharing the proceeds between the seizing agency and forfeiture counsel. [2005 c.830 §15]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.594", "name": "ORS 131.594", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.594", "sectionName": "ORS 131.594", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.594", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Disposition and distribution of forfeited property when seizing agency not the state.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.588"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Disposition and distribution of forfeited property when seizing agency not the state. (1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows: (a) The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, service of notices, towing, storage and servicing or maintaining the seized property under ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, service of notices, towing, storage and servicing or maintaining the seized property under ORS", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.597", "name": ".", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.597", "sectionName": ".", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.597", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "(d) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, 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.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["87.152", "87.162", "131.579"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "(d) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, 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 enter a judgment awarding the property to the seizing agency, subject to the interests of any claimants whose claims or affidavits were upheld by the court, and subject to the interests of any financial institutions that filed affidavits under ORS 131.579 (1), that remain in full force and effect. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment. (4) Upon motion of the state, the court may include in the judgment of criminal forfeiture an order that directs the seizing agency to distribute to the victim of the crime of conviction a portion of any proceeds from property received by the seizing agency if the court included an order of restitution in the criminal judgment. (5) The seizing agency is not liable to any person as a consequence of obedience to a judgment directing conveyance to a financial institution. (6)(a) On entry of judgment for a claimant in any proceeding to forfeit property under ORS", "subsections": [{"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, 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 enter a judgment awarding the property to the seizing agency, subject to the interests of any claimants whose claims or affidavits were upheld by the court, and subject to the interests of any financial institutions that filed affidavits under ORS 131.579", "subsections": []}, {"label": "(1)", "token": "1", "kind": "numeric", "text": ", that remain in full force and effect. If the property is a motor vehicle with a hidden compartment, the interests of any claimants or financial institutions shall be reduced on a pro rata basis by the cost of disabling the hidden compartment.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Upon motion of the state, the court may include in the judgment of criminal forfeiture an order that directs the seizing agency to distribute to the victim of the crime of conviction a portion of any proceeds from property received by the seizing agency if the court included an order of restitution in the criminal judgment.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The seizing agency is not liable to any person as a consequence of obedience to a judgment directing conveyance to a financial institution.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "(a) On entry of judgment for a claimant in any proceeding to forfeit property under ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.600", "name": "Record", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.600", "sectionName": "Record", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.600", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "keeping and reporting requirements.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["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"], "ors_citations": ["131.550", "131.600", "131.588", "131.594"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "keeping and reporting requirements. (1) A seizing agency and any agency that receives forfeited property or proceeds from the sale of forfeited property under ORS 131.550 to 131.600 shall maintain written documentation of each sale, decision to retain, transfer or other disposition of forfeited property. (2)(a) As soon as practicable following the seizure of property for criminal 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 entry of judgment under ORS 131.588, 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) Political subdivisions of this state that receive forfeiture proceeds under ORS 131.594 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 political subdivision 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. [2005 c.830 §18; 2011 c.504 §1; 2013 c.9 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A seizing agency and any agency that receives forfeited property or proceeds from the sale of forfeited property under ORS 131.550 to 131.600 shall maintain written documentation of each sale, decision to retain, transfer or other disposition of forfeited property.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) As soon as practicable following the seizure of property for criminal 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. of this section.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "As soon as practicable following entry of judgment under ORS 131.588, 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.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "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", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Political subdivisions of this state that receive forfeiture proceeds under ORS 131.594 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 political subdivision have been or will be used.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The committee shall develop and make available electronic forms for the purposes of the reports described in this section. [2005 c.830 §18; 2011 c.504 §1; 2013 c.9 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.602", "name": "ORS 131.602", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.602", "sectionName": "ORS 131.602", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.602", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Prohibited conduct for purposes of instrumentalities of crime. The crimes to which ORS 131.550", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor"], "ors_citations": ["131.550", "162.015", "162.025", "162.117", "162.265", "162.275", "162.355", "162.415", "163.193", "163.245", "163.257", "163.537", "163.670", "163.684", "163.686", "163.687", "163.688", "163.689", "164.045", "164.055", "164.057", "164.075", "164.085", "164.095", "164.125", "164.135", "164.162", "164.170", "164.172", "164.215", "164.225", "164.235", "164.272", "164.315", "164.325", "164.377", "164.395", "164.405", "164.415", "164.868", "164.869", "164.872", "164.886", "164.885", "164.887", "165.007", "165.013", "165.017", "165.022", "165.032", "165.037", "165.042", "165.055", "165.065", "165.070", "165.074", "165.080", "165.085", "165.090", "165.095", "165.100", "165.102", "165.543", "165.577", "165.579", "165.581", "165.800", "166.190", "166.220", "166.240", "166.250", "166.270", "166.272", "166.275", "166.350", "166.370", "166.382", "166.384", "166.385", "166.410", "166.416", "166.418", "166.425", "166.429", "166.470", "166.480", "166.635", "166.638", "166.660", "166.720", "167.007", "167.008", "167.012", "167.017", "167.075", "167.122", "167.127", "167.132", "167.137", "167.147", "167.164", "167.167", "167.212", "167.262", "167.312", "167.320", "167.322", "167.330", "167.352", "167.355", "167.365", "167.370", "167.385", "167.388", "167.390", "167.431", "471.410", "475.955", "475.960", "475.965", "475.912", "475.752", "475.914", "475.916", "475.906", "475.904", "807.430", "807.500", "807.510", "807.580", "807.590", "807.600", "811.182", "163.196", "813.010", "323.482", "323.632", "180.440", "180.486", "475.786", "475.894", "163.264", "163.263", "163.266", "167.057", "163.432", "163.433", "811.140"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Prohibited conduct for purposes of instrumentalities of crime. The crimes to which ORS 131.550 (12)(b) applies are: (1) Bribe giving, as defined in ORS 162.015. (2) Bribe receiving, as defined in ORS 162.025. (3) Public investment fraud, as defined in ORS 162.117. (4) Bribing a witness, as defined in ORS 162.265. (5) Bribe receiving by a witness, as defined in ORS 162.275. (6) Simulating legal process, as defined in ORS 162.355. (7) Official misconduct in the first degree, as defined in ORS 162.415. (8) Assisting another person to commit suicide, as defined in ORS 163.193. (9) Custodial interference in the second degree, as defined in ORS 163.245. (10) Custodial interference in the first degree, as defined in ORS 163.257. (11) Buying or selling a person under 18 years of age, as defined in ORS 163.537. (12) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670. (13) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684. (14) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686. (15) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687. (16) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688. (17) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689. (18) Theft in the second degree, as defined in ORS 164.045. (19) Theft in the first degree, as defined in ORS 164.055. (20) Aggravated theft in the first degree, as defined in ORS 164.057. (21) Extortion, as defined in ORS 164.075. (22) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor. (23) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor. (24) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor. (25) Unauthorized use of a vehicle, as defined in ORS 164.135. (26) Mail theft or receipt of stolen mail, as defined in ORS 164.162. (27) Laundering a monetary instrument, as defined in ORS 164.170. (28) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172. (29) Burglary in the second degree, as defined in ORS 164.215. (30) Burglary in the first degree, as defined in ORS 164.225. (31) Possession of a burglary tool or theft device, as defined in ORS 164.235. (32) Unlawful entry into a motor vehicle, as defined in ORS 164.272. (33) Arson in the second degree, as defined in ORS 164.315. (34) Arson in the first degree, as defined in ORS 164.325. (35) Computer crime, as defined in ORS 164.377. (36) Robbery in the third degree, as defined in ORS 164.395. (37) Robbery in the second degree, as defined in ORS 164.405. (38) Robbery in the first degree, as defined in ORS 164.415. (39) Unlawful labeling of a sound recording, as defined in ORS 164.868. (40) Unlawful recording of a live performance, as defined in ORS 164.869. (41) Unlawful labeling of a videotape recording, as defined in ORS 164.872. (42) A violation of ORS 164.886. (43)(a) Endangering aircraft in the first degree, as defined in ORS 164.885. (b) Endangering aircraft in the second degree, as defined in ORS 164.885. (44) Interference with agricultural operations, as defined in ORS 164.887. (45) Forgery in the second degree, as defined in ORS 165.007. (46) Forgery in the first degree, as defined in ORS 165.013. (47) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017. (48) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022. (49) Criminal possession of a forgery device, as defined in ORS 165.032. (50) Criminal simulation, as defined in ORS 165.037. (51) Fraudulently obtaining a signature, as defined in ORS 165.042. (52) Fraudulent use of a credit card, as defined in ORS 165.055. (53) Negotiating a bad check, as defined in ORS 165.065. (54) Possessing a fraudulent communications device, as defined in ORS 165.070. (55) Unlawful factoring of a payment card transaction, as defined in ORS 165.074. (56) Falsifying business records, as defined in ORS 165.080. (57) Sports bribery, as defined in ORS 165.085. (58) Sports bribe receiving, as defined in ORS 165.090. (59) Misapplication of entrusted property, as defined in ORS 165.095. (60) Issuing a false financial statement, as defined in ORS 165.100. (61) Obtaining execution of documents by deception, as defined in ORS 165.102. (62) A violation of ORS 165.543. (63) Cellular counterfeiting in the third degree, as defined in ORS 165.577. (64) Cellular counterfeiting in the second degree, as defined in ORS 165.579. (65) Cellular counterfeiting in the first degree, as defined in ORS 165.581. (66) Identity theft, as defined in ORS 165.800. (67) A violation of ORS 166.190. (68) Unlawful use of a weapon, as defined in ORS 166.220. (69) A violation of ORS 166.240. (70) Unlawful possession of a firearm, as defined in ORS 166.250. (71) A violation of ORS 166.270. (72) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272. (73) A violation of ORS 166.275. (74) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350. (75) A violation of ORS 166.370. (76) Unlawful possession of a destructive device, as defined in ORS 166.382. (77) Unlawful manufacture of a destructive device, as defined in ORS 166.384. (78) Possession of a hoax destructive device, as defined in ORS 166.385. (79) A violation of ORS 166.410. (80) Providing false information in connection with a transfer of a firearm, as defined in ORS 166.416. (81) Improperly transferring a firearm, as defined in ORS 166.418. (82) Unlawfully purchasing a firearm, as defined in ORS 166.425. (83) A violation of ORS 166.429. (84) A violation of ORS 166.470. (85) A violation of ORS 166.480. (86) A violation of ORS 166.635. (87) A violation of ORS 166.638. (88) Unlawful paramilitary activity, as defined in ORS 166.660. (89) A violation of ORS 166.720. (90) Prostitution, as defined in ORS 167.007. (91) Commercial sexual solicitation, as defined in ORS 167.008. (92) Promoting prostitution, as defined in ORS 167.012. (93) Compelling prostitution, as defined in ORS 167.017. (94) Exhibiting an obscene performance to a minor, as defined in ORS 167.075. (95) Unlawful gambling in the second degree, as defined in ORS 167.122. (96) Unlawful gambling in the first degree, as defined in ORS 167.127. (97) Possession of gambling records in the second degree, as defined in ORS 167.132. (98) Possession of gambling records in the first degree, as defined in ORS 167.137. (99) Possession of a gambling device, as defined in ORS 167.147. (100) Possession of a gray machine, as defined in ORS 167.164. (101) Cheating, as defined in ORS 167.167. (102) Tampering with drug records, as defined in ORS 167.212. (103) A violation of ORS 167.262. (104) Research and animal interference, as defined in ORS 167.312. (105) Animal abuse in the first degree, as defined in ORS 167.320. (106) Aggravated animal abuse in the first degree, as defined in ORS 167.322. (107) Animal neglect in the first degree, as defined in ORS 167.330. (108) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352. (109) Involvement in animal fighting, as defined in ORS 167.355. (110) Dogfighting, as defined in ORS 167.365. (111) Participation in dogfighting, as defined in ORS 167.370. (112) Unauthorized use of a livestock animal, as defined in ORS 167.385. (113) Interference with livestock production, as defined in ORS 167.388. (114) A violation of ORS 167.390. (115) Participation in cockfighting, as defined in ORS 167.431. (116) A violation of ORS 471.410. (117) Failure to report missing precursor substances, as defined in ORS 475.955. (118) Illegally selling drug equipment, as defined in ORS 475.960. (119) Providing false information on a precursor substances report, as defined in ORS 475.965. (120) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.912. (121) A violation of ORS 475.752, if it is a felony or a Class A misdemeanor. (122) A violation of ORS 475.914, if it is a felony or a Class A misdemeanor. (123) A violation of ORS 475.916. (124) A violation of ORS 475.906, if it is a felony or a Class A misdemeanor. (125) A violation of ORS 475.904. (126) A violation of ORS 475C.337, if it is a felony or a Class A misdemeanor. (127) A violation of ORS 475C.341, if it is a felony or a Class A misdemeanor. (128) A violation of ORS 475C.345, if it is a felony or a Class A misdemeanor. (129) A violation of ORS 475C.349, if it is a felony or a Class A misdemeanor. (130) A violation of ORS 475C.229. (131) Misuse of an identification card, as defined in ORS 807.430. (132) Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500. (133) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510. (134) Using an invalid license, as defined in ORS 807.580. (135) Permitting misuse of a license, as defined in ORS 807.590. (136) Using another’s license, as defined in ORS 807.600. (137) Criminal driving while suspended or revoked, as defined in ORS 811.182. (138) Aggravated driving while suspended or revoked, as defined in ORS 163.196. (139) Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a felony. (140) Unlawful distribution of cigarettes, as defined in ORS 323.482. (141) Unlawful distribution of tobacco products, as defined in ORS 323.632. (142) A violation of ORS 180.440 (2) or 180.486 (2). (143) A violation described in ORS 475.786 to 475.894, if it is a felony. (144) Subjecting another person to involuntary servitude in the first degree, as defined in ORS 163.264. (145) Subjecting another person to involuntary servitude in the second degree, as defined in ORS 163.263. (146) Trafficking in persons, as defined in ORS 163.266. (147) Luring a minor, as defined in ORS 167.057. (148) Online sexual corruption of a child in the second degree, as defined in ORS 163.432. (149) Online sexual corruption of a child in the first degree, as defined in ORS 163.433. (150) Reckless driving, as defined in ORS 811.140 (1)(b). (151) An attempt, conspiracy or solicitation to commit a crime in subsections (1) to (150) of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor. [2005 c.830 §19; 2005 c.830 §19a; 2007 c.40 §2; 2007 c.71 §31; 2007 c.811 §8; 2007 c.869 §4; 2007 c.876 §7; 2009 c.299 §5; 2009 c.717 §24; 2009 c.796 §3; 2009 c.874 §17; 2011 c.151 §7; 2011 c.552 §3; 2011 c.681 §4; 2013 c.374 §4; 2015 c.98 §5; 2016 c.47 §6; 2017 c.21 §38; 2023 c.158 §3]", "subsections": [{"label": "(12)", "token": "12", "kind": "numeric", "text": "(b) applies are: Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.", "subsections": []}, {"label": "(1)", "token": "1", "kind": "numeric", "text": "Bribe giving, as defined in ORS 162.015. (b). to", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Bribe receiving, as defined in ORS 162.025. or 180.486", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Public investment fraud, as defined in ORS 162.117.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Bribing a witness, as defined in ORS 162.265.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Bribe receiving by a witness, as defined in ORS 162.275.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Simulating legal process, as defined in ORS 162.355.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "Official misconduct in the first degree, as defined in ORS 162.415.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "Assisting another person to commit suicide, as defined in ORS 163.193.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "Custodial interference in the second degree, as defined in ORS 163.245.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "Custodial interference in the first degree, as defined in ORS 163.257.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "Buying or selling a person under 18 years of age, as defined in ORS 163.537.", "subsections": []}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "Encouraging child sexual abuse in the first degree, as defined in ORS 163.684.", "subsections": []}, {"label": "(14)", "token": "14", "kind": "numeric", "text": "Encouraging child sexual abuse in the second degree, as defined in ORS 163.686.", "subsections": []}, {"label": "(15)", "token": "15", "kind": "numeric", "text": "Encouraging child sexual abuse in the third degree, as defined in ORS 163.687.", "subsections": []}, {"label": "(16)", "token": "16", "kind": "numeric", "text": "Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688.", "subsections": []}, {"label": "(17)", "token": "17", "kind": "numeric", "text": "Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689.", "subsections": []}, {"label": "(18)", "token": "18", "kind": "numeric", "text": "Theft in the second degree, as defined in ORS 164.045.", "subsections": []}, {"label": "(19)", "token": "19", "kind": "numeric", "text": "Theft in the first degree, as defined in ORS 164.055.", "subsections": []}, {"label": "(20)", "token": "20", "kind": "numeric", "text": "Aggravated theft in the first degree, as defined in ORS 164.057.", "subsections": []}, {"label": "(21)", "token": "21", "kind": "numeric", "text": "Extortion, as defined in ORS 164.075.", "subsections": []}, {"label": "(22)", "token": "22", "kind": "numeric", "text": "Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(23)", "token": "23", "kind": "numeric", "text": "Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(24)", "token": "24", "kind": "numeric", "text": "Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(25)", "token": "25", "kind": "numeric", "text": "Unauthorized use of a vehicle, as defined in ORS 164.135.", "subsections": []}, {"label": "(26)", "token": "26", "kind": "numeric", "text": "Mail theft or receipt of stolen mail, as defined in ORS 164.162.", "subsections": []}, {"label": "(27)", "token": "27", "kind": "numeric", "text": "Laundering a monetary instrument, as defined in ORS 164.170.", "subsections": []}, {"label": "(28)", "token": "28", "kind": "numeric", "text": "Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172.", "subsections": []}, {"label": "(29)", "token": "29", "kind": "numeric", "text": "Burglary in the second degree, as defined in ORS 164.215.", "subsections": []}, {"label": "(30)", "token": "30", "kind": "numeric", "text": "Burglary in the first degree, as defined in ORS 164.225.", "subsections": []}, {"label": "(31)", "token": "31", "kind": "numeric", "text": "Possession of a burglary tool or theft device, as defined in ORS 164.235.", "subsections": []}, {"label": "(32)", "token": "32", "kind": "numeric", "text": "Unlawful entry into a motor vehicle, as defined in ORS 164.272.", "subsections": []}, {"label": "(33)", "token": "33", "kind": "numeric", "text": "Arson in the second degree, as defined in ORS 164.315.", "subsections": []}, {"label": "(34)", "token": "34", "kind": "numeric", "text": "Arson in the first degree, as defined in ORS 164.325.", "subsections": []}, {"label": "(35)", "token": "35", "kind": "numeric", "text": "Computer crime, as defined in ORS 164.377.", "subsections": []}, {"label": "(36)", "token": "36", "kind": "numeric", "text": "Robbery in the third degree, as defined in ORS 164.395.", "subsections": []}, {"label": "(37)", "token": "37", "kind": "numeric", "text": "Robbery in the second degree, as defined in ORS 164.405.", "subsections": []}, {"label": "(38)", "token": "38", "kind": "numeric", "text": "Robbery in the first degree, as defined in ORS 164.415.", "subsections": []}, {"label": "(39)", "token": "39", "kind": "numeric", "text": "Unlawful labeling of a sound recording, as defined in ORS 164.868.", "subsections": []}, {"label": "(40)", "token": "40", "kind": "numeric", "text": "Unlawful recording of a live performance, as defined in ORS 164.869.", "subsections": []}, {"label": "(41)", "token": "41", "kind": "numeric", "text": "Unlawful labeling of a videotape recording, as defined in ORS 164.872.", "subsections": []}, {"label": "(42)", "token": "42", "kind": "numeric", "text": "A violation of ORS 164.886.", "subsections": []}, {"label": "(43)", "token": "43", "kind": "numeric", "text": "(a) Endangering aircraft in the first degree, as defined in ORS 164.885.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Endangering aircraft in the second degree, as defined in ORS 164.885.", "subsections": []}]}, {"label": "(44)", "token": "44", "kind": "numeric", "text": "Interference with agricultural operations, as defined in ORS 164.887.", "subsections": []}, {"label": "(45)", "token": "45", "kind": "numeric", "text": "Forgery in the second degree, as defined in ORS 165.007.", "subsections": []}, {"label": "(46)", "token": "46", "kind": "numeric", "text": "Forgery in the first degree, as defined in ORS 165.013.", "subsections": []}, {"label": "(47)", "token": "47", "kind": "numeric", "text": "Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017.", "subsections": []}, {"label": "(48)", "token": "48", "kind": "numeric", "text": "Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022.", "subsections": []}, {"label": "(49)", "token": "49", "kind": "numeric", "text": "Criminal possession of a forgery device, as defined in ORS 165.032.", "subsections": []}, {"label": "(50)", "token": "50", "kind": "numeric", "text": "Criminal simulation, as defined in ORS 165.037.", "subsections": []}, {"label": "(51)", "token": "51", "kind": "numeric", "text": "Fraudulently obtaining a signature, as defined in ORS 165.042.", "subsections": []}, {"label": "(52)", "token": "52", "kind": "numeric", "text": "Fraudulent use of a credit card, as defined in ORS 165.055.", "subsections": []}, {"label": "(53)", "token": "53", "kind": "numeric", "text": "Negotiating a bad check, as defined in ORS 165.065.", "subsections": []}, {"label": "(54)", "token": "54", "kind": "numeric", "text": "Possessing a fraudulent communications device, as defined in ORS 165.070.", "subsections": []}, {"label": "(55)", "token": "55", "kind": "numeric", "text": "Unlawful factoring of a payment card transaction, as defined in ORS 165.074.", "subsections": []}, {"label": "(56)", "token": "56", "kind": "numeric", "text": "Falsifying business records, as defined in ORS 165.080.", "subsections": []}, {"label": "(57)", "token": "57", "kind": "numeric", "text": "Sports bribery, as defined in ORS 165.085.", "subsections": []}, {"label": "(58)", "token": "58", "kind": "numeric", "text": "Sports bribe receiving, as defined in ORS 165.090.", "subsections": []}, {"label": "(59)", "token": "59", "kind": "numeric", "text": "Misapplication of entrusted property, as defined in ORS 165.095.", "subsections": []}, {"label": "(60)", "token": "60", "kind": "numeric", "text": "Issuing a false financial statement, as defined in ORS 165.100.", "subsections": []}, {"label": "(61)", "token": "61", "kind": "numeric", "text": "Obtaining execution of documents by deception, as defined in ORS 165.102.", "subsections": []}, {"label": "(62)", "token": "62", "kind": "numeric", "text": "A violation of ORS 165.543.", "subsections": []}, {"label": "(63)", "token": "63", "kind": "numeric", "text": "Cellular counterfeiting in the third degree, as defined in ORS 165.577.", "subsections": []}, {"label": "(64)", "token": "64", "kind": "numeric", "text": "Cellular counterfeiting in the second degree, as defined in ORS 165.579.", "subsections": []}, {"label": "(65)", "token": "65", "kind": "numeric", "text": "Cellular counterfeiting in the first degree, as defined in ORS 165.581.", "subsections": []}, {"label": "(66)", "token": "66", "kind": "numeric", "text": "Identity theft, as defined in ORS 165.800.", "subsections": []}, {"label": "(67)", "token": "67", "kind": "numeric", "text": "A violation of ORS 166.190.", "subsections": []}, {"label": "(68)", "token": "68", "kind": "numeric", "text": "Unlawful use of a weapon, as defined in ORS 166.220.", "subsections": []}, {"label": "(69)", "token": "69", "kind": "numeric", "text": "A violation of ORS 166.240.", "subsections": []}, {"label": "(70)", "token": "70", "kind": "numeric", "text": "Unlawful possession of a firearm, as defined in ORS 166.250.", "subsections": []}, {"label": "(71)", "token": "71", "kind": "numeric", "text": "A violation of ORS 166.270.", "subsections": []}, {"label": "(72)", "token": "72", "kind": "numeric", "text": "Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272.", "subsections": []}, {"label": "(73)", "token": "73", "kind": "numeric", "text": "A violation of ORS 166.275.", "subsections": []}, {"label": "(74)", "token": "74", "kind": "numeric", "text": "Unlawful possession of armor piercing ammunition, as defined in ORS 166.350.", "subsections": []}, {"label": "(75)", "token": "75", "kind": "numeric", "text": "A violation of ORS 166.370.", "subsections": []}, {"label": "(76)", "token": "76", "kind": "numeric", "text": "Unlawful possession of a destructive device, as defined in ORS 166.382.", "subsections": []}, {"label": "(77)", "token": "77", "kind": "numeric", "text": "Unlawful manufacture of a destructive device, as defined in ORS 166.384.", "subsections": []}, {"label": "(78)", "token": "78", "kind": "numeric", "text": "Possession of a hoax destructive device, as defined in ORS 166.385.", "subsections": []}, {"label": "(79)", "token": "79", "kind": "numeric", "text": "A violation of ORS 166.410.", "subsections": []}, {"label": "(80)", "token": "80", "kind": "numeric", "text": "Providing false information in connection with a transfer of a firearm, as defined in ORS 166.416.", "subsections": []}, {"label": "(81)", "token": "81", "kind": "numeric", "text": "Improperly transferring a firearm, as defined in ORS 166.418.", "subsections": []}, {"label": "(82)", "token": "82", "kind": "numeric", "text": "Unlawfully purchasing a firearm, as defined in ORS 166.425.", "subsections": []}, {"label": "(83)", "token": "83", "kind": "numeric", "text": "A violation of ORS 166.429.", "subsections": []}, {"label": "(84)", "token": "84", "kind": "numeric", "text": "A violation of ORS 166.470.", "subsections": []}, {"label": "(85)", "token": "85", "kind": "numeric", "text": "A violation of ORS 166.480.", "subsections": []}, {"label": "(86)", "token": "86", "kind": "numeric", "text": "A violation of ORS 166.635.", "subsections": []}, {"label": "(87)", "token": "87", "kind": "numeric", "text": "A violation of ORS 166.638.", "subsections": []}, {"label": "(88)", "token": "88", "kind": "numeric", "text": "Unlawful paramilitary activity, as defined in ORS 166.660.", "subsections": []}, {"label": "(89)", "token": "89", "kind": "numeric", "text": "A violation of ORS 166.720.", "subsections": []}, {"label": "(90)", "token": "90", "kind": "numeric", "text": "Prostitution, as defined in ORS 167.007.", "subsections": []}, {"label": "(91)", "token": "91", "kind": "numeric", "text": "Commercial sexual solicitation, as defined in ORS 167.008.", "subsections": []}, {"label": "(92)", "token": "92", "kind": "numeric", "text": "Promoting prostitution, as defined in ORS 167.012.", "subsections": []}, {"label": "(93)", "token": "93", "kind": "numeric", "text": "Compelling prostitution, as defined in ORS 167.017.", "subsections": []}, {"label": "(94)", "token": "94", "kind": "numeric", "text": "Exhibiting an obscene performance to a minor, as defined in ORS 167.075.", "subsections": []}, {"label": "(95)", "token": "95", "kind": "numeric", "text": "Unlawful gambling in the second degree, as defined in ORS 167.122.", "subsections": []}, {"label": "(96)", "token": "96", "kind": "numeric", "text": "Unlawful gambling in the first degree, as defined in ORS 167.127.", "subsections": []}, {"label": "(97)", "token": "97", "kind": "numeric", "text": "Possession of gambling records in the second degree, as defined in ORS 167.132.", "subsections": []}, {"label": "(98)", "token": "98", "kind": "numeric", "text": "Possession of gambling records in the first degree, as defined in ORS 167.137.", "subsections": []}, {"label": "(99)", "token": "99", "kind": "numeric", "text": "Possession of a gambling device, as defined in ORS 167.147.", "subsections": []}, {"label": "(100)", "token": "100", "kind": "numeric", "text": "Possession of a gray machine, as defined in ORS 167.164.", "subsections": []}, {"label": "(101)", "token": "101", "kind": "numeric", "text": "Cheating, as defined in ORS 167.167.", "subsections": []}, {"label": "(102)", "token": "102", "kind": "numeric", "text": "Tampering with drug records, as defined in ORS 167.212.", "subsections": []}, {"label": "(103)", "token": "103", "kind": "numeric", "text": "A violation of ORS 167.262.", "subsections": []}, {"label": "(104)", "token": "104", "kind": "numeric", "text": "Research and animal interference, as defined in ORS 167.312.", "subsections": []}, {"label": "(105)", "token": "105", "kind": "numeric", "text": "Animal abuse in the first degree, as defined in ORS 167.320.", "subsections": []}, {"label": "(106)", "token": "106", "kind": "numeric", "text": "Aggravated animal abuse in the first degree, as defined in ORS 167.322.", "subsections": []}, {"label": "(107)", "token": "107", "kind": "numeric", "text": "Animal neglect in the first degree, as defined in ORS 167.330.", "subsections": []}, {"label": "(108)", "token": "108", "kind": "numeric", "text": "Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352.", "subsections": []}, {"label": "(109)", "token": "109", "kind": "numeric", "text": "Involvement in animal fighting, as defined in ORS 167.355.", "subsections": []}, {"label": "(110)", "token": "110", "kind": "numeric", "text": "Dogfighting, as defined in ORS 167.365.", "subsections": []}, {"label": "(111)", "token": "111", "kind": "numeric", "text": "Participation in dogfighting, as defined in ORS 167.370.", "subsections": []}, {"label": "(112)", "token": "112", "kind": "numeric", "text": "Unauthorized use of a livestock animal, as defined in ORS 167.385.", "subsections": []}, {"label": "(113)", "token": "113", "kind": "numeric", "text": "Interference with livestock production, as defined in ORS 167.388.", "subsections": []}, {"label": "(114)", "token": "114", "kind": "numeric", "text": "A violation of ORS 167.390.", "subsections": []}, {"label": "(115)", "token": "115", "kind": "numeric", "text": "Participation in cockfighting, as defined in ORS 167.431.", "subsections": []}, {"label": "(116)", "token": "116", "kind": "numeric", "text": "A violation of ORS 471.410.", "subsections": []}, {"label": "(117)", "token": "117", "kind": "numeric", "text": "Failure to report missing precursor substances, as defined in ORS 475.955.", "subsections": []}, {"label": "(118)", "token": "118", "kind": "numeric", "text": "Illegally selling drug equipment, as defined in ORS 475.960.", "subsections": []}, {"label": "(119)", "token": "119", "kind": "numeric", "text": "Providing false information on a precursor substances report, as defined in ORS 475.965.", "subsections": []}, {"label": "(120)", "token": "120", "kind": "numeric", "text": "Unlawful delivery of an imitation controlled substance, as defined in ORS 475.912.", "subsections": []}, {"label": "(121)", "token": "121", "kind": "numeric", "text": "A violation of ORS 475.752, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(122)", "token": "122", "kind": "numeric", "text": "A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(123)", "token": "123", "kind": "numeric", "text": "A violation of ORS 475.916.", "subsections": []}, {"label": "(124)", "token": "124", "kind": "numeric", "text": "A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(125)", "token": "125", "kind": "numeric", "text": "A violation of ORS 475.904.", "subsections": []}, {"label": "(126)", "token": "126", "kind": "numeric", "text": "A violation of ORS 475C.337, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(127)", "token": "127", "kind": "numeric", "text": "A violation of ORS 475C.341, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(128)", "token": "128", "kind": "numeric", "text": "A violation of ORS 475C.345, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(129)", "token": "129", "kind": "numeric", "text": "A violation of ORS 475C.349, if it is a felony or a Class A misdemeanor.", "subsections": []}, {"label": "(130)", "token": "130", "kind": "numeric", "text": "A violation of ORS 475C.229.", "subsections": []}, {"label": "(131)", "token": "131", "kind": "numeric", "text": "Misuse of an identification card, as defined in ORS 807.430.", "subsections": []}, {"label": "(132)", "token": "132", "kind": "numeric", "text": "Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500.", "subsections": []}, {"label": "(133)", "token": "133", "kind": "numeric", "text": "Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510.", "subsections": []}, {"label": "(134)", "token": "134", "kind": "numeric", "text": "Using an invalid license, as defined in ORS 807.580.", "subsections": []}, {"label": "(135)", "token": "135", "kind": "numeric", "text": "Permitting misuse of a license, as defined in ORS 807.590.", "subsections": []}, {"label": "(136)", "token": "136", "kind": "numeric", "text": "Using another’s license, as defined in ORS 807.600.", "subsections": []}, {"label": "(137)", "token": "137", "kind": "numeric", "text": "Criminal driving while suspended or revoked, as defined in ORS 811.182.", "subsections": []}, {"label": "(138)", "token": "138", "kind": "numeric", "text": "Aggravated driving while suspended or revoked, as defined in ORS 163.196.", "subsections": []}, {"label": "(139)", "token": "139", "kind": "numeric", "text": "Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a felony.", "subsections": []}, {"label": "(140)", "token": "140", "kind": "numeric", "text": "Unlawful distribution of cigarettes, as defined in ORS 323.482.", "subsections": []}, {"label": "(141)", "token": "141", "kind": "numeric", "text": "Unlawful distribution of tobacco products, as defined in ORS 323.632.", "subsections": []}, {"label": "(142)", "token": "142", "kind": "numeric", "text": "A violation of ORS 180.440", "subsections": []}, {"label": "(143)", "token": "143", "kind": "numeric", "text": "A violation described in ORS 475.786 to 475.894, if it is a felony.", "subsections": []}, {"label": "(144)", "token": "144", "kind": "numeric", "text": "Subjecting another person to involuntary servitude in the first degree, as defined in ORS 163.264.", "subsections": []}, {"label": "(145)", "token": "145", "kind": "numeric", "text": "Subjecting another person to involuntary servitude in the second degree, as defined in ORS 163.263.", "subsections": []}, {"label": "(146)", "token": "146", "kind": "numeric", "text": "Trafficking in persons, as defined in ORS 163.266.", "subsections": []}, {"label": "(147)", "token": "147", "kind": "numeric", "text": "Luring a minor, as defined in ORS 167.057.", "subsections": []}, {"label": "(148)", "token": "148", "kind": "numeric", "text": "Online sexual corruption of a child in the second degree, as defined in ORS 163.432.", "subsections": []}, {"label": "(149)", "token": "149", "kind": "numeric", "text": "Online sexual corruption of a child in the first degree, as defined in ORS 163.433.", "subsections": []}, {"label": "(150)", "token": "150", "kind": "numeric", "text": "Reckless driving, as defined in ORS 811.140 of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor. [2005 c.830 §19; 2005 c.830 §19a; 2007 c.40 §2; 2007 c.71 §31; 2007 c.811 §8; 2007 c.869 §4; 2007 c.876 §7; 2009 c.299 §5; 2009 c.717 §24; 2009 c.796 §3; 2009 c.874 §17; 2011 c.151 §7; 2011 c.552 §3; 2011 c.681 §4; 2013 c.374 §4; 2015 c.98 §5; 2016 c.47 §6; 2017 c.21 §38; 2023 c.158 §3]", "subsections": []}, {"label": "(151)", "token": "151", "kind": "numeric", "text": "An attempt, conspiracy or solicitation to commit a crime in subsections", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.604", "name": "ORS 131.604", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.604", "sectionName": "ORS 131.604", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.604", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Disposition of forfeited cigarettes.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.594", "131.597"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Disposition of forfeited cigarettes. Notwithstanding ORS 131.594 and 131.597, if property forfeited under ORS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.605", "name": "ORS 131.605", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.605", "sectionName": "ORS 131.605", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.605", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Definitions for ORS 131.605 to 131.625. As used in ORS 131.605 to 131.625, unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.605", "131.625", "161.515", "161.015", "133.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 131.605 to 131.625. As used in ORS 131.605 to 131.625, unless the context requires otherwise: (1) “Crime” has the meaning provided for that term in ORS 161.515. (2) “Dangerous weapon,” “deadly weapon” and “person” have the meanings given those terms in ORS 161.015. (3) “Frisk” is an external patting of a person’s outer clothing. (4) “Is about to commit” means unusual conduct that leads a peace officer reasonably to conclude in light of the officer’s training and experience that criminal activity may be afoot. (5) “Peace officer” has the meaning given that term in ORS 133.005. (6) “Reasonably suspects” means that a peace officer holds a belief that is reasonable under the totality of the circumstances existing at the time and place the peace officer acts as authorized in ORS 131.605 to 131.625. (7) A “stop” is a temporary restraint of a person’s liberty by a peace officer lawfully present in any place. [1973 c.836 §30; 1997 c.866 §2; 2011 c.506 §6; 2011 c.644 §12]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Crime” has the meaning provided for that term in ORS 161.515.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Dangerous weapon,” “deadly weapon” and “person” have the meanings given those terms in ORS 161.015.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Frisk” is an external patting of a person’s outer clothing.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Is about to commit” means unusual conduct that leads a peace officer reasonably to conclude in light of the officer’s training and experience that criminal activity may be afoot.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "“Peace officer” has the meaning given that term in ORS 133.005.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "“Reasonably suspects” means that a peace officer holds a belief that is reasonable under the totality of the circumstances existing at the time and place the peace officer acts as authorized in ORS 131.605 to 131.625.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "A “stop” is a temporary restraint of a person’s liberty by a peace officer lawfully present in any place. [1973 c.836 §30; 1997 c.866 §2; 2011 c.506 §6; 2011 c.644 §12]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.615", "name": "ORS 131.615", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.615", "sectionName": "ORS 131.615", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.615", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Stopping of persons.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535 only if the officer first informs the person that the person has the right to refuse the request. (b) An officer who obtains consent to search under this subsection shall ensure that there is a written, video or audio record that the person gave informed and voluntary consent to search. (c) This subsection does not apply to implied consent searches described in ORS 813.100, 813.131 or 813.135. (5) A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present"], "ors_citations": ["133.535", "813.100", "813.131", "813.135"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Stopping of persons. (1) A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry. (2) The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time. (3) The inquiry shall be considered reasonable if it is limited to: (a) The immediate circumstances that aroused the officer’s suspicion; (b) Other circumstances arising during the course of the detention and inquiry that give rise to a reasonable suspicion of criminal activity; and (c) Ensuring the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons. (4)(a) The inquiry may include a request for consent to search in relation to the circumstances specified in subsection (3) of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535 only if the officer first informs the person that the person has the right to refuse the request. (b) An officer who obtains consent to search under this subsection shall ensure that there is a written, video or audio record that the person gave informed and voluntary consent to search. (c) This subsection does not apply to implied consent searches described in ORS 813.100, 813.131 or 813.135. (5) A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present. [1973 c.836 §31; 1997 c.866 §1; 2022 c.78 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The inquiry shall be considered reasonable if it is limited to: of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535 only if the officer first informs the person that the person has the right to refuse the request.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The immediate circumstances that aroused the officer’s suspicion;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Other circumstances arising during the course of the detention and inquiry that give rise to a reasonable suspicion of criminal activity; and An officer who obtains consent to search under this subsection shall ensure that there is a written, video or audio record that the person gave informed and voluntary consent to search.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Ensuring the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons. This subsection does not apply to implied consent searches described in ORS 813.100, 813.131 or 813.135.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(a) The inquiry may include a request for consent to search in relation to the circumstances specified in subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present. [1973 c.836 §31; 1997 c.866 §1; 2022 c.78 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.625", "name": "Frisk", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.625", "sectionName": "Frisk", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.625", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of stopped persons.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of stopped persons. (1) A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and dangerous to the officer or other persons present. (2) If, in the course of the frisk, the peace officer feels an object which the peace officer reasonably suspects is a dangerous or deadly weapon, the peace officer may take such action as is reasonably necessary to take possession of the weapon. [1973 c.836 §32; 1997 c.866 §3] (Detention)", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed and dangerous to the officer or other persons present.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If, in the course of the frisk, the peace officer feels an object which the peace officer reasonably suspects is a dangerous or deadly weapon, the peace officer may take such action as is reasonably necessary to take possession of the weapon. [1973 c.836 §32; 1997 c.866 §3] (Detention)", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.655", "name": "ORS 131.655", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.655", "sectionName": "ORS 131.655", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.655", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "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.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["164.882", "133.037"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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. (1) Notwithstanding any other provision of law, a person may be detained in a reasonable manner and for a reasonable time by: (a) A merchant or merchant’s employee who has probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or (b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has probable cause to believe that the person has violated ORS 164.882. (2) Probable cause is a defense to any civil or criminal action based on detention and interrogation that a person brings against: (a) A merchant or merchant’s employee who has detained the person in a reasonable manner and for a reasonable time based on probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or (b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has detained the person based on probable cause for believing that the person has violated ORS 164.882. [Formerly 133.037; 2005 c.459 §2] (Prevention by Public Officers)", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Notwithstanding any other provision of law, a person may be detained in a reasonable manner and for a reasonable time by:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A merchant or merchant’s employee who has probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has probable cause to believe that the person has violated ORS 164.882.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Probable cause is a defense to any civil or criminal action based on detention and interrogation that a person brings against:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A merchant or merchant’s employee who has detained the person in a reasonable manner and for a reasonable time based on probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has detained the person based on probable cause for believing that the person has violated ORS 164.882. [Formerly 133.037; 2005 c.459 §2] (Prevention by Public Officers)", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.665", "name": "ORS 131.665", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.665", "sectionName": "ORS 131.665", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.665", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Prevention by public officers.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Prevention by public officers. Crimes may be prevented by the action of public officers in accordance with ORS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.675", "name": "ORS 131.675", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.675", "sectionName": "ORS 131.675", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.675", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Dispersal of unlawful assemblages.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["145.020"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Dispersal of unlawful assemblages. When any five or more persons are unlawfully assembled in any county, city, town or village, the sheriff of the county and the deputies of the sheriff, the mayor of the city, town or village, or chief executive officer or officers thereof, may go among the persons assembled, or as near to them as they can with safety, and command them in the name of the State of Oregon to disperse. If, so commanded, they do not immediately disperse, the officer may arrest them or cause them to be arrested for any unlawful activity constituting an offense. [Formerly 145.020; 1987 c.526 §1; 2021 c.250 §1]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.685", "name": "ORS 131.685", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.685", "sectionName": "ORS 131.685", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.685", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Authority of Governor to enter into agreements with other states for crime prevention purposes.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["145.060"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority of Governor to enter into agreements with other states for crime prevention purposes. The Governor of Oregon may enter into agreements or compacts with the Governor of any or all the States of Washington, Idaho, California and Nevada, each acting on behalf of the own state of the Governor, in order to effectuate cooperative effort and mutual assistance in the prevention of crime in those states and in the enforcement of their respective criminal laws and policies. [Formerly 145.060] (Exclusion from Public Property)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.705", "name": "ORS 131.705", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.705", "sectionName": "ORS 131.705", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.705", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Definitions for ORS 131.705 to 131.735. As used in ORS 131.705 to 131.735, unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.705", "131.735", "145.610"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 131.705 to 131.735. As used in ORS 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. (2) “Public official” means the officer or employee who is the administrative head of the board, commission, agency or division or department of this state or any political subdivision therein which has jurisdiction over any public property, or the designate of the officer or employee. (3) “Public property” means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or buildings owned or leased by this state or any political subdivision therein. [Formerly 145.610]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Public official” means the officer or employee who is the administrative head of the board, commission, agency or division or department of this state or any political subdivision therein which has jurisdiction over any public property, or the designate of the officer or employee.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Public property” means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or buildings owned or leased by this state or any political subdivision therein. [Formerly 145.610]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.715", "name": "ORS 131.715", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.715", "sectionName": "ORS 131.715", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.715", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Proclamation of emergency period by Governor.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["145.620"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Proclamation of emergency period by Governor. After consultation with the public official, or the designate of the public official, and the police, the Governor may proclaim an emergency period if the Governor finds that there exists on any public property a clear and present danger of injury to persons, damage to property or denial of or substantial interference with ingress or egress from public property. The proclamation shall describe the public property affected by the proclamation. The Governor shall cause the proclamation to be publicized. When the Governor finds that the danger has ended, the Governor shall proclaim the end of the emergency period. [Formerly 145.620]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.725", "name": "ORS 131.725", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.725", "sectionName": "ORS 131.725", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.725", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Exclusion from public property.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.715", "145.630"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Exclusion from public property. (1) During the emergency period proclaimed by the Governor under ORS 131.715, the public official shall order excluded from the public property described in the proclamation such persons who in the judgment of the public official are contributing to or aggravating the danger which the Governor has proclaimed to exist. (2) After informing the person ordered removed or excluded from the public property of the proclamation and order, the police shall remove or exclude such person from such public property. (3) Any person who, having been ordered excluded or removed from any public property, knowingly enters thereon or who remains on such property during an emergency period proclaimed by the Governor under ORS 131.715 and who refuses to leave such property upon request by the police, commits a Class A misdemeanor. [Formerly 145.630]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "During the emergency period proclaimed by the Governor under ORS 131.715, the public official shall order excluded from the public property described in the proclamation such persons who in the judgment of the public official are contributing to or aggravating the danger which the Governor has proclaimed to exist.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "After informing the person ordered removed or excluded from the public property of the proclamation and order, the police shall remove or exclude such person from such public property.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Any person who, having been ordered excluded or removed from any public property, knowingly enters thereon or who remains on such property during an emergency period proclaimed by the Governor under ORS 131.715 and who refuses to leave such property upon request by the police, commits a Class A misdemeanor. [Formerly 145.630]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.735", "name": "Review", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.735", "sectionName": "Review", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.735", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of exclusion order.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of exclusion order. Any person ordered removed or excluded from any public property under ORS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.805", "name": "ORS 131.805", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.805", "sectionName": "ORS 131.805", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.805", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Authority to employ special agents.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["148.010"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority to employ special agents. The Governor may employ, at such salaries as the Governor deems reasonable for the services rendered, special agents to effect the apprehension and conviction of criminals, the return of fugitives from justice, the investigation of cases in which the Governor believes the laws of the state are being violated, the supervision of persons paroled or conditionally pardoned from the Department of Corrections or the collection of evidence in any case, civil or criminal, in which the state is interested whenever in the judgment of the Governor it is necessary from the conditions existing in any case, whenever the Governor is convinced that criminals are likely to escape punishment and justice cannot be done by the regularly constituted authorities of any county of the state or of the state or whenever any emergency has arisen which in the judgment of the Governor would justify the Governor so doing. [Formerly 148.010; 1987 c.320 §17]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.815", "name": "ORS 131.815", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.815", "sectionName": "ORS 131.815", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.815", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Presentment of facts to circuit court.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["148.110"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Presentment of facts to circuit court. Whenever in the opinion of the Governor the criminal laws of the state are not being faithfully executed and enforced and the circumstances justify the appointment of any sheriff, district attorney, constable or justice of the peace pro tem, the Governor shall lay the facts of which the Governor is advised before the circuit court, or any judge thereof, of the district of the office in question. The court or judge shall, without delay, in a summary manner consider the facts so presented and such further facts as can be gathered or may be presented by or on behalf of the Governor, the officer or any party interested. [Formerly 148.110]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.825", "name": "ORS 131.825", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.825", "sectionName": "ORS 131.825", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.825", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Hearing.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["148.120"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Hearing. The court, or judge thereof, in conducting such hearing, shall have all the usual powers of the circuit court or judge, including the power to subpoena and examine witnesses of its own motion. The Governor, the officer affected or any party interested may subpoena witnesses and appear and participate in person or by counsel, and the officer shall be given reasonable opportunity to prepare and present this case. The Attorney General shall appear on behalf of the Governor if by the Governor requested so to do. [Formerly 148.120]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.835", "name": "ORS 131.835", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.835", "sectionName": "ORS 131.835", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.835", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Request that judge of another district conduct hearing;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.815", "131.875", "148.130"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Request that judge of another district conduct hearing; traveling expenses. When the Governor has made a request for an investigation before the court or judge of the district of the office affected, the court or judge may request that the hearing be held before the court or judge of any other district and call in such court or judge to conduct the same at the regular place of holding court in the district of the office affected. Such a request shall be made by the court or judge without delay and the court or judge called in shall proceed without delay to conduct the hearing. The actual necessary traveling expenses of any court or judge that is called in shall be paid out of the funds appropriated for the purposes of ORS 131.815 to 131.875 upon properly verified vouchers being presented to the Secretary of State. [Formerly 148.130]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.845", "name": "ORS 131.845", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.845", "sectionName": "ORS 131.845", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.845", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Findings.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["148.140"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Findings. The court or judge shall make such findings as are justified by the facts adduced at the hearing and shall find as to whether or not the criminal laws of the state are being faithfully executed and enforced by the officers under investigation. [Formerly 148.140]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.855", "name": "ORS 131.855", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.855", "sectionName": "ORS 131.855", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.855", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Appointment of special officers on finding that laws are not enforced.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["148.150"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Appointment of special officers on finding that laws are not enforced. If it is found that the criminal laws of the state are not being faithfully executed and enforced by the officers under investigation, the Governor may appoint, for a period not longer than 90 days, such special officers as may be necessary to correct the failure to execute or enforce the criminal laws. [Formerly 148.150]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.860", "name": "ORS 131.860", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.860", "sectionName": "ORS 131.860", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.860", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Qualifying of special officers;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["148.160"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Qualifying of special officers; powers and duties. When appointed, special officers shall qualify in the same manner as provided by law for regularly elected officers, shall have all the power and authority of the regularly elected officers necessary to effectuate the purposes of the appointment and shall carry out the directions of the Governor, pursuant to the appointment, in the same manner and to the same extent as the duly elected officers could do or perform; and no greater power shall be conferred upon any special officer than is by law lodged with the regularly elected officers. [Formerly 148.160]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.865", "name": "ORS 131.865", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.865", "sectionName": "ORS 131.865", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.865", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Compensation of special officers.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.855", "148.170"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Compensation of special officers. The special officers provided for in ORS 131.855 shall receive a compensation for the time they are appointed equal to that provided for the regularly elected officers, the compensation to be paid in the same manner as the regular officers are paid. [Formerly 148.170]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.875", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.875", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.875", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of appointment of special officers on salary of regular officers.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["148.180"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of appointment of special officers on salary of regular officers. The regularly elected, qualified and acting officers shall, during any appointment of a special officer, receive the salary provided by law, to the same extent as though no special officer had been appointed. [Formerly 148.180]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.880", "name": "ORS 131.880", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.880", "sectionName": "ORS 131.880", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.880", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Appointment of railroad police officers;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Appointment of railroad police officers; liability. The Governor, upon application of any railroad company operating in this state, may appoint and commission, during the pleasure of the Governor, persons designated by the company and to serve at the expense of the company, as police officers, with the powers of peace officers and who, after being duly sworn, may act as police officers to protect the railroad company property and the persons or property of the railroad company passengers or employees. The railroad company designating such persons is civilly responsible for any abuse of their authority. [1973 c.676 §1] (Rewards)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.885", "name": "Offer", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.885", "sectionName": "Offer", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.885", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of reward.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["149.010"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of reward. If any person charged with or convicted of any felony within this state breaks prison, escapes, absconds or flees or hides from justice, the county court or county governing body of the county in which the crime was committed, if the court or governing body deems it necessary, may offer a reward for information leading to the apprehension of such person by the appropriate police authority. [Formerly 149.010; 1981 c.300 §1; 1999 c.217 §1]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.890", "name": "ORS 131.890", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.890", "sectionName": "ORS 131.890", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.890", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Entitlement to reward; use of public money to reward bounty hunter.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.885", "149.020"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Entitlement to reward; use of public money to reward bounty hunter. (1) Any person providing information leading to the apprehension of a person for whom a reward has been offered under ORS 131.885 is entitled to and shall be paid the reward offered under ORS 131.885 or a proportionate share thereof if more than one claimant is entitled. (2) No public money may be used to pay a reward to a bounty hunter under this section. As used in this subsection, “bounty hunter” means a private person who is in the business of apprehending persons who have forfeited security or broken the terms of a security release, fled from justice or escaped from confinement. [Formerly 149.020; 1981 c.300 §2; 1999 c.217 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any person providing information leading to the apprehension of a person for whom a reward has been offered under ORS 131.885 is entitled to and shall be paid the reward offered under ORS 131.885 or a proportionate share thereof if more than one claimant is entitled.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "No public money may be used to pay a reward to a bounty hunter under this section. As used in this subsection, “bounty hunter” means a private person who is in the business of apprehending persons who have forfeited security or broken the terms of a security release, fled from justice or escaped from confinement. [Formerly 149.020; 1981 c.300 §2; 1999 c.217 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.892", "name": "Offer", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.892", "sectionName": "Offer", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.892", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "of reward for information on commission of criminal offense.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of reward for information on commission of criminal offense. An organization, association or person may offer a reward for information leading to the apprehension and conviction of any person who has committed a criminal offense. [1993 c.543 §2; 1995 c.461 §1; 1999 c.217 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.895", "name": "ORS 131.895", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.895", "sectionName": "ORS 131.895", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.895", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Procedure for payment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.885", "131.895", "149.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Procedure for payment. The county court or county governing body, on the claim of the applicant for reward under ORS 131.885 to 131.895, shall determine whether the claimant is entitled to the reward. If it so determines, it shall certify the amount offered in reward, or a proportionate share thereof if more than one claimant is entitled, to the county clerk of the county and the county clerk shall draw a warrant on the treasurer of the county for the amount so authorized. [Formerly 149.030; 1981 c.300 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.897", "name": "ORS 131.897", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.897", "sectionName": "ORS 131.897", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.897", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Authority to order repayment of reward as part of sentence.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall be ordered paid into the court, for further transfer by the clerk to the person, organization, association or public body or officer entitled to it. (2) In determining whether to order reimbursement under this section, the court shall take into account"], "ors_citations": ["131.885", "131.895"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority to order repayment of reward as part of sentence. (1) In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse to a person, organization, association or public body or officer, any sum or portion thereof offered and paid by the person, organization, association or public body or officer under ORS 131.885 to 131.895, as a reward for information leading to the apprehension of the defendant. Reimbursement under this section shall be ordered paid into the court, for further transfer by the clerk to the person, organization, association or public body or officer entitled to it. (2) In determining whether to order reimbursement under this section, the court shall take into account: (a) The financial resources of the defendant and the burden that reimbursement will impose, with due regard to the other obligations of the defendant; and (b) The ability of the defendant to make reimbursement on an installment basis or on other conditions to be fixed by the court. [1981 c.300 §4; 1987 c.905 §13; 1993 c.543 §3; 1995 c.461 §2; 1999 c.217 §4; 2011 c.597 §121] LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse to a person, organization, association or public body or officer, any sum or portion thereof offered and paid by the person, organization, association or public body or officer under ORS 131.885 to 131.895, as a reward for information leading to the apprehension of the defendant. Reimbursement under this section shall be ordered paid into the court, for further transfer by the clerk to the person, organization, association or public body or officer entitled to it.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In determining whether to order reimbursement under this section, the court shall take into account:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The financial resources of the defendant and the burden that reimbursement will impose, with due regard to the other obligations of the defendant; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The ability of the defendant to make reimbursement on an installment basis or on other conditions to be fixed by the court. [1981 c.300 §4; 1987 c.905 §13; 1993 c.543 §3; 1995 c.461 §2; 1999 c.217 §4; 2011 c.597 §121] LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.900", "name": "ORS 131.900", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.900", "sectionName": "ORS 131.900", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.900", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Liability for medical expenses for person restrained, detained or taken into custody.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["30.260", "30.300"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Liability for medical expenses for person restrained, detained or taken into custody. Except as otherwise provided by ORS 30.260 to 30.300, federal civil rights law or written agreement, the state, a county, a city, a law enforcement agency or local correctional facility thereof is not liable for charges or expenses for any medical services provided to an individual who is the object of efforts by a law enforcement officer to restrain or detain or take into custody. [1991 c.778 §8; 1993 c.196 §2] LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.905", "name": "ORS 131.905", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.905", "sectionName": "ORS 131.905", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.905", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Legislative findings. The Legislative Assembly finds and declares that:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Legislative findings. The Legislative Assembly finds and declares that: (1) Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or national origin. (2) State and local law enforcement agencies can perform their missions more effectively when all Oregonians have trust and confidence that law enforcement stops and other contacts with individuals are free from inequitable and unlawful discrimination based on race, color or national origin. (3) Representatives of community interest groups and state and local law enforcement agencies agree that collecting certain demographic data about contacts between individuals and state or local law enforcement officers will provide a statistical foundation to ensure that future contacts are free from inequitable and unlawful discrimination based on race, color or national origin. (4) Demographic data collection can establish a factual and quantifiable foundation for measuring progress in eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals, but data collection alone does not provide a sufficient basis for corrective action. Proper analysis of the demographic data and enactment of meaningful reforms in response to the results of that analysis require careful consideration of all relevant factors including the context of the community in which the data has been collected. (5) It is the goal of this state that all law enforcement agencies perform their missions without inappropriate use of race, color or national origin as the basis for law enforcement actions. This goal may be achieved by providing assistance to state and local law enforcement agencies and the communities that they serve. (6) This state shall foster, encourage and support the collection and analysis of demographic data by state and local law enforcement agencies. [2001 c.687 §5]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or national origin.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "State and local law enforcement agencies can perform their missions more effectively when all Oregonians have trust and confidence that law enforcement stops and other contacts with individuals are free from inequitable and unlawful discrimination based on race, color or national origin.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Representatives of community interest groups and state and local law enforcement agencies agree that collecting certain demographic data about contacts between individuals and state or local law enforcement officers will provide a statistical foundation to ensure that future contacts are free from inequitable and unlawful discrimination based on race, color or national origin.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Demographic data collection can establish a factual and quantifiable foundation for measuring progress in eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals, but data collection alone does not provide a sufficient basis for corrective action. Proper analysis of the demographic data and enactment of meaningful reforms in response to the results of that analysis require careful consideration of all relevant factors including the context of the community in which the data has been collected.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "It is the goal of this state that all law enforcement agencies perform their missions without inappropriate use of race, color or national origin as the basis for law enforcement actions. This goal may be achieved by providing assistance to state and local law enforcement agencies and the communities that they serve.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "This state shall foster, encourage and support the collection and analysis of demographic data by state and local law enforcement agencies. [2001 c.687 §5]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.906", "name": "Law", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.906", "sectionName": "Law", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.906", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Enforcement Contacts Policy and Data Review Committee; duties; report.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency. (7) The committee shall elect one of its members to serve as chairperson. (8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the committee shall be paid out of funds appropriated to Portland State University for purposes of the committee. (9) Portland State University shall provide administrative support staff necessary to the performance of the functions of the committee. (10) All agencies of state government, as defined in ORS 174.111, are requested to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the committee consider necessary to perform their duties. (11) The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees annually on or before December 1. (12) After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements. (13) This section does not prohibit a state or local law enforcement agency from collecting data in addition to the information listed in subsection (5) of this section"], "ors_citations": ["131.905", "292.495", "174.111"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Enforcement Contacts Policy and Data Review Committee; duties; report. (1) There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor. (2) The purpose of the committee is to receive and analyze demographic data to ensure that law enforcement agencies perform their missions without inequitable or unlawful discrimination based on race, color or national origin. (3) To achieve its purpose, the committee shall collect and analyze demographic data to: (a) Provide information to assist communities and state and local law enforcement agencies in evaluating the policies, training and procedures of law enforcement agencies regarding the treatment of individuals during stops and other contacts with law enforcement; (b) Inform state and local law enforcement agencies and communities about law enforcement practices; and (c) Provide opportunities for communities and state and local law enforcement agencies to work together to increase public trust and confidence in law enforcement and to enhance the capacity of communities and law enforcement agencies to provide more effective public safety services. (4) The committee shall: (a) Solicit demographic data concerning law enforcement stops and other contacts between state and local law enforcement agencies and individuals; (b) Publicize programs, procedures and policies from communities that have made progress toward eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals; (c) Provide technical assistance, including refinement of the minimum data elements as necessary for effective analysis, to state and local law enforcement agencies that desire to begin collecting demographic data; (d) Provide technical assistance to communities and state and local law enforcement agencies that desire to engage in local efforts to involve individuals in the establishment and implementation of programs, procedures and policies that will advance the goal of ORS 131.905; (e) Obtain resources for independent analysis and interpretation of demographic data collected by state or local law enforcement agencies; (f) Accept and analyze demographic data collected by a state or local law enforcement agency if requested by a state or local law enforcement agency and if resources are available; and (g) Report to the public the results of analyses of demographic data. (5) In carrying out its purpose, the committee may request and receive data files from participating law enforcement agencies and may analyze data for each reported contact. These data files should contain as many of the following items of information as are collected by the participating law enforcement agency: (a) The reason for the law enforcement stop or other contact; (b) The law enforcement officer’s perception of the race, color or national origin of the individual involved in the contact; (c) The individual’s gender; (d) The individual’s age; (e) Whether a search was conducted in connection with the contact, and if so, what resulted from the search; (f) The disposition of the law enforcement action, if any, resulting from the contact; and (g) Additional data as recommended by the committee that state and local law enforcement agencies should collect and submit. (6) Data received by the committee for analysis under this section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency. (7) The committee shall elect one of its members to serve as chairperson. (8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the committee shall be paid out of funds appropriated to Portland State University for purposes of the committee. (9) Portland State University shall provide administrative support staff necessary to the performance of the functions of the committee. (10) All agencies of state government, as defined in ORS 174.111, are requested to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the committee consider necessary to perform their duties. (11) The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees annually on or before December 1. (12) After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements. (13) This section does not prohibit a state or local law enforcement agency from collecting data in addition to the information listed in subsection (5) of this section. [2001 c.687 §6; 2007 c.190 §2; 2009 c.859 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The purpose of the committee is to receive and analyze demographic data to ensure that law enforcement agencies perform their missions without inequitable or unlawful discrimination based on race, color or national origin.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "To achieve its purpose, the committee shall collect and analyze demographic data to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Provide information to assist communities and state and local law enforcement agencies in evaluating the policies, training and procedures of law enforcement agencies regarding the treatment of individuals during stops and other contacts with law enforcement;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Inform state and local law enforcement agencies and communities about law enforcement practices; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Provide opportunities for communities and state and local law enforcement agencies to work together to increase public trust and confidence in law enforcement and to enhance the capacity of communities and law enforcement agencies to provide more effective public safety services.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The committee shall:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Solicit demographic data concerning law enforcement stops and other contacts between state and local law enforcement agencies and individuals;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Publicize programs, procedures and policies from communities that have made progress toward eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Provide technical assistance, including refinement of the minimum data elements as necessary for effective analysis, to state and local law enforcement agencies that desire to begin collecting demographic data;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Provide technical assistance to communities and state and local law enforcement agencies that desire to engage in local efforts to involve individuals in the establishment and implementation of programs, procedures and policies that will advance the goal of ORS 131.905;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Obtain resources for independent analysis and interpretation of demographic data collected by state or local law enforcement agencies;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "Accept and analyze demographic data collected by a state or local law enforcement agency if requested by a state or local law enforcement agency and if resources are available; and", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Report to the public the results of analyses of demographic data.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "In carrying out its purpose, the committee may request and receive data files from participating law enforcement agencies and may analyze data for each reported contact. These data files should contain as many of the following items of information as are collected by the participating law enforcement agency: of this section. [2001 c.687 §6; 2007 c.190 §2; 2009 c.859 §1]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The reason for the law enforcement stop or other contact;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The law enforcement officer’s perception of the race, color or national origin of the individual involved in the contact;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The individual’s gender;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The individual’s age;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Whether a search was conducted in connection with the contact, and if so, what resulted from the search;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "The disposition of the law enforcement action, if any, resulting from the contact; and", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Additional data as recommended by the committee that state and local law enforcement agencies should collect and submit.", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Data received by the committee for analysis under this section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "The committee shall elect one of its members to serve as chairperson.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "Members of the committee who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the committee shall be paid out of funds appropriated to Portland State University for purposes of the committee.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "Portland State University shall provide administrative support staff necessary to the performance of the functions of the committee.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "All agencies of state government, as defined in ORS 174.111, are requested to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the committee consider necessary to perform their duties.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees annually on or before December 1.", "subsections": []}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements.", "subsections": []}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "This section does not prohibit a state or local law enforcement agency from collecting data in addition to the information listed in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.908", "name": "ORS 131.908", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.908", "sectionName": "ORS 131.908", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.908", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Funding contributions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Funding contributions. Portland State University may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the Law Enforcement Contacts Policy and Data Review Committee. [2001 c.687 §8; 2007 c.190 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.909", "name": "Moneys", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.909", "sectionName": "Moneys", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.909", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "received.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.908", "131.906"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "received. All moneys received by Portland State University under ORS 131.908 shall be paid into the State Treasury and deposited into the General Fund to the credit of Portland State University. Such moneys are appropriated continuously to Portland State University for the purposes of ORS 131.906. [2001 c.687 §9; 2007 c.190 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.910", "name": "ORS 131.910", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.910", "sectionName": "ORS 131.910", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.910", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[2001 c.687 §10;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[2001 c.687 §10; repealed by 2017 c.532 §16] LAW ENFORCEMENT PROFILING (Complaint Procedures)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.915", "name": "ORS 131.915", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.915", "sectionName": "ORS 131.915", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.915", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Definitions. As used in ORS 131.915 to 131.925:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.915", "131.925", "174.100", "352.121", "353.125", "1.177", "471.775"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions. As used in ORS 131.915 to 131.925: (1) “Gender identity” has the meaning given that term in ORS 174.100. (2) “Law enforcement agency” means: (a) The Department of State Police; (b) The Department of Justice; (c) A district attorney’s office; and (d) Any of the following that maintains a law enforcement unit as defined in ORS 181A.355: (A) A political subdivision or an instrumentality of the State of Oregon. (B) A municipal corporation of the State of Oregon. (C) A tribal government. (D) A university. (3) “Law enforcement officer” means: (a) A member of the Oregon State Police; (b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 or 353.125; (c) An investigator of a district attorney’s office if the investigator is or has been certified as a law enforcement officer in this or any other state; (d) An investigator of the Criminal Justice Division of the Department of Justice; (e) A humane special agent as defined in ORS 181A.345; (f) A judicial marshal of the Marshal’s Office of the Judicial Department who is appointed under ORS 1.177 and trained pursuant to ORS 181A.540; (g) A regulatory specialist exercising authority described in ORS 471.775 (2); or (h) An authorized tribal police officer as defined in ORS 181A.940. (4) “Profiling” means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law. (5) “Sexual orientation” has the meaning given that term in ORS 174.100. [2015 c.681 §1; 2017 c.17 §7; 2017 c.706 §6; 2021 c.173 §3; 2021 c.367 §8]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Gender identity” has the meaning given that term in ORS 174.100.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Law enforcement agency” means: ; or", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The Department of State Police;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The Department of Justice;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A district attorney’s office; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Any of the following that maintains a law enforcement unit as defined in ORS 181A.355:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "A political subdivision or an instrumentality of the State of Oregon.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A municipal corporation of the State of Oregon.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A tribal government.", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "A university.", "subsections": []}]}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "An authorized tribal police officer as defined in ORS 181A.940.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Law enforcement officer” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A member of the Oregon State Police;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 or 353.125;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "An investigator of a district attorney’s office if the investigator is or has been certified as a law enforcement officer in this or any other state;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "An investigator of the Criminal Justice Division of the Department of Justice;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A humane special agent as defined in ORS 181A.345;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A judicial marshal of the Marshal’s Office of the Judicial Department who is appointed under ORS 1.177 and trained pursuant to ORS 181A.540;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "A regulatory specialist exercising authority described in ORS 471.775", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Profiling” means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "“Sexual orientation” has the meaning given that term in ORS 174.100. [2015 c.681 §1; 2017 c.17 §7; 2017 c.706 §6; 2021 c.173 §3; 2021 c.367 §8]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.920", "name": "ORS 131.920", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.920", "sectionName": "ORS 131.920", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.920", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Policies and procedures prohibiting profiling.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Policies and procedures prohibiting profiling. (1) All law enforcement agencies shall have written policies and procedures prohibiting profiling. The policies and procedures shall, at a minimum, include: (a) A prohibition on profiling; (b) Procedures allowing a complaint alleging profiling to be made to the agency: (A) In person; (B) In a writing signed by the complainant and delivered by hand, postal mail, facsimile or electronic mail; or (C) By telephone, anonymously or through a third party; (c) The provision of appropriate forms to use for submitting complaints alleging profiling; (d) Procedures for submitting a copy of each profiling complaint to the Law Enforcement Contacts Policy and Data Review Committee and for receiving profiling complaints forwarded from the committee; and (e) Procedures for investigating all complaints alleging profiling. (2) A law enforcement agency shall: (a) Investigate all complaints alleging profiling that are received by the agency or forwarded from the committee. (b) Accept for investigation a complaint alleging profiling that is made to the agency within 180 days of the alleged profiling incident. (c) Respond to every complaint alleging profiling within a reasonable time after the conclusion of the investigation. The response must contain a statement of the final disposition of the complaint. [2015 c.681 §2; 2015 c.681 §6; 2017 c.706 §7]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "All law enforcement agencies shall have written policies and procedures prohibiting profiling. The policies and procedures shall, at a minimum, include:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A prohibition on profiling;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Procedures allowing a complaint alleging profiling to be made to the agency:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "In person;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "In a writing signed by the complainant and delivered by hand, postal mail, facsimile or electronic mail; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "By telephone, anonymously or through a third party;", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The provision of appropriate forms to use for submitting complaints alleging profiling;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Procedures for submitting a copy of each profiling complaint to the Law Enforcement Contacts Policy and Data Review Committee and for receiving profiling complaints forwarded from the committee; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Procedures for investigating all complaints alleging profiling.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A law enforcement agency shall:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Investigate all complaints alleging profiling that are received by the agency or forwarded from the committee.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Accept for investigation a complaint alleging profiling that is made to the agency within 180 days of the alleged profiling incident.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Respond to every complaint alleging profiling within a reasonable time after the conclusion of the investigation. The response must contain a statement of the final disposition of the complaint. [2015 c.681 §2; 2015 c.681 §6; 2017 c.706 §7]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.925", "name": "ORS 131.925", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.925", "sectionName": "ORS 131.925", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.925", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Complaints alleging profiling; complaint form.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["192.355", "131.920", "807.750"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Complaints alleging profiling; complaint form. (1)(a) A law enforcement agency shall provide to the Law Enforcement Contacts Policy and Data Review Committee information concerning each complaint the agency receives alleging profiling, and shall notify the committee of the disposition of the complaint, in the manner described in this subsection. (b) The law enforcement agency shall submit to the committee a profiling complaint report form summarizing each profiling complaint and the disposition of the complaint, and a copy of each profiling complaint, once each year no later than January 31. (c) The law enforcement agency shall submit the form described in paragraph (b) of this subsection even if the agency has not received any profiling complaints. (d) The profiling complaint report form and copies of profiling complaints submitted to the committee may not include personal information concerning the complainant or a law enforcement officer except as to any personal information recorded on the form as described in subsection (4)(c) of this section. (2)(a) A person may submit to the committee a complaint alleging profiling and the committee shall receive the complaints. (b) The committee also shall receive complaints alleging profiling that are forwarded from a law enforcement agency. (c) The committee shall forward a copy of each profiling complaint the committee receives to the law enforcement agency employing the officer that is the subject of the complaint. The forwarded complaint must include the name of the complainant unless the complainant requests to remain anonymous, in which case the complainant’s name must be redacted. (3)(a) The committee may not release any personal information concerning a complainant or a law enforcement officer who is the subject of a profiling complaint. (b) The personal information of complainants and of law enforcement officers who are the subject of profiling complaints are exempt from public disclosure under ORS 192.355. (4) The Department of State Police shall develop a standardized profiling complaint report form. The form must provide for recording the following information: (a) A summary of total complaints and a certification that a law enforcement agency’s profiling policy conforms to ORS 131.920; (b) A summary of each complaint received by the law enforcement agency, including the date, time and location of the incident and the disposition of the complaint; and (c) To the extent known, the complainant’s gender, gender identity, age, race, ethnicity, sexual orientation, primary language, national origin, religion, political affiliation, homeless status and disability status, recorded in a manner that does not identify the complainant. (5) As used in this section, “personal information” has the meaning given that term in ORS 807.750. [2015 c.681 §3; 2017 c.706 §5] (Data Collection and Analysis)", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) A law enforcement agency shall provide to the Law Enforcement Contacts Policy and Data Review Committee information concerning each complaint the agency receives alleging profiling, and shall notify the committee of the disposition of the complaint, in the manner described in this subsection.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The law enforcement agency shall submit to the committee a profiling complaint report form summarizing each profiling complaint and the disposition of the complaint, and a copy of each profiling complaint, once each year no later than January 31. of this subsection even if the agency has not received any profiling complaints.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The law enforcement agency shall submit the form described in paragraph", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The profiling complaint report form and copies of profiling complaints submitted to the committee may not include personal information concerning the complainant or a law enforcement officer except as to any personal information recorded on the form as described in subsection", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(c) of this section. The Department of State Police shall develop a standardized profiling complaint report form. The form must provide for recording the following information:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A summary of total complaints and a certification that a law enforcement agency’s profiling policy conforms to ORS 131.920;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A summary of each complaint received by the law enforcement agency, including the date, time and location of the incident and the disposition of the complaint; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "To the extent known, the complainant’s gender, gender identity, age, race, ethnicity, sexual orientation, primary language, national origin, religion, political affiliation, homeless status and disability status, recorded in a manner that does not identify the complainant.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) A person may submit to the committee a complaint alleging profiling and the committee shall receive the complaints.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The committee also shall receive complaints alleging profiling that are forwarded from a law enforcement agency.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The committee shall forward a copy of each profiling complaint the committee receives to the law enforcement agency employing the officer that is the subject of the complaint. The forwarded complaint must include the name of the complainant unless the complainant requests to remain anonymous, in which case the complainant’s name must be redacted.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) The committee may not release any personal information concerning a complainant or a law enforcement officer who is the subject of a profiling complaint.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The personal information of complainants and of law enforcement officers who are the subject of profiling complaints are exempt from public disclosure under ORS 192.355.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "As used in this section, “personal information” has the meaning given that term in ORS 807.750. [2015 c.681 §3; 2017 c.706 §5] (Data Collection and Analysis)", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.930", "name": "ORS 131.930", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.930", "sectionName": "ORS 131.930", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.930", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Definitions. As used in ORS 131.930 to 131.945:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.930", "131.945", "174.100"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions. As used in ORS 131.930 to 131.945: (1) “Gender identity” has the meaning given that term in ORS 174.100. (2) “Law enforcement agency” means an agency employing law enforcement officers to enforce criminal laws. (3) “Law enforcement officer” means a member of the Oregon State Police, a sheriff or a municipal police officer. (4) “Officer-initiated pedestrian stop” means a detention of a pedestrian by a law enforcement officer that is not associated with a call for service. The term does not apply to detentions for routine searches performed at the point of entry to or exit from a controlled area. (5) “Officer-initiated traffic stop” means a detention of a driver of a motor vehicle by a law enforcement officer, not associated with a call for service, for the purpose of investigating a suspected violation of the Oregon Vehicle Code. (6) “Profiling” means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law. (7) “Sexual orientation” has the meaning given that term in ORS 174.100. [2017 c.706 §1; 2019 c.305 §1; 2021 c.367 §9]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Gender identity” has the meaning given that term in ORS 174.100.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Law enforcement agency” means an agency employing law enforcement officers to enforce criminal laws.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Law enforcement officer” means a member of the Oregon State Police, a sheriff or a municipal police officer.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Officer-initiated pedestrian stop” means a detention of a pedestrian by a law enforcement officer that is not associated with a call for service. The term does not apply to detentions for routine searches performed at the point of entry to or exit from a controlled area.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "“Officer-initiated traffic stop” means a detention of a driver of a motor vehicle by a law enforcement officer, not associated with a call for service, for the purpose of investigating a suspected violation of the Oregon Vehicle Code.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "“Profiling” means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "“Sexual orientation” has the meaning given that term in ORS 174.100. [2017 c.706 §1; 2019 c.305 §1; 2021 c.367 §9]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.935", "name": "ORS 131.935", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.935", "sectionName": "ORS 131.935", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.935", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Collection of officer-initiated stop data; use of data; rules.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section as follows", "section shall be used only for statistical purposes and not for any other purpose. The data may not contain information that reveals the identity of any stopped individual or the identity of any law enforcement officer. Data collected by law enforcement agencies or held by the Oregon Criminal Justice Commission under this section that may reveal the identity of any stopped individual or the identity of any law enforcement officer is exempt from public disclosure in any manner. (7) The Department of Justice, the Department of Public Safety Standards and Training and the Department of State Police may adopt rules to carry out the provisions of ORS 131.930 to 131.945"], "ors_citations": ["131.930", "131.945"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Collection of officer-initiated stop data; use of data; rules. (1) No later than July 1, 2018, the Oregon Criminal Justice Commission, in consultation with the Department of State Police and the Department of Justice, shall develop and implement a standardized method to be used by law enforcement officers to record officer-initiated pedestrian stop and officer-initiated traffic stop data. The standardized method must require, and any form developed and used pursuant to the standardized method must provide for, the following data to be recorded for each stop: (a) The date and time of the stop; (b) The location of the stop; (c) The race, ethnicity, age and sex of the pedestrian or the operator of the motor vehicle stopped, based on the observations of the law enforcement officer responsible for reporting the stop; (d) The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and (e) The disposition of the stop, including whether a warning, citation or summons was issued, whether a search was conducted, the type of search conducted, whether anything was found as a result of the search and whether an arrest was made. (2) No later than July 1, 2018, the Department of Public Safety Standards and Training, in consultation with law enforcement agencies, shall develop and implement training and procedures to facilitate the collection of officer-initiated pedestrian and traffic stop data pursuant to subsection (1) of this section. (3) Beginning on the dates described in subsection (4) of this section, all law enforcement agencies that engage in officer-initiated pedestrian or traffic stops shall record and retain the following data for each stop: (a) The date and time of the stop; (b) The location of the stop; (c) The race, ethnicity, age and sex of the pedestrian or the operator of the motor vehicle stopped, based on the observations of the law enforcement officer responsible for reporting the stop; (d) The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and (e) The disposition of the stop, including whether a warning, citation or summons was issued, whether a search was conducted, the type of search conducted, whether anything was found as a result of the search and whether an arrest was made. (4) Each law enforcement agency shall begin recording the data described in subsection (3) of this section as follows: (a) An agency that employs 100 or more law enforcement officers shall begin recording no later than July 1, 2018. (b) An agency that employs between 25 and 99 law enforcement officers shall begin recording no later than July 1, 2019. (c) An agency that employs between one and 24 law enforcement officers shall begin recording no later than July 1, 2020. (5) Each law enforcement agency that engages in officer-initiated traffic or pedestrian stops shall report to the Oregon Criminal Justice Commission the data recorded pursuant to subsection (3) of this section as follows: (a) An agency that employs 100 or more law enforcement officers shall report no later than July 1, 2019, and at least annually thereafter. (b) An agency that employs between 25 and 99 law enforcement officers shall report no later than July 1, 2020, and at least annually thereafter. (c) An agency that employs between one and 24 law enforcement officers shall report no later than July 1, 2021, and at least annually thereafter. (6) Data acquired under this section shall be used only for statistical purposes and not for any other purpose. The data may not contain information that reveals the identity of any stopped individual or the identity of any law enforcement officer. Data collected by law enforcement agencies or held by the Oregon Criminal Justice Commission under this section that may reveal the identity of any stopped individual or the identity of any law enforcement officer is exempt from public disclosure in any manner. (7) The Department of Justice, the Department of Public Safety Standards and Training and the Department of State Police may adopt rules to carry out the provisions of ORS 131.930 to 131.945. [2017 c.706 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "No later than July 1, 2018, the Oregon Criminal Justice Commission, in consultation with the Department of State Police and the Department of Justice, shall develop and implement a standardized method to be used by law enforcement officers to record officer-initiated pedestrian stop and officer-initiated traffic stop data. The standardized method must require, and any form developed and used pursuant to the standardized method must provide for, the following data to be recorded for each stop: of this section.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The date and time of the stop;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The location of the stop;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The race, ethnicity, age and sex of the pedestrian or the operator of the motor vehicle stopped, based on the observations of the law enforcement officer responsible for reporting the stop;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The disposition of the stop, including whether a warning, citation or summons was issued, whether a search was conducted, the type of search conducted, whether anything was found as a result of the search and whether an arrest was made.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "No later than July 1, 2018, the Department of Public Safety Standards and Training, in consultation with law enforcement agencies, shall develop and implement training and procedures to facilitate the collection of officer-initiated pedestrian and traffic stop data pursuant to subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Beginning on the dates described in subsection of this section as follows:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An agency that employs 100 or more law enforcement officers shall begin recording no later than July 1, 2018. An agency that employs 100 or more law enforcement officers shall report no later than July 1, 2019, and at least annually thereafter.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An agency that employs between 25 and 99 law enforcement officers shall begin recording no later than July 1, 2019. An agency that employs between 25 and 99 law enforcement officers shall report no later than July 1, 2020, and at least annually thereafter.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "An agency that employs between one and 24 law enforcement officers shall begin recording no later than July 1, 2020. An agency that employs between one and 24 law enforcement officers shall report no later than July 1, 2021, and at least annually thereafter.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, all law enforcement agencies that engage in officer-initiated pedestrian or traffic stops shall record and retain the following data for each stop: Each law enforcement agency shall begin recording the data described in subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The date and time of the stop;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The location of the stop;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The race, ethnicity, age and sex of the pedestrian or the operator of the motor vehicle stopped, based on the observations of the law enforcement officer responsible for reporting the stop;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The disposition of the stop, including whether a warning, citation or summons was issued, whether a search was conducted, the type of search conducted, whether anything was found as a result of the search and whether an arrest was made.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Each law enforcement agency that engages in officer-initiated traffic or pedestrian stops shall report to the Oregon Criminal Justice Commission the data recorded pursuant to subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Data acquired under this section shall be used only for statistical purposes and not for any other purpose. The data may not contain information that reveals the identity of any stopped individual or the identity of any law enforcement officer. Data collected by law enforcement agencies or held by the Oregon Criminal Justice Commission under this section that may reveal the identity of any stopped individual or the identity of any law enforcement officer is exempt from public disclosure in any manner.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "The Department of Justice, the Department of Public Safety Standards and Training and the Department of State Police may adopt rules to carry out the provisions of ORS 131.930 to 131.945. [2017 c.706 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.940", "name": "ORS 131.940", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.940", "sectionName": "ORS 131.940", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.940", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Analysis of stop data to identify profiling; report.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.935", "192.245"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Analysis of stop data to identify profiling; report. (1) The Oregon Criminal Justice Commission shall review all data, including the prevalence and disposition of officer-initiated pedestrian and traffic stops, reported by law enforcement agencies pursuant to ORS 131.935 in order to identify patterns or practices of profiling. (2) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to review the data as described in subsection (1) of this section. (3) No later than December 1, 2019, and annually thereafter, the commission shall report the results of the review to the Governor, the Department of Public Safety Standards and Training and, in the manner provided in ORS 192.245, to the committees or interim committees of the Legislative Assembly related to the judiciary. [2017 c.706 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The Oregon Criminal Justice Commission shall review all data, including the prevalence and disposition of officer-initiated pedestrian and traffic stops, reported by law enforcement agencies pursuant to ORS 131.935 in order to identify patterns or practices of profiling. of this section.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to review the data as described in subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "No later than December 1, 2019, and annually thereafter, the commission shall report the results of the review to the Governor, the Department of Public Safety Standards and Training and, in the manner provided in ORS 192.245, to the committees or interim committees of the Legislative Assembly related to the judiciary. [2017 c.706 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.945", "name": "ORS 131.945", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.945", "sectionName": "ORS 131.945", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.945", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "Training for law enforcement agencies; presentation to local public safety coordinating council.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.940", "192.610", "192.705"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Training for law enforcement agencies; presentation to local public safety coordinating council. (1) The Department of Public Safety Standards and Training shall receive and review reports provided to the department by the Oregon Criminal Justice Commission pursuant to ORS 131.940. (2) Upon receipt of a report described in subsection (1) of this section, the department may provide advice or technical assistance to any law enforcement agency mentioned within the report. Any advice or technical assistance provided shall be based on best practices in policing as determined by the Oregon Center for Policing Excellence established in ORS 181A.660. (3) Upon providing advice or technical assistance under this section, the department shall, within a reasonable amount of time, present a summary of the advice and assistance given to the local public safety coordinating council in the county in which the assisted law enforcement agency is located. If the assisted law enforcement agency is the Oregon State Police, the presentation shall occur in Marion County. The presentation shall be open to the public, feature live testimony by presenters and be held in accordance with ORS 192.610 to 192.705. [2017 c.706 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The Department of Public Safety Standards and Training shall receive and review reports provided to the department by the Oregon Criminal Justice Commission pursuant to ORS 131.940. of this section, the department may provide advice or technical assistance to any law enforcement agency mentioned within the report. Any advice or technical assistance provided shall be based on best practices in policing as determined by the Oregon Center for Policing Excellence established in ORS 181A.660.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Upon receipt of a report described in subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Upon providing advice or technical assistance under this section, the department shall, within a reasonable amount of time, present a summary of the advice and assistance given to the local public safety coordinating council in the county in which the assisted law enforcement agency is located. If the assisted law enforcement agency is the Oregon State Police, the presentation shall occur in Marion County. The presentation shall be open to the public, feature live testimony by presenters and be held in accordance with ORS 192.610 to 192.705. [2017 c.706 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 131.990", "name": "ORS 131.990", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-131"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "131", "titleName": ". Preliminary", "chapterNumber": "131", "chapterName": ". Preliminary", "sectionNumber": "131.990", "sectionName": "ORS 131.990", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors131.html#section-131.990", "chapter": {"chapter_label": "131", "chapter_name": ". Preliminary", "chapter_inferred": true}, "preamble": "[Formerly 145.990;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["145.990"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 145.990; repealed by 1987 c.526 §2] _______________", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.010", "name": "ORS 132.010", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.010", "sectionName": "ORS 132.010", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.010", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Composition.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["10.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.020", "name": "ORS 132.020", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.020", "sectionName": "ORS 132.020", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.020", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Selection of grand juries; law applicable to additional jury; when inquiry void.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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. of this section.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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 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.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Any law applicable to the grand jury is equally applicable to any additional grand jury selected under subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "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]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.030", "name": "ORS 132.030", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.030", "sectionName": "ORS 132.030", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.030", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Challenge of juror prohibited;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["10.010", "10.050"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.040", "name": "ORS 132.040", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.040", "sectionName": "ORS 132.040", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.040", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.050", "name": "ORS 132.050", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.050", "sectionName": "ORS 132.050", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.050", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Foreman;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.060", "name": "Oath", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.060", "sectionName": "Oath", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.060", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "or affirmation of jurors.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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. ______________________________________________________________________________", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.070", "name": "Charge", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.070", "sectionName": "Charge", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.070", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "of court.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.080", "name": "ORS 132.080", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.080", "sectionName": "ORS 132.080", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.080", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "[Repealed by 2017 c.650 §14]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 2017 c.650 §14]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.090", "name": "ORS 132.090", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.090", "sectionName": "ORS 132.090", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.090", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Presence of persons at sittings or deliberations of jury; interpreters.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["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"], "ors_citations": ["132.250", "132.260", "45.291", "45.288", "427.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsections", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "and 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.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "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. 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.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "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:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Documentary evidence of intellectual functioning; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "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]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.100", "name": "Oath", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.100", "sectionName": "Oath", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.100", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "to witness before grand jury.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.110", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.110", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.110", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "juror discharged; replacement; proceeding with lesser number. After the formation of the grand jury and before it is discharged, the court may:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Discharge a grand juror who:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Becomes sick, is out of the county or fails to appear when the grand jury is summoned to reconvene;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "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", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Is unable to continue in the discharge of duties.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Allow at least five grand jurors to proceed upon good cause shown. [Amended by 1973 c.836 §41; 1985 c.703 §25]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.120", "name": "Jury", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.120", "sectionName": "Jury", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.120", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "service term;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.130", "name": "ORS 132.130", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.130", "sectionName": "ORS 132.130", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.130", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358] GRAND JUROR IN LATER PROCEEDINGS", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358] GRAND JUROR IN LATER PROCEEDINGS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.210", "name": "ORS 132.210", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.210", "sectionName": "ORS 132.210", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.210", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Immunity of jurors as to official conduct.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.220", "name": "ORS 132.220", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.220", "sectionName": "ORS 132.220", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.220", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Disclosure by juror of testimony of witness examined by jury. A member of a grand jury may be required by any court to disclose:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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] GRAND JURY PROCEDURES (Recording of Grand Jury Proceedings)", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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] GRAND JURY PROCEDURES (Recording of Grand Jury Proceedings)", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.250", "name": "ORS 132.250", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.250", "sectionName": "ORS 132.250", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.250", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "District attorney to ensure proceedings are recorded; electronic recording equipment; shorthand reporter; rules.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and ORS"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(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", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.260", "name": ":", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.260", "sectionName": ":", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.260", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "(a) May not be used as evidence in any subsequent proceeding, except as permitted under ORS 40.375, 40.380, 40.450, 40.460 or 40.465.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not affect discovery obligations under ORS 135.805 to 135.873. (9) As used in this section"], "ors_citations": ["40.375", "40.380", "40.450", "40.460", "40.465", "135.805", "135.873", "706.008"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "(a) May not be used as evidence in any subsequent proceeding, except as permitted under ORS 40.375, 40.380, 40.450, 40.460 or 40.465. (b) May not be used to challenge the indorsement of an indictment “a true bill” or the proceedings that led to the indorsement. (c) May be used as evidence in a prosecution for perjury or false swearing committed by a witness while giving testimony during the grand jury proceeding or during trial. (d) May be used as evidence in a proceeding for contempt of court against a person alleged to have violated the terms of a court order concerning the audio recording, notes, report or transcript. (e) May be submitted to the court and used as evidence for a hearing on a protective order described in subsection (4) of this section. (8) The release of audio recordings, shorthand reporter notes or reports or transcripts of grand jury proceedings under this section does not affect discovery obligations under ORS 135.805 to 135.873. (9) As used in this section: (a) “Personal identifiers” means: (A) In relation to a witness or a grand juror, the person’s address, telephone number, driver license, vehicle registration information, Social Security number, date of birth and the identifying number of the person’s depository account at a financial institution, as defined in ORS 706.008, or credit card account. (B) In relation to a victim, the victim’s address, electronic mail address, telephone number, driver license, vehicle registration information, Social Security number, date of birth, any user names or other identifying information associated with the victim’s social media accounts and the identifying number of the victim’s depository account at a financial institution, as defined in ORS 706.008, or credit card account. (b) “Social media” has the meaning given that term in ORS 659A.330. [2017 c.650 §3; 2017 c.650 §11; 2025 c.375 §2] (Indictment Procedures)", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "May not be used as evidence in any subsequent proceeding, except as permitted under ORS 40.375, 40.380, 40.450, 40.460 or 40.465.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "May not be used to challenge the indorsement of an indictment “a true bill” or the proceedings that led to the indorsement.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "May be used as evidence in a prosecution for perjury or false swearing committed by a witness while giving testimony during the grand jury proceeding or during trial.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "May be used as evidence in a proceeding for contempt of court against a person alleged to have violated the terms of a court order concerning the audio recording, notes, report or transcript.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "May be submitted to the court and used as evidence for a hearing on a protective order described in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "The release of audio recordings, shorthand reporter notes or reports or transcripts of grand jury proceedings under this section does not affect discovery obligations under ORS 135.805 to 135.873.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Personal identifiers” means:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "In relation to a witness or a grand juror, the person’s address, telephone number, driver license, vehicle registration information, Social Security number, date of birth and the identifying number of the person’s depository account at a financial institution, as defined in ORS 706.008, or credit card account.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "In relation to a victim, the victim’s address, electronic mail address, telephone number, driver license, vehicle registration information, Social Security number, date of birth, any user names or other identifying information associated with the victim’s social media accounts and the identifying number of the victim’s depository account at a financial institution, as defined in ORS 706.008, or credit card account.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Social media” has the meaning given that term in ORS 659A.330. [2017 c.650 §3; 2017 c.650 §11; 2025 c.375 §2] (Indictment Procedures)", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.270", "name": "ORS 132.270", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.270", "sectionName": "ORS 132.270", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.270", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Release and use of recording, transcript, notes or report; protective orders; fees.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section has not been filed", "section and ORS 132.250 and"], "ors_citations": ["132.250", "132.260", "162.005", "131.505"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Release and use of recording, transcript, notes or report; protective orders; fees. (1) Audio recordings and the notes or report of a shorthand reporter produced pursuant to ORS 132.250 and 132.260 are confidential and may not be released except as described in this section. (2) When an indictment resulting from grand jury proceedings is indorsed “a true bill,” the audio recording or the notes or report of a shorthand reporter of the grand jury proceedings may be released only in the following manner: (a) The prosecuting attorney may access a copy of the audio recording or the notes or report of a shorthand reporter at any time. (b) When the defendant has been arraigned on the indictment and is represented by an attorney, the prosecuting attorney shall make an expedited determination on whether to file a motion for a protective order under subsection (4)(a)(A) of this section, including whether to file an order on behalf of a victim or witness. If the prosecuting attorney decides not to file a motion for a protective order and the decision is made within 10 days after the arraignment on the indictment, the prosecuting attorney shall file a certification of the decision with the court and shall immediately provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to the defense attorney. If the prosecuting attorney has not filed a certification under this paragraph within 10 days after the arraignment, or decides to file a motion for a protective order, the prosecuting attorney shall: (A) Provide a copy to the defense attorney of all audio recordings, or the notes or report of a shorthand reporter, related to an indictment after 10 days have passed since the defendant’s arraignment on the indictment, if a motion described in subsection (4) of this section has not been filed; or (B) Provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to the defense attorney in accordance with the court’s ruling on the motion described in subsection (4) of this section, if a motion has been filed. (c) Unless the court orders otherwise for good cause shown, the prosecuting attorney and the defense attorney may not copy, disseminate or republish the audio recording, the notes or report of a shorthand reporter, or a transcript prepared from the audio recording, notes or report, released pursuant to this subsection, except to provide a copy to an agent of the prosecuting attorney or defense attorney for the limited purpose of case preparation. Unless a court orders otherwise for good cause shown, in consulting with the defendant the defense attorney may not disclose to the defendant: (A) Any personal identifiers of a victim, witness or grand juror obtained from the audio recording, report, notes or transcript; or (B) Any portion of the audio recording, report, notes or transcript that contains any personal identifiers of a victim, witness or grand juror. (d) The defense attorney may not provide a copy of the audio recording, notes or report, or a transcript prepared from the audio recording, notes or report, to the defendant. (e) When the defendant has been arraigned but is not represented by an attorney, the defendant may request by motion that the court issue an order allowing the defendant access to review the contents of the audio recording or the notes or report of the shorthand reporter. A copy of the motion must be provided to the prosecuting attorney. The prosecuting attorney may request a hearing on the motion within 10 days after receiving a copy. At the hearing, or in response to receiving the motion, the court shall appoint counsel for the defendant for the limited purpose of reviewing the audio recording, notes or report and may set reasonable conditions on the review of the audio recording, notes or report. (3)(a) When a grand jury inquires into the conduct of a public servant as defined in ORS 162.005 for acts occurring in the performance of the public servant’s duties, and an indictment resulting from the grand jury proceedings is indorsed “not a true bill”: (A) The public servant or the prosecuting attorney may file a motion requesting a court order releasing all or a portion of a transcript of the grand jury proceedings. A copy of the motion must be served on the opposing party. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript. (B) A member of the public may file a motion requesting a court order for production and release of a transcript of the grand jury proceedings. A copy of the motion must be served on the prosecuting attorney and the public servant’s attorney, or the public servant if the public servant is not represented by an attorney. The person filing the motion is responsible for the cost of producing the transcript and a court order for production and release of the transcript must be conditioned on receipt of payment. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript. (b) The release of any transcript under this subsection may not include: (A) The release of any personal identifiers of a victim or witness; or (B) The release of the name or any personal identifiers of a grand juror. (4)(a) A motion for a protective order concerning an audio recording, the notes or report of a shorthand reporter or a transcript of grand jury proceedings may be filed as follows: (A) Except when the prosecuting attorney has filed a certification of the decision to not file a motion for a protective order under subsection (2)(b) of this section, the prosecuting attorney may file a motion for a protective order within 10 days after the defendant’s arraignment on the indictment. The motion may be filed on behalf of a victim or a witness. The prosecuting attorney shall inform the victim of the ability to seek a protective order. (B) The prosecuting attorney may file a motion for a protective order within 10 days after receiving a motion described in subsection (2)(e) of this section. (C) The prosecuting attorney, the public servant who is the subject of an indictment indorsed “not a true bill” or the public servant’s attorney may file a motion for a protective order within 10 days of receiving a motion described in subsection (3)(a) of this section. (b) If the motion for a protective order requests that a portion of the audio recording, notes, report or transcript be redacted, the motion must be accompanied by a specific description, including the date and time, of the portion of the audio recording, notes, report or transcript to be redacted. (c) In response to a motion filed under this subsection, the court may order that the access of the person requesting release to a copy of the audio recording, notes, report or transcript be denied, restricted or deferred, or may make any other order, upon a finding of substantial and compelling circumstances. In deciding whether to grant the motion and enter a protective order under this paragraph, the court may consider the following: (A) Protection of witnesses and others from physical harm, threats of harm, bribes, economic interference, reprisal and other forms of intimidation; (B) Maintenance of secrecy regarding informants, as required for effective investigation of criminal activity; (C) Confidential information recognized under law, including the protection of confidential relationships and privileges and the contents of confidential records unrelated to a crime alleged in the indictment; and (D) Any other relevant considerations. (d) The court may permit the evidence of substantial and compelling circumstances described in paragraph (c) of this subsection to be made in the form of a written statement to be inspected by the court only or by oral testimony given on the record. (5)(a) Except as provided in paragraph (b) of this subsection, when grand jury proceedings do not result in an indictment indorsed as either “a true bill” or “not a true bill,” the audio recording or notes or report of the shorthand reporter produced pursuant to ORS 132.250 and 132.260 may not be disclosed or released. (b) When subsequent grand jury proceedings occur inquiring into the same criminal episode as the grand jury proceedings described in paragraph (a) of this subsection, and the subsequent proceedings result in an indictment indorsed as “a true bill,” the prosecuting attorney shall provide notice to the person charged in the indictment of the occurrence of the earlier grand jury proceedings. After the person is arraigned on the indictment, the audio recording or the notes or report of the shorthand reporter produced during the earlier grand jury proceedings may be obtained in the manner set forth in subsection (2) of this section. (c) As used in this subsection, “criminal episode” has the meaning given that term in ORS 131.505. (6) The district attorney of each county may establish a fee for the cost of providing a copy of any audio recording, or the notes or report of a shorthand reporter, of a grand jury proceeding to a person requesting a copy under this section. (7) An audio recording, the notes or report of a shorthand reporter or a transcript of a grand jury proceeding obtained pursuant to this section and ORS 132.250 and", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Audio recordings and the notes or report of a shorthand reporter produced pursuant to ORS 132.250 and 132.260 are confidential and may not be released except as described in this section.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When an indictment resulting from grand jury proceedings is indorsed “a true bill,” the audio recording or the notes or report of a shorthand reporter of the grand jury proceedings may be released only in the following manner: (b) of this section, the prosecuting attorney may file a motion for a protective order within 10 days after the defendant’s arraignment on the indictment. The motion may be filed on behalf of a victim or a witness. The prosecuting attorney shall inform the victim of the ability to seek a protective order. (e) of this section.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The prosecuting attorney may access a copy of the audio recording or the notes or report of a shorthand reporter at any time.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "When the defendant has been arraigned on the indictment and is represented by an attorney, the prosecuting attorney shall make an expedited determination on whether to file a motion for a protective order under subsection", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The prosecuting attorney may file a motion for a protective order within 10 days after receiving a motion described in subsection", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The prosecuting attorney, the public servant who is the subject of an indictment indorsed “not a true bill” or the public servant’s attorney may file a motion for a protective order within 10 days of receiving a motion described in subsection", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "As used in this subsection, “criminal episode” has the meaning given that term in ORS 131.505.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(a)(A) of this section, including whether to file an order on behalf of a victim or witness. If the prosecuting attorney decides not to file a motion for a protective order and the decision is made within 10 days after the arraignment on the indictment, the prosecuting attorney shall file a certification of the decision with the court and shall immediately provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to the defense attorney. If the prosecuting attorney has not filed a certification under this paragraph within 10 days after the arraignment, or decides to file a motion for a protective order, the prosecuting attorney shall: of this section has not been filed; or of this section, if a motion has been filed. (a) A motion for a protective order concerning an audio recording, the notes or report of a shorthand reporter or a transcript of grand jury proceedings may be filed as follows:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Provide a copy to the defense attorney of all audio recordings, or the notes or report of a shorthand reporter, related to an indictment after 10 days have passed since the defendant’s arraignment on the indictment, if a motion described in subsection Except when the prosecuting attorney has filed a certification of the decision to not file a motion for a protective order under subsection", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to the defense attorney in accordance with the court’s ruling on the motion described in subsection", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Unless the court orders otherwise for good cause shown, the prosecuting attorney and the defense attorney may not copy, disseminate or republish the audio recording, the notes or report of a shorthand reporter, or a transcript prepared from the audio recording, notes or report, released pursuant to this subsection, except to provide a copy to an agent of the prosecuting attorney or defense attorney for the limited purpose of case preparation. Unless a court orders otherwise for good cause shown, in consulting with the defendant the defense attorney may not disclose to the defendant:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Any personal identifiers of a victim, witness or grand juror obtained from the audio recording, report, notes or transcript; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Any portion of the audio recording, report, notes or transcript that contains any personal identifiers of a victim, witness or grand juror.", "subsections": []}]}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The defense attorney may not provide a copy of the audio recording, notes or report, or a transcript prepared from the audio recording, notes or report, to the defendant.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "When the defendant has been arraigned but is not represented by an attorney, the defendant may request by motion that the court issue an order allowing the defendant access to review the contents of the audio recording or the notes or report of the shorthand reporter. A copy of the motion must be provided to the prosecuting attorney. The prosecuting attorney may request a hearing on the motion within 10 days after receiving a copy. At the hearing, or in response to receiving the motion, the court shall appoint counsel for the defendant for the limited purpose of reviewing the audio recording, notes or report and may set reasonable conditions on the review of the audio recording, notes or report.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) When a grand jury inquires into the conduct of a public servant as defined in ORS 162.005 for acts occurring in the performance of the public servant’s duties, and an indictment resulting from the grand jury proceedings is indorsed “not a true bill”: (a) of this section.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The public servant or the prosecuting attorney may file a motion requesting a court order releasing all or a portion of a transcript of the grand jury proceedings. A copy of the motion must be served on the opposing party. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A member of the public may file a motion requesting a court order for production and release of a transcript of the grand jury proceedings. A copy of the motion must be served on the prosecuting attorney and the public servant’s attorney, or the public servant if the public servant is not represented by an attorney. The person filing the motion is responsible for the cost of producing the transcript and a court order for production and release of the transcript must be conditioned on receipt of payment. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The release of any transcript under this subsection may not include: If the motion for a protective order requests that a portion of the audio recording, notes, report or transcript be redacted, the motion must be accompanied by a specific description, including the date and time, of the portion of the audio recording, notes, report or transcript to be redacted.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The release of any personal identifiers of a victim or witness; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The release of the name or any personal identifiers of a grand juror.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "In response to a motion filed under this subsection, the court may order that the access of the person requesting release to a copy of the audio recording, notes, report or transcript be denied, restricted or deferred, or may make any other order, upon a finding of substantial and compelling circumstances. In deciding whether to grant the motion and enter a protective order under this paragraph, the court may consider the following: of this subsection to be made in the form of a written statement to be inspected by the court only or by oral testimony given on the record.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Protection of witnesses and others from physical harm, threats of harm, bribes, economic interference, reprisal and other forms of intimidation;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Maintenance of secrecy regarding informants, as required for effective investigation of criminal activity;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Confidential information recognized under law, including the protection of confidential relationships and privileges and the contents of confidential records unrelated to a crime alleged in the indictment; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Any other relevant considerations.", "subsections": []}]}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The court may permit the evidence of substantial and compelling circumstances described in paragraph", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "(a) Except as provided in paragraph", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "of this subsection, when grand jury proceedings do not result in an indictment indorsed as either “a true bill” or “not a true bill,” the audio recording or notes or report of the shorthand reporter produced pursuant to ORS 132.250 and 132.260 may not be disclosed or released. When subsequent grand jury proceedings occur inquiring into the same criminal episode as the grand jury proceedings described in paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection, and the subsequent proceedings result in an indictment indorsed as “a true bill,” the prosecuting attorney shall provide notice to the person charged in the indictment of the occurrence of the earlier grand jury proceedings. After the person is arraigned on the indictment, the audio recording or the notes or report of the shorthand reporter produced during the earlier grand jury proceedings may be obtained in the manner set forth in subsection", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The district attorney of each county may establish a fee for the cost of providing a copy of any audio recording, or the notes or report of a shorthand reporter, of a grand jury proceeding to a person requesting a copy under this section.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "An audio recording, the notes or report of a shorthand reporter or a transcript of a grand jury proceeding obtained pursuant to this section and ORS 132.250 and", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.310", "name": "ORS 132.310", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.310", "sectionName": "ORS 132.310", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.310", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Inquiry into crimes;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.310"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.320", "name": "ORS 132.320", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.320", "sectionName": "ORS 132.320", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.320", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Consideration of evidence; appearance by defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["811.182", "133.076", "153.992", "162.195", "162.205", "813.010", "706.008", "135.070", "135.230", "135.290", "132.250"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Consideration of evidence; appearance by defendant. (1) Except as provided in subsections (2) to (13) of this section, in the investigation of a charge for the purpose of indictment, the grand jury shall receive no other evidence than such as might be given on the trial of the person charged with the crime in question. (2) A report or a copy of a report made by a physicist, chemist, medical examiner, physician, firearms identification expert, examiner of questioned documents, fingerprint technician, or an expert or technician in some comparable scientific or professional field, concerning the results of an examination, comparison or test performed by such person in connection with a case which is the subject of a grand jury proceeding, shall, when certified by such person as a report made by such person or as a true copy thereof, be received in evidence in the grand jury proceeding. (3) An affidavit of a witness who is unable to appear before the grand jury shall be received in evidence in the grand jury proceeding if, upon application by the district attorney, the presiding judge for the judicial district in which the grand jury is sitting authorizes the receipt after good cause has been shown for the witness’ inability to appear. An affidavit taken in another state or territory of the United States, the District of Columbia or in a foreign country must be authenticated as provided in ORS chapter 194 before it can be used in this state. (4) A grand jury that is investigating a charge of criminal driving while suspended or revoked under ORS 811.182 may receive in evidence an affidavit of a peace officer with a report or copy of a report of the peace officer concerning the peace officer’s investigation of the violation of ORS 811.182 by the defendant. (5) A grand jury may receive testimony of a witness by means of simultaneous television transmission allowing the grand jury and district attorney to observe and communicate with the witness and the witness to observe and communicate with the grand jury and the district attorney. (6) A grand jury that is investigating a charge of failure to appear under ORS 133.076, 153.992, 162.195 or 162.205 may receive in evidence an affidavit of a court employee certifying that the defendant failed to appear as required by law and setting forth facts sufficient to support that conclusion. (7)(a) Except as otherwise provided in this subsection, a grand jury may receive in evidence through the testimony of one peace officer involved in the criminal investigation under grand jury inquiry information from an official report of another peace officer involved in the same criminal investigation concerning the other peace officer’s investigation of the matter before the grand jury. The statement of a person suspected of committing an offense or inadmissible hearsay of persons other than the peace officer who compiled the official report may not be presented to a grand jury under this paragraph. (b) If the official report contains evidence other than chain of custody, venue or the name of the person suspected of committing an offense, the grand jurors must be notified that the evidence is being submitted by report and that the peace officer who compiled the report will be made available for testimony at the request of the grand jury. When a grand jury requests the testimony of a peace officer under this paragraph, the peace officer may present sworn testimony by telephone if requiring the peace officer’s presence before the grand jury would constitute an undue hardship on the peace officer or the agency that employs or utilizes the peace officer. (8) A grand jury that is investigating a charge of failure to report as a sex offender under ORS 163A.040 may receive in evidence certified copies of the form required by ORS 163A.050 (2) and sex offender registration forms and an affidavit of a representative of the Oregon State Police, as keepers of the state’s sex offender registration records, certifying that the certified copies of the forms constitute the complete record for the defendant. (9) The grand jury shall weigh all the evidence submitted to it; and when it believes that other evidence within its reach will explain away the charge, it should order such evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses. (10) A grand jury that is investigating a charge of driving while under the influence of intoxicants in violation of ORS 813.010 may receive in evidence an affidavit of a peace officer regarding any or all of the following: (a) Whether the defendant was driving. (b) Whether the defendant took or refused to take tests under any provision of ORS chapter 813. (c) The administration of tests under any provision of ORS chapter 813 and the results of such tests. (d) The officer’s observations of physical or mental impairment of the defendant. (11)(a) A grand jury may receive in evidence an affidavit of a representative of a financial institution for the purpose of authenticating records of the financial institution. (b) As used in this subsection, “financial institution” means a financial institution as defined in ORS 706.008, an entity that regularly issues, processes or services credit cards or any other comparable entity that regularly produces financial records. (12)(a) A defendant who has been arraigned on an information alleging a felony charge that is the subject of a grand jury proceeding and who is represented by an attorney has a right to appear before the grand jury as a witness if, prior to the filing of an indictment, the defense attorney serves upon the district attorney written notice requesting the appearance. The notice shall include an electronic mail address at which the defense attorney may be contacted. (b) A district attorney is not obligated to inform a defendant that a grand jury proceeding investigating charges against the defendant is pending, in progress or about to occur. (c) Upon receipt of the written notice described in paragraph (a) of this subsection, the district attorney shall provide in writing the date, time and location of the defendant’s appearance before the grand jury to the defense attorney at the indicated electronic mail address. In the event of a scheduling conflict, the district attorney shall reasonably accommodate the schedules of the defendant and the defense attorney if the accommodation does not delay the grand jury proceeding beyond the time limit for holding a preliminary hearing described in ORS 135.070 (2). (d) Notwithstanding ORS 135.070 and paragraph (c) of this subsection, in order to accommodate a scheduling conflict, upon the request of the defendant the time limit for holding a preliminary hearing described in ORS 135.070 (2) may be extended by a maximum of an additional five judicial days and the district attorney and the defendant may stipulate to an extension of greater duration. During a period of delay caused by a scheduling conflict under this subsection, ORS 135.230 to 135.290 shall continue to apply concerning the custody status of the defendant. (13) A grand jury, the proceedings of which are recorded pursuant to ORS 132.250 and", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsections", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "to A report or a copy of a report made by a physicist, chemist, medical examiner, physician, firearms identification expert, examiner of questioned documents, fingerprint technician, or an expert or technician in some comparable scientific or professional field, concerning the results of an examination, comparison or test performed by such person in connection with a case which is the subject of a grand jury proceeding, shall, when certified by such person as a report made by such person or as a true copy thereof, be received in evidence in the grand jury proceeding. and sex offender registration forms and an affidavit of a representative of the Oregon State Police, as keepers of the state’s sex offender registration records, certifying that the certified copies of the forms constitute the complete record for the defendant. may be extended by a maximum of an additional five judicial days and the district attorney and the defendant may stipulate to an extension of greater duration. During a period of delay caused by a scheduling conflict under this subsection, ORS 135.230 to 135.290 shall continue to apply concerning the custody status of the defendant.", "subsections": [{"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Notwithstanding ORS 135.070 and paragraph", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "of this subsection, in order to accommodate a scheduling conflict, upon the request of the defendant the time limit for holding a preliminary hearing described in ORS 135.070", "subsections": []}]}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "of this section, in the investigation of a charge for the purpose of indictment, the grand jury shall receive no other evidence than such as might be given on the trial of the person charged with the crime in question. A grand jury, the proceedings of which are recorded pursuant to ORS 132.250 and", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "An affidavit of a witness who is unable to appear before the grand jury shall be received in evidence in the grand jury proceeding if, upon application by the district attorney, the presiding judge for the judicial district in which the grand jury is sitting authorizes the receipt after good cause has been shown for the witness’ inability to appear. An affidavit taken in another state or territory of the United States, the District of Columbia or in a foreign country must be authenticated as provided in ORS chapter 194 before it can be used in this state.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A grand jury that is investigating a charge of criminal driving while suspended or revoked under ORS 811.182 may receive in evidence an affidavit of a peace officer with a report or copy of a report of the peace officer concerning the peace officer’s investigation of the violation of ORS 811.182 by the defendant.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A grand jury may receive testimony of a witness by means of simultaneous television transmission allowing the grand jury and district attorney to observe and communicate with the witness and the witness to observe and communicate with the grand jury and the district attorney.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "A grand jury that is investigating a charge of failure to appear under ORS 133.076, 153.992, 162.195 or 162.205 may receive in evidence an affidavit of a court employee certifying that the defendant failed to appear as required by law and setting forth facts sufficient to support that conclusion.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "(a) Except as otherwise provided in this subsection, a grand jury may receive in evidence through the testimony of one peace officer involved in the criminal investigation under grand jury inquiry information from an official report of another peace officer involved in the same criminal investigation concerning the other peace officer’s investigation of the matter before the grand jury. The statement of a person suspected of committing an offense or inadmissible hearsay of persons other than the peace officer who compiled the official report may not be presented to a grand jury under this paragraph.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the official report contains evidence other than chain of custody, venue or the name of the person suspected of committing an offense, the grand jurors must be notified that the evidence is being submitted by report and that the peace officer who compiled the report will be made available for testimony at the request of the grand jury. When a grand jury requests the testimony of a peace officer under this paragraph, the peace officer may present sworn testimony by telephone if requiring the peace officer’s presence before the grand jury would constitute an undue hardship on the peace officer or the agency that employs or utilizes the peace officer.", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "A grand jury that is investigating a charge of failure to report as a sex offender under ORS 163A.040 may receive in evidence certified copies of the form required by ORS 163A.050", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "The grand jury shall weigh all the evidence submitted to it; and when it believes that other evidence within its reach will explain away the charge, it should order such evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "A grand jury that is investigating a charge of driving while under the influence of intoxicants in violation of ORS 813.010 may receive in evidence an affidavit of a peace officer regarding any or all of the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Whether the defendant was driving.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Whether the defendant took or refused to take tests under any provision of ORS chapter 813.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The administration of tests under any provision of ORS chapter 813 and the results of such tests.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The officer’s observations of physical or mental impairment of the defendant.", "subsections": []}]}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "(a) A grand jury may receive in evidence an affidavit of a representative of a financial institution for the purpose of authenticating records of the financial institution.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "As used in this subsection, “financial institution” means a financial institution as defined in ORS 706.008, an entity that regularly issues, processes or services credit cards or any other comparable entity that regularly produces financial records.", "subsections": []}]}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "(a) A defendant who has been arraigned on an information alleging a felony charge that is the subject of a grand jury proceeding and who is represented by an attorney has a right to appear before the grand jury as a witness if, prior to the filing of an indictment, the defense attorney serves upon the district attorney written notice requesting the appearance. The notice shall include an electronic mail address at which the defense attorney may be contacted.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A district attorney is not obligated to inform a defendant that a grand jury proceeding investigating charges against the defendant is pending, in progress or about to occur.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Upon receipt of the written notice described in paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection, the district attorney shall provide in writing the date, time and location of the defendant’s appearance before the grand jury to the defense attorney at the indicated electronic mail address. In the event of a scheduling conflict, the district attorney shall reasonably accommodate the schedules of the defendant and the defense attorney if the accommodation does not delay the grand jury proceeding beyond the time limit for holding a preliminary hearing described in ORS 135.070", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.330", "name": "ORS 132.330", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.330", "sectionName": "ORS 132.330", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.330", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Submission of indictment by district attorney.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.340", "name": "Duties", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.340", "sectionName": "Duties", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.340", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "of district attorney for jury.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.350", "name": "Juror’s", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.350", "sectionName": "Juror’s", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.350", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "knowledge of an offense; action thereon.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall not vote on the indictment nor be present during deliberations thereon"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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. of this section shall not vote on the indictment nor be present during deliberations thereon. [Amended by 1973 c.836 §48]", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A grand juror testifying as provided in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.360", "name": "Number", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.360", "sectionName": "Number", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.360", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "of jurors required to concur.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.370"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.370", "name": "ORS 132.370", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.370", "sectionName": "ORS 132.370", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.370", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Presentment of facts to court for instruction as to law.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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. 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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A presentment cannot be found and made to the court except as provided in subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "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.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.380", "name": "Whom", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.380", "sectionName": "Whom", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.380", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "the grand jury may indict.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.390", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.390", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.390", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "the grand jury may indict.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.400", "name": "ORS 132.400", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.400", "sectionName": "ORS 132.400", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.400", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Indorsement of indictment as “a true bill.” An indictment, when found, shall be indorsed “a true bill,” and such indorsement signed by the foreman of the jury.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Indorsement of indictment as “a true bill.” An indictment, when found, shall be indorsed “a true bill,” and such indorsement signed by the foreman of the jury.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.410", "name": "ORS 132.410", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.410", "sectionName": "ORS 132.410", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.410", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Finding of indictment;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.400", "132.580"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.420", "name": "ORS 132.420", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.420", "sectionName": "ORS 132.420", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.420", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Disclosure relative to indictment not subject to inspection.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.430", "name": "ORS 132.430", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.430", "sectionName": "ORS 132.430", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.430", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Finding against indictment; indorsement “not a true bill.”", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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] (Other Inquiries)", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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] (Other Inquiries)", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.440", "name": "ORS 132.440", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.440", "sectionName": "ORS 132.440", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.440", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Inquiry into conditions in correctional and youth correction facilities.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["162.135", "132.310"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Other than indictments presented under ORS 132.310 or presentments presented under ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.510", "name": "Forms", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.510", "sectionName": "Forms", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.510", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "of pleadings.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.520", "name": "ORS 132.520", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.520", "sectionName": "ORS 132.520", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.520", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.530", "name": "ORS 132.530", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.530", "sectionName": "ORS 132.530", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.530", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.540", "name": "ORS 132.540", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.540", "sectionName": "ORS 132.540", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.540", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Sufficiency of indictment; previous convictions; use of statutory language; when name of victim not required.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.765"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The indictment is sufficient if it can be understood therefrom that: and subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "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.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "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.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "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.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Except as provided in ORS 136.765", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "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. 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.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "(a) An indictment may include a pseudonym, initials or another signifier instead of the name of a victim if:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "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;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "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 of this paragraph is provided to the defense attorney or, if the defendant does not have a lawyer, in accordance with paragraph", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A copy of the document described in subparagraph", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "of this subsection, at the time of arraignment on the indictment. If a defendant is not represented by a lawyer, the district attorney shall provide a copy of the document described in paragraph", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The defense attorney may orally inform the defendant of the name of the victim contained in the document described in paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "(B) of this subsection but may not provide a copy of the document to the defendant. (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. (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]", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The document described in paragraph", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.550", "name": "ORS 132.550", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.550", "sectionName": "ORS 132.550", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.550", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Contents of indictment. The indictment shall contain substantially the following:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The name of the circuit court in which it is filed;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The title of the action;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A statement that the grand jury accuses the defendant or defendants of the designated offense or offenses;", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A separate accusation or count addressed to each offense charged, if there be more than one;", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A statement in each count that the offense charged therein was committed in a designated county;", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "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;", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "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;", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "The dates of all grand jury proceedings related to the offense or offenses charged;", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "The signatures of the foreman and of the district attorney; and", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "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]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.557", "name": "ORS 132.557", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.557", "sectionName": "ORS 132.557", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.557", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Indictment must contain subcategory facts under certain circumstances.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.560", "name": "ORS 132.560", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.560", "sectionName": "ORS 132.560", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.560", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Joinder of counts and charges; consolidation of charging instruments.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A charging instrument must charge but one offense, and in one form only, except that: (b) of this section, the court may order them to be consolidated.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Where the offense may be committed by the use of different means, the charging instrument may allege the means in the alternative.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "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:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Of the same or similar character;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Based on the same act or transaction; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If two or more charging instruments are found in circumstances described in subsection of this section, the court may order an election or separate trials of counts or provide whatever other relief justice requires.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If it appears, upon motion, that the state or defendant is substantially prejudiced by a joinder of offenses under subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "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]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.570", "name": "ORS 132.570", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.570", "sectionName": "ORS 132.570", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.570", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "[Renumbered 135.713]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.713"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.713]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.580", "name": "Names", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.580", "sectionName": "Names", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.580", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "of grand jury witnesses required on indictment; exception; effect of failure to include; procedure to remedy failure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.320"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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 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. (a) An indictment may include a pseudonym, initials or other signifier instead of the name of a witness examined before the grand jury if:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The witness is also a victim of a sex crime as defined in ORS 163A.005 alleged in the indictment;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "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 of this paragraph is provided to the defense attorney or, if the defendant does not have a lawyer, in accordance with paragraph", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A copy of the document described in subparagraph", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "of this subsection, at the time of arraignment on the indictment. If a defendant is not represented by a lawyer, the district attorney shall provide a copy of the document described in paragraph", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The defense attorney may orally inform the defendant of the name of the witness contained in the document described in paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "(B) of this subsection but may not provide a copy of the document to the defendant. (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. (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.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The document described in paragraph", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "or by telephone under ORS 132.320", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": ", and the names of those whose reports were received by such grand jury pursuant to ORS 132.320", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "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:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The name of the witness was omitted from the indictment by inadvertence;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The name of the witness was furnished to the defendant by the state at least 10 days before trial; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "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]", "subsections": []}]}], "parser_warnings": []}
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+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.650", "name": "ORS 132.650", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.650", "sectionName": "ORS 132.650", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.650", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
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+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 132.990", "name": "ORS 132.990", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-132"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "132", "titleName": "ORS Chapter 132", "chapterNumber": "132", "chapterName": null, "sectionNumber": "132.990", "sectionName": "ORS 132.990", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors132.html#section-132.990", "chapter": {"chapter_label": "132", "chapter_name": "ORS Chapter 132", "chapter_inferred": true}, "preamble": "Premature inspection or disclosure of contents of indictment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.420", "132.410"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Premature inspection or disclosure of contents of indictment. Violation of ORS 132.420 or the prohibitions of ORS 132.410 is punishable as contempt. _______________", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.005", "name": "ORS 133.005", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.005", "sectionName": "ORS 133.005", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.005", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450. As used in ORS 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.005", "133.400", "133.410", "133.450", "131.605", "131.625", "352.121", "353.125", "471.775", "1.177", "451.010"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450. As used in ORS 133.005 to 133.400 and 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. A “stop” as authorized under ORS 131.605 to 131.625 is not an arrest. (2) “Federal officer” means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty. (3) “Peace officer” means: (a) A member of the Oregon State Police; (b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 or 353.125; (c) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state; (d) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon; (e) A humane special agent as defined in ORS 181A.345; (f) A regulatory specialist exercising authority described in ORS 471.775 (2), 475C.017 or 475C.301; (g) An authorized tribal police officer as defined in ORS 181A.940; or (h) A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181A.540. (4) “Reserve officer” means an officer or member of a law enforcement agency who is: (a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police; (b) Armed with a firearm; and (c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 §62; 1979 c.656 §1; 1981 c.808 §1; 1991 c.67 §25; 1993 c.254 §1; 1995 c.651 §6; 2009 c.11 §8; 2011 c.506 §7; 2011 c.641 §1; 2011 c.644 §§13,39; 2012 c.54 §§6,7; 2012 c.67 §§3,4; 2013 c.154 §§4,5; 2013 c.180 §8,9; 2015 c.174 §4; 2015 c.614 §§137,138; 2021 c.286 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“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. A “stop” as authorized under ORS 131.605 to 131.625 is not an arrest.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Federal officer” means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty. , 475C.017 or 475C.301;", "subsections": [{"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "An authorized tribal police officer as defined in ORS 181A.940; or", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181A.540.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Peace officer” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A member of the Oregon State Police;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 or 353.125;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A humane special agent as defined in ORS 181A.345;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A regulatory specialist exercising authority described in ORS 471.775", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Reserve officer” means an officer or member of a law enforcement agency who is:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Armed with a firearm; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 §62; 1979 c.656 §1; 1981 c.808 §1; 1991 c.67 §25; 1993 c.254 §1; 1995 c.651 §6; 2009 c.11 §8; 2011 c.506 §7; 2011 c.641 §1; 2011 c.644 §§13,39; 2012 c.54 §§6,7; 2012 c.67 §§3,4; 2013 c.154 §§4,5; 2013 c.180 §8,9; 2015 c.174 §4; 2015 c.614 §§137,138; 2021 c.286 §1]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.007", "name": "ORS 133.007", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.007", "sectionName": "ORS 133.007", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.007", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Sufficiency of information or complaint; previous convictions; use of statutory language.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Sufficiency of information or complaint; previous convictions; use of statutory language. (1) An information or complaint is sufficient if it can be understood therefrom that: (a) The defendant is named, or if the name of the defendant cannot be discovered, the defendant is described by a fictitious name, with the statement that the real name of the defendant is unknown to the complainant. (b) The offense was committed within the jurisdiction of the court, except when, as provided by law, the act, though done without the county in which the court is held, is triable within. (c) The offense was committed at some time prior to the filing of the information or complaint and within the time limited by law for the commencement of an action therefor. (2) The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense that might subject the defendant to enhanced penalties. (3) Words used in a statute to define an offense need not be strictly followed in the information or complaint, but other words conveying the same meaning may be used. [1973 c.836 §63; 2005 c.22 §101]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "An information or complaint is sufficient if it can be understood therefrom that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The defendant is named, or if the name of the defendant cannot be discovered, the defendant is described by a fictitious name, with the statement that the real name of the defendant is unknown to the complainant.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The offense was committed within the jurisdiction of the court, except when, as provided by law, the act, though done without the county in which the court is held, is triable within.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The offense was committed at some time prior to the filing of the information or complaint and within the time limited by law for the commencement of an action therefor.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense that might subject the defendant to enhanced penalties.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Words used in a statute to define an offense need not be strictly followed in the information or complaint, but other words conveying the same meaning may be used. [1973 c.836 §63; 2005 c.22 §101]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.010", "name": "ORS 133.010", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.010", "sectionName": "ORS 133.010", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.010", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1965 c.508 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1965 c.508 §1; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.015", "name": "ORS 133.015", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.015", "sectionName": "ORS 133.015", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.015", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Contents of information or complaint. An information or complaint shall contain substantially the following:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.992"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Contents of information or complaint. An information or complaint shall contain substantially the following: (1) The name of the court in which it is filed; (2) The title of the action; (3) A statement that 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; and (8) The verification by the complainant and the date of the signing of the information or complaint. An information or complaint charging a defendant with an offense, other than an offense punishable as a felony, shall be deemed verified by the complainant if it contains a form of certificate in which the complainant certifies, under the penalties described in ORS 133.992, that the complainant has sufficient grounds to believe, and does believe, that the defendant named in the information or complaint committed the offense specified in the information or complaint. [1973 c.836 §64; 2015 c.250 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The name of the court in which it is filed;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The title of the action;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A statement that accuses the defendant or defendants of the designated offense or offenses;", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A separate accusation or count addressed to each offense charged, if there be more than one;", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A statement in each count that the offense charged therein was committed in a designated county;", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "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;", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "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; and", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "The verification by the complainant and the date of the signing of the information or complaint. An information or complaint charging a defendant with an offense, other than an offense punishable as a felony, shall be deemed verified by the complainant if it contains a form of certificate in which the complainant certifies, under the penalties described in ORS 133.992, that the complainant has sufficient grounds to believe, and does believe, that the defendant named in the information or complaint committed the offense specified in the information or complaint. [1973 c.836 §64; 2015 c.250 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.020", "name": "ORS 133.020", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.020", "sectionName": "ORS 133.020", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.020", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Magistrate defined.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.030", "name": "Who", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.030", "sectionName": "Who", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.030", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "are magistrates. The following persons are magistrates:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "are magistrates. The following persons are magistrates: (1) Judges of the Supreme Court; (2) Judges of the Court of Appeals; (3) Judges of the circuit court; (4) County judges and justices of the peace; and (5) Municipal judges. [Amended by 1961 c.724 §27; 1969 c.198 §59; 1977 c.746 §1; 1995 c.658 §72]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Judges of the Supreme Court;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Judges of the Court of Appeals;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Judges of the circuit court;", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "County judges and justices of the peace; and", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Municipal judges. [Amended by 1961 c.724 §27; 1969 c.198 §59; 1977 c.746 §1; 1995 c.658 §72]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.033", "name": "Peace", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.033", "sectionName": "Peace", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.033", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "officer; community caretaking functions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "officer; community caretaking functions. (1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions. (2) As used in this section, “community caretaking functions” means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. “Community caretaking functions” includes, but is not limited to: (a) The right to enter or remain upon the premises of another if it reasonably appears to be necessary to: (A) Prevent serious harm to any person or property; (B) Render aid to injured or ill persons; or (C) Locate missing persons. (b) The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to: (A) Prevent serious harm to any person or property; (B) Render aid to injured or ill persons; or (C) Locate missing persons. (3) Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law. [1991 c.959 §1; 2011 c.506 §9; 2011 c.644 §14]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As used in this section, “community caretaking functions” means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. “Community caretaking functions” includes, but is not limited to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Prevent serious harm to any person or property;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Render aid to injured or ill persons; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Locate missing persons.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Prevent serious harm to any person or property;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Render aid to injured or ill persons; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Locate missing persons.", "subsections": []}]}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law. [1991 c.959 §1; 2011 c.506 §9; 2011 c.644 §14]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.035", "name": "Ex", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.035", "sectionName": "Ex", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.035", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "parte emergency protective orders; service; expiration; contempt proceeding; required availability of judges; fees; forms.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall consist of the proposed emergency protective order and the peace officer", "section shall"], "ors_citations": ["133.055", "133.310", "135.230", "135.290", "161.015"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "parte emergency protective orders; service; expiration; contempt proceeding; required availability of judges; fees; forms. (1) A peace officer may inform a person in danger of abuse of the officer’s ability to apply for an ex parte emergency protective order and, with the person’s consent or permission, may apply to a circuit court for the order when the peace officer has probable cause to believe: (a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 (2)(a) exist; or (B) The person is in immediate danger of abuse by a family or household member; and (b) An emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse. (2)(a) An application for an emergency protective order described in subsection (1) of this section shall consist of the proposed emergency protective order and the peace officer’s declaration under penalty of perjury setting forth the facts and circumstances underlying entry of the order. (b) The proposed emergency protective order and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order and signed declaration. (3) Upon examination of the application, a circuit court may enter an emergency protective order if the court finds there is probable cause that: (a)(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 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. (4) An emergency protective order entered under subsection (3) of this section shall: (a) Restrain the respondent from contacting the person protected by the order and from intimidating, molesting, interfering with or menacing the person, or attempting to intimidate, molest, interfere with or menace the protected person; (b) Include the findings of probable cause authorizing issuance of the order; (c) State the date that the order expires; and (d) State a security amount for a violation of the order. (5) If the circuit court enters an emergency protective order under subsection (3) of this section: (a) The peace officer shall provide, without charge, a certified true copy of the emergency protective order to the protected person and shall ensure that certified true copies of the order and the declaration are filed with the court. (b) A peace officer shall serve the respondent personally. Upon completion of service, the peace officer shall prepare a declaration under penalty of perjury of proof of service verifying that the emergency protective order was served personally on the respondent, file a copy of the declaration with the court and enter the order into the Law Enforcement Data System maintained by the Department of State Police. (c) If the peace officer cannot complete service within one day of the emergency protective order’s entry, the peace officer shall notify the court that the documents have not been served. (6) Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the emergency protective order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the emergency protective order may be informed of the existence and terms of the order. The emergency protective order is fully enforceable in any county or tribal land in this state. (7)(a) An emergency protective order expires seven calendar days from the date the court signs the order. (b) An emergency protective order shall remain in effect until the order expires or is terminated by court order. If the order is terminated by court order, the clerk of the court shall immediately cause to be delivered a copy of the termination order to the peace officer who originally applied for the order. Upon receipt of the termination order, the peace officer shall promptly remove the emergency protective order from the Law Enforcement Data System. (8)(a) A contempt proceeding for an alleged violation of an emergency protective order must be conducted by the circuit court that issued the order or by the circuit court for the county in which the alleged violation of the order occurs. (b) Pending a contempt hearing for an alleged violation of an emergency protective order, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. (9) The presiding judge of the circuit court in each county shall designate at least one judge to be reasonably available to enter, in person or by electronic transmission, ex parte emergency protective orders at all times whether or not the court is in session. (10) A peace officer acting in good faith shall not be liable in any civil action for applying to or not applying to a circuit court for an ex parte emergency protective order under this section. (11) A filing fee, service fee or hearing fee may not be charged for proceedings for ex parte emergency protective orders under this section. (12) The Department of State Police shall develop forms for emergency protective orders and declarations and shall submit the forms for approval by the State Court Administrator, the Oregon State Sheriffs’ Association and the Oregon Association Chiefs of Police. After obtaining approval, the department shall ensure that the forms are appropriately distributed and available for use. (13) As used in this section, “peace officer” has the meaning given that term in ORS 161.015. [2015 c.252 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A peace officer may inform a person in danger of abuse of the officer’s ability to apply for an ex parte emergency protective order and, with the person’s consent or permission, may apply to a circuit court for the order when the peace officer has probable cause to believe: of this section shall consist of the proposed emergency protective order and the peace officer’s declaration under penalty of perjury setting forth the facts and circumstances underlying entry of the order.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The proposed emergency protective order and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order and signed declaration.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) exist; or (a) An application for an emergency protective order described in subsection", "subsections": [{"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The person is in immediate danger of abuse by a family or household member; and A person is in immediate danger of abuse by a family or household member; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An emergency protective order is necessary to prevent the person from suffering the occurrence or recurrence of abuse. An emergency protective order is necessary to prevent a person from suffering the occurrence or recurrence of abuse.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Upon examination of the application, a circuit court may enter an emergency protective order if the court finds there is probable cause that: of this section shall: of this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "(A) The peace officer has responded to an incident of domestic disturbance and the circumstances for mandatory arrest as described in ORS 133.055 Restrain the respondent from contacting the person protected by the order and from intimidating, molesting, interfering with or menacing the person, or attempting to intimidate, molest, interfere with or menace the protected person; The peace officer shall provide, without charge, a certified true copy of the emergency protective order to the protected person and shall ensure that certified true copies of the order and the declaration are filed with the court.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Include the findings of probable cause authorizing issuance of the order; A peace officer shall serve the respondent personally. Upon completion of service, the peace officer shall prepare a declaration under penalty of perjury of proof of service verifying that the emergency protective order was served personally on the respondent, file a copy of the declaration with the court and enter the order into the Law Enforcement Data System maintained by the Department of State Police.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "State the date that the order expires; and If the peace officer cannot complete service within one day of the emergency protective order’s entry, the peace officer shall notify the court that the documents have not been served.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "State a security amount for a violation of the order.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "An emergency protective order entered under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "If the circuit court enters an emergency protective order under subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the emergency protective order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the emergency protective order may be informed of the existence and terms of the order. The emergency protective order is fully enforceable in any county or tribal land in this state.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "(a) An emergency protective order expires seven calendar days from the date the court signs the order.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An emergency protective order shall remain in effect until the order expires or is terminated by court order. If the order is terminated by court order, the clerk of the court shall immediately cause to be delivered a copy of the termination order to the peace officer who originally applied for the order. Upon receipt of the termination order, the peace officer shall promptly remove the emergency protective order from the Law Enforcement Data System.", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "(a) A contempt proceeding for an alleged violation of an emergency protective order must be conducted by the circuit court that issued the order or by the circuit court for the county in which the alleged violation of the order occurs.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Pending a contempt hearing for an alleged violation of an emergency protective order, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290.", "subsections": []}]}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "The presiding judge of the circuit court in each county shall designate at least one judge to be reasonably available to enter, in person or by electronic transmission, ex parte emergency protective orders at all times whether or not the court is in session.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "A peace officer acting in good faith shall not be liable in any civil action for applying to or not applying to a circuit court for an ex parte emergency protective order under this section.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "A filing fee, service fee or hearing fee may not be charged for proceedings for ex parte emergency protective orders under this section.", "subsections": []}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "The Department of State Police shall develop forms for emergency protective orders and declarations and shall submit the forms for approval by the State Court Administrator, the Oregon State Sheriffs’ Association and the Oregon Association Chiefs of Police. After obtaining approval, the department shall ensure that the forms are appropriately distributed and available for use.", "subsections": []}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "As used in this section, “peace officer” has the meaning given that term in ORS 161.015. [2015 c.252 §1] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.037", "name": "ORS 133.037", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.037", "sectionName": "ORS 133.037", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.037", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1971 c.743 §289;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.655"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1971 c.743 §289; 1973 c.836 §33; renumbered 131.655]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.040", "name": "ORS 133.040", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.040", "sectionName": "ORS 133.040", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.040", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1965 c.508 §8]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1965 c.508 §8]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.042", "name": "ORS 133.042", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.042", "sectionName": "ORS 133.042", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.042", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Deflection and diversion encouraged; notice of completion.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["475.896", "137.224", "137.687"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Deflection and diversion encouraged; notice of completion. (1) Law enforcement agencies in this state are encouraged to, in lieu of citation or arrest, or after citation or arrest but before referral to the district attorney, refer a person to a deflection program when the person is suspected of committing, or has been cited or arrested for, unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896. (2) District attorneys in this state are encouraged to divert for assessment, treatment and other services, in lieu of conviction, cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896. (3) If a deflection program is established, the program coordinator shall be responsible for providing notification that a person has completed the program to those entities responsible for sealing records under ORS 137.224, including but not limited to a law enforcement agency, the district attorney and, if requested by the court, the circuit court. (4) As used in this section, “deflection program” has the meaning given that term in ORS 137.687. [2024 c.70 §36; 2025 c.532 §24] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Law enforcement agencies in this state are encouraged to, in lieu of citation or arrest, or after citation or arrest but before referral to the district attorney, refer a person to a deflection program when the person is suspected of committing, or has been cited or arrested for, unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "District attorneys in this state are encouraged to divert for assessment, treatment and other services, in lieu of conviction, cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.896.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If a deflection program is established, the program coordinator shall be responsible for providing notification that a person has completed the program to those entities responsible for sealing records under ORS 137.224, including but not limited to a law enforcement agency, the district attorney and, if requested by the court, the circuit court.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "As used in this section, “deflection program” has the meaning given that term in ORS 137.687. [2024 c.70 §36; 2025 c.532 §24] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.045", "name": "ORS 133.045", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.045", "sectionName": "ORS 133.045", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.045", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1969 c.244 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.244 §1; 1973 c.836 §65; 1974 c.42 §1; repealed by 1999 c.1051 §72]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.050", "name": "ORS 133.050", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.050", "sectionName": "ORS 133.050", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.050", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1959 c.426 §1] CRIMINAL CITATIONS", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1959 c.426 §1] CRIMINAL CITATIONS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.055", "name": "ORS 133.055", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.055", "sectionName": "ORS 133.055", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.055", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Criminal citation; exception for domestic disturbance; notice of rights.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["161.705", "133.450", "107.705", "163.187", "124.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Criminal citation; exception for domestic disturbance; notice of rights. (1) A peace officer may issue a criminal citation to a person if the peace officer has probable cause to believe that the person has committed a misdemeanor or has committed any felony that is subject to misdemeanor treatment under ORS 161.705. The peace officer shall deliver a copy of the criminal citation to the person. The criminal citation shall require the person to appear at the court of the magistrate before whom the person would be taken pursuant to ORS 133.450 if the person were arrested for the offense. (2)(a) Notwithstanding the provisions of subsection (1) of this section, when a peace officer responds to an incident of domestic disturbance and has probable cause to believe that an assault has occurred between family or household members, as defined in ORS 107.705, or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer shall arrest and take into custody the alleged assailant or potential assailant. (b) When the peace officer makes an arrest under paragraph (a) of this subsection, the peace officer is not required to arrest both persons. (c) When a peace officer makes an arrest under paragraph (a) of this subsection, the peace officer shall make every effort to determine who is the assailant or potential assailant by considering, among other factors: (A) The comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury; (B) If reasonably ascertainable, the history of domestic violence between the persons involved; (C) Whether any alleged crime was committed in self-defense; and (D) The potential for future assaults. (d) As used in this subsection, “assault” includes conduct constituting strangulation under ORS 163.187. (3) Whenever any peace officer has reason to believe that a family or household member, as defined in ORS 107.705, has been abused as defined in ORS 107.705 or that an elderly person or a person with a disability has been abused as defined in ORS 124.005, that officer shall use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community and giving each person immediate notice of the legal rights and remedies available. The notice shall consist of handing each person a copy of the following statement: ______________________________________________________________________________ IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) an order directing your attacker to leave your household; (c) an order preventing your attacker from entering your residence, school, business or place of employment; (d) an order awarding you or the other parent custody of or parenting time with a minor child or children; (e) an order restraining your attacker from molesting or interfering with minor children in your custody; (f) an order awarding you other relief the court considers necessary to provide for your or your children’s safety, including emergency monetary assistance. Such orders are enforceable in every state. You may also request an order awarding support for minor children in your care or for your support if the other party has a legal obligation to support you or your children. You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in the small claims department of a court if the total amount claimed is under $10,000. Similar relief may also be available in tribal courts. For further information you may contact: _____. ______________________________________________________________________________ [1969 c.244 §2; 1977 c.845 §1; 1981 c.779 §1; 1991 c.303 §1; 1995 c.666 §23; 1997 c.707 §28; 1999 c.617 §1; 1999 c.738 §8; 1999 c.1051 §54; 2003 c.264 §8; 2007 c.70 §33; 2007 c.125 §7; 2011 c.595 §53b; 2011 c.666 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A peace officer may issue a criminal citation to a person if the peace officer has probable cause to believe that the person has committed a misdemeanor or has committed any felony that is subject to misdemeanor treatment under ORS 161.705. The peace officer shall deliver a copy of the criminal citation to the person. The criminal citation shall require the person to appear at the court of the magistrate before whom the person would be taken pursuant to ORS 133.450 if the person were arrested for the offense. of this section, when a peace officer responds to an incident of domestic disturbance and has probable cause to believe that an assault has occurred between family or household members, as defined in ORS 107.705, or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer shall arrest and take into custody the alleged assailant or potential assailant.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "When the peace officer makes an arrest under paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection, the peace officer is not required to arrest both persons. of this subsection, the peace officer shall make every effort to determine who is the assailant or potential assailant by considering, among other factors:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "If reasonably ascertainable, the history of domestic violence between the persons involved;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Whether any alleged crime was committed in self-defense; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The potential for future assaults.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "When a peace officer makes an arrest under paragraph", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "As used in this subsection, “assault” includes conduct constituting strangulation under ORS 163.187.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) Notwithstanding the provisions of subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Whenever any peace officer has reason to believe that a family or household member, as defined in ORS 107.705, has been abused as defined in ORS 107.705 or that an elderly person or a person with a disability has been abused as defined in ORS 124.005, that officer shall use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community and giving each person immediate notice of the legal rights and remedies available. The notice shall consist of handing each person a copy of the following statement: ______________________________________________________________________________ IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An order restraining your attacker from abusing you;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "an order directing your attacker to leave your household;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "an order preventing your attacker from entering your residence, school, business or place of employment;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "an order awarding you or the other parent custody of or parenting time with a minor child or children;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "an order restraining your attacker from molesting or interfering with minor children in your custody;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "an order awarding you other relief the court considers necessary to provide for your or your children’s safety, including emergency monetary assistance. Such orders are enforceable in every state. You may also request an order awarding support for minor children in your care or for your support if the other party has a legal obligation to support you or your children. You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in the small claims department of a court if the total amount claimed is under $10,000. Similar relief may also be available in tribal courts. For further information you may contact: _____. ______________________________________________________________________________ [1969 c.244 §2; 1977 c.845 §1; 1981 c.779 §1; 1991 c.303 §1; 1995 c.666 §23; 1997 c.707 §28; 1999 c.617 §1; 1999 c.738 §8; 1999 c.1051 §54; 2003 c.264 §8; 2007 c.70 §33; 2007 c.125 §7; 2011 c.595 §53b; 2011 c.666 §3]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.060", "name": "Cited", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.060", "sectionName": "Cited", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.060", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "person to appear before magistrate; failure to appear; appearance during statewide emergency.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. (4) Notwithstanding subsection (1) of this section, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued for purposes of allowing the person to participate in a deflection program as defined in ORS 137.687"], "ors_citations": ["401.165", "433.441", "137.687"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "person to appear before magistrate; failure to appear; appearance during statewide emergency. (1) Except as provided in subsections (3) and (4) of this section, a person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued. (2) If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear. (3)(a) Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued. (b) During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court. (c) The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court. (d) Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions. (e) As used in this subsection, “period of statewide emergency” means the period of time during which any declaration of a state of emergency under ORS 401.165, public health emergency under ORS 433.441 or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. (4) Notwithstanding subsection (1) of this section, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued for purposes of allowing the person to participate in a deflection program as defined in ORS 137.687. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2; 2024 c.70 §38]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsections of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued. of this section, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued for purposes of allowing the person to participate in a deflection program as defined in ORS 137.687. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2; 2024 c.70 §38]", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph of this subsection to another judge of the court.", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection for all proceedings within the jurisdiction of the court.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The presiding judge may delegate the authority described in paragraph", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "As used in this subsection, “period of statewide emergency” means the period of time during which any declaration of a state of emergency under ORS 401.165, public health emergency under ORS 433.441 or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "and (a) Notwithstanding subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, a person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued. Notwithstanding subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.065", "name": "ORS 133.065", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.065", "sectionName": "ORS 133.065", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.065", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Service of criminal citation.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.055"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Service of criminal citation. If a criminal citation is issued as described in ORS 133.055, the peace officer shall serve one copy on the person arrested and shall, as soon as practicable, file a duplicate copy with the magistrate specified in ORS 133.055 along with proof of service. [1969 c.244 §6; 1999 c.1051 §58]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.066", "name": "ORS 133.066", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.066", "sectionName": "ORS 133.066", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.066", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Criminal citations generally.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.068"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Criminal citations generally. (1) A criminal citation may include a complaint or may be issued without a form of complaint. If a criminal citation is issued without a complaint, the citation must be in the form provided by ORS 133.068. If a criminal citation is issued with a complaint, the citation must be in the form provided by ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A criminal citation may include a complaint or may be issued without a form of complaint. If a criminal citation is issued without a complaint, the citation must be in the form provided by ORS 133.068. If a criminal citation is issued with a complaint, the citation must be in the form provided by ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.067", "name": "ORS 133.067", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.067", "sectionName": "ORS 133.067", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.067", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1991 c.824 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1991 c.824 §2; 1995 c.292 §2; repealed by 1999 c.1051 §72]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.068", "name": "ORS 133.068", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.068", "sectionName": "ORS 133.068", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.068", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Contents of criminal citation issued without complaint. A criminal citation issued without a form of complaint must contain:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Contents of criminal citation issued without complaint. A criminal citation issued without a form of complaint must contain: (1) The name of the court at which the cited person is to appear. (2) The name of the person cited. (3) A brief description of the offense for which the person is charged, the date, time and place at which the offense occurred, the date on which the citation was issued, and the name of the peace officer who issued the citation. (4) The date, time and place at which the person cited is to appear in court, and a summons to so appear. (5) Whether a complaint or information had been filed with the court at the time the citation was issued. (6) If the arrest was made by a private party, the name of the arresting person. (7) The following: ______________________________________________________________________________ READ CAREFULLY This citation is not a complaint or an information. A complaint or an information may be filed and you will be provided a copy thereof at the time of your first appearance. You MUST appear in court at the time set in the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR INFORMATION HAS BEEN FILED, THE COURT WILL IMMEDIATELY ISSUE A WARRANT FOR YOUR ARREST. ______________________________________________________________________________ [1999 c.1051 §60]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The name of the court at which the cited person is to appear.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The name of the person cited.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A brief description of the offense for which the person is charged, the date, time and place at which the offense occurred, the date on which the citation was issued, and the name of the peace officer who issued the citation.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The date, time and place at which the person cited is to appear in court, and a summons to so appear.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Whether a complaint or information had been filed with the court at the time the citation was issued.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "If the arrest was made by a private party, the name of the arresting person.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "The following: ______________________________________________________________________________ READ CAREFULLY This citation is not a complaint or an information. A complaint or an information may be filed and you will be provided a copy thereof at the time of your first appearance. You MUST appear in court at the time set in the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR INFORMATION HAS BEEN FILED, THE COURT WILL IMMEDIATELY ISSUE A WARRANT FOR YOUR ARREST. ______________________________________________________________________________ [1999 c.1051 §60]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.069", "name": "ORS 133.069", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.069", "sectionName": "ORS 133.069", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.069", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Contents of criminal citation issued with complaint; nonconformance.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Contents of criminal citation issued with complaint; nonconformance. (1) A criminal citation issued with a form of complaint must contain: (a) The name of the court at which the cited person is to appear. (b) The name of the person cited. (c) A complaint containing at least the following: (A) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant. (B) A statement or designation of the crime that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the crime is alleged to have been committed. (C) A form of certificate in which the peace officer must certify that the peace officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the offense specified in the complaint. A certificate conforming to this subparagraph shall be deemed equivalent to a sworn complaint. (d) The date on which the citation was issued, and the name of the peace officer who issued the citation. (e) The date, time and place at which the person cited is to appear in court, and a summons to so appear. (f) If the arrest was made by a private party, the name of the arresting person. (2) The district attorney for the county shall review any criminal citation issued with a form of complaint that is to be filed in a circuit or justice court. The review must be done before the complaint is filed. (3) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state. (4) A court may amend a complaint at its discretion. [1999 c.1051 §61; 2001 c.870 §10; 2005 c.566 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A criminal citation issued with a form of complaint must contain:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The name of the court at which the cited person is to appear.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The name of the person cited.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A complaint containing at least the following:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A statement or designation of the crime that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the crime is alleged to have been committed.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A form of certificate in which the peace officer must certify that the peace officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the offense specified in the complaint. A certificate conforming to this subparagraph shall be deemed equivalent to a sworn complaint.", "subsections": []}]}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The date on which the citation was issued, and the name of the peace officer who issued the citation.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The date, time and place at which the person cited is to appear in court, and a summons to so appear.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "If the arrest was made by a private party, the name of the arresting person.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The district attorney for the county shall review any criminal citation issued with a form of complaint that is to be filed in a circuit or justice court. The review must be done before the complaint is filed.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A court may amend a complaint at its discretion. [1999 c.1051 §61; 2001 c.870 §10; 2005 c.566 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.070", "name": "ORS 133.070", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.070", "sectionName": "ORS 133.070", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.070", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Criminal citation where arrest without warrant is authorized for ordinance violation.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section must meet the requirements of ORS 133.055 to"], "ors_citations": ["133.055"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Criminal citation where arrest without warrant is authorized for ordinance violation. (1) In any instance in which a person is subject to arrest without a warrant for violation of an ordinance of a county, city or municipal corporation, any peace officer who is authorized to make the arrest may make the arrest or in lieu of taking the person into custody the officer may issue and serve a criminal citation to the person to appear at any court within the jurisdictional unit by which the officer is authorized to act. (2) Any criminal citation issued under this section must meet the requirements of ORS 133.055 to", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In any instance in which a person is subject to arrest without a warrant for violation of an ordinance of a county, city or municipal corporation, any peace officer who is authorized to make the arrest may make the arrest or in lieu of taking the person into custody the officer may issue and serve a criminal citation to the person to appear at any court within the jurisdictional unit by which the officer is authorized to act.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Any criminal citation issued under this section must meet the requirements of ORS 133.055 to", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.072", "name": "ORS 133.072", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.072", "sectionName": "ORS 133.072", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.072", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1983 c.661 §10;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1983 c.661 §10; repealed by 1999 c.1051 §72]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.073", "name": "ORS 133.073", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.073", "sectionName": "ORS 133.073", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.073", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Electronic filing of criminal citation; court rules.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525. A peace officer who files a criminal citation under this section is deemed to certify the citation and any complaint included with the citation by that filing and has the same rights, responsibilities and liabilities in relation to the citation and any complaint included with the citation as an officer has in relation to citations and complaints that are filed with the court in paper form and are certified by actual signature. (2) A court may allow electronic filing of criminal citations as described under subsection (1) of this section. Procedures established to allow electronic filing of criminal citations under this section shall be established by court rule and shall include procedures necessary to ensure that", "section in the same manner as the manner used for those filed on paper. (3) For a criminal citation with a form of complaint issued under ORS 133.069, the district attorney"], "ors_citations": ["133.065", "1.525", "133.069"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Electronic filing of criminal citation; court rules. (1) Notwithstanding ORS 133.065, a peace officer, following procedures established by court rule, may file a criminal citation with or without a form of complaint with the court by electronic means, without an actual signature of the officer, in lieu of filing a duplicate paper copy of the citation. A criminal citation filed under this section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525. A peace officer who files a criminal citation under this section is deemed to certify the citation and any complaint included with the citation by that filing and has the same rights, responsibilities and liabilities in relation to the citation and any complaint included with the citation as an officer has in relation to citations and complaints that are filed with the court in paper form and are certified by actual signature. (2) A court may allow electronic filing of criminal citations as described under subsection (1) of this section. Procedures established to allow electronic filing of criminal citations under this section shall be established by court rule and shall include procedures necessary to ensure that: (a) An electronically filed criminal citation with or without a form of complaint includes all information required on a uniform citation adopted by the Supreme Court under ORS 1.525. However, an electronically filed criminal citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525, shall not be prohibited by or found in violation of a rule established under this subsection. (b) An electronically filed criminal citation with or without a form of complaint is verifiable as being filed by a specific peace officer. (c) Members of the public can obtain copies of and review a criminal citation with or without a form of complaint that is electronically filed and maintained under this section in the same manner as the manner used for those filed on paper. (3) For a criminal citation with a form of complaint issued under ORS 133.069, the district attorney’s review required by ORS 133.069 and, if necessary, amendments for legal sufficiency, must be completed before the electronic filing of the citation with the form of complaint is made with a court under this section. [2005 c.566 §15; 2015 c.13 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Notwithstanding ORS 133.065, a peace officer, following procedures established by court rule, may file a criminal citation with or without a form of complaint with the court by electronic means, without an actual signature of the officer, in lieu of filing a duplicate paper copy of the citation. A criminal citation filed under this section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525. A peace officer who files a criminal citation under this section is deemed to certify the citation and any complaint included with the citation by that filing and has the same rights, responsibilities and liabilities in relation to the citation and any complaint included with the citation as an officer has in relation to citations and complaints that are filed with the court in paper form and are certified by actual signature. of this section. Procedures established to allow electronic filing of criminal citations under this section shall be established by court rule and shall include procedures necessary to ensure that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An electronically filed criminal citation with or without a form of complaint includes all information required on a uniform citation adopted by the Supreme Court under ORS 1.525. However, an electronically filed criminal citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525, shall not be prohibited by or found in violation of a rule established under this subsection.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An electronically filed criminal citation with or without a form of complaint is verifiable as being filed by a specific peace officer.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Members of the public can obtain copies of and review a criminal citation with or without a form of complaint that is electronically filed and maintained under this section in the same manner as the manner used for those filed on paper.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A court may allow electronic filing of criminal citations as described under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "For a criminal citation with a form of complaint issued under ORS 133.069, the district attorney’s review required by ORS 133.069 and, if necessary, amendments for legal sufficiency, must be completed before the electronic filing of the citation with the form of complaint is made with a court under this section. [2005 c.566 §15; 2015 c.13 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.075", "name": "ORS 133.075", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.075", "sectionName": "ORS 133.075", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.075", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1969 c.244 §9;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.076"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.244 §9; 1973 c.836 §66; 1983 c.661 §3; repealed by 1999 c.1051 §63 (133.076 enacted in lieu of", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.076", "name": "ORS 133.076", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.076", "sectionName": "ORS 133.076", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.076", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Failure to appear on criminal citation.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.055", "133.076", "133.060", "133.075"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Failure to appear on criminal citation. (1) A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 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. (b) Make appearance at the time set for trial in the criminal proceeding. (c) Appear at any other time required by the court or by law. (2) Failure to appear on a criminal citation is a Class A misdemeanor. [1999 c.1051 §64 (enacted in lieu of 133.075)]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 133.076 and the person knowingly fails to do any of the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Make an appearance in the manner required by ORS 133.060.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Make appearance at the time set for trial in the criminal proceeding.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Appear at any other time required by the court or by law.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Failure to appear on a criminal citation is a Class A misdemeanor. [1999 c.1051 §64 (enacted in lieu of 133.075)]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.077", "name": "ORS 133.077", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.077", "sectionName": "ORS 133.077", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.077", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1991 c.592 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1991 c.592 §2; repealed by 1999 c.1051 §72]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.080", "name": "ORS 133.080", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.080", "sectionName": "ORS 133.080", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.080", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1969 c.244 §7;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[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]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.100", "name": "ORS 133.100", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.100", "sectionName": "ORS 133.100", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.100", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1971 c.404 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1971 c.404 §1; 1973 c.836 §67; repealed by 1999 c.1051 §72] WARRANT OF ARREST", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.110", "name": "ORS 133.110", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.110", "sectionName": "ORS 133.110", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.110", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Issuance;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.055"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Issuance; citation. If an information or a complaint has been filed with the magistrate, and the magistrate is satisfied that there is probable cause to believe that the person has committed the crime specified in the information or complaint, the magistrate shall issue a warrant of arrest. If the offense is subject to issuance of a criminal citation under ORS 133.055, the court may authorize a peace officer to issue and serve a criminal citation in lieu of arrest. [Amended by 1969 c.244 §3; 1973 c.836 §68; 1983 c.661 §4; 1999 c.1051 §66]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.120", "name": "ORS 133.120", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.120", "sectionName": "ORS 133.120", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.120", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Authority to issue warrant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.030", "1.615"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority to issue warrant. (1) A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.030 may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court. (2) Notwithstanding subsection (1) of this section, a circuit court judge duly assigned pursuant to ORS 1.615 to serve as a judge pro tempore in a circuit court may issue a warrant of arrest for a crime committed or triable within the territorial jurisdiction of any circuit court in which the judge serves as judge pro tempore if the request for the warrant includes an affidavit showing that a regularly elected or appointed circuit court judge for the judicial district is not available, whether by reason of conflict of interest or other reason, to issue the warrant within a reasonable time. [Amended by 1969 c.198 §60; 1973 c.836 §69; 1977 c.746 §2; 1983 c.661 §5; 2013 c.155 §10]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.030 may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court. of this section, a circuit court judge duly assigned pursuant to ORS 1.615 to serve as a judge pro tempore in a circuit court may issue a warrant of arrest for a crime committed or triable within the territorial jurisdiction of any circuit court in which the judge serves as judge pro tempore if the request for the warrant includes an affidavit showing that a regularly elected or appointed circuit court judge for the judicial district is not available, whether by reason of conflict of interest or other reason, to issue the warrant within a reasonable time. [Amended by 1969 c.198 §60; 1973 c.836 §69; 1977 c.746 §2; 1983 c.661 §5; 2013 c.155 §10]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.130", "name": "ORS 133.130", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.130", "sectionName": "ORS 133.130", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.130", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.140", "name": "ORS 133.140", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.140", "sectionName": "ORS 133.140", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.140", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Content and form of warrant. A warrant of arrest shall:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Content and form of warrant. A warrant of arrest shall: (1) Be in writing; (2) Specify the name of the person to be arrested, or if the name is unknown, shall designate the person by any name or description by which the person can be identified with reasonable certainty; (3) State the nature of the crime; (4) State the date when issued and the county or city where issued; (5) Be in the name of the State of Oregon or the city where issued, be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged; (6) Command any peace officer, or any parole and probation officer for a person who is being supervised by the Department of Corrections or a county community corrections agency, to arrest the person for whom the warrant was issued and to bring the person before the magistrate issuing the warrant, or if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county; (7) Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officer’s authority and purpose, if the issuing judge has approved a request for such special authorization; and (8) Specify the amount of security for release. [Amended by 1961 c.443 §1; 1973 c.836 §70; 1977 c.746 §3; 1983 c.661 §6; 2005 c.668 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Be in writing;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Specify the name of the person to be arrested, or if the name is unknown, shall designate the person by any name or description by which the person can be identified with reasonable certainty;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "State the nature of the crime;", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "State the date when issued and the county or city where issued;", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Be in the name of the State of Oregon or the city where issued, be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged;", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Command any peace officer, or any parole and probation officer for a person who is being supervised by the Department of Corrections or a county community corrections agency, to arrest the person for whom the warrant was issued and to bring the person before the magistrate issuing the warrant, or if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county;", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officer’s authority and purpose, if the issuing judge has approved a request for such special authorization; and", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "Specify the amount of security for release. [Amended by 1961 c.443 §1; 1973 c.836 §70; 1977 c.746 §3; 1983 c.661 §6; 2005 c.668 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.150", "name": "ORS 133.150", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.150", "sectionName": "ORS 133.150", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.150", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1961 c.443 §3]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1961 c.443 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.160", "name": "ORS 133.160", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.160", "sectionName": "ORS 133.160", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.160", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1959 c.664 §28;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1959 c.664 §28; repealed by 1961 c.443 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.170", "name": "ORS 133.170", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.170", "sectionName": "ORS 133.170", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.170", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1961 c.443 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1961 c.443 §2; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.210", "name": "ORS 133.210", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.210", "sectionName": "ORS 133.210", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.210", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358] ARREST", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358] ARREST", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.220", "name": "Who", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.220", "sectionName": "Who", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.220", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "may make arrest. An arrest may be effected by:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.239"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "may make arrest. An arrest may be effected by: (1) A peace officer under a warrant; (2) A peace officer without a warrant; (3) A parole and probation officer under a warrant as provided in ORS 133.239; (4) A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision; (5) A private person; or (6) A federal officer. [Amended by 1981 c.808 §2; 2005 c.668 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A peace officer under a warrant;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A peace officer without a warrant;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A parole and probation officer under a warrant as provided in ORS 133.239;", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision;", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A private person; or", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "A federal officer. [Amended by 1981 c.808 §2; 2005 c.668 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.225", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.225", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.225", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "by private person.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["161.255"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "by private person. (1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer. (2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255. [1973 c.836 §74]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255. [1973 c.836 §74]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.230", "name": "ORS 133.230", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.230", "sectionName": "ORS 133.230", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.230", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.743 §432]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.235", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.235", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.235", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "by peace officer; procedure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.310", "161.233", "161.242", "161.245", "153.039", "810.410"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "by peace officer; procedure. (1) A peace officer may arrest a person for a crime at any hour of any day or night. (2) A peace officer may arrest a person for a crime, pursuant to ORS 133.310 (1), whether or not such crime was committed within the geographical area of such peace officer’s employment, and the peace officer may make such arrest within the state, regardless of the situs of the offense. (3) The officer shall inform the person to be arrested of the officer’s authority and reason for the arrest, and, if the arrest is under a warrant, shall show the warrant, unless the officer encounters physical resistance, flight or other factors rendering this procedure impracticable, in which case the arresting officer shall inform the arrested person and show the warrant, if any, as soon as practicable. (4) In order to make an arrest, a peace officer may use physical force as justifiable under ORS 161.233, 161.242 and 161.245. (5) In order to make an arrest, a peace officer may enter premises in which the officer has probable cause to believe the person to be arrested to be present. (6) If after giving notice of the officer’s identity, authority and purpose, the officer is not admitted, the officer may enter the premises, and by a breaking, if necessary. (7) A person may not be arrested for a violation except to the extent provided by ORS 153.039 and 810.410. [1973 c.836 §71; 1981 c.818 §1; 1999 c.1051 §67; 2020 s.s.2 c.3 §12]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A peace officer may arrest a person for a crime at any hour of any day or night. , whether or not such crime was committed within the geographical area of such peace officer’s employment, and the peace officer may make such arrest within the state, regardless of the situs of the offense.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A peace officer may arrest a person for a crime, pursuant to ORS 133.310", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The officer shall inform the person to be arrested of the officer’s authority and reason for the arrest, and, if the arrest is under a warrant, shall show the warrant, unless the officer encounters physical resistance, flight or other factors rendering this procedure impracticable, in which case the arresting officer shall inform the arrested person and show the warrant, if any, as soon as practicable.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "In order to make an arrest, a peace officer may use physical force as justifiable under ORS 161.233, 161.242 and 161.245.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "In order to make an arrest, a peace officer may enter premises in which the officer has probable cause to believe the person to be arrested to be present.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "If after giving notice of the officer’s identity, authority and purpose, the officer is not admitted, the officer may enter the premises, and by a breaking, if necessary.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "A person may not be arrested for a violation except to the extent provided by ORS 153.039 and 810.410. [1973 c.836 §71; 1981 c.818 §1; 1999 c.1051 §67; 2020 s.s.2 c.3 §12]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.239", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.239", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.239", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "by parole and probation officer; procedure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer. (b) The parole and probation officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "by parole and probation officer; procedure. (1) As used in this section, “parole and probation officer” has the meaning given that term in ORS 181A.355. (2) A parole and probation officer may arrest a person if the person is being supervised by the Department of Corrections or a county community corrections agency. (3)(a) A parole and probation officer making an arrest under this section shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer. (b) The parole and probation officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person. [2005 c.668 §6]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section, “parole and probation officer” has the meaning given that term in ORS 181A.355.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A parole and probation officer may arrest a person if the person is being supervised by the Department of Corrections or a county community corrections agency.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) A parole and probation officer making an arrest under this section shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The parole and probation officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person. [2005 c.668 §6]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.240", "name": "ORS 133.240", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.240", "sectionName": "ORS 133.240", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.240", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.245", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.245", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.245", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "by federal officer; procedure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer. (b) The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person. (5) A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer. (6) A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section"], "ors_citations": ["414.805", "161.233", "161.242", "161.245"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "by federal officer; procedure. (1) A federal officer may arrest a person: (a) For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime. (b) For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime. (c) When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805. (d) When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest. (2) The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest. (3) In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.233, 161.242 and 161.245. (4)(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer. (b) The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person. (5) A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer. (6) A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 §3; 1993 c.254 §2; 1995 c.79 §48; 1997 c.853 §34; 2020 s.s.2 c.3 §13]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A federal officer may arrest a person:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.233, 161.242 and 161.245.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 §3; 1993 c.254 §2; 1995 c.79 §48; 1997 c.853 §34; 2020 s.s.2 c.3 §13]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.250", "name": "ORS 133.250", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.250", "sectionName": "ORS 133.250", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.250", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.260", "name": "ORS 133.260", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.260", "sectionName": "ORS 133.260", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.260", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.270", "name": "ORS 133.270", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.270", "sectionName": "ORS 133.270", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.270", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.280", "name": "ORS 133.280", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.280", "sectionName": "ORS 133.280", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.280", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.743 §432]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.290", "name": "ORS 133.290", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.290", "sectionName": "ORS 133.290", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.290", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.300", "name": "ORS 133.300", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.300", "sectionName": "ORS 133.300", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.300", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.310", "name": "ORS 133.310", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.310", "sectionName": "ORS 133.310", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.310", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Authority of peace officer to arrest without warrant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["30.866", "107.095", "107.716", "107.718", "124.015", "124.020", "133.035", "163.738", "163.765", "163.767", "107.720", "124.030", "163.741", "163.773", "24.190", "135.230", "135.290"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority of peace officer to arrest without warrant. (1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following: (a) A felony. (b) A misdemeanor. (c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor. (d) Any other crime committed in the officer’s presence. (2) A peace officer may arrest a person without a warrant when the peace officer is notified by telegraph, telephone, radio or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer’s jurisdiction. (3) A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that: (a) There exists an order issued pursuant to ORS 30.866, 107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020, 133.035, 163.738, 163.765, 163.767 or 419B.845 restraining the person; (b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720, 124.030, 133.035, 163.741, 163.773 or 419B.845; and (c) The person to be arrested has violated the terms of that order. (4) A peace officer shall arrest and take into custody a person without a warrant if: (a) The person protected by a foreign restraining order as defined by ORS 24.190 presents a physical or electronic copy of the foreign restraining order to the officer and represents to the officer that the order supplied is the most recent order in effect between the parties and that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and (b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order. (5) A peace officer shall arrest and take into custody a person without a warrant if: (a) A foreign restraining order as defined by ORS 24.190 has been filed with a court or has been entered into the Law Enforcement Data System or in the databases of the National Crime Information Center of the United States Department of Justice; and (b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order. (6) A peace officer shall arrest and take into custody a person without a warrant if the peace officer has probable cause to believe: (a) The person has been charged with an offense and is presently released as to that charge under ORS 135.230 to 135.290; and (b) The person has failed to comply with a no contact condition of the release agreement. [Amended by 1963 c.448 §1; 1973 c.836 §72; 1974 c.42 §2; 1977 c.845 §2; 1979 c.522 §2; 1981 c.780 §8; 1981 c.818 §2; 1983 c.338 §887; 1983 c.661 §7; 1987 c.730 §4a; 1989 c.171 §15; 1991 c.208 §2; 1991 c.222 §2; 1993 c.626 §10; 1993 c.731 §3; 1995 c.353 §11; 1995 c.666 §24; 1997 c.249 §45; 1997 c.863 §2; 1999 c.250 §2; 1999 c.1040 §8; 1999 c.1051 §68; 2005 c.753 §1; 2013 c.687 §15; 2015 c.252 §2; 2021 c.326 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following: (c) or", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A felony.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A misdemeanor. A true copy of the order and proof of service on the person has been filed as required in ORS 107.720, 124.030, 133.035, 163.741, 163.773 or 419B.845; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor. The person to be arrested has violated the terms of that order.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Any other crime committed in the officer’s presence. , 107.716, 107.718, 124.015, 124.020, 133.035, 163.738, 163.765, 163.767 or 419B.845 restraining the person;", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A peace officer may arrest a person without a warrant when the peace officer is notified by telegraph, telephone, radio or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer’s jurisdiction.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "There exists an order issued pursuant to ORS 30.866, 107.095", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A peace officer shall arrest and take into custody a person without a warrant if:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The person protected by a foreign restraining order as defined by ORS 24.190 presents a physical or electronic copy of the foreign restraining order to the officer and represents to the officer that the order supplied is the most recent order in effect between the parties and that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A peace officer shall arrest and take into custody a person without a warrant if:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A foreign restraining order as defined by ORS 24.190 has been filed with a court or has been entered into the Law Enforcement Data System or in the databases of the National Crime Information Center of the United States Department of Justice; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "A peace officer shall arrest and take into custody a person without a warrant if the peace officer has probable cause to believe:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The person has been charged with an offense and is presently released as to that charge under ORS 135.230 to 135.290; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The person has failed to comply with a no contact condition of the release agreement. [Amended by 1963 c.448 §1; 1973 c.836 §72; 1974 c.42 §2; 1977 c.845 §2; 1979 c.522 §2; 1981 c.780 §8; 1981 c.818 §2; 1983 c.338 §887; 1983 c.661 §7; 1987 c.730 §4a; 1989 c.171 §15; 1991 c.208 §2; 1991 c.222 §2; 1993 c.626 §10; 1993 c.731 §3; 1995 c.353 §11; 1995 c.666 §24; 1997 c.249 §45; 1997 c.863 §2; 1999 c.250 §2; 1999 c.1040 §8; 1999 c.1051 §68; 2005 c.753 §1; 2013 c.687 §15; 2015 c.252 §2; 2021 c.326 §3]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.315", "name": "ORS 133.315", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.315", "sectionName": "ORS 133.315", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.315", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Liability of peace officer making arrest.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.055", "133.310"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Liability of peace officer making arrest. (1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055 (2) or 133.310 (3) or (5) provided the peace officer acts in good faith and without malice. (2) No peace officer shall be criminally or civilly liable for any arrest made under ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "or 133.310 No peace officer shall be criminally or civilly liable for any arrest made under ORS", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "or", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "provided the peace officer acts in good faith and without malice.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.318", "name": "ORS 133.318", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.318", "sectionName": "ORS 133.318", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.318", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Providing false foreign restraining order; false representation to peace officer.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["24.190"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Providing false foreign restraining order; false representation to peace officer. (1) Any person who provides to a peace officer a copy of a writing purporting to be a foreign restraining order as defined by ORS 24.190 knowing that no valid foreign restraining order is in effect shall be guilty of a Class A misdemeanor. (2) Any person who represents to a peace officer that a foreign restraining order is the most recent order in effect between the parties or that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order knowing that the representation is false commits a Class A misdemeanor. [1991 c.222 §4; 1999 c.250 §4; 2011 c.506 §11; 2011 c.644 §15]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any person who provides to a peace officer a copy of a writing purporting to be a foreign restraining order as defined by ORS 24.190 knowing that no valid foreign restraining order is in effect shall be guilty of a Class A misdemeanor.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Any person who represents to a peace officer that a foreign restraining order is the most recent order in effect between the parties or that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order knowing that the representation is false commits a Class A misdemeanor. [1991 c.222 §4; 1999 c.250 §4; 2011 c.506 §11; 2011 c.644 §15]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.320", "name": "ORS 133.320", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.320", "sectionName": "ORS 133.320", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.320", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.330", "name": "ORS 133.330", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.330", "sectionName": "ORS 133.330", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.330", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.340", "name": "ORS 133.340", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.340", "sectionName": "ORS 133.340", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.340", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Authority to order arrest for crime committed in presence of magistrate.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority to order arrest for crime committed in presence of magistrate. When a crime is committed in the presence of a magistrate, the magistrate may, by a verbal or written order, command any person to arrest the offender and may thereupon proceed as if the offender had been brought before the magistrate upon a warrant of arrest. [Amended by 1973 c.836 §73; 1983 c.661 §8]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.350", "name": "ORS 133.350", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.350", "sectionName": "ORS 133.350", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.350", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.360", "name": "ORS 133.360", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.360", "sectionName": "ORS 133.360", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.360", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Arrests on warrant or order transmitted by telegraph.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["165.840"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Arrests on warrant or order transmitted by telegraph. Whenever any person has been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest has been issued, the magistrate issuing the warrant, or any judge of the Supreme Court, or of the Court of Appeals, or of a circuit or county court, may indorse thereon an order signed by the magistrate or judge authorizing the service thereof by telegraph. Thereupon the warrant and order may be sent by telegraph to any marshal, sheriff, constable or police officer and on receipt of the telegraphic copy thereof, as defined in ORS 165.840, by any such officer, the officer shall have the same authority and be under the same obligations to arrest, take into custody and detain the person as if the original warrant of arrest with the proper direction for its service duly indorsed thereon had been placed in the hands of the officer. The telegraphic copy shall be entitled to full faith and credit and shall have the same force and effect in all courts and places as the original. Prior to indictment or conviction, no such order shall be made by any officer unless in the judgment of the officer there is probable cause to believe the accused person guilty of the offense charged, but the making of such order by any officer is prima facie evidence of the regularity thereof and of all proceedings prior thereto. The original warrant and order, or a copy thereof certified by the officer making the order, shall be preserved in the telegraph office from which the same is sent and in telegraphing the same, the original or the certified copy may be used. [Amended by 1969 c.198 §61; 1991 c.67 §26]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.370", "name": "ORS 133.370", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.370", "sectionName": "ORS 133.370", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.370", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.743 §432]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.375", "name": "ORS 133.375", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.375", "sectionName": "ORS 133.375", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.375", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Definitions for ORS 133.375 to 133.381. As used in ORS 133.375 to 133.381:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.375", "133.381", "167.310", "770.210"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 133.375 to 133.381. As used in ORS 133.375 to 133.381: (1) “Animal” has the meaning given that term in ORS 167.310. (2) “Owner” or “person” includes corporations as well as individuals. [Formerly 770.210; 1985 c.662 §11; 2011 c.9 §6]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Animal” has the meaning given that term in ORS 167.310.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Owner” or “person” includes corporations as well as individuals. [Formerly 770.210; 1985 c.662 §11; 2011 c.9 §6]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.377", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.377", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.377", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of persons for cruelty to animals; immunity of peace officer providing care for animal.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided"], "ors_citations": ["167.315", "167.333", "167.340", "167.355", "167.365", "167.428", "770.230"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of persons for cruelty to animals; immunity of peace officer providing care for animal. (1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace. (2) The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owners of the animals found in the charge of the person arrested, and shall properly care and provide for such animals until the owners or their duly authorized agents take charge of them; provided, such owners or agents shall claim and take charge of the animals within 60 days from the date of said notice. (3) The person making such arrest shall have a lien upon the animals for the expense of such care and provisions. (4) Any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided. [Formerly 770.230; 1983 c.648 §2; 1985 c.662 §12; 2001 c.926 §16; 2009 c.550 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owners of the animals found in the charge of the person arrested, and shall properly care and provide for such animals until the owners or their duly authorized agents take charge of them; provided, such owners or agents shall claim and take charge of the animals within 60 days from the date of said notice.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The person making such arrest shall have a lien upon the animals for the expense of such care and provisions.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided. [Formerly 770.230; 1983 c.648 §2; 1985 c.662 §12; 2001 c.926 §16; 2009 c.550 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.379", "name": "Duty", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.379", "sectionName": "Duty", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.379", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of peace officer to arrest and prosecute violators of cruelty to animals laws.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["167.315", "167.333", "167.340", "167.355", "167.365", "167.428", "770.240"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of peace officer to arrest and prosecute violators of cruelty to animals laws. It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 for any violation which comes to the knowledge or notice of the officer. [Formerly 770.240; 1983 c.648 §3; 1985 c.662 §13; 2001 c.926 §17; 2009 c.550 §5; 2012 c.89 §9]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.380", "name": "ORS 133.380", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.380", "sectionName": "ORS 133.380", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.380", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.743 §432]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.381", "name": "ORS 133.381", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.381", "sectionName": "ORS 133.381", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.381", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section is subsequently found subject to the imposition of sanctions for contempt, the court, in addition to any other sanction it may impose, may order the person to repay a county all costs of transportation incurred by the county pursuant to subsection (1) of this section"], "ors_citations": ["133.310", "33.075", "107.095", "107.716", "107.718", "124.015", "124.020", "163.765", "163.767", "133.450"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued. (1) When a peace officer arrests a person pursuant to ORS 133.310 (3) or pursuant to a warrant issued under ORS 33.075 by a court or judicial officer for the arrest of a person charged with contempt for violating an order issued under ORS 107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020, 163.765 or 163.767, if the person is arrested in a county other than that in which the warrant or order was originally issued, the peace officer shall take the person before a magistrate as provided in ORS 133.450. If it becomes necessary to take the arrested person to the county in which the warrant or order was originally issued, the costs of such transportation shall be paid by that county. (2) If a person arrested for the reasons described in subsection (1) of this section is subsequently found subject to the imposition of sanctions for contempt, the court, in addition to any other sanction it may impose, may order the person to repay a county all costs of transportation incurred by the county pursuant to subsection (1) of this section. [1979 c.162 §2; 1981 c.780 §9; 1991 c.724 §24; 1995 c.666 §25; 2013 c.687 §16]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When a peace officer arrests a person pursuant to ORS 133.310 (c) or of this section is subsequently found subject to the imposition of sanctions for contempt, the court, in addition to any other sanction it may impose, may order the person to repay a county all costs of transportation incurred by the county pursuant to subsection of this section. [1979 c.162 §2; 1981 c.780 §9; 1991 c.724 §24; 1995 c.666 §25; 2013 c.687 §16]", "subsections": [{"label": "(d)", "token": "d", "kind": "alpha_lower", "text": ", 107.716, 107.718, 124.015, 124.020, 163.765 or 163.767, if the person is arrested in a county other than that in which the warrant or order was originally issued, the peace officer shall take the person before a magistrate as provided in ORS 133.450. If it becomes necessary to take the arrested person to the county in which the warrant or order was originally issued, the costs of such transportation shall be paid by that county.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "or pursuant to a warrant issued under ORS 33.075 by a court or judicial officer for the arrest of a person charged with contempt for violating an order issued under ORS 107.095", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If a person arrested for the reasons described in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.400", "name": "ORS 133.400", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.400", "sectionName": "ORS 133.400", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.400", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Recording of custodial interviews of adults.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not apply to", "section in a criminal proceeding alleging the commission of aggravated murder or a crime listed in ORS 137.700 or 137.707 and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection (1) of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done. (b) The court may not exclude the defendant"], "ors_citations": ["163.095", "137.700", "137.707", "135.805", "135.873", "135.815", "40.505", "132.320"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Recording of custodial interviews of adults. (1) A custodial interview conducted by a peace officer in a law enforcement facility shall be electronically recorded if the interview is conducted in connection with an investigation into aggravated murder as defined in ORS 163.095 or a crime listed in ORS 137.700 or 137.707. (2) Subsection (1) of this section does not apply to: (a) A statement made before a grand jury; (b) A statement made on the record in open court; (c) A custodial interview conducted in another state in compliance with the laws of that state; (d) A custodial interview conducted by a federal law enforcement officer in compliance with the laws of the United States; (e) A statement that was spontaneously volunteered and did not result from a custodial interview; (f) A statement made during arrest processing in response to a routine question; (g) A law enforcement agency that employs five or fewer peace officers; (h) A custodial interview conducted in connection with an investigation carried out by a corrections officer, a youth corrections officer or a staff member of the Oregon State Hospital in the performance of the officer’s or staff member’s official duties of treatment, custody, control or supervision of individuals committed to or confined in a place of incarceration or detention; or (i) A custodial interview for which the state demonstrates good cause for the failure to electronically record the interview. (3)(a) If the state offers an unrecorded statement made under the circumstances described in subsection (1) of this section in a criminal proceeding alleging the commission of aggravated murder or a crime listed in ORS 137.700 or 137.707 and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection (1) of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done. (b) The court may not exclude the defendant’s statement or dismiss criminal charges as a result of a violation of this section. (c) If each of the statements made by the defendant that the state offers into evidence is recorded, the court may not give a cautionary jury instruction regarding the content of the defendant’s statements. (4) A law enforcement agency that creates an electronic recording of a custodial interview shall preserve the recording until the defendant’s conviction for the offense is final and all direct, post-conviction relief and habeas corpus appeals are exhausted, or until the prosecution of the offense is barred by law. (5) The state shall provide an electronic copy of a defendant’s custodial interview to a defendant in accordance with ORS 135.805 to 135.873. Providing an electronic copy of the custodial interview to the defendant constitutes compliance with ORS 135.815 (1)(b), and the state is not required to provide the defendant with a transcript of the contents of the interview. Unless the court orders otherwise, the defendant’s attorney may not copy, disseminate or republish the electronic copy of the custodial interview, except to provide a copy to an agent of the defendant’s attorney for the limited purpose of case preparation. (6) An electronic recording of a custodial interview, and any transcription of the recording, that is certified as containing a complete recording, or a complete transcription, of the entirety of the custodial interview, from the advisement of constitutional rights to the conclusion of the custodial interview, is admissible in any pretrial or post-trial hearing for the purpose of establishing the contents of a statement made in the recording and the identity of the person who made the statement, if the statement is otherwise admissible. A certification that complies with this subsection satisfies the requirements of ORS 40.505 and 132.320 for the recording or transcription. This subsection does not prohibit a party from calling a witness to testify regarding the custodial interview. (7) As used in this section: (a) “Custodial interview” means an interview in which the person questioned is in custody and is required to be advised of the person’s constitutional rights. (b) “Good cause” includes, but is not limited to, situations in which: (A) The defendant refused, or expressed an unwillingness, to have the custodial interview electronically recorded; (B) The failure to electronically record the custodial interview was the result of equipment failure and a replacement device was not immediately available; (C) The person operating the recording equipment believed, in good faith, that the equipment was recording the custodial interview; (D) Electronically recording the custodial interview would jeopardize the safety of any person or the identity of a confidential informant; (E) Exigent circumstances prevented the recording of the custodial interview; or (F) The peace officer conducting the custodial interview reasonably believed, at the time the custodial interview began, that the custodial interview was conducted in connection with a crime other than aggravated murder as defined in ORS 163.095 or a crime listed in ORS 137.700 or 137.707. (c) “Law enforcement facility” means a courthouse, building or premises that is a place of operation for a municipal police department, county sheriff’s office or other law enforcement agency at which persons may be detained in connection with a juvenile delinquency petition or criminal charge. [2009 c.488 §1; 2017 c.431 §1; 2019 c.216 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A custodial interview conducted by a peace officer in a law enforcement facility shall be electronically recorded if the interview is conducted in connection with an investigation into aggravated murder as defined in ORS 163.095 or a crime listed in ORS 137.700 or 137.707. of this section does not apply to: of this section in a criminal proceeding alleging the commission of aggravated murder or a crime listed in ORS 137.700 or 137.707 and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done. (b), and the state is not required to provide the defendant with a transcript of the contents of the interview. Unless the court orders otherwise, the defendant’s attorney may not copy, disseminate or republish the electronic copy of the custodial interview, except to provide a copy to an agent of the defendant’s attorney for the limited purpose of case preparation.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A statement made before a grand jury;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A statement made on the record in open court; The court may not exclude the defendant’s statement or dismiss criminal charges as a result of a violation of this section.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A custodial interview conducted in another state in compliance with the laws of that state; If each of the statements made by the defendant that the state offers into evidence is recorded, the court may not give a cautionary jury instruction regarding the content of the defendant’s statements.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "A custodial interview conducted by a federal law enforcement officer in compliance with the laws of the United States;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A statement that was spontaneously volunteered and did not result from a custodial interview;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A statement made during arrest processing in response to a routine question;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "A law enforcement agency that employs five or fewer peace officers;", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "A custodial interview conducted in connection with an investigation carried out by a corrections officer, a youth corrections officer or a staff member of the Oregon State Hospital in the performance of the officer’s or staff member’s official duties of treatment, custody, control or supervision of individuals committed to or confined in a place of incarceration or detention; or", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "A custodial interview for which the state demonstrates good cause for the failure to electronically record the interview.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Subsection of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) If the state offers an unrecorded statement made under the circumstances described in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A law enforcement agency that creates an electronic recording of a custodial interview shall preserve the recording until the defendant’s conviction for the offense is final and all direct, post-conviction relief and habeas corpus appeals are exhausted, or until the prosecution of the offense is barred by law.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The state shall provide an electronic copy of a defendant’s custodial interview to a defendant in accordance with ORS 135.805 to 135.873. Providing an electronic copy of the custodial interview to the defendant constitutes compliance with ORS 135.815", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "An electronic recording of a custodial interview, and any transcription of the recording, that is certified as containing a complete recording, or a complete transcription, of the entirety of the custodial interview, from the advisement of constitutional rights to the conclusion of the custodial interview, is admissible in any pretrial or post-trial hearing for the purpose of establishing the contents of a statement made in the recording and the identity of the person who made the statement, if the statement is otherwise admissible. A certification that complies with this subsection satisfies the requirements of ORS 40.505 and 132.320 for the recording or transcription. This subsection does not prohibit a party from calling a witness to testify regarding the custodial interview.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Custodial interview” means an interview in which the person questioned is in custody and is required to be advised of the person’s constitutional rights.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Good cause” includes, but is not limited to, situations in which:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The defendant refused, or expressed an unwillingness, to have the custodial interview electronically recorded;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The failure to electronically record the custodial interview was the result of equipment failure and a replacement device was not immediately available;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The person operating the recording equipment believed, in good faith, that the equipment was recording the custodial interview;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Electronically recording the custodial interview would jeopardize the safety of any person or the identity of a confidential informant;", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "Exigent circumstances prevented the recording of the custodial interview; or", "subsections": []}, {"label": "(F)", "token": "F", "kind": "alpha_upper", "text": "The peace officer conducting the custodial interview reasonably believed, at the time the custodial interview began, that the custodial interview was conducted in connection with a crime other than aggravated murder as defined in ORS 163.095 or a crime listed in ORS 137.700 or 137.707.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Law enforcement facility” means a courthouse, building or premises that is a place of operation for a municipal police department, county sheriff’s office or other law enforcement agency at which persons may be detained in connection with a juvenile delinquency petition or criminal charge. [2009 c.488 §1; 2017 c.431 §1; 2019 c.216 §1]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.402", "name": "ORS 133.402", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.402", "sectionName": "ORS 133.402", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.402", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Recording of custodial interviews of juveniles.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not apply to", "section in a criminal proceeding alleging the commission of a misdemeanor or a felony, or an allegation that a person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection (1) of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done. (b) The court may not exclude the defendant", "section in a juvenile delinquency proceeding alleging the commission of an act that, if committed by an adult would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, the court shall consider the superior reliability of electronic recordings when compared with testimony about what was said and done when determining the evidentiary value of the statement. (5) A law enforcement agency that creates an electronic recording of a custodial interview shall preserve the recording until the defendant"], "ors_citations": ["135.805", "135.873", "135.815", "40.505", "132.320", "133.005", "352.118"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Recording of custodial interviews of juveniles. (1)(a) A custodial interview inside a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if the custodial interview is conducted with a person under 18 years of age in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony. (b) A custodial interview anywhere outside of a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if: (A) The custodial interview is conducted with a person under 18 years of age in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony; and (B) A video camera is worn upon the officer’s person. (2) Subsection (1) of this section does not apply to: (a) A statement made before a grand jury; (b) A statement made on the record in open court; (c) A custodial interview conducted in another state in compliance with the laws of that state; (d) A custodial interview conducted by a federal law enforcement officer in compliance with the laws of the United States; (e) A statement that was spontaneously volunteered and did not result from a custodial interview; (f) A statement made during custody processing in response to a routine question; (g) A law enforcement agency that employs five or fewer peace officers; (h) A custodial interview conducted in connection with an investigation carried out by a youth corrections officer or a staff member of the Oregon State Hospital in the performance of the officer’s or staff member’s official duties of treatment, custody, control or supervision of individuals committed to or confined in a place of incarceration or detention; (i) A custodial interview for which the state demonstrates good cause for the failure to electronically record the custodial interview; or (j) A custodial interview if the defendant’s or youth’s age was unknown to the officer or would not have been objectively apparent to a reasonable officer. (3)(a) If the state offers an unrecorded statement made under the circumstances described in subsection (1) of this section in a criminal proceeding alleging the commission of a misdemeanor or a felony, or an allegation that a person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection (1) of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done. (b) The court may not exclude the defendant’s statement or dismiss criminal charges as a result of a violation of this section. (c) If each of the statements made by the defendant that the state offers into evidence is recorded, the court may not give a cautionary jury instruction regarding the content of the defendant’s statements. (4) If the state offers an unrecorded statement made under the circumstances described in subsection (1) of this section in a juvenile delinquency proceeding alleging the commission of an act that, if committed by an adult would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, the court shall consider the superior reliability of electronic recordings when compared with testimony about what was said and done when determining the evidentiary value of the statement. (5) A law enforcement agency that creates an electronic recording of a custodial interview shall preserve the recording until the defendant’s conviction or youth’s adjudication for the offense is final and all direct, post-conviction relief and habeas corpus appeals are exhausted, or until the prosecution of the offense is barred by law. (6) The state shall provide an electronic copy of a defendant’s or youth’s custodial interview to a defendant or youth in accordance with ORS 135.805 to 135.873. Providing an electronic copy of the custodial interview to the defendant or youth constitutes compliance with ORS 135.815 (1)(b), and the state is not required to provide the defendant or youth with a transcript of the contents of the custodial interview. Unless the court orders otherwise, the defendant’s or youth’s attorney may not copy, disseminate or republish the electronic copy of the custodial interview, except to provide a copy to an agent of the defendant’s or youth’s attorney for the limited purpose of case preparation. (7) An electronic recording of a custodial interview, and any transcription of the recording, that is certified as containing a complete recording, or a complete transcription, of the entirety of the custodial interview, from the advisement of constitutional rights to the conclusion of the custodial interview, is admissible in any preadjudication or post-adjudication hearing for the purpose of establishing the contents of a statement made in the recording and the identity of the person who made the statement, if the statement is otherwise admissible. A certification that complies with this subsection satisfies the requirements of ORS 40.505 and 132.320 for the recording or transcription. This subsection does not prohibit a party from calling a witness to testify regarding the custodial interview. (8) As used in this section: (a) “Custodial interview” means an interview in which the person questioned is in custody and is required to be advised of the person’s constitutional rights. (b) “Good cause” includes, but is not limited to, situations in which: (A) The defendant or youth refused, or expressed an unwillingness, to have the custodial interview electronically recorded; (B) The failure to electronically record the custodial interview was the result of equipment failure and a replacement device was not immediately available; (C) The person operating the recording equipment believed, in good faith, that the equipment was recording the custodial interview; (D) Electronically recording the custodial interview would jeopardize the safety of any person or the identity of a confidential informant; (E) Exigent circumstances prevented the recording of the custodial interview; or (F) The person conducting the custodial interview did not possess a wearable video camera to electronically record the custodial interview outside of a law enforcement facility. (c) “Law enforcement facility” means a courthouse, building or premises that is a place of operation for a municipal police department, county sheriff’s office or other law enforcement agency at which persons may be detained in connection with a juvenile delinquency petition or criminal charge. (d) “Peace officer” has the meaning given that term in ORS 133.005. (e) “School resource officer” means a peace officer who is assigned to a school. (f) “Special campus security officer” means a special campus security officer described in ORS 352.118. [2019 c.216 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) A custodial interview inside a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if the custodial interview is conducted with a person under 18 years of age in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony. of this section does not apply to: of this section in a criminal proceeding alleging the commission of a misdemeanor or a felony, or an allegation that a person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done. of this section in a juvenile delinquency proceeding alleging the commission of an act that, if committed by an adult would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (b), and the state is not required to provide the defendant or youth with a transcript of the contents of the custodial interview. Unless the court orders otherwise, the defendant’s or youth’s attorney may not copy, disseminate or republish the electronic copy of the custodial interview, except to provide a copy to an agent of the defendant’s or youth’s attorney for the limited purpose of case preparation.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A custodial interview anywhere outside of a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if: A statement made on the record in open court; The court may not exclude the defendant’s statement or dismiss criminal charges as a result of a violation of this section.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The custodial interview is conducted with a person under 18 years of age in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A video camera is worn upon the officer’s person.", "subsections": []}]}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A statement made before a grand jury;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A custodial interview conducted in another state in compliance with the laws of that state; If each of the statements made by the defendant that the state offers into evidence is recorded, the court may not give a cautionary jury instruction regarding the content of the defendant’s statements.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "A custodial interview conducted by a federal law enforcement officer in compliance with the laws of the United States;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A statement that was spontaneously volunteered and did not result from a custodial interview;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A statement made during custody processing in response to a routine question;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "A law enforcement agency that employs five or fewer peace officers;", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "A custodial interview conducted in connection with an investigation carried out by a youth corrections officer or a staff member of the Oregon State Hospital in the performance of the officer’s or staff member’s official duties of treatment, custody, control or supervision of individuals committed to or confined in a place of incarceration or detention;", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "A custodial interview for which the state demonstrates good cause for the failure to electronically record the custodial interview; or", "subsections": []}, {"label": "(j)", "token": "j", "kind": "alpha_lower", "text": "A custodial interview if the defendant’s or youth’s age was unknown to the officer or would not have been objectively apparent to a reasonable officer.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Subsection of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection of this section applies, the court shall consider the superior reliability of electronic recordings when compared with testimony about what was said and done when determining the evidentiary value of the statement.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) If the state offers an unrecorded statement made under the circumstances described in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If the state offers an unrecorded statement made under the circumstances described in subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "A law enforcement agency that creates an electronic recording of a custodial interview shall preserve the recording until the defendant’s conviction or youth’s adjudication for the offense is final and all direct, post-conviction relief and habeas corpus appeals are exhausted, or until the prosecution of the offense is barred by law.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The state shall provide an electronic copy of a defendant’s or youth’s custodial interview to a defendant or youth in accordance with ORS 135.805 to 135.873. Providing an electronic copy of the custodial interview to the defendant or youth constitutes compliance with ORS 135.815", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "An electronic recording of a custodial interview, and any transcription of the recording, that is certified as containing a complete recording, or a complete transcription, of the entirety of the custodial interview, from the advisement of constitutional rights to the conclusion of the custodial interview, is admissible in any preadjudication or post-adjudication hearing for the purpose of establishing the contents of a statement made in the recording and the identity of the person who made the statement, if the statement is otherwise admissible. A certification that complies with this subsection satisfies the requirements of ORS 40.505 and 132.320 for the recording or transcription. This subsection does not prohibit a party from calling a witness to testify regarding the custodial interview.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Custodial interview” means an interview in which the person questioned is in custody and is required to be advised of the person’s constitutional rights.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Good cause” includes, but is not limited to, situations in which:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The defendant or youth refused, or expressed an unwillingness, to have the custodial interview electronically recorded;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The failure to electronically record the custodial interview was the result of equipment failure and a replacement device was not immediately available;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The person operating the recording equipment believed, in good faith, that the equipment was recording the custodial interview;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Electronically recording the custodial interview would jeopardize the safety of any person or the identity of a confidential informant;", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "Exigent circumstances prevented the recording of the custodial interview; or", "subsections": []}, {"label": "(F)", "token": "F", "kind": "alpha_upper", "text": "The person conducting the custodial interview did not possess a wearable video camera to electronically record the custodial interview outside of a law enforcement facility.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Law enforcement facility” means a courthouse, building or premises that is a place of operation for a municipal police department, county sheriff’s office or other law enforcement agency at which persons may be detained in connection with a juvenile delinquency petition or criminal charge.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "“Peace officer” has the meaning given that term in ORS 133.005.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "“School resource officer” means a peace officer who is assigned to a school.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "“Special campus security officer” means a special campus security officer described in ORS 352.118. [2019 c.216 §2] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.403", "name": "ORS 133.403", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.403", "sectionName": "ORS 133.403", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.403", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Voluntariness of statement by juvenile during custodial interview.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.402", "133.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Voluntariness of statement by juvenile during custodial interview. (1) A statement made by a person during a custodial interview conducted by a peace officer is presumed to be involuntary if the person is under 18 years of age and the statement is made in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult would constitute a misdemeanor or a felony, and the court determines that the peace officer intentionally used information known by the officer to be false to elicit the statement. This presumption may be overcome if the state proves by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the peace officer to elicit the statement. (2) As used in this section: (a) “Custodial interview” has the meaning given that term in ORS 133.402. (b) “Peace officer” has the meaning given that term in ORS 133.005. [2021 c.487 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A statement made by a person during a custodial interview conducted by a peace officer is presumed to be involuntary if the person is under 18 years of age and the statement is made in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult would constitute a misdemeanor or a felony, and the court determines that the peace officer intentionally used information known by the officer to be false to elicit the statement. This presumption may be overcome if the state proves by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the peace officer to elicit the statement.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Custodial interview” has the meaning given that term in ORS 133.402.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Peace officer” has the meaning given that term in ORS 133.005. [2021 c.487 §1] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.405", "name": "to 133.408 were enacted", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.405", "sectionName": "to 133.408 were enacted", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.405", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "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.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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. See Preface to Oregon Revised Statutes for further explanation.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.407", "name": "ORS 133.407", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.407", "sectionName": "ORS 133.407", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.407", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Immunities and liabilities; supervision; compensation; training.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.405", "133.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Immunities and liabilities; supervision; compensation; training. (1) A certified peace officer who exercises authority under ORS 133.405 and the officer’s employing agency are subject to the same civil immunities and liabilities as a peace officer and the peace officer’s employing agency in Oregon. (2) A certified peace officer who exercises authority under ORS 133.405 is subject to the supervisory control of and limitations imposed by the certified peace officer’s employing agency unless supervisory control is temporarily delegated to an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police. (3) The certified peace officer may not receive separate compensation from an Oregon law enforcement agency for providing law enforcement services within this state under ORS 133.405. (4) Notwithstanding any other provision of law, any person who is acting as a certified peace officer in this state in the manner described in ORS 133.405 is deemed to have met the requirements of ORS 133.005 (3) if the certified peace officer has completed the basic training required for peace officers in the adjoining state in which the certified peace officer is employed. [2011 c.472 §2] Note: See note under 133.405.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A certified peace officer who exercises authority under ORS 133.405 and the officer’s employing agency are subject to the same civil immunities and liabilities as a peace officer and the peace officer’s employing agency in Oregon.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A certified peace officer who exercises authority under ORS 133.405 is subject to the supervisory control of and limitations imposed by the certified peace officer’s employing agency unless supervisory control is temporarily delegated to an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The certified peace officer may not receive separate compensation from an Oregon law enforcement agency for providing law enforcement services within this state under ORS 133.405. if the certified peace officer has completed the basic training required for peace officers in the adjoining state in which the certified peace officer is employed. [2011 c.472 §2] Note: See note under 133.405.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Notwithstanding any other provision of law, any person who is acting as a certified peace officer in this state in the manner described in ORS 133.405 is deemed to have met the requirements of ORS 133.005", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.408", "name": ":", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.408", "sectionName": ":", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.408", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "(a) “Adjoining state” means California, Idaho, Nevada or Washington.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section applies when the certified peace officer is providing, or attempting to provide, law enforcement services under any of the following circumstances", "section does not confer upon a certified peace officer the authority to enforce Oregon traffic or motor vehicle laws"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "(a) “Adjoining state” means California, Idaho, Nevada or Washington. (b) “Certified peace officer” means a regularly employed peace officer or police officer from an adjoining state, including a peace officer or police officer employed by a local government of an adjoining state. (c) “Employing agency” means a state or local government of an adjoining state that employs a certified peace officer. (2) A certified peace officer is a peace officer and a police officer in this state when: (a) The officer enters this state in order to provide, or attempt to provide, law enforcement services described in subsection (3) of this section; and (b) The law enforcement services occur within 50 miles from the contiguous border of this state and the adjoining state where the officer is employed. (3) Subsection (2) of this section applies when the certified peace officer is providing, or attempting to provide, law enforcement services under any of the following circumstances: (a) In response to a request for law enforcement services initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police. (b) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police for those services is impractical to obtain under the circumstances. The certified police officer shall obtain authorization from an Oregon law enforcement agency having jurisdiction over the location where the services were provided as soon as is practicable after the services have been provided. (c) For the purpose of assisting an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State police in providing emergency service in response to criminal activity, traffic accidents, emergency incidents or other similar public safety problems, whether or not an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police is present at the scene of the incident. (4) When a certified peace officer exercises any authority granted under this section, the officer shall submit, as soon as is practicable, a written report concerning the incident to the Oregon law enforcement agency having primary jurisdiction over the geographic area in which the incident occurred. Oregon law enforcement agencies may establish reporting procedures and forms to facilitate reporting required under this subsection. (5) This section does not confer upon a certified peace officer the authority to enforce Oregon traffic or motor vehicle laws. [2011 c.472 §1] Note:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Adjoining state” means California, Idaho, Nevada or Washington.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Certified peace officer” means a regularly employed peace officer or police officer from an adjoining state, including a peace officer or police officer employed by a local government of an adjoining state.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Employing agency” means a state or local government of an adjoining state that employs a certified peace officer.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A certified peace officer is a peace officer and a police officer in this state when: of this section applies when the certified peace officer is providing, or attempting to provide, law enforcement services under any of the following circumstances:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The officer enters this state in order to provide, or attempt to provide, law enforcement services described in subsection In response to a request for law enforcement services initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police for those services is impractical to obtain under the circumstances. The certified police officer shall obtain authorization from an Oregon law enforcement agency having jurisdiction over the location where the services were provided as soon as is practicable after the services have been provided.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "For the purpose of assisting an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State police in providing emergency service in response to criminal activity, traffic accidents, emergency incidents or other similar public safety problems, whether or not an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police is present at the scene of the incident.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "of this section; and Subsection", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The law enforcement services occur within 50 miles from the contiguous border of this state and the adjoining state where the officer is employed.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "When a certified peace officer exercises any authority granted under this section, the officer shall submit, as soon as is practicable, a written report concerning the incident to the Oregon law enforcement agency having primary jurisdiction over the geographic area in which the incident occurred. Oregon law enforcement agencies may establish reporting procedures and forms to facilitate reporting required under this subsection.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "This section does not confer upon a certified peace officer the authority to enforce Oregon traffic or motor vehicle laws. [2011 c.472 §1] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.410", "name": "Short", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.410", "sectionName": "Short", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.410", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "title.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.410", "133.440"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "title. ORS 133.410 to 133.440 may be cited as the Uniform Act on Fresh Pursuit.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.420", "name": "ORS 133.420", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.420", "sectionName": "ORS 133.420", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.420", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Definitions for ORS 133.410 to 133.440. As used in ORS 133.410 to 133.440:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.410", "133.440"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 133.410 to 133.440. As used in ORS 133.410 to 133.440: (1) “Fresh pursuit” includes fresh pursuit as defined by the common law; the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony; and the pursuit of a person suspected of having committed a felony, though no felony actually has been committed, if there is reasonable ground for believing that a felony has been committed. It does not necessarily imply instant pursuit, but pursuit without unreasonable delay. (2) “State” includes the District of Columbia.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Fresh pursuit” includes fresh pursuit as defined by the common law; the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony; and the pursuit of a person suspected of having committed a felony, though no felony actually has been committed, if there is reasonable ground for believing that a felony has been committed. It does not necessarily imply instant pursuit, but pursuit without unreasonable delay.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“State” includes the District of Columbia.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.430", "name": "ORS 133.430", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.430", "sectionName": "ORS 133.430", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.430", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Authority to make arrest in fresh pursuit.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall not be construed to make unlawful any arrest in this state which otherwise would be lawful"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority to make arrest in fresh pursuit. (1) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state. (2) This section shall not be construed to make unlawful any arrest in this state which otherwise would be lawful.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "This section shall not be construed to make unlawful any arrest in this state which otherwise would be lawful.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.440", "name": "ORS 133.440", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.440", "sectionName": "ORS 133.440", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.440", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Proceedings following arrest in fresh pursuit.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.430"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Proceedings following arrest in fresh pursuit. If an arrest is made in this state by an officer of another state in accordance with ORS 133.430, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested. PROCEDURES AFTER ARREST", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.450", "name": "Return", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.450", "sectionName": "Return", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.450", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of arrest warrant; release decision.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.230", "135.290"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of arrest warrant; release decision. (1) If the defendant is arrested in the county in which the warrant issued, the defendant shall be taken before the magistrate who issued the warrant, or, if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county; but if the defendant is arrested in another county and the crime charged in the warrant is a misdemeanor, the officer shall, upon being required by the defendant, take the defendant before a magistrate of that county, who shall make a release decision as provided in ORS 135.230 to 135.290. The officer shall at the same time deliver to the magistrate the warrant with the return of the officer indorsed and subscribed by the officer. (2) After making the release decision, the magistrate shall certify that fact on the warrant and return the warrant and release agreement or security release to the officer having charge of the defendant. The officer shall then discharge the defendant from arrest and without delay deliver the warrant and release agreement or security release to the clerk of the court in the other county at which the defendant is required to appear. (3) If the defendant is to be released and does not agree to the release agreement, or a security deposit is not forthwith given, the officer shall take the defendant before the magistrate who issued the warrant or some other magistrate in that county, as provided in this section, together with the warrant. [Formerly", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the defendant is arrested in the county in which the warrant issued, the defendant shall be taken before the magistrate who issued the warrant, or, if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county; but if the defendant is arrested in another county and the crime charged in the warrant is a misdemeanor, the officer shall, upon being required by the defendant, take the defendant before a magistrate of that county, who shall make a release decision as provided in ORS 135.230 to 135.290. The officer shall at the same time deliver to the magistrate the warrant with the return of the officer indorsed and subscribed by the officer.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "After making the release decision, the magistrate shall certify that fact on the warrant and return the warrant and release agreement or security release to the officer having charge of the defendant. The officer shall then discharge the defendant from arrest and without delay deliver the warrant and release agreement or security release to the clerk of the court in the other county at which the defendant is required to appear.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the defendant is to be released and does not agree to the release agreement, or a security deposit is not forthwith given, the officer shall take the defendant before the magistrate who issued the warrant or some other magistrate in that county, as provided in this section, together with the warrant. [Formerly", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.455", "name": "ORS 133.455", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.455", "sectionName": "ORS 133.455", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.455", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Receipts for property taken from person in custody; penalty.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section commits a Class B misdemeanor"], "ors_citations": ["142.210"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Receipts for property taken from person in custody; penalty. (1) Whenever any jailer, peace officer or health officer takes or receives any money or other valuables from any person in custody for safekeeping or for other purposes, the officer or jailer receiving such valuables or money forthwith shall tender one of duplicate receipts for the property being surrendered to the person in custody. If possible, the person in custody shall countersign both the original and duplicate receipts. If the person is unable to sign the receipts or receive the duplicate thereof, the same shall be signed by and delivered to the person when reasonably possible. A file of the original receipts shall be kept for at least six months after the money or valuables have been returned to the person in custody, the agent or representative of the person or other person entitled to the same. (2) A person violating any of the provisions of subsection (1) of this section commits a Class B misdemeanor. [Formerly 142.210]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Whenever any jailer, peace officer or health officer takes or receives any money or other valuables from any person in custody for safekeeping or for other purposes, the officer or jailer receiving such valuables or money forthwith shall tender one of duplicate receipts for the property being surrendered to the person in custody. If possible, the person in custody shall countersign both the original and duplicate receipts. If the person is unable to sign the receipts or receive the duplicate thereof, the same shall be signed by and delivered to the person when reasonably possible. A file of the original receipts shall be kept for at least six months after the money or valuables have been returned to the person in custody, the agent or representative of the person or other person entitled to the same. of this section commits a Class B misdemeanor. [Formerly 142.210]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A person violating any of the provisions of subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.460", "name": "ORS 133.460", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.460", "sectionName": "ORS 133.460", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.460", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Forfeiture of conveyances used unlawfully to conceal or transport stolen property.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and ORS 133.465. (3) A person notified under subsection (2) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure, to return the vehicle or conveyance to the movant. (4) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in ORS 133.465. (5) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure. (6) If the court does not order the return of the vehicle or conveyance under subsection (4) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in this section and ORS 133.470 and 133.475"], "ors_citations": ["142.070", "133.465", "133.470", "133.475", "142.080"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Forfeiture of conveyances used unlawfully to conceal or transport stolen property. (1) Any boat, vehicle, aircraft or other conveyance used by or with the knowledge of the owner or the person operating or in charge thereof, other than stolen conveyances, in the unlawful transportation of livestock, livestock carcasses, poultry or other personal property, as provided in ORS 142.070, or in which any such personal property unlawfully possessed is kept or concealed by or with the knowledge of such owner or person operating or in charge thereof, shall be forfeited to the state as provided in this section. (2) If the person arrested under ORS 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. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner’s rights and duties under this section and ORS 133.465. (3) A person notified under subsection (2) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure, to return the vehicle or conveyance to the movant. (4) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in ORS 133.465. (5) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure. (6) If the court does not order the return of the vehicle or conveyance under subsection (4) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in this section and ORS 133.470 and 133.475. [Formerly 142.080]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any boat, vehicle, aircraft or other conveyance used by or with the knowledge of the owner or the person operating or in charge thereof, other than stolen conveyances, in the unlawful transportation of livestock, livestock carcasses, poultry or other personal property, as provided in ORS 142.070, or in which any such personal property unlawfully possessed is kept or concealed by or with the knowledge of such owner or person operating or in charge thereof, shall be forfeited to the state as provided in this section.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the person arrested under ORS 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. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner’s rights and duties under this section and ORS 133.465. of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure, to return the vehicle or conveyance to the movant.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A person notified under subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in ORS 133.465. of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in this section and ORS 133.470 and 133.475. [Formerly 142.080]", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "If the court does not order the return of the vehicle or conveyance under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.465", "name": "ORS 133.465", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.465", "sectionName": "ORS 133.465", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.465", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Seizure of stolen animals or other property being transported; proceedings against person arrested.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["142.090"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Seizure of stolen animals or other property being transported; proceedings against person arrested. (1) When any peace officer discovers any person in the act of transporting any stolen live meat food animal or fowl, any meat food animal or fowl carcass, or any part thereof, or any wool, hides, grain or any other article which has been stolen in or upon any vehicle, boat, aircraft or conveyance of any kind, the officer shall seize all such articles or things found therein, take possession of the vehicle or other conveyance and arrest any person in charge thereof. (2) The officer shall at once proceed against the person arrested, under the provisions of the law which has been violated, in any court having competent jurisdiction and shall deliver the vehicle or other conveyance to the sheriff of the county in which such seizure has been made. (3) The vehicle or other conveyance shall be returned to the owner if the owner is the person arrested, upon execution of a good and valid bond, with sufficient sureties in a sum double the value of the property, which bond shall be approved by the court and shall be conditioned upon the return of said property to the custody of the sheriff at a time to be specified by the court. [Formerly 142.090]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When any peace officer discovers any person in the act of transporting any stolen live meat food animal or fowl, any meat food animal or fowl carcass, or any part thereof, or any wool, hides, grain or any other article which has been stolen in or upon any vehicle, boat, aircraft or conveyance of any kind, the officer shall seize all such articles or things found therein, take possession of the vehicle or other conveyance and arrest any person in charge thereof.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The officer shall at once proceed against the person arrested, under the provisions of the law which has been violated, in any court having competent jurisdiction and shall deliver the vehicle or other conveyance to the sheriff of the county in which such seizure has been made.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The vehicle or other conveyance shall be returned to the owner if the owner is the person arrested, upon execution of a good and valid bond, with sufficient sureties in a sum double the value of the property, which bond shall be approved by the court and shall be conditioned upon the return of said property to the custody of the sheriff at a time to be specified by the court. [Formerly 142.090]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.470", "name": "Sale", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.470", "sectionName": "Sale", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.470", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of seized property; rights of owner and lienholder.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and unless the state proves to the court, by clear convincing evidence that the person asserting a claim of ownership or other right, title or interest in the conveyance had knowledge that such conveyance was to be used to convey stolen property, in which case the court shall order the vehicle or other conveyance to be released. All liens against property sold under this section or ORS 133.475 or 133.485 shall be transferred from the property to the proceeds of the sale of the property"], "ors_citations": ["133.465", "133.475", "133.485", "142.100"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of seized property; rights of owner and lienholder. (1) The court, upon conviction of the person arrested pursuant to ORS 133.465, shall, unless the bona fide owner or a bona fide lienholder registers an objection as provided in this section, subject to the ownership rights of innocent third parties, order a sale of the property at public auction by the sheriff of the county where it was seized. (2) The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay, according to their priorities, all liens which are established by intervention or otherwise at such hearing or in other proceedings brought for said purpose and shall pay the balance of the proceeds into the general fund of the county. (3) No claim of ownership or of any right, title or interest in the vehicle or other conveyance shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence that the claimant had knowledge that the vehicle or other conveyance was used or to be used in violation of law. (4) No such conveyance shall be sold under this section and unless the state proves to the court, by clear convincing evidence that the person asserting a claim of ownership or other right, title or interest in the conveyance had knowledge that such conveyance was to be used to convey stolen property, in which case the court shall order the vehicle or other conveyance to be released. All liens against property sold under this section or ORS 133.475 or 133.485 shall be transferred from the property to the proceeds of the sale of the property. [Formerly 142.100]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The court, upon conviction of the person arrested pursuant to ORS 133.465, shall, unless the bona fide owner or a bona fide lienholder registers an objection as provided in this section, subject to the ownership rights of innocent third parties, order a sale of the property at public auction by the sheriff of the county where it was seized.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay, according to their priorities, all liens which are established by intervention or otherwise at such hearing or in other proceedings brought for said purpose and shall pay the balance of the proceeds into the general fund of the county.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "No claim of ownership or of any right, title or interest in the vehicle or other conveyance shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence that the claimant had knowledge that the vehicle or other conveyance was used or to be used in violation of law.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "No such conveyance shall be sold under this section and unless the state proves to the court, by clear convincing evidence that the person asserting a claim of ownership or other right, title or interest in the conveyance had knowledge that such conveyance was to be used to convey stolen property, in which case the court shall order the vehicle or other conveyance to be released. All liens against property sold under this section or ORS 133.475 or 133.485 shall be transferred from the property to the proceeds of the sale of the property. [Formerly 142.100]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.475", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.475", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.475", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "to owner.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.470", "142.110"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to owner. If no one claims the vehicle or other conveyance, as provided in ORS 133.470, the taking of the same with description thereof shall be advertised in some daily newspaper published in the city or county where taken or, if there is no daily newspaper published in such county or city, in a newspaper having weekly circulation in the city or county once a week for two weeks and by notice posted in three public places near the place of seizure. The legal owner, in the case of a motor vehicle, if licensed by the State of Oregon, as shown by the name and address of the legal owner in the records of the Department of Transportation, shall be notified by mail. If no claimant appears within 10 days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting the expenses and costs, shall be paid into the general fund of the county. [Formerly 142.110]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.485", "name": "ORS 133.485", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.485", "sectionName": "ORS 133.485", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.485", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Perishable property;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Perishable property; livestock or fowls. If any of the property seized, as provided in ORS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.495", "name": "ORS 133.495", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.495", "sectionName": "ORS 133.495", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.495", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Retention of property to answer order of court.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.485", "142.130"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Retention of property to answer order of court. The proceeds of the sale mentioned in ORS 133.485 and other property seized shall be retained by liens, if not released on bond, to answer any order that may be entered by the court upon the trial of the person arrested. [Formerly 142.130]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.510", "name": "ORS 133.510", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.510", "sectionName": "ORS 133.510", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.510", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1965 c.508 §8]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1965 c.508 §8]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.515", "name": "ORS 133.515", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.515", "sectionName": "ORS 133.515", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.515", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Interpreter to be made available to person with a disability.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Interpreter to be made available to person with a disability. (1) As used in this section: (a) “Person with a disability” means a person who cannot readily understand or communicate the English language, or cannot understand the proceedings or a charge made against the person, or is incapable of presenting or assisting in the presentation of a defense, because of deafness, or because of a physical hearing impairment or physical speaking impairment. (b) “Qualified interpreter” means a person who is readily able to communicate with the person with a disability, translate the proceedings, and accurately repeat and translate the statements of the person with a disability to the officer or other person. (2) Upon the arrest of a person with a disability and before interrogating or taking the statement of the person with a disability, the arresting peace officer, or when the arrest is by a private person, the officer to whom the person with a disability is delivered, shall make available to the person with a disability, at the earliest possible time, a qualified interpreter to assist the person with a disability throughout the interrogation or taking of a statement. (3) The public employer of the arresting peace officer or officer to whom the person with a disability is delivered shall pay the fees and expenses of the qualified interpreter. [1973 c.386 §3; 1981 s.s. c.3 §139; 1989 c.224 §9; 2007 c.70 §34; 2015 c.397 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Person with a disability” means a person who cannot readily understand or communicate the English language, or cannot understand the proceedings or a charge made against the person, or is incapable of presenting or assisting in the presentation of a defense, because of deafness, or because of a physical hearing impairment or physical speaking impairment.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Qualified interpreter” means a person who is readily able to communicate with the person with a disability, translate the proceedings, and accurately repeat and translate the statements of the person with a disability to the officer or other person.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Upon the arrest of a person with a disability and before interrogating or taking the statement of the person with a disability, the arresting peace officer, or when the arrest is by a private person, the officer to whom the person with a disability is delivered, shall make available to the person with a disability, at the earliest possible time, a qualified interpreter to assist the person with a disability throughout the interrogation or taking of a statement.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The public employer of the arresting peace officer or officer to whom the person with a disability is delivered shall pay the fees and expenses of the qualified interpreter. [1973 c.386 §3; 1981 s.s. c.3 §139; 1989 c.224 §9; 2007 c.70 §34; 2015 c.397 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.518", "name": "Duty", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.518", "sectionName": "Duty", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.518", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of peace officer to request emergency medical services. When a peace officer, as defined in ORS 161.015, encounters a restrained person suffering a respiratory or cardiac compromise, the officer shall request emergency medical services immediately if:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["161.015"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of peace officer to request emergency medical services. When a peace officer, as defined in ORS 161.015, encounters a restrained person suffering a respiratory or cardiac compromise, the officer shall request emergency medical services immediately if: (1) It is tactically feasible to request emergency medical services; and (2) The officer has access to communications. [2021 c.294 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "It is tactically feasible to request emergency medical services; and", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The officer has access to communications. [2021 c.294 §2] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.520", "name": "ORS 133.520", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.520", "sectionName": "ORS 133.520", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.520", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1965 c.508 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.450"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1965 c.508 §2; 1973 c.836 §75; renumbered 133.450] SEARCH AND SEIZURE (Generally)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.525", "name": "ORS 133.525", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.525", "sectionName": "ORS 133.525", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.525", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Definitions for ORS 133.525 to 133.703. As used in ORS 133.525 to 133.703, unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.525", "133.703", "475.005", "475.285", "475.752", "475.980", "352.121", "353.125", "471.775"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 133.525 to 133.703. As used in ORS 133.525 to 133.703, unless the context requires otherwise: (1) “Interrelated conduct” means engaging in at least two incidents of activity that: (a) Have the same or similar intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics, including a connection to the same enterprise; (b) Are not isolated incidents; and (c) Violate one or more provisions of ORS 475.005 to 475.285, 475.752 to 475.980, 475A.210 to 475A.722, 475C.005 to 475C.525 or 475C.770 to 475C.919. (2) “Judge” means any judge of the circuit court, the Court of Appeals, the Supreme Court, any justice of the peace or municipal judge authorized to exercise the powers and perform the duties of a justice of the peace. (3) “Police officer” means: (a) A member of the Oregon State Police; (b) A sheriff or municipal police officer, a police officer commissioned by a university under ORS 352.121 or 353.125 or an authorized tribal police officer as defined in ORS 181A.940; (c) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state; (d) An investigator of the Criminal Justice Division of the Department of Justice; (e) A humane special agent as defined in ORS 181A.345; or (f) A regulatory specialist exercising authority described in ORS 471.775 (2). [1973 c.836 §81; 1979 c.656 §2; 1991 c.67 §27; 1995 c.651 §7; 2011 c.506 §13; 2011 c.644 §§16,40; 2012 c.54 §§8,9; 2012 c.67 §§5,6; 2013 c.180 §§10,11; 2015 c.174 §5; 2015 c.614 §§139,140; 2023 c.216 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Interrelated conduct” means engaging in at least two incidents of activity that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Have the same or similar intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics, including a connection to the same enterprise;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Are not isolated incidents; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Violate one or more provisions of ORS 475.005 to 475.285, 475.752 to 475.980, 475A.210 to 475A.722, 475C.005 to 475C.525 or 475C.770 to 475C.919.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Judge” means any judge of the circuit court, the Court of Appeals, the Supreme Court, any justice of the peace or municipal judge authorized to exercise the powers and perform the duties of a justice of the peace. . [1973 c.836 §81; 1979 c.656 §2; 1991 c.67 §27; 1995 c.651 §7; 2011 c.506 §13; 2011 c.644 §§16,40; 2012 c.54 §§8,9; 2012 c.67 §§5,6; 2013 c.180 §§10,11; 2015 c.174 §5; 2015 c.614 §§139,140; 2023 c.216 §1]", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Police officer” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A member of the Oregon State Police;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A sheriff or municipal police officer, a police officer commissioned by a university under ORS 352.121 or 353.125 or an authorized tribal police officer as defined in ORS 181A.940;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "An investigator of the Criminal Justice Division of the Department of Justice;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A humane special agent as defined in ORS 181A.345; or", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A regulatory specialist exercising authority described in ORS 471.775", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.530", "name": "ORS 133.530", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.530", "sectionName": "ORS 133.530", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.530", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1965 c.508 §8]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1965 c.508 §8]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.535", "name": "ORS 133.535", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.535", "sectionName": "ORS 133.535", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.535", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Permissible objects of search and seizure. The following are subject to search and seizure under ORS 133.525 to 133.703:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.525", "133.703"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Permissible objects of search and seizure. The following are subject to search and seizure under ORS 133.525 to 133.703: (1) Evidence of or information concerning the commission of a criminal offense; (2) Contraband, the fruits of crime, or things otherwise criminally possessed; (3) Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense; and (4) A person for whose arrest there is probable cause or who is unlawfully held in concealment. [1973 c.836 §82]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Evidence of or information concerning the commission of a criminal offense;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Contraband, the fruits of crime, or things otherwise criminally possessed;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense; and", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A person for whose arrest there is probable cause or who is unlawfully held in concealment. [1973 c.836 §82]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.537", "name": "Protection", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.537", "sectionName": "Protection", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.537", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of things seized; liability of agency.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of things seized; liability of agency. (1) In all cases of seizure, an agency that seizes property shall take reasonable steps to safeguard and protect the things seized against loss, damage and deterioration. (2) Notwithstanding subsection (1) of this section, an agency that seizes property is not liable for loss, damage or deterioration resulting from any reasonable actions taken to secure or develop evidence. [1991 c.540 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In all cases of seizure, an agency that seizes property shall take reasonable steps to safeguard and protect the things seized against loss, damage and deterioration. of this section, an agency that seizes property is not liable for loss, damage or deterioration resulting from any reasonable actions taken to secure or develop evidence. [1991 c.540 §2] Note:", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.539", "name": "ORS 133.539", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.539", "sectionName": "ORS 133.539", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.539", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Obtaining information from portable electronic devices.", "citations": {"usc_citations": ["18 U.S.C. 2510", "18 U.S.C. 2711"], "public_laws": [], "statutes_at_large": [], "section_references": ["section may be returned as described in ORS 133.633 and 133.643. (5) Subsection (2) of this section does not apply to"], "ors_citations": ["133.525", "133.703", "133.633", "133.643", "162.135", "420.905"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Obtaining information from portable electronic devices. (1) As used in this section: (a)(A) “Forensic imaging” means using an electronic device to download or transfer raw data from a portable electronic device onto another medium of digital storage. (B) “Forensic imaging” does not include photographing or transcribing information observable from the portable electronic device by normal unaided human senses. (b) “Location information service” means a global positioning service or other mapping, locational or directional information service. (c) “Portable electronic device” means any device designed to be easily moved from one location to another and that contains electronic data or that enables access to, or use of, an electronic communication service as defined in 18 U.S.C. 2510, remote computing service as defined in 18 U.S.C. 2711 or location information service. (d) “Raw data” means data collected from a source that has not been subsequently altered or manipulated after collection. (2) A law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except: (a) Pursuant to a search warrant issued under ORS 133.525 to 133.703; or (b) As authorized by lawful consent. (3) Information obtained in violation of this section: (a) Is not admissible in and may not be disclosed in a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the portable electronic device or a person with a reasonable expectation of privacy in the contents of the device; and (b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed. (4) A portable electronic device that has been forensically imaged pursuant to subsection (2) of this section may be returned as described in ORS 133.633 and 133.643. (5) Subsection (2) of this section does not apply to: (a) A correctional facility, youth correction facility or state hospital, as those terms are defined in ORS 162.135, when the facility or state hospital obtains information from a portable electronic device in an otherwise lawful manner. (b) A parole and probation officer, juvenile community supervision officer as defined in ORS 420.905, community corrections agency or agency that supervises youths or adjudicated youths, when the officer or agency obtains information from a portable electronic device in an otherwise lawful manner. [2015 c.613 §1; 2021 c.489 §9] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "(A) “Forensic imaging” means using an electronic device to download or transfer raw data from a portable electronic device onto another medium of digital storage.", "subsections": [{"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "“Forensic imaging” does not include photographing or transcribing information observable from the portable electronic device by normal unaided human senses.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Location information service” means a global positioning service or other mapping, locational or directional information service.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Portable electronic device” means any device designed to be easily moved from one location to another and that contains electronic data or that enables access to, or use of, an electronic communication service as defined in 18 U.S.C. 2510, remote computing service as defined in 18 U.S.C. 2711 or location information service.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "“Raw data” means data collected from a source that has not been subsequently altered or manipulated after collection.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except: of this section may be returned as described in ORS 133.633 and 133.643. of this section does not apply to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Pursuant to a search warrant issued under ORS 133.525 to 133.703; or A correctional facility, youth correction facility or state hospital, as those terms are defined in ORS 162.135, when the facility or state hospital obtains information from a portable electronic device in an otherwise lawful manner.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "As authorized by lawful consent. A parole and probation officer, juvenile community supervision officer as defined in ORS 420.905, community corrections agency or agency that supervises youths or adjudicated youths, when the officer or agency obtains information from a portable electronic device in an otherwise lawful manner. [2015 c.613 §1; 2021 c.489 §9] Note:", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Information obtained in violation of this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Is not admissible in and may not be disclosed in a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the portable electronic device or a person with a reasonable expectation of privacy in the contents of the device; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A portable electronic device that has been forensically imaged pursuant to subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.540", "name": "ORS 133.540", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.540", "sectionName": "ORS 133.540", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.540", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1965 c.508 §8] (Search and Seizure Pursuant to Warrant)", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1965 c.508 §8] (Search and Seizure Pursuant to Warrant)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.545", "name": "ORS 133.545", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.545", "sectionName": "ORS 133.545", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.545", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Issuance of search warrant; where executable; form of application.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["1.615", "1.300", "163.205", "131.805"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Issuance of search warrant; where executable; form of application. (1) A search warrant may be issued only by a judge. A search warrant issued by a judge of the Supreme Court or the Court of Appeals may be executed anywhere in the state. Except as otherwise provided in subsections (2), (3) and (4) of this section, a search warrant issued by a judge of a circuit court may be executed only within the judicial district in which the court is located. A search warrant issued by a justice of the peace may be executed only within the county in which the justice court is located. A search warrant issued by a municipal judge authorized to exercise the powers and perform the duties of a justice of the peace may be executed only in the municipality in which the court is located. (2) Notwithstanding subsection (1) of this section, a circuit court judge may authorize execution of a search warrant outside the judicial district in which the court is located, if the judge finds from the application that one or more of the objects of the search relate to an offense committed or triable within the judicial district in which the court is located or that the search involves both conduct that occurred in the judicial district in which the court is located and interrelated conduct that occurred in one or more other judicial districts in this state. If a judge denies a search warrant for interrelated conduct that occurred in more than one judicial district, an application for the same search warrant may not be presented to a judge in another judicial district unless the other judicial district is one in which one or more of the objects of the search relate to an offense committed or triable within the other judicial district. If the warrant authorizes the installation or tracking of a mobile tracking device, the officer may track the device in any county to which it is transported. (3) Notwithstanding subsection (1) of this section, a circuit court judge duly assigned pursuant to ORS 1.615 to serve as a judge pro tempore in a circuit court, or a senior judge duly assigned to serve in a circuit court under ORS 1.300 and who has authorization from the presiding judge of that judicial district, may authorize execution of a search warrant in any judicial district in which the judge is assigned to serve as judge pro tempore or as senior judge. (4) Notwithstanding subsection (1) of this section, a circuit court judge may authorize execution of a search warrant outside the judicial district in which the court is located if the judge finds that: (a) The search relates to one of the following offenses involving a victim who was 65 years of age or older at the time of the offense: (A) Criminal mistreatment in the first degree as described in ORS 163.205 (1)(b)(D) or (E); (B) Identity theft; (C) Aggravated identity theft; (D) Computer crime; (E) Fraudulent use of a credit card; (F) Forgery in any degree; (G) Criminal possession of a forged instrument in any degree; (H) Theft in any degree; or (I) Aggravated theft in the first degree; (b) The objects of the search consist of financial records; and (c) The person making application for the search warrant is not able to ascertain at the time of the application the proper place of trial for the offense described in paragraph (a) of this subsection. (5) Application for a search warrant may be made only by a district attorney, a police officer or a special agent employed under ORS 131.805. (6) The application shall consist of a proposed warrant in conformance with ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A search warrant may be issued only by a judge. A search warrant issued by a judge of the Supreme Court or the Court of Appeals may be executed anywhere in the state. Except as otherwise provided in subsections of this section, a circuit court judge may authorize execution of a search warrant outside the judicial district in which the court is located, if the judge finds from the application that one or more of the objects of the search relate to an offense committed or triable within the judicial district in which the court is located or that the search involves both conduct that occurred in the judicial district in which the court is located and interrelated conduct that occurred in one or more other judicial districts in this state. If a judge denies a search warrant for interrelated conduct that occurred in more than one judicial district, an application for the same search warrant may not be presented to a judge in another judicial district unless the other judicial district is one in which one or more of the objects of the search relate to an offense committed or triable within the other judicial district. If the warrant authorizes the installation or tracking of a mobile tracking device, the officer may track the device in any county to which it is transported. of this section, a circuit court judge duly assigned pursuant to ORS 1.615 to serve as a judge pro tempore in a circuit court, or a senior judge duly assigned to serve in a circuit court under ORS 1.300 and who has authorization from the presiding judge of that judicial district, may authorize execution of a search warrant in any judicial district in which the judge is assigned to serve as judge pro tempore or as senior judge. of this section, a circuit court judge may authorize execution of a search warrant outside the judicial district in which the court is located if the judge finds that: (b)(D) or", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The search relates to one of the following offenses involving a victim who was 65 years of age or older at the time of the offense: of this subsection.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Criminal mistreatment in the first degree as described in ORS 163.205", "subsections": []}]}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "; Fraudulent use of a credit card;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Identity theft;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Aggravated identity theft;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Computer crime;", "subsections": []}, {"label": "(F)", "token": "F", "kind": "alpha_upper", "text": "Forgery in any degree;", "subsections": []}, {"label": "(G)", "token": "G", "kind": "alpha_upper", "text": "Criminal possession of a forged instrument in any degree;", "subsections": []}, {"label": "(H)", "token": "H", "kind": "alpha_upper", "text": "Theft in any degree; or", "subsections": []}, {"label": "(I)", "token": "I", "kind": "alpha_upper", "text": "Aggravated theft in the first degree;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The objects of the search consist of financial records; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The person making application for the search warrant is not able to ascertain at the time of the application the proper place of trial for the offense described in paragraph", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": ", Notwithstanding subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "and Notwithstanding subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, a search warrant issued by a judge of a circuit court may be executed only within the judicial district in which the court is located. A search warrant issued by a justice of the peace may be executed only within the county in which the justice court is located. A search warrant issued by a municipal judge authorized to exercise the powers and perform the duties of a justice of the peace may be executed only in the municipality in which the court is located. Notwithstanding subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Application for a search warrant may be made only by a district attorney, a police officer or a special agent employed under ORS 131.805.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The application shall consist of a proposed warrant in conformance with ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.550", "name": "ORS 133.550", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.550", "sectionName": "ORS 133.550", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.550", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.555", "name": "ORS 133.555", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.555", "sectionName": "ORS 133.555", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.555", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Hearing.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.545", "133.535", "133.615", "131.805"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Hearing. (1) Before acting on the application, the judge may examine on oath the affiants, and the applicant and any witnesses the applicant may produce, and may call such witnesses as the judge considers necessary to a decision. The judge shall make and keep a record of any testimony taken before the judge. The record shall be admissible as evidence on any motion to suppress. (2) If the judge finds that the application meets the requirements of ORS 133.545 and that, on the basis of the record made before the judge, there is probable cause to believe that the search will discover things specified in the application and subject to seizure under ORS 133.535, the judge shall issue a search warrant based on the finding of the judge and in accordance with the requirements of ORS 133.545 to 133.615. If the judge does not so find, the judge shall deny the application. (3) The judge may orally authorize a police officer, a district attorney or a special agent employed under ORS 131.805 to sign the judge’s name on a duplicate original warrant. A duplicate original warrant shall be a search warrant for the purposes of ORS 133.535 to 133.615, and it shall be returned to the judge as provided in ORS 133.615. In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law. (4) Until the warrant is executed, the proceedings upon application for a search warrant shall be conducted with secrecy appropriate to the circumstances. [1973 c.836 §84; 2009 c.334 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Before acting on the application, the judge may examine on oath the affiants, and the applicant and any witnesses the applicant may produce, and may call such witnesses as the judge considers necessary to a decision. The judge shall make and keep a record of any testimony taken before the judge. The record shall be admissible as evidence on any motion to suppress.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the judge finds that the application meets the requirements of ORS 133.545 and that, on the basis of the record made before the judge, there is probable cause to believe that the search will discover things specified in the application and subject to seizure under ORS 133.535, the judge shall issue a search warrant based on the finding of the judge and in accordance with the requirements of ORS 133.545 to 133.615. If the judge does not so find, the judge shall deny the application.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The judge may orally authorize a police officer, a district attorney or a special agent employed under ORS 131.805 to sign the judge’s name on a duplicate original warrant. A duplicate original warrant shall be a search warrant for the purposes of ORS 133.535 to 133.615, and it shall be returned to the judge as provided in ORS 133.615. In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Until the warrant is executed, the proceedings upon application for a search warrant shall be conducted with secrecy appropriate to the circumstances. [1973 c.836 §84; 2009 c.334 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.560", "name": "ORS 133.560", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.560", "sectionName": "ORS 133.560", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.560", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.565", "name": ", and shall be supported by one or more affidavits particularly setting", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.565", "sectionName": ", and shall be supported by one or more affidavits particularly setting", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.565", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession of the individuals, to be searched. If an affidavit is based in whole or in part on hearsay, the affiant shall set forth facts bearing on any unnamed informant’s reliability and shall disclose, as far as possible, the means by which the information was obtained.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section by means of facsimile transmission or similar electronic transmission, as described in paragraph (a) of this subsection. The court shall file the original signed warrant and a printed image of the application with the return. (B) The person making application shall deliver the original signed affidavit to the court with the return. If the affiant swore to the affidavit by telephone, the affiant must so note next to the affiant"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession of the individuals, to be searched. If an affidavit is based in whole or in part on hearsay, the affiant shall set forth facts bearing on any unnamed informant’s reliability and shall disclose, as far as possible, the means by which the information was obtained. (7) Instead of the written affidavit described in subsection (6) of this section, the judge may take an oral statement under oath. The oral statement shall be recorded and a copy of the recording submitted to the judge who took the oral statement. In such cases, the judge shall certify that the recording of the sworn oral statement is a true recording of the oral statement under oath and shall retain the recording as part of the record of proceedings for the issuance of the warrant. The recording shall constitute an affidavit for the purposes of this section. The applicant shall retain a copy of the recording and shall provide a copy of the recording to the district attorney if the district attorney is not the applicant. (8)(a) In addition to the procedure set out in subsection (7) of this section, the proposed warrant and the affidavit may be sent to the court by facsimile transmission or any similar electronic transmission that delivers a complete printable image of the signed affidavit and proposed warrant. The affidavit may have a notarized acknowledgment, or the affiant may swear to the affidavit by telephone. If the affiant swears to the affidavit by telephone, the affidavit may be signed electronically. A judge administering an oath telephonically under this subsection must execute a declaration that recites the manner and time of the oath’s administration. The declaration must be filed with the return. (b) When a court issues a warrant upon an application made under paragraph (a) of this subsection: (A) The court may transmit the signed warrant to the person making application under subsection (5) of this section by means of facsimile transmission or similar electronic transmission, as described in paragraph (a) of this subsection. The court shall file the original signed warrant and a printed image of the application with the return. (B) The person making application shall deliver the original signed affidavit to the court with the return. If the affiant swore to the affidavit by telephone, the affiant must so note next to the affiant’s signature on the affidavit. [1973 c.836 §83; 1985 c.344 §1; 1989 c.983 §3; 1995 c.658 §73; 1999 c.56 §1; 2007 c.547 §1; 2009 c.334 §1; 2013 c.155 §11; 2013 c.225 §1; 2015 c.415 §1; 2019 c.399 §7; 2023 c.216 §2; 2023 c.302 §3]", "subsections": [{"label": "(7)", "token": "7", "kind": "numeric", "text": "Instead of the written affidavit described in subsection of this section, the proposed warrant and the affidavit may be sent to the court by facsimile transmission or any similar electronic transmission that delivers a complete printable image of the signed affidavit and proposed warrant. The affidavit may have a notarized acknowledgment, or the affiant may swear to the affidavit by telephone. If the affiant swears to the affidavit by telephone, the affidavit may be signed electronically. A judge administering an oath telephonically under this subsection must execute a declaration that recites the manner and time of the oath’s administration. The declaration must be filed with the return.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "When a court issues a warrant upon an application made under paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The court may transmit the signed warrant to the person making application under subsection", "subsections": []}]}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "of this section, the judge may take an oral statement under oath. The oral statement shall be recorded and a copy of the recording submitted to the judge who took the oral statement. In such cases, the judge shall certify that the recording of the sworn oral statement is a true recording of the oral statement under oath and shall retain the recording as part of the record of proceedings for the issuance of the warrant. The recording shall constitute an affidavit for the purposes of this section. The applicant shall retain a copy of the recording and shall provide a copy of the recording to the district attorney if the district attorney is not the applicant.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "(a) In addition to the procedure set out in subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "of this section by means of facsimile transmission or similar electronic transmission, as described in paragraph", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection. The court shall file the original signed warrant and a printed image of the application with the return.", "subsections": [{"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The person making application shall deliver the original signed affidavit to the court with the return. If the affiant swore to the affidavit by telephone, the affiant must so note next to the affiant’s signature on the affidavit. [1973 c.836 §83; 1985 c.344 §1; 1989 c.983 §3; 1995 c.658 §73; 1999 c.56 §1; 2007 c.547 §1; 2009 c.334 §1; 2013 c.155 §11; 2013 c.225 §1; 2015 c.415 §1; 2019 c.399 §7; 2023 c.216 §2; 2023 c.302 §3]", "subsections": []}]}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.575", "name": "ORS 133.575", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.575", "sectionName": "ORS 133.575", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.575", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Execution of warrant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.583", "476.060", "682.025", "133.619"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Execution of warrant. (1) Except as provided in ORS 136.583, a search warrant may be executed only within the period and at the times authorized by the warrant and only by a police officer. A police officer charged with its execution may be accompanied by such other persons as may be reasonably necessary for the successful execution of the warrant with all practicable safety. Other persons may include, but are not limited to: (a) Civil enforcement officers; (b) Victim services providers; (c) Law enforcement agency personnel other than police officers; (d) Employees of a utility company; (e) The State Fire Marshal and assistants to the State Fire Marshal, as described in ORS 476.060; (f) Employees of a county animal shelter or other animal care agency; (g) Towers; (h) Personnel from federal, state or local regulatory agencies; (i) Emergency medical services providers, as defined in ORS 682.025; and (j) Contractors and other persons assisting with the destruction of waste. (2) The executing officer shall, before entering the premises, give appropriate notice of the identity, authority and purpose of the officer to the person to be searched, or to the person in apparent control of the premises to be searched, as the case may be. (3) Except as provided in ORS 133.619, before undertaking any search or seizure pursuant to the warrant, the executing officer shall read and give a copy of the warrant to the person to be searched, or to the person in apparent control of the premises to be searched. If the premises are unoccupied or there is no one in apparent control, the officer shall leave a copy of the warrant suitably affixed to the premises. [1973 c.836 §86; 1989 c.983 §4; 2009 c.617 §2; 2023 c.216 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in ORS 136.583, a search warrant may be executed only within the period and at the times authorized by the warrant and only by a police officer. A police officer charged with its execution may be accompanied by such other persons as may be reasonably necessary for the successful execution of the warrant with all practicable safety. Other persons may include, but are not limited to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Civil enforcement officers;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Victim services providers;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Law enforcement agency personnel other than police officers;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Employees of a utility company;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The State Fire Marshal and assistants to the State Fire Marshal, as described in ORS 476.060;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "Employees of a county animal shelter or other animal care agency;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Towers;", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "Personnel from federal, state or local regulatory agencies;", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "Emergency medical services providers, as defined in ORS 682.025; and", "subsections": []}, {"label": "(j)", "token": "j", "kind": "alpha_lower", "text": "Contractors and other persons assisting with the destruction of waste.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The executing officer shall, before entering the premises, give appropriate notice of the identity, authority and purpose of the officer to the person to be searched, or to the person in apparent control of the premises to be searched, as the case may be.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Except as provided in ORS 133.619, before undertaking any search or seizure pursuant to the warrant, the executing officer shall read and give a copy of the warrant to the person to be searched, or to the person in apparent control of the premises to be searched. If the premises are unoccupied or there is no one in apparent control, the officer shall leave a copy of the warrant suitably affixed to the premises. [1973 c.836 §86; 1989 c.983 §4; 2009 c.617 §2; 2023 c.216 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.585", "name": "ORS 133.585", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.585", "sectionName": "ORS 133.585", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.585", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1973 c.836 §87;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1973 c.836 §87; repealed by 1997 c.313 §37]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.595", "name": "List", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.595", "sectionName": "List", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.595", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of things seized.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.619"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of things seized. Except as provided in ORS 133.619, promptly upon completion of the search, the officer shall make a list of the things seized, and shall deliver a receipt embodying the list to the person from whose possession they are taken, or the person in apparent control of the premises or vehicle from which they are taken. If the vehicle or premises are unoccupied or there is no one present in apparent control, the executing officer shall leave the receipt suitably affixed to the vehicle or premises. [1973 c.836 §88; 1989 c.983 §5]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.605", "name": "Use of", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.605", "sectionName": "Use of", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.605", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "force in executing warrants.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "force in executing warrants. (1) The executing officer and other officers accompanying and assisting the officer may use the degree of force, short of deadly physical force, against persons, or to effect an entry, or to open containers, as is reasonably necessary for the execution of the search warrant with all practicable safety. (2) The use of deadly physical force in the execution of a search warrant is justifiable only: (a) If the officer reasonably believes that there is a substantial risk that things to be seized will be used to cause death or serious physical injury if their seizure is delayed and that the force used creates no substantial risk of injury to persons other than those obstructing the officer; or (b) If the officer reasonably believes that the use of deadly physical force is necessary to defend the officer or another person from the use or threatened imminent use of deadly physical force. [1973 c.836 §89]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The executing officer and other officers accompanying and assisting the officer may use the degree of force, short of deadly physical force, against persons, or to effect an entry, or to open containers, as is reasonably necessary for the execution of the search warrant with all practicable safety.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The use of deadly physical force in the execution of a search warrant is justifiable only:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If the officer reasonably believes that there is a substantial risk that things to be seized will be used to cause death or serious physical injury if their seizure is delayed and that the force used creates no substantial risk of injury to persons other than those obstructing the officer; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the officer reasonably believes that the use of deadly physical force is necessary to defend the officer or another person from the use or threatened imminent use of deadly physical force. [1973 c.836 §89]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.610", "name": "ORS 133.610", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.610", "sectionName": "ORS 133.610", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.610", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1963 c.511 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.070"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1963 c.511 §1; 1965 c.508 §3; 1973 c.836 §138; renumbered 135.070]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.615", "name": "Return", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.615", "sectionName": "Return", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.615", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of the warrant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.555"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of the warrant. (1) If a search warrant is not executed within the time specified by the warrant, the officer shall forthwith return the warrant to the issuing judge. (2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant to the issuing judge together with a signed list of things seized and setting forth the date and time of the search. (3) Subject to the provisions of subsection (4) of this section, the issuing judge shall file the warrant and list returned to the judge, with the record of the proceedings on the application for the warrant made pursuant to ORS 133.555. (4) If the issuing judge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record of proceedings for its issuance, together with the documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquire into such offense. [1973 c.836 §90]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If a search warrant is not executed within the time specified by the warrant, the officer shall forthwith return the warrant to the issuing judge.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant to the issuing judge together with a signed list of things seized and setting forth the date and time of the search.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Subject to the provisions of subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, the issuing judge shall file the warrant and list returned to the judge, with the record of the proceedings on the application for the warrant made pursuant to ORS 133.555. If the issuing judge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record of proceedings for its issuance, together with the documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquire into such offense. [1973 c.836 §90]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.617", "name": "“Mobile", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.617", "sectionName": "“Mobile", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.617", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "tracking device” defined.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.545", "133.619"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "tracking device” defined. As used in ORS 133.545 and 133.619, unless the context requires otherwise, “mobile tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object. [1989 c.983 §1] Note:", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.619", "name": "ORS 133.619", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.619", "sectionName": "ORS 133.619", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.619", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Execution of warrant authorizing mobile tracking device.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section must include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device. (6) A warrant authorizing the installation or tracking of a mobile tracking device shall be issued only when based upon the submission of an affidavit or oral statement as described in ORS 133.545, which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit"], "ors_citations": ["133.545", "475.752", "475.786", "475.894", "164.857", "165.118", "496.002", "506.001", "704.020", "704.021", "704.030", "704.065", "133.617"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Execution of warrant authorizing mobile tracking device. (1) A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section. (2) The officer need not inform any person of the existence or content of the warrant prior to its execution. (3) Except as provided in subsection (4) of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant. (4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following: (a) If the mobile tracking device has been affixed to a vehicle, to the registered owner; and (b) To such other persons as the court may direct in the warrant. (5) The receipt provided for in subsection (4) of this section must include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device. (6) A warrant authorizing the installation or tracking of a mobile tracking device shall be issued only when based upon the submission of an affidavit or oral statement as described in ORS 133.545, which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit: (a) A particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony; (b) A crime punishable as a felony arising under ORS 475.752, 475.786 to 475.894, 475C.005 to 475C.525 or 475C.770 to 475C.919; (c) The crime of unlawfully transporting metal property under ORS 164.857 or a crime described in ORS 165.118; (d) Bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony; (e) A violation of a criminal provision of the wildlife laws as described in ORS 496.002; (f) A violation of a criminal provision of the commercial fishing laws as described in ORS 506.001; (g) A violation of ORS 704.020, 704.021, 704.030 or 704.065; or (h) A conspiracy to commit a crime listed in this subsection. (7) A court may authorize the installation or tracking of a mobile tracking device for a period not to exceed 30 days. Upon application, the court may grant one or more extensions for a period not to exceed 30 days per extension. [1989 c.983 §2; 1991 c.625 §1; 1993 c.171 §1; 1999 c.56 §2; 2005 c.708 §44; 2009 c.811 §8; 2013 c.359 §1; 2023 c.209 §4] Note: See note under 133.617.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The officer need not inform any person of the existence or content of the warrant prior to its execution.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Except as provided in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant. Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following: of this section must include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If the mobile tracking device has been affixed to a vehicle, to the registered owner; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "To such other persons as the court may direct in the warrant.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The receipt provided for in subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "A warrant authorizing the installation or tracking of a mobile tracking device shall be issued only when based upon the submission of an affidavit or oral statement as described in ORS 133.545, which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A crime punishable as a felony arising under ORS 475.752, 475.786 to 475.894, 475C.005 to 475C.525 or 475C.770 to 475C.919;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The crime of unlawfully transporting metal property under ORS 164.857 or a crime described in ORS 165.118;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A violation of a criminal provision of the wildlife laws as described in ORS 496.002;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A violation of a criminal provision of the commercial fishing laws as described in ORS 506.001;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "A violation of ORS 704.020, 704.021, 704.030 or 704.065; or", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "A conspiracy to commit a crime listed in this subsection.", "subsections": []}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "A court may authorize the installation or tracking of a mobile tracking device for a period not to exceed 30 days. Upon application, the court may grant one or more extensions for a period not to exceed 30 days per extension. [1989 c.983 §2; 1991 c.625 §1; 1993 c.171 §1; 1999 c.56 §2; 2005 c.708 §44; 2009 c.811 §8; 2013 c.359 §1; 2023 c.209 §4] Note: See note under 133.617.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.620", "name": "ORS 133.620", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.620", "sectionName": "ORS 133.620", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.620", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1965 c.508 §4;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.075"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1965 c.508 §4; renumbered 135.075]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.621", "name": "ORS 133.621", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.621", "sectionName": "ORS 133.621", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.621", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Medical procedures;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section is not conditioned upon the existence of probable cause, the existence of a search warrant or the existence of a court order. Nothing in this section shall be interpreted as requiring a duly licensed physician to act at the request of a peace officer"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Medical procedures; immunity from liability for performing. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, may withdraw bodily substances, pierce human tissue, perform medical tests and procedures and otherwise use medical procedures to gather evidence in a criminal investigation. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, shall not be held civilly liable for gathering potential evidence in a criminal investigation in a medically acceptable manner at the request of a peace officer. The civil immunity granted in this section is not conditioned upon the existence of probable cause, the existence of a search warrant or the existence of a court order. Nothing in this section shall be interpreted as requiring a duly licensed physician to act at the request of a peace officer. [1989 c.585 §2] Note:", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.623", "name": "ORS 133.623", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.623", "sectionName": "ORS 133.623", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.623", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Handling and disposition of things seized.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section apply to all cases of seizure, except for a seizure made under a search warrant. (2) If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant. (3) If no claim to rightful possession has been established under ORS 133.633 to 133.663, the things seized may be disposed of in accordance with ORS 98.245 or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund. (4) If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require"], "ors_citations": ["133.633", "133.663", "98.245"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Handling and disposition of things seized. (1) The provisions of subsections (2), (3) and (4) of this section apply to all cases of seizure, except for a seizure made under a search warrant. (2) If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant. (3) If no claim to rightful possession has been established under ORS 133.633 to 133.663, the things seized may be disposed of in accordance with ORS 98.245 or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund. (4) If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require. [1973 c.836 §109; 1987 c.858 §1; 1997 c.480 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The provisions of subsections", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": ", If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "and If no claim to rightful possession has been established under ORS 133.633 to 133.663, the things seized may be disposed of in accordance with ORS 98.245 or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section apply to all cases of seizure, except for a seizure made under a search warrant. If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require. [1973 c.836 §109; 1987 c.858 §1; 1997 c.480 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.625", "name": "ORS 133.625", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.625", "sectionName": "ORS 133.625", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.625", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1961 c.696 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.050"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1961 c.696 §1; 1967 c.475 §1; 1973 c.836 §135; renumbered 135.050]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.630", "name": "ORS 133.630", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.630", "sectionName": "ORS 133.630", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.630", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1961 c.696 §4]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1961 c.696 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.633", "name": "Motion", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.633", "sectionName": "Motion", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.633", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "for return or restoration of things seized.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer. (b) As used in this subsection"], "ors_citations": ["133.539"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "for return or restoration of things seized. (1) Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow: (a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized. (b) Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant. (2) The appropriate court to consider such motion is: (a) The court having ultimate trial jurisdiction over any crime charged in connection with the seizure; (b) If no crime is charged in connection with the seizure, the court to which the warrant was returned; or (c) If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made. (3) The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody. (4) No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section. (5)(a) The things seized that are the subject of a motion for return under this section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer. (b) As used in this subsection, “forensic imaging,” “portable electronic device” and “raw data” have the meanings given those terms in ORS 133.539. [1973 c.836 §110; 1999 c.37 §1; 2005 c.22 §102; 2015 c.613 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The appropriate court to consider such motion is:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The court having ultimate trial jurisdiction over any crime charged in connection with the seizure;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If no crime is charged in connection with the seizure, the court to which the warrant was returned; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "(a) The things seized that are the subject of a motion for return under this section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "As used in this subsection, “forensic imaging,” “portable electronic device” and “raw data” have the meanings given those terms in ORS 133.539. [1973 c.836 §110; 1999 c.37 §1; 2005 c.22 §102; 2015 c.613 §2]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.635", "name": "ORS 133.635", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.635", "sectionName": "ORS 133.635", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.635", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1961 c.696 §3;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.080"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1961 c.696 §3; 1967 c.628 §2; renumbered 135.080]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.640", "name": "ORS 133.640", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.640", "sectionName": "ORS 133.640", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.640", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1965 c.508 §8]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1965 c.508 §8]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.643", "name": "Ground", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.643", "sectionName": "Ground", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.643", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "for motion for return or restoration of things seized. A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.550", "131.600"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "for motion for return or restoration of things seized. A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because: (1) The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor; (2) The things seized were not in fact subject to seizure under ORS 131.550 to 131.600 or", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The things seized were not in fact subject to seizure under ORS 131.550 to 131.600 or", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.650", "name": "ORS 133.650", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.650", "sectionName": "ORS 133.650", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.650", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.653", "name": "ORS 133.653", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.653", "sectionName": "ORS 133.653", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.653", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Postponement of return or restoration; appellate review; contents of order.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.663", "133.539"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Postponement of return or restoration; appellate review; contents of order. (1) In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use. (2) An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS 133.663 shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes. (3)(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned. (b) As used in this subsection, “forensic imaging,” “portable electronic device” and “raw data” have the meanings given those terms in ORS 133.539. [1973 c.836 §112; 2015 c.613 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS 133.663 shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "As used in this subsection, “forensic imaging,” “portable electronic device” and “raw data” have the meanings given those terms in ORS 133.539. [1973 c.836 §112; 2015 c.613 §3]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.660", "name": "ORS 133.660", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.660", "sectionName": "ORS 133.660", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.660", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1961 c.289 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.085"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1961 c.289 §1; 1965 c.508 §5; 1973 c.836 §139; renumbered 135.085]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.663", "name": "ORS 133.663", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.663", "sectionName": "ORS 133.663", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.663", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Disputed possession rights.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and returning or restoring the property, the court, in its discretion, may leave the several claimants to appropriate civil process for the determination of the claims"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Disputed possession rights. (1) If, upon consideration of a motion for return or restoration of things seized, it appears to the court that the things should be returned or restored, but there is a substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the court may: (a) Return the things to the person from whose possession they were seized; or (b)(A) Impound the things seized and set a further hearing, ensuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard; and (B) Upon completion of the hearing provided for in subparagraph (A) of this paragraph, enter an order for the return or restoration of the things seized. (2) If there is no substantial question whether the things should be returned to the person from whose possession they were seized, they must be returned to the person upon the release of the defendant from custody. (3) Instead of conducting the hearing provided for in subsection (1)(b)(A) of this section and returning or restoring the property, the court, in its discretion, may leave the several claimants to appropriate civil process for the determination of the claims. [1973 c.836 §113; 2005 c.22 §103]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If, upon consideration of a motion for return or restoration of things seized, it appears to the court that the things should be returned or restored, but there is a substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the court may: (b)(A) of this section and returning or restoring the property, the court, in its discretion, may leave the several claimants to appropriate civil process for the determination of the claims. [1973 c.836 §113; 2005 c.22 §103]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Return the things to the person from whose possession they were seized; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "(A) Impound the things seized and set a further hearing, ensuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard; and", "subsections": [{"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Upon completion of the hearing provided for in subparagraph", "subsections": []}, {"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "of this paragraph, enter an order for the return or restoration of the things seized.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If there is no substantial question whether the things should be returned to the person from whose possession they were seized, they must be returned to the person upon the release of the defendant from custody.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Instead of conducting the hearing provided for in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.665", "name": "ORS 133.665", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.665", "sectionName": "ORS 133.665", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.665", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Repealed by 1961 c.289 §3]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1961 c.289 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.670", "name": "ORS 133.670", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.670", "sectionName": "ORS 133.670", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.670", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.090] (Evidentiary Exclusion)", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.090"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.090] (Evidentiary Exclusion)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.673", "name": "ORS 133.673", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.673", "sectionName": "ORS 133.673", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.673", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Motions to suppress evidence.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.525", "133.703"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Motions to suppress evidence. (1) Objections to use in evidence of things seized in violation of any of the provisions of ORS 133.525 to 133.703 shall be made by a motion to suppress which shall be heard and determined by any department of the trial court in advance of trial. (2) A motion to suppress which has been denied may be renewed, in the discretion of the court, on the ground of newly discovered evidence, or as the interests of justice require. [1973 c.836 §114; 1975 c.197 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Objections to use in evidence of things seized in violation of any of the provisions of ORS 133.525 to 133.703 shall be made by a motion to suppress which shall be heard and determined by any department of the trial court in advance of trial.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A motion to suppress which has been denied may be renewed, in the discretion of the court, on the ground of newly discovered evidence, or as the interests of justice require. [1973 c.836 §114; 1975 c.197 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.680", "name": "ORS 133.680", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.680", "sectionName": "ORS 133.680", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.680", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.095]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.095"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.095]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.683", "name": "ORS 133.683", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.683", "sectionName": "ORS 133.683", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.683", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1973 c.836 §117;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1973 c.836 §117; repealed by 1997 c.313 §37]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.690", "name": "ORS 133.690", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.690", "sectionName": "ORS 133.690", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.690", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.100]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.100"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.100]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.693", "name": "ORS 133.693", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.693", "sectionName": "ORS 133.693", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.693", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Challenge to truth of evidence.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Challenge to truth of evidence. (1) Subject to the provisions of subsection (2) of this section, in any proceeding on a motion to suppress evidence the moving party shall be entitled to contest, by cross-examination or offering evidence, the good faith, accuracy and truthfulness of the affiant with respect to the evidence presented to establish probable cause for search or seizure. (2) If the evidence sought to be suppressed was seized by authority of a search warrant, the moving party shall be allowed to contest the good faith, accuracy and truthfulness of the affiant as to the evidence presented before the issuing authority only upon supplementary motion, supported by affidavit, setting forth substantial basis for questioning such good faith, accuracy and truthfulness. (3) In any proceeding under subsection (2) of this section, the moving party shall have the burden of proving by a preponderance of the evidence that the evidence presented before the issuing authority was not offered in good faith, was not accurate and was not truthful. (4) Where the motion to suppress challenges evidence seized as the result of a warrantless search, the burden of proving by a preponderance of the evidence the validity of the search is on the prosecution. (5) The court shall determine whether, under applicable law, any inaccuracy, untruthfulness or lack of good faith requires suppression. [1973 c.836 §118]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Subject to the provisions of subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section, in any proceeding on a motion to suppress evidence the moving party shall be entitled to contest, by cross-examination or offering evidence, the good faith, accuracy and truthfulness of the affiant with respect to the evidence presented to establish probable cause for search or seizure. If the evidence sought to be suppressed was seized by authority of a search warrant, the moving party shall be allowed to contest the good faith, accuracy and truthfulness of the affiant as to the evidence presented before the issuing authority only upon supplementary motion, supported by affidavit, setting forth substantial basis for questioning such good faith, accuracy and truthfulness. of this section, the moving party shall have the burden of proving by a preponderance of the evidence that the evidence presented before the issuing authority was not offered in good faith, was not accurate and was not truthful.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "In any proceeding under subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Where the motion to suppress challenges evidence seized as the result of a warrantless search, the burden of proving by a preponderance of the evidence the validity of the search is on the prosecution.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The court shall determine whether, under applicable law, any inaccuracy, untruthfulness or lack of good faith requires suppression. [1973 c.836 §118]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.700", "name": "ORS 133.700", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.700", "sectionName": "ORS 133.700", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.700", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.105]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.105"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.105]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.703", "name": "ORS 133.703", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.703", "sectionName": "ORS 133.703", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.703", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Identity of informants.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Identity of informants. (1) In any proceeding on a motion to suppress evidence wherein, pursuant to ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In any proceeding on a motion to suppress evidence wherein, pursuant to ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.705", "name": "to 133.717 if the evidence:", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.705", "sectionName": "to 133.717 if the evidence:", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.705", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "(a) Is collected as part of a criminal investigation into a covered offense;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.705", "133.717"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "(a) Is collected as part of a criminal investigation into a covered offense; or (b) Is otherwise in the possession of the custodian and reasonably may be used to incriminate or exculpate any person for a covered offense. (2) When a custodian is required to preserve biological evidence under subsection (1) of this section, the custodian shall preserve the evidence in an amount and manner that is sufficient to develop a DNA profile. Except as otherwise provided in ORS 133.705 to 133.717, the biological evidence must be preserved: (a) If the covered offense is aggravated murder, murder, rape in the first degree, sodomy in the first degree or unlawful sexual penetration in the first degree, for 60 years from the date each person is convicted of the offense or until each person convicted of the offense has died, whichever is earlier. (b) If the covered offense is aggravated vehicular homicide, manslaughter in the first degree or manslaughter in the second degree, until each person convicted of the offense has served the person’s sentence. (c) If no person is convicted of the covered offense or the law enforcement agency investigating the covered offense closes the case for a reason other than the conviction of a person, until the expiration of the statute of limitations. (3) A custodian is not required to preserve physical evidence solely because the physical evidence contains biological evidence if the physical evidence is of such a size, bulk or physical character as to render retention impracticable. When the retention of physical evidence is impracticable, the custodian shall remove and preserve portions of the physical evidence likely to contain biological evidence in a quantity sufficient to permit future DNA testing before returning or disposing of the physical evidence. (4) Upon the conclusion of any trial or hearing involving a covered offense, the court shall return any biological evidence in the possession of the court to the custodian responsible for preserving the biological evidence under ORS 133.705 to", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Is collected as part of a criminal investigation into a covered offense; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Is otherwise in the possession of the custodian and reasonably may be used to incriminate or exculpate any person for a covered offense.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When a custodian is required to preserve biological evidence under subsection", "subsections": []}, {"label": "(1)", "token": "1", "kind": "numeric", "text": "of this section, the custodian shall preserve the evidence in an amount and manner that is sufficient to develop a DNA profile. Except as otherwise provided in ORS 133.705 to 133.717, the biological evidence must be preserved:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If the covered offense is aggravated murder, murder, rape in the first degree, sodomy in the first degree or unlawful sexual penetration in the first degree, for 60 years from the date each person is convicted of the offense or until each person convicted of the offense has died, whichever is earlier.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the covered offense is aggravated vehicular homicide, manslaughter in the first degree or manslaughter in the second degree, until each person convicted of the offense has served the person’s sentence.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If no person is convicted of the covered offense or the law enforcement agency investigating the covered offense closes the case for a reason other than the conviction of a person, until the expiration of the statute of limitations.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A custodian is not required to preserve physical evidence solely because the physical evidence contains biological evidence if the physical evidence is of such a size, bulk or physical character as to render retention impracticable. When the retention of physical evidence is impracticable, the custodian shall remove and preserve portions of the physical evidence likely to contain biological evidence in a quantity sufficient to permit future DNA testing before returning or disposing of the physical evidence.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Upon the conclusion of any trial or hearing involving a covered offense, the court shall return any biological evidence in the possession of the court to the custodian responsible for preserving the biological evidence under ORS 133.705 to", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.707", "name": "ORS 133.707", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.707", "sectionName": "ORS 133.707", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.707", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Custodian’s obligation to preserve biological evidence; effect of inability to produce in judicial proceeding; rules.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Custodian’s obligation to preserve biological evidence; effect of inability to produce in judicial proceeding; rules. (1) A custodian shall preserve biological evidence in accordance with ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A custodian shall preserve biological evidence in accordance with ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.709", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.709", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.709", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of intent to dispose; motion to preserve.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.707", "133.715", "133.705"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of intent to dispose; motion to preserve. (1)(a) A custodian may seek to dispose of biological evidence before the period of time specified in ORS 133.707 (2), by providing written notice, in the form developed under ORS 133.707 (7), to the district attorney having jurisdiction over the prosecution of the covered offense. Upon receipt of the notice, the district attorney shall determine whether to object to the disposal of any of the biological evidence identified in the custodian’s notice. (b) If the district attorney objects to the disposal of any of the biological evidence identified in the custodian’s notice, the district attorney shall provide written notice of the objection to the custodian that identifies the biological evidence that the district attorney determines must be preserved. The custodian shall preserve any biological evidence identified by the district attorney in the notice until the period of time specified in ORS 133.707 (2) has elapsed. (c) If the district attorney does not object to the disposal of all or a portion of the biological evidence identified in the custodian’s notice, the district attorney shall provide written notice of the intent to dispose of biological evidence, identifying the biological evidence that the district attorney has determined may be disposed of, to: (A) The defendant; (B) The most recent attorney of record for the defendant; and (C) The Department of Justice. (2) If evidence that is subject to ORS 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. The request must be in writing and must identify the property that the victim seeks to have returned. If the district attorney: (a) Objects to the return of any of the property to the victim, the district attorney shall notify the victim of that determination. (b) Does not object to the return of all or a portion of the property, the district attorney shall provide written notice of the intent to dispose of biological evidence, identifying the property the district attorney has determined may be returned, to: (A) The victim; (B) The defendant; (C) The most recent attorney of record for the defendant; and (D) The Department of Justice. (3)(a) Not later than 120 days after the date the district attorney provides written notice to the defendant under subsection (1)(c) or (2)(b) of this section, the defendant may file a motion to preserve biological evidence in the convicting court. The defendant shall provide a copy of the motion to the district attorney and the custodian. If the motion is timely filed, the court shall enter an order as provided in ORS 133.715. (b) If the defendant fails to file a motion to preserve biological evidence before the expiration of the 120-day period specified in paragraph (a) of this subsection, the district attorney shall file with the court a copy of the notice of intent to dispose of biological evidence sent to the defendant under subsection (1)(c) or (2)(b) of this section. Following the filing of the notice, the court shall, without hearing, enter an order authorizing the disposal of the biological evidence described in the notice. The court shall provide a copy of the order to the custodian, the district attorney and each person or entity described in subsection (1)(c) or (2)(b) of this section, as applicable. (c) The 120-day period specified in this subsection begins on the date the notice is mailed. [2011 c.275 §3] Note: See note under 133.705.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) A custodian may seek to dispose of biological evidence before the period of time specified in ORS 133.707 (c) or", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": ", by providing written notice, in the form developed under ORS 133.707 has elapsed. If evidence that is subject to ORS 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. The request must be in writing and must identify the property that the victim seeks to have returned. If the district attorney: (b) of this section, the defendant may file a motion to preserve biological evidence in the convicting court. The defendant shall provide a copy of the motion to the district attorney and the custodian. If the motion is timely filed, the court shall enter an order as provided in ORS 133.715. (b) of this section. Following the filing of the notice, the court shall, without hearing, enter an order authorizing the disposal of the biological evidence described in the notice. The court shall provide a copy of the order to the custodian, the district attorney and each person or entity described in subsection (b) of this section, as applicable.", "subsections": [{"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the district attorney does not object to the disposal of all or a portion of the biological evidence identified in the custodian’s notice, the district attorney shall provide written notice of the intent to dispose of biological evidence, identifying the biological evidence that the district attorney has determined may be disposed of, to: The 120-day period specified in this subsection begins on the date the notice is mailed. [2011 c.275 §3] Note: See note under 133.705.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The defendant;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The most recent attorney of record for the defendant; and", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The Department of Justice.", "subsections": []}]}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Objects to the return of any of the property to the victim, the district attorney shall notify the victim of that determination. of this subsection, the district attorney shall file with the court a copy of the notice of intent to dispose of biological evidence sent to the defendant under subsection", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Does not object to the return of all or a portion of the property, the district attorney shall provide written notice of the intent to dispose of biological evidence, identifying the property the district attorney has determined may be returned, to: If the defendant fails to file a motion to preserve biological evidence before the expiration of the 120-day period specified in paragraph", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The victim;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The defendant;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The most recent attorney of record for the defendant; and", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "The Department of Justice.", "subsections": []}]}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": ", to the district attorney having jurisdiction over the prosecution of the covered offense. Upon receipt of the notice, the district attorney shall determine whether to object to the disposal of any of the biological evidence identified in the custodian’s notice.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the district attorney objects to the disposal of any of the biological evidence identified in the custodian’s notice, the district attorney shall provide written notice of the objection to the custodian that identifies the biological evidence that the district attorney determines must be preserved. The custodian shall preserve any biological evidence identified by the district attorney in the notice until the period of time specified in ORS 133.707", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) Not later than 120 days after the date the district attorney provides written notice to the defendant under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.710", "name": "ORS 133.710", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.710", "sectionName": "ORS 133.710", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.710", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.115]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.115"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.115]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.713", "name": "ORS 133.713", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.713", "sectionName": "ORS 133.713", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.713", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Inventory; right to review.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.705", "133.717", "133.709"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Inventory; right to review. (1) Upon written request by the defendant, the district attorney shall provide the defendant with an inventory of biological evidence that has been preserved under ORS 133.705 to 133.717 and is related to the covered offense for which the defendant was convicted. (2) A defendant or, if the defendant is represented by an attorney, the defendant’s attorney has the right to reasonably review biological evidence that is the subject of a written notice of intent to dispose of biological evidence under ORS 133.709 for the purpose of preparing a motion to preserve biological evidence. [2011 c.275 §5] Note: See note under 133.705.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Upon written request by the defendant, the district attorney shall provide the defendant with an inventory of biological evidence that has been preserved under ORS 133.705 to 133.717 and is related to the covered offense for which the defendant was convicted.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A defendant or, if the defendant is represented by an attorney, the defendant’s attorney has the right to reasonably review biological evidence that is the subject of a written notice of intent to dispose of biological evidence under ORS 133.709 for the purpose of preparing a motion to preserve biological evidence. [2011 c.275 §5] Note: See note under 133.705.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.715", "name": "Order;", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.715", "sectionName": "Order;", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.715", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "appeal.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section in the manner provided in ORS chapter 19 for appeals from judgments. Notwithstanding ORS 19.330, the filing of a notice of appeal automatically stays an order entered under this section"], "ors_citations": ["133.709", "19.330", "133.705"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "appeal. (1) Upon receipt of a timely motion to preserve biological evidence under ORS 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. (2)(a) In determining whether to order the preservation of biological evidence, the court shall consider, in addition to other factors the court considers appropriate, the following factors: (A) Whether the identification of the offender was a disputed issue; (B) Whether other biological evidence in the case contains DNA in an amount that is sufficient to develop a DNA profile and will not be disposed of; (C) If the biological evidence has not previously been tested, whether it is possible to perform testing on the biological evidence; (D) Whether the defendant has served all of the sentence imposed; and (E) Whether the defendant has exhausted the defendant’s appellate or post-conviction rights. (b) If the defendant has not exhausted the defendant’s appellate and post-conviction rights, there is a presumption that the biological evidence should be preserved. (c) In making the determination described in this subsection, except as otherwise provided in paragraph (b) of this subsection, the court may assign the weight the court deems appropriate to the factors described in paragraph (a) of this subsection and to any other factor the court determines is appropriate. (d) For purposes of subparagraph (2)(a)(A) of this section, the court need not presume that identification of the offender is not a disputed issue solely because the defendant has pleaded guilty or no contest to the crime, has confessed to the crime or has made an admission. (3) If the court enters an order authorizing the disposal of biological evidence, the order may not authorize disposal to occur sooner than 45 days after the date the order is entered. The court shall provide a copy of the order to the custodian, the district attorney and the defendant. (4) Either the state or the defendant may appeal from an order entered under this section in the manner provided in ORS chapter 19 for appeals from judgments. Notwithstanding ORS 19.330, the filing of a notice of appeal automatically stays an order entered under this section. [2011 c.275 §4] Note: See note under 133.705.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Upon receipt of a timely motion to preserve biological evidence under ORS 133.709", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": ", the court shall: If the court enters an order authorizing the disposal of biological evidence, the order may not authorize disposal to occur sooner than 45 days after the date the order is entered. The court shall provide a copy of the order to the custodian, the district attorney and the defendant.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Conduct a hearing to resolve the motion; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Enter an order directing the custodian to preserve the biological evidence.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) In determining whether to order the preservation of biological evidence, the court shall consider, in addition to other factors the court considers appropriate, the following factors: (a)(A) of this section, the court need not presume that identification of the offender is not a disputed issue solely because the defendant has pleaded guilty or no contest to the crime, has confessed to the crime or has made an admission.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Whether the identification of the offender was a disputed issue;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Whether other biological evidence in the case contains DNA in an amount that is sufficient to develop a DNA profile and will not be disposed of;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "If the biological evidence has not previously been tested, whether it is possible to perform testing on the biological evidence;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Whether the defendant has served all of the sentence imposed; and", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "Whether the defendant has exhausted the defendant’s appellate or post-conviction rights.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the defendant has not exhausted the defendant’s appellate and post-conviction rights, there is a presumption that the biological evidence should be preserved. of this subsection, the court may assign the weight the court deems appropriate to the factors described in paragraph", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "In making the determination described in this subsection, except as otherwise provided in paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection and to any other factor the court determines is appropriate.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "For purposes of subparagraph", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Either the state or the defendant may appeal from an order entered under this section in the manner provided in ORS chapter 19 for appeals from judgments. Notwithstanding ORS 19.330, the filing of a notice of appeal automatically stays an order entered under this section. [2011 c.275 §4] Note: See note under 133.705.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.717", "name": "ORS 133.717", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.717", "sectionName": "ORS 133.717", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.717", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Provision of notice or order to defendant. When a provision of ORS 133.705 to 133.717 requires a district attorney or the court to provide written notice or an order to the defendant and the defendant:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.705", "133.717"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Provision of notice or order to defendant. When a provision of ORS 133.705 to 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 “Legal Mail.” (2) Is supervised by a supervisory authority for any offense, the notice must be sent by regular United States mail to the defendant’s last-known address on record with the supervisory authority. (3) Is no longer supervised by a supervisory authority, the notice must be sent by certified mail to the defendant’s last-known address. [2011 c.275 §6] Note: See note under 133.705.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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 “Legal Mail.”", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Is supervised by a supervisory authority for any offense, the notice must be sent by regular United States mail to the defendant’s last-known address on record with the supervisory authority.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Is no longer supervised by a supervisory authority, the notice must be sent by certified mail to the defendant’s last-known address. [2011 c.275 §6] Note: See note under 133.705.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.720", "name": "ORS 133.720", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.720", "sectionName": "ORS 133.720", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.720", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.125] INTERCEPTION OF COMMUNICATIONS", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.125"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.125] INTERCEPTION OF COMMUNICATIONS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.721", "name": "ORS 133.721", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.721", "sectionName": "ORS 133.721", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.721", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Definitions for ORS 41.910 and 133.721 to 133.739. As used in ORS 41.910 and 133.721 to 133.739, unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["41.910", "133.721", "133.739", "133.724", "133.726", "352.121", "353.125", "471.775", "759.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 41.910 and 133.721 to 133.739. As used in ORS 41.910 and 133.721 to 133.739, unless the context requires otherwise: (1) “Aggrieved person” means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 or 133.726 or a person against whom the interception was directed and who alleges that the interception was unlawful. (2) “Contents,” when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication. (3) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include: (a) Any oral communication or any communication that is completely by wire; or (b) Any communication made through a tone-only paging device. (4) “Electronic, mechanical or other device” means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than: (a) Any telephone or telegraph instrument, equipment or facility, or any component thereof that is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and that is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or (b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal. (5) “Intercept” means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device. (6) “Investigative or law enforcement officer” means: (a) An officer or other person employed to investigate or enforce the law by: (A) A county sheriff or municipal police department, or a police department established by a university under ORS 352.121 or 353.125; (B) The Oregon State Police, the Department of Corrections, the Attorney General or a district attorney; or (C) Law enforcement agencies of other states or the federal government; (b) An authorized tribal police officer as defined in ORS 181A.940; or (c) A regulatory specialist exercising authority described in ORS 471.775 (2). (7) “Oral communication” means: (a) Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or (b) An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication. (8) “Telecommunications carrier” means: (a) A telecommunications utility as defined in ORS 759.005; or (b) A cooperative corporation organized under ORS chapter 62 that provides telecommunications services. (9) “Telecommunications service” has the meaning given that term in ORS 759.005. (10) “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, whether furnished or operated by a public utility or privately owned or leased. [1979 c.716 §2; 1983 c.824 §6; 1987 c.320 §18; 1987 c.447 §103; 1989 c.983 §6; 1999 c.1093 §1; 2001 c.385 §1; 2003 c.14 §53; 2005 c.22 §104; 2011 c.644 §§17,62,70; 2012 c.54 §§10,11; 2013 c.180 §§12,13; 2015 c.174 §6; 2015 c.614 §§141,142]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Aggrieved person” means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 or 133.726 or a person against whom the interception was directed and who alleges that the interception was unlawful.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Contents,” when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Any oral communication or any communication that is completely by wire; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any communication made through a tone-only paging device.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Electronic, mechanical or other device” means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Any telephone or telegraph instrument, equipment or facility, or any component thereof that is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and that is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A hearing aid or similar device being used to correct subnormal hearing to not better than normal.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "“Intercept” means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "“Investigative or law enforcement officer” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An officer or other person employed to investigate or enforce the law by:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "A county sheriff or municipal police department, or a police department established by a university under ORS 352.121 or 353.125;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The Oregon State Police, the Department of Corrections, the Attorney General or a district attorney; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Law enforcement agencies of other states or the federal government;", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An authorized tribal police officer as defined in ORS 181A.940; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A regulatory specialist exercising authority described in ORS 471.775", "subsections": []}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "“Oral communication” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication.", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "“Telecommunications carrier” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A telecommunications utility as defined in ORS 759.005; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A cooperative corporation organized under ORS chapter 62 that provides telecommunications services.", "subsections": []}]}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "“Telecommunications service” has the meaning given that term in ORS 759.005.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "“Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, whether furnished or operated by a public utility or privately owned or leased. [1979 c.716 §2; 1983 c.824 §6; 1987 c.320 §18; 1987 c.447 §103; 1989 c.983 §6; 1999 c.1093 §1; 2001 c.385 §1; 2003 c.14 §53; 2005 c.22 §104; 2011 c.644 §§17,62,70; 2012 c.54 §§10,11; 2013 c.180 §§12,13; 2015 c.174 §6; 2015 c.614 §§141,142]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.723", "name": "ORS 133.723", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.723", "sectionName": "ORS 133.723", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.723", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Records confidential.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.724", "135.805", "135.873", "133.721", "133.739", "141.740"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Records confidential. The application for any order under ORS 133.724 and any supporting documents and testimony in connection therewith shall remain confidential in the custody of the court, and these materials shall not be released or information concerning them in any manner disclosed except upon written order of the court and as required under ORS 135.805 to 135.873. No person having custody of any records maintained under ORS 133.721 to 133.739 shall disclose or release any materials or information contained therein except upon written order of the court and as required under ORS 135.805 to 135.873. [Formerly 141.740; 1979 c.716 §13]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.724", "name": "Order", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.724", "sectionName": "Order", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.724", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "for interception of communications; application; grounds for issuance; contents of order; progress reports.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may not authorize or approve the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of authorization and in no event for longer than 30 days. Extensions of any order may be granted, but only when application for an extension is made in accordance with subsection (1)(k) of this section and the court makes the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purpose for which it is granted and in no event for longer than 30 days. Every order and extension of that order shall contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception, and must terminate upon attainment of the authorized objective, or in any event in 30 days. (6) Whenever an order authorizing interception is entered pursuant to this section, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require"], "ors_citations": ["163.266", "163.413", "166.720", "167.012", "167.017", "475.752", "475.786", "475.894", "475.904", "475.910", "167.007", "167.008", "133.725"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "for interception of communications; application; grounds for issuance; contents of order; progress reports. (1) An ex parte order for the interception of wire, electronic or oral communications may be issued by any circuit court judge upon written application made upon oath or affirmation of the individual who is the district attorney or a deputy district attorney authorized by the district attorney for the county in which the order is sought. The application shall include: (a) The name of the district attorney or the deputy district attorney making the application and the authority of the district attorney or the deputy district attorney to make the application; (b) The identity of the investigative or law enforcement officer making the application and the officer authorizing the application; (c) A statement demonstrating that there is probable cause to believe that an individual is committing, has committed or is about to commit: (A) A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony; (B) A crime punishable as a felony under ORS 163.266 (1)(b) or (c), 163.413, 166.720, 167.012, 167.017, 475.752, 475.786 to 475.894 or 475.904 to 475.910 or as a misdemeanor under ORS 167.007 or 167.008; or (C) Any conspiracy to commit any of the foregoing crimes; (d) A statement of the details, if known, of the particular crime alleged under paragraph (c) of this subsection; (e) A particular description of the nature and location of the facilities from which or the place where the wire, electronic or oral communication is to be intercepted, if known; (f) A particular description of the type of wire, electronic or oral communication sought to be intercepted; (g) The identity of the person, if known, suspected of committing the crime and whose wire, electronic or oral communications are to be intercepted; (h) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why other investigative procedures reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous; (i) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of wire, electronic or oral communication has been first obtained, a description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (j) A statement as to whether any prior application has been made to intercept wire, electronic or oral communications from the same person and, if such prior application exists, a statement of the current status of that application; and (k) Where the application is for the extension of an existing order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. (2) The judge may require the applicant to furnish further testimony or documentary evidence in support of the application. (3) Upon examination of such application and evidence the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, electronic or oral communications within the state if the judge determines on the basis of the facts submitted by the applicant that: (a) There is probable cause for belief that an individual is committing, has committed or is about to commit a particular crime described in subsection (1)(c) of this section; (b) There is probable cause for belief that particular communications concerning that crime will be obtained through such interception; (c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous; and (d) There is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications to be intercepted are being used, or are about to be used, in connection with the planning or the commission of that crime are open to the public or are owned by, leased to, listed in the name of, or commonly used by the individual suspected. (4) Each order authorizing or approving the interception of any wire, electronic or oral communication shall specify: (a) The identity of the person, if known, whose communications are to be intercepted; (b) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (c) A particular description of the type of communication sought to be intercepted, and a statement of the particular crime to which it relates; (d) The identity of the agency authorized to intercept the communications and of the person authorizing the application; (e) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and (f) The name of the applicant, date of issuance, and the signature and title of the issuing judge. (5) An order entered pursuant to this section may not authorize or approve the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of authorization and in no event for longer than 30 days. Extensions of any order may be granted, but only when application for an extension is made in accordance with subsection (1)(k) of this section and the court makes the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purpose for which it is granted and in no event for longer than 30 days. Every order and extension of that order shall contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception, and must terminate upon attainment of the authorized objective, or in any event in 30 days. (6) Whenever an order authorizing interception is entered pursuant to this section, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require. [1979 c.716 §4 (enacted in lieu of 133.725); 1989 c.639 §1; 1989 c.983 §7a; 1995 c.224 §1; 2001 c.385 §6; 2005 c.708 §45; 2007 c.442 §1; 2011 c.151 §8; 2013 c.720 §6]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "An ex parte order for the interception of wire, electronic or oral communications may be issued by any circuit court judge upon written application made upon oath or affirmation of the individual who is the district attorney or a deputy district attorney authorized by the district attorney for the county in which the order is sought. The application shall include: (b) or (c) of this section; (k) of this section and the court makes the findings required by subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The name of the district attorney or the deputy district attorney making the application and the authority of the district attorney or the deputy district attorney to make the application;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The identity of the investigative or law enforcement officer making the application and the officer authorizing the application; There is probable cause for belief that particular communications concerning that crime will be obtained through such interception;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A statement demonstrating that there is probable cause to believe that an individual is committing, has committed or is about to commit: , 163.413, 166.720, 167.012, 167.017, 475.752, 475.786 to 475.894 or 475.904 to 475.910 or as a misdemeanor under ORS 167.007 or 167.008; or of this subsection; Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous; and", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A crime punishable as a felony under ORS 163.266", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Any conspiracy to commit any of the foregoing crimes;", "subsections": []}]}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "A statement of the details, if known, of the particular crime alleged under paragraph There is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications to be intercepted are being used, or are about to be used, in connection with the planning or the commission of that crime are open to the public or are owned by, leased to, listed in the name of, or commonly used by the individual suspected.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A particular description of the nature and location of the facilities from which or the place where the wire, electronic or oral communication is to be intercepted, if known;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A particular description of the type of wire, electronic or oral communication sought to be intercepted;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "The identity of the person, if known, suspected of committing the crime and whose wire, electronic or oral communications are to be intercepted;", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "A full and complete statement as to whether or not other investigative procedures have been tried and failed or why other investigative procedures reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous;", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of wire, electronic or oral communication has been first obtained, a description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;", "subsections": []}, {"label": "(j)", "token": "j", "kind": "alpha_lower", "text": "A statement as to whether any prior application has been made to intercept wire, electronic or oral communications from the same person and, if such prior application exists, a statement of the current status of that application; and", "subsections": []}, {"label": "(k)", "token": "k", "kind": "alpha_lower", "text": "Where the application is for the extension of an existing order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The judge may require the applicant to furnish further testimony or documentary evidence in support of the application.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Upon examination of such application and evidence the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, electronic or oral communications within the state if the judge determines on the basis of the facts submitted by the applicant that: of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purpose for which it is granted and in no event for longer than 30 days. Every order and extension of that order shall contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception, and must terminate upon attainment of the authorized objective, or in any event in 30 days.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "There is probable cause for belief that an individual is committing, has committed or is about to commit a particular crime described in subsection", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Each order authorizing or approving the interception of any wire, electronic or oral communication shall specify:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The identity of the person, if known, whose communications are to be intercepted;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A particular description of the type of communication sought to be intercepted, and a statement of the particular crime to which it relates;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The identity of the agency authorized to intercept the communications and of the person authorizing the application;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "The name of the applicant, date of issuance, and the signature and title of the issuing judge.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "An order entered pursuant to this section may not authorize or approve the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of authorization and in no event for longer than 30 days. Extensions of any order may be granted, but only when application for an extension is made in accordance with subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Whenever an order authorizing interception is entered pursuant to this section, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require. [1979 c.716 §4 (enacted in lieu of 133.725); 1989 c.639 §1; 1989 c.983 §7a; 1995 c.224 §1; 2001 c.385 §6; 2005 c.708 §45; 2007 c.442 §1; 2011 c.151 §8; 2013 c.720 §6]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.725", "name": "ORS 133.725", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.725", "sectionName": "ORS 133.725", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.725", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Formerly 141.720;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["141.720", "133.724", "133.725"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 141.720; repealed by 1979 c.716 §3 (133.724 enacted in lieu of 133.725)]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.726", "name": "ORS 133.726", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.726", "sectionName": "ORS 133.726", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.726", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Interception of oral communication without order; order for interception of oral communication; application; grounds for issuance; contents of order; penalties.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and ORS 133.736, a person is a party to an oral communication if the oral communication is made in the person", "section may be issued by any judge as defined in ORS 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. The application shall include", "section must specify", "section is not required when a law enforcement officer intercepts an oral communication to which the officer or a person under the direct supervision of the officer is a party if the oral communication is made by a person whom the officer has probable cause to believe has committed, is engaged in committing or is about to commit", "section may not intentionally fail to record and preserve the oral communication in its entirety. A law enforcement officer, or a person under the direct supervision of the officer, who is authorized under this section to intercept an oral communication is not required to exclude from the interception an oral communication made by a person for whom probable cause does not exist if the officer or the person under the officer", "section before a preliminary hearing or trial in which an oral communication is going to be introduced as evidence against a person except", "section only when acting within the scope of the officer", "section is a Class A misdemeanor"], "ors_citations": ["133.724", "133.736", "133.525", "133.005", "167.007", "167.008", "475.752", "475.786", "475.894", "475.906", "352.121", "353.125", "471.001"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Interception of oral communication without order; order for interception of oral communication; application; grounds for issuance; contents of order; penalties. (1) Notwithstanding ORS 133.724, under the circumstances described in this section, a law enforcement officer is authorized to intercept an oral communication to which the officer or a person under the direct supervision of the officer is a party, without obtaining an order for the interception of a wire, electronic or oral communication under ORS 133.724. (2) For purposes of this section and ORS 133.736, a person is a party to an oral communication if the oral communication is made in the person’s immediate presence and is audible to the person regardless of whether the communication is specifically directed to the person. (3) An ex parte order for intercepting an oral communication in any county of this state under this section may be issued by any judge as defined in ORS 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. The application shall include: (a) The name of the applicant and the applicant’s authority to make the application; (b) A statement demonstrating that there is probable cause to believe that a person whose oral communication is to be intercepted is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 or 167.008, and that intercepting the oral communication will yield evidence thereof; and (c) The identity of the person, if known, suspected of committing the crime and whose oral communication is to be intercepted. (4) The judge may require the applicant to furnish further testimony or documentary evidence in support of the application. (5) Upon examination of the application and evidence, the judge may enter an ex parte order, as requested or as modified, authorizing or approving the interception of an oral communication within the state if the judge determines on the basis of the facts submitted by the applicant that: (a) There is probable cause to believe that a person is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 or 167.008; and (b) There is probable cause to believe that the oral communication to be obtained will contain evidence concerning that crime. (6) An order authorizing or approving the interception of an oral communication under this section must specify: (a) The identity of the person, if known, whose oral communication is to be intercepted; (b) A statement identifying the particular crime to which the oral communication is expected to relate; (c) The agency authorized under the order to intercept the oral communication; (d) The name and office of the applicant and the signature and title of the issuing judge; (e) A period of time after which the order shall expire; and (f) A statement that the order authorizes only the interception of an oral communication to which a law enforcement officer or a person under the direct supervision of a law enforcement officer is a party. (7) An order under ORS 133.724 or this section is not required when a law enforcement officer intercepts an oral communication to which the officer or a person under the direct supervision of the officer is a party if the oral communication is made by a person whom the officer has probable cause to believe has committed, is engaged in committing or is about to commit: (a) A crime punishable as a felony under ORS 475.752, 475.786 to 475.894, 475.906, 475C.005 to 475C.525 or 475C.770 to 475C.919 or as a misdemeanor under ORS 167.007 or 167.008; or (b) Any other crime punishable as a felony if the circumstances at the time the oral communication is intercepted are of such exigency that it would be unreasonable to obtain a court order under ORS 133.724 or this section. (8) A law enforcement officer who intercepts an oral communication pursuant to this section may not intentionally fail to record and preserve the oral communication in its entirety. A law enforcement officer, or a person under the direct supervision of the officer, who is authorized under this section to intercept an oral communication is not required to exclude from the interception an oral communication made by a person for whom probable cause does not exist if the officer or the person under the officer’s direct supervision is a party to the oral communication. (9) A law enforcement officer may not divulge the contents of an oral communication intercepted under this section before a preliminary hearing or trial in which an oral communication is going to be introduced as evidence against a person except: (a) To a superior officer or other official with whom the law enforcement officer is cooperating in the enforcement of the criminal laws of this state or the United States; (b) To a magistrate; (c) In a presentation to a federal or state grand jury; or (d) In compliance with a court order. (10) A law enforcement officer may intercept an oral communication under this section only when acting within the scope of the officer’s employment and as a part of assigned duties. (11) As used in this section, “law enforcement officer” means: (a) An officer employed to enforce criminal laws by: (A) The United States, this state or a municipal government within this state; (B) A political subdivision, agency, department or bureau of the governments described in subparagraph (A) of this paragraph; or (C) A police department established by a university under ORS 352.121 or 353.125; (b) An authorized tribal police officer as defined in ORS 181A.940; or (c) A regulatory specialist as defined in ORS 471.001. (12) Violation of subsection (9) of this section is a Class A misdemeanor. [1983 c.824 §8; 1995 c.224 §2; 2001 c.385 §2; 2003 c.577 §13; 2005 c.708 §46; 2007 c.442 §§2,3; 2011 c.151 §§9,10; 2011 c.644 §§18,19,63,64,71; 2012 c.54 §§12,13; 2013 c.180 §§14,15; 2015 c.174 §7; 2015 c.614 §§143,144; 2023 c.209 §5]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Notwithstanding ORS 133.724, under the circumstances described in this section, a law enforcement officer is authorized to intercept an oral communication to which the officer or a person under the direct supervision of the officer is a party, without obtaining an order for the interception of a wire, electronic or oral communication under ORS 133.724.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "For purposes of this section and ORS 133.736, a person is a party to an oral communication if the oral communication is made in the person’s immediate presence and is audible to the person regardless of whether the communication is specifically directed to the person.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "An ex parte order for intercepting an oral communication in any county of this state under this section may be issued by any judge as defined in ORS 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. The application shall include:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The name of the applicant and the applicant’s authority to make the application;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A statement demonstrating that there is probable cause to believe that a person whose oral communication is to be intercepted is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 or 167.008, and that intercepting the oral communication will yield evidence thereof; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The identity of the person, if known, suspected of committing the crime and whose oral communication is to be intercepted.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The judge may require the applicant to furnish further testimony or documentary evidence in support of the application.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Upon examination of the application and evidence, the judge may enter an ex parte order, as requested or as modified, authorizing or approving the interception of an oral communication within the state if the judge determines on the basis of the facts submitted by the applicant that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "There is probable cause to believe that a person is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 or 167.008; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "There is probable cause to believe that the oral communication to be obtained will contain evidence concerning that crime.", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "An order authorizing or approving the interception of an oral communication under this section must specify:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The identity of the person, if known, whose oral communication is to be intercepted;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A statement identifying the particular crime to which the oral communication is expected to relate;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The agency authorized under the order to intercept the oral communication;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The name and office of the applicant and the signature and title of the issuing judge;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A period of time after which the order shall expire; and", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A statement that the order authorizes only the interception of an oral communication to which a law enforcement officer or a person under the direct supervision of a law enforcement officer is a party.", "subsections": []}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "An order under ORS 133.724 or this section is not required when a law enforcement officer intercepts an oral communication to which the officer or a person under the direct supervision of the officer is a party if the oral communication is made by a person whom the officer has probable cause to believe has committed, is engaged in committing or is about to commit:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A crime punishable as a felony under ORS 475.752, 475.786 to 475.894, 475.906, 475C.005 to 475C.525 or 475C.770 to 475C.919 or as a misdemeanor under ORS 167.007 or 167.008; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any other crime punishable as a felony if the circumstances at the time the oral communication is intercepted are of such exigency that it would be unreasonable to obtain a court order under ORS 133.724 or this section.", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "A law enforcement officer who intercepts an oral communication pursuant to this section may not intentionally fail to record and preserve the oral communication in its entirety. A law enforcement officer, or a person under the direct supervision of the officer, who is authorized under this section to intercept an oral communication is not required to exclude from the interception an oral communication made by a person for whom probable cause does not exist if the officer or the person under the officer’s direct supervision is a party to the oral communication.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "A law enforcement officer may not divulge the contents of an oral communication intercepted under this section before a preliminary hearing or trial in which an oral communication is going to be introduced as evidence against a person except: of this section is a Class A misdemeanor. [1983 c.824 §8; 1995 c.224 §2; 2001 c.385 §2; 2003 c.577 §13; 2005 c.708 §46; 2007 c.442 §§2,3; 2011 c.151 §§9,10; 2011 c.644 §§18,19,63,64,71; 2012 c.54 §§12,13; 2013 c.180 §§14,15; 2015 c.174 §7; 2015 c.614 §§143,144; 2023 c.209 §5]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "To a superior officer or other official with whom the law enforcement officer is cooperating in the enforcement of the criminal laws of this state or the United States;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "To a magistrate;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "In a presentation to a federal or state grand jury; or", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "In compliance with a court order.", "subsections": []}]}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "A law enforcement officer may intercept an oral communication under this section only when acting within the scope of the officer’s employment and as a part of assigned duties.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "As used in this section, “law enforcement officer” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An officer employed to enforce criminal laws by:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The United States, this state or a municipal government within this state; of this paragraph; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A political subdivision, agency, department or bureau of the governments described in subparagraph", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A police department established by a university under ORS 352.121 or 353.125;", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "An authorized tribal police officer as defined in ORS 181A.940; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A regulatory specialist as defined in ORS 471.001.", "subsections": []}]}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "Violation of subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.727", "name": "ORS 133.727", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.727", "sectionName": "ORS 133.727", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.727", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Proceeding under expired order prohibited.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.724", "165.543", "141.730"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Proceeding under expired order prohibited. Any officer who knowingly proceeds under an order which has expired and has not been renewed as provided in ORS 133.724 is deemed to act without authority under ORS 133.724 and shall be subject to the penalties provided in ORS 165.543, as though the officer had never obtained any such order or warrant. [Formerly 141.730; 1979 c.716 §14; 1983 c.824 §7]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.729", "name": "ORS 133.729", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.729", "sectionName": "ORS 133.729", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.729", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Recording intercepted communications; method; delivery to court; custody. The contents of any wire, electronic or oral communication intercepted in accordance with the provisions of ORS 133.724 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order issued under ORS 133.724, or extensions thereof, such recordings shall be made availa", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order issued under ORS 133.724, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the direction of the judge. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed before the expiration of the minimum retention period established by the State Court Administrator under ORS 8.125. Duplicate recordings may be made for use or disclosure pursuant to the provisions of ORS 133.737 (1) and (2) for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under ORS 133.737 (3"], "ors_citations": ["133.724", "8.125", "133.737"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Recording intercepted communications; method; delivery to court; custody. The contents of any wire, electronic or oral communication intercepted in accordance with the provisions of ORS 133.724 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order issued under ORS 133.724, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the direction of the judge. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed before the expiration of the minimum retention period established by the State Court Administrator under ORS 8.125. Duplicate recordings may be made for use or disclosure pursuant to the provisions of ORS 133.737 (1) and (2) for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under ORS 133.737 (3). [1979 c.716 §7; 1989 c.983 §8; 1997 c.872 §12]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "and", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under ORS 133.737", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": ". [1979 c.716 §7; 1989 c.983 §8; 1997 c.872 §12]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.730", "name": "ORS 133.730", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.730", "sectionName": "ORS 133.730", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.730", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.135]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.135"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.135]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.731", "name": "ORS 133.731", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.731", "sectionName": "ORS 133.731", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.731", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Inventory; contents; inspection of intercepted communications.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may be postponed"], "ors_citations": ["133.724"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Inventory; contents; inspection of intercepted communications. (1) Within a reasonable time but not later than 90 days after the termination of the period of an order issued under ORS 133.724, or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in the judge’s discretion should be served in the interest of justice, an inventory which shall include notice of: (a) The fact of the entry of the order or the application; (b) The date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and (c) The fact that during the period wire, electronic or oral communications were or were not intercepted. (2) The judge, upon the filing of a motion, may in the judge’s discretion make available to such person or the person’s counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of the circuit court, the serving of the inventory required by this section may be postponed. [1979 c.716 §8; 1989 c.983 §9]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Within a reasonable time but not later than 90 days after the termination of the period of an order issued under ORS 133.724, or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in the judge’s discretion should be served in the interest of justice, an inventory which shall include notice of:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The fact of the entry of the order or the application;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The fact that during the period wire, electronic or oral communications were or were not intercepted.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The judge, upon the filing of a motion, may in the judge’s discretion make available to such person or the person’s counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of the circuit court, the serving of the inventory required by this section may be postponed. [1979 c.716 §8; 1989 c.983 §9]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.733", "name": "ORS 133.733", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.733", "sectionName": "ORS 133.733", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.733", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Procedure for introduction as evidence.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.724"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Procedure for introduction as evidence. The contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This 10-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information. [1979 c.716 §9; 1989 c.983 §10]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.735", "name": "ORS 133.735", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.735", "sectionName": "ORS 133.735", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.735", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Suppression of intercepted communications; procedure; grounds; appeal.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.724"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Suppression of intercepted communications; procedure; grounds; appeal. (1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress the contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, on the grounds that: (a) The communication was unlawfully intercepted; (b) The order of authorization or approval under which it was intercepted is insufficient on its face; or (c) The interception was not made in conformity with the order of authorization or approval. (2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic or oral communication, or evidence derived therefrom, shall be treated as having been unlawfully obtained. The judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice. (3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1979 c.716 §10; 1989 c.983 §11]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress the contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, on the grounds that: of this section. [1979 c.716 §10; 1989 c.983 §11]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The communication was unlawfully intercepted;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The order of authorization or approval under which it was intercepted is insufficient on its face; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The interception was not made in conformity with the order of authorization or approval.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic or oral communication, or evidence derived therefrom, shall be treated as having been unlawfully obtained. The judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.736", "name": "ORS 133.736", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.736", "sectionName": "ORS 133.736", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.736", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Suppression of intercepted oral communication; procedure; appeal.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.726"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Suppression of intercepted oral communication; procedure; appeal. (1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress recordings of any oral communication intercepted in violation of ORS 133.726 or testimony or other evidence derived solely from the unlawful interception. (2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice. (3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1983 c.824 §5; 2001 c.385 §3; 2003 c.14 §55]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress recordings of any oral communication intercepted in violation of ORS 133.726 or testimony or other evidence derived solely from the unlawful interception. of this section. [1983 c.824 §5; 2001 c.385 §3; 2003 c.14 §55]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.737", "name": "shall have a civil cause of action against any person who willfully", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.737", "sectionName": "shall have a civil cause of action against any person who willfully", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.737", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "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:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section if the action under this section is maintained as a class action pursuant to ORCP 32"], "ors_citations": ["41.910", "133.721", "133.739", "133.992"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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 $100 a day for each day of violation or $1,000, whichever is greater; and (b) Punitive damages. (2) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil action brought under this section. (3) Nothing in ORS 41.910, 133.721 to 133.739 and 133.992 is intended to abrogate any other private civil remedy for invasion of privacy. (4) Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section. (5) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1979 c.716 §11; 1981 c.897 §38; 1989 c.983 §13; 1995 c.696 §16]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Actual damages but not less than damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Punitive damages.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil action brought under this section.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Nothing in ORS 41.910, 133.721 to 133.739 and 133.992 is intended to abrogate any other private civil remedy for invasion of privacy.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Except as provided in subsection of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1979 c.716 §11; 1981 c.897 §38; 1989 c.983 §13; 1995 c.696 §16]", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section. The court may not award attorney fees to a prevailing defendant under the provisions of subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.739", "name": "Civil", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.739", "sectionName": "Civil", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.739", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.724"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies. (1) Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.740", "name": "ORS 133.740", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.740", "sectionName": "ORS 133.740", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.740", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.145] VIDEO CAMERAS WORN BY LAW ENFORCEMENT OFFICERS", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.145"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.145] VIDEO CAMERAS WORN BY LAW ENFORCEMENT OFFICERS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.741", "name": "Law", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.741", "sectionName": "Law", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.741", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "enforcement agency policies and procedures regarding video and audio recordings; requirements; exceptions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["352.121", "353.125"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "enforcement agency policies and procedures regarding video and audio recordings; requirements; exceptions. (1)(a) A law enforcement agency shall establish policies and procedures for the use, storage and retention of video and audio recordings resulting from the operation of video cameras worn upon a law enforcement officer’s person that record the officer’s interactions with members of the public while the officer is on duty. (b) The policies and procedures described in paragraph (a) of this subsection must include: (A) A requirement that a recording be retained for at least 180 days but no more than 30 months for a recording not related to a court proceeding or ongoing criminal investigation, or for the same period of time that evidence is retained in the normal course of the court’s business for a recording related to a court proceeding. (B) A requirement that a camera worn upon a law enforcement officer’s person be set to record continuously, beginning when the officer develops reasonable suspicion or probable cause to believe that a crime or violation has occurred, is occurring or will occur and the law enforcement officer begins to make contact with the person suspected of committing the offense. The policies and procedures must also require that the camera may subsequently cease recording no sooner than the termination of the officer’s participation in the contact. (C) A requirement that in any contract with a third party vendor for data storage, recordings from the camera are the property of the law enforcement agency, are not owned by the vendor and cannot be used by the vendor for any purpose inconsistent with the policies and procedures of the law enforcement agency. (D) A prohibition on the use of facial recognition or other biometric matching technology to analyze recordings obtained through the use of the camera. (E) A prohibition on the use of any recordings obtained from the camera for any purpose other than a legitimate law enforcement purpose. (c) Notwithstanding paragraph (b)(B) of this subsection, a law enforcement agency may in its policies and procedures provide for exceptions to the recording requirements of paragraph (b)(B) of this subsection, provided that the exceptions are based on reasonable privacy concerns, exigent circumstances or the safety of law enforcement officers or other persons. (2) As used in this section: (a) “Law enforcement agency” means an agency employing law enforcement officers to enforce criminal laws. (b) “Law enforcement officer” means an officer employed to enforce criminal laws by: (A) This state or a municipal government within this state; (B) A political subdivision, agency, department or bureau of the governments described in subparagraph (A) of this paragraph; or (C) A police department established by a university under ORS 352.121 or 353.125. [2015 c.550 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) A law enforcement agency shall establish policies and procedures for the use, storage and retention of video and audio recordings resulting from the operation of video cameras worn upon a law enforcement officer’s person that record the officer’s interactions with members of the public while the officer is on duty.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The policies and procedures described in paragraph (B) of this subsection, a law enforcement agency may in its policies and procedures provide for exceptions to the recording requirements of paragraph (B) of this subsection, provided that the exceptions are based on reasonable privacy concerns, exigent circumstances or the safety of law enforcement officers or other persons.", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection must include:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "A requirement that a recording be retained for at least 180 days but no more than 30 months for a recording not related to a court proceeding or ongoing criminal investigation, or for the same period of time that evidence is retained in the normal course of the court’s business for a recording related to a court proceeding.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A requirement that a camera worn upon a law enforcement officer’s person be set to record continuously, beginning when the officer develops reasonable suspicion or probable cause to believe that a crime or violation has occurred, is occurring or will occur and the law enforcement officer begins to make contact with the person suspected of committing the offense. The policies and procedures must also require that the camera may subsequently cease recording no sooner than the termination of the officer’s participation in the contact.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A requirement that in any contract with a third party vendor for data storage, recordings from the camera are the property of the law enforcement agency, are not owned by the vendor and cannot be used by the vendor for any purpose inconsistent with the policies and procedures of the law enforcement agency.", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "A prohibition on the use of facial recognition or other biometric matching technology to analyze recordings obtained through the use of the camera.", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "A prohibition on the use of any recordings obtained from the camera for any purpose other than a legitimate law enforcement purpose.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Notwithstanding paragraph", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Law enforcement agency” means an agency employing law enforcement officers to enforce criminal laws.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Law enforcement officer” means an officer employed to enforce criminal laws by:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "This state or a municipal government within this state; of this paragraph; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A political subdivision, agency, department or bureau of the governments described in subparagraph", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A police department established by a university under ORS 352.121 or 353.125. [2015 c.550 §1] Note:", "subsections": []}]}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.743", "name": "ORS 133.743", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.743", "sectionName": "ORS 133.743", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.743", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.857", "147.010"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor. (1) Where appearing in ORS 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. The term “executive authority” includes the Governor and any person performing the functions of Governor in a state other than this state, and the term “state,” referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. (2) The Governor may appoint a member of the legal staff of the Governor to act in behalf of the Governor under ORS 133.743 to 133.857 in performing the extradition functions of the Governor. The appointment shall be in writing and be filed with the Secretary of State. [Formerly 147.010; 1983 c.82 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Where appearing in ORS 133.743 to 133.857, the term “Governor” includes any person performing the extradition functions of Governor by authority of an appointment under subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section. The term “executive authority” includes the Governor and any person performing the functions of Governor in a state other than this state, and the term “state,” referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. The Governor may appoint a member of the legal staff of the Governor to act in behalf of the Governor under ORS 133.743 to 133.857 in performing the extradition functions of the Governor. The appointment shall be in writing and be filed with the Secretary of State. [Formerly 147.010; 1983 c.82 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.745", "name": "ORS 133.745", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.745", "sectionName": "ORS 133.745", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.745", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Determination of security requirements to carry out extradition.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.857"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Determination of security requirements to carry out extradition. The Governor shall determine the security requirements necessary to safely carry out the extradition of a person from another state including, but not limited to, the number of agents needed to secure the return of a person under ORS 133.743 to 133.857. [1999 c.867 §12; 2009 c.40 §1] Note:", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.747", "name": "ORS 133.747", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.747", "sectionName": "ORS 133.747", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.747", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Fugitives from other states;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.857", "147.020"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Fugitives from other states; Governor to cause arrest and delivery of criminals. Subject to the qualifications of ORS 133.743 to 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 treason, felony, or other crime, who has fled from justice and is found in this state. [Formerly 147.020]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.750", "name": "ORS 133.750", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.750", "sectionName": "ORS 133.750", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.750", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.155]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.155"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.155]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.753", "name": "Form", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.753", "sectionName": "Form", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.753", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of demand.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of security release, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. [Formerly 147.030; 1999 c.1051 §246]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.755", "name": "ORS 133.755", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.755", "sectionName": "ORS 133.755", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.755", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[1961 c.521 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1961 c.521 §1; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.757", "name": "ORS 133.757", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.757", "sectionName": "ORS 133.757", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.757", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Investigation of demand and report.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.040"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Investigation of demand and report. When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered. [Formerly 147.040]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.760", "name": "ORS 133.760", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.760", "sectionName": "ORS 133.760", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.760", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §140;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.165"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §140; renumbered 135.165]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.763", "name": "Facts", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.763", "sectionName": "Facts", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.763", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "documents must show. A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.767", "133.753", "147.050"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "documents must show. A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that: (1) Except in cases arising under ORS 133.767, the accused, when demanded upon a charge of crime, was present in the demanding state at the time of the commission of the alleged crime and thereafter fled from that state; (2) The person demanded is in this state; and (3) They constitute full compliance with the requirements of ORS 133.753. [Formerly 147.050]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except in cases arising under ORS 133.767, the accused, when demanded upon a charge of crime, was present in the demanding state at the time of the commission of the alleged crime and thereafter fled from that state;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The person demanded is in this state; and", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "They constitute full compliance with the requirements of ORS 133.753. [Formerly 147.050]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.767", "name": ", with having fled from justice, or with having been convicted of a", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.767", "sectionName": ", with having fled from justice, or with having been convicted of a", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.767", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "crime in that state and having escaped from confinement, or having broken the terms of security release, probation or parole, or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any creditable person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under ORS 133.767, has fled therefrom or has been convicted of a crime in that state and escaped from confinement, or has broken the terms o", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.767", "147.130"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "crime in that state and having escaped from confinement, or having broken the terms of security release, probation or parole, or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any creditable person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under ORS 133.767, has fled therefrom or has been convicted of a crime in that state and escaped from confinement, or has broken the terms of security release, probation or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding the peace officer to apprehend the person named therein, wherever the person may be found in this state, and bring the person before the same or any other judge, court or magistrate who may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. [Formerly 147.130; 1999 c.1051 §247]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.770", "name": "ORS 133.770", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.770", "sectionName": "ORS 133.770", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.770", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 136.345]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.345"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 136.345]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.773", "name": "ORS 133.773", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.773", "sectionName": "ORS 133.773", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.773", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Governor’s warrant of arrest.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.070"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Governor’s warrant of arrest. If the Governor shall decide that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner or other person whom the Governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue. [Formerly 147.070]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.777", "name": "and all other procedure incidental to extradition proceedings, by", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.777", "sectionName": "and all other procedure incidental to extradition proceedings, by", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.777", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "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 executed or subscribed by such person it shall be the duty of such judge to inform such person of rights to the issuance and service of a warrant of extradition and to apply for a writ of habeas corpus as provided for in ORS 133.787.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall be deemed to limit the right of the accused person to submit voluntarily to the custody of such agent or agents for return without formality to the demanding state. (c) The waiver procedure described in this section is not an exclusive procedure, nor does it limit the powers, rights or duties of the officers of the demanding state or of this state. (3) Notwithstanding subsection (1) of this section, a law enforcement or corrections agency in this state holding a person who is alleged to have broken the terms of the person"], "ors_citations": ["133.787", "147.253"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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 executed or subscribed by such person it shall be the duty of such judge to inform such person of rights to the issuance and service of a warrant of extradition and to apply for a writ of habeas corpus as provided for in ORS 133.787. (2)(a) If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent. (b) Nothing in this section shall be deemed to limit the right of the accused person to submit voluntarily to the custody of such agent or agents for return without formality to the demanding state. (c) The waiver procedure described in this section is not an exclusive procedure, nor does it limit the powers, rights or duties of the officers of the demanding state or of this state. (3) Notwithstanding subsection (1) of this section, a law enforcement or corrections agency in this state holding a person who is alleged to have broken the terms of the person’s security release, probation, parole or any other release in the demanding state may deliver the person to the duly accredited agent of the demanding state without the requirement of a warrant if: (a) The person has signed a prior waiver of extradition as a term of the person’s current security release, probation, parole or other release in the demanding state; and (b) The law enforcement or corrections agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs, fingerprints or other evidence properly identifying the person as the person who signed the waiver. [Formerly 147.253; 1999 c.1051 §249; 2001 c.230 §1]", "subsections": [{"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Nothing in this section shall be deemed to limit the right of the accused person to submit voluntarily to the custody of such agent or agents for return without formality to the demanding state.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The waiver procedure described in this section is not an exclusive procedure, nor does it limit the powers, rights or duties of the officers of the demanding state or of this state.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}, {"label": "(1)", "token": "1", "kind": "numeric", "text": "of this section, a law enforcement or corrections agency in this state holding a person who is alleged to have broken the terms of the person’s security release, probation, parole or any other release in the demanding state may deliver the person to the duly accredited agent of the demanding state without the requirement of a warrant if:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The person has signed a prior waiver of extradition as a term of the person’s current security release, probation, parole or other release in the demanding state; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The law enforcement or corrections agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs, fingerprints or other evidence properly identifying the person as the person who signed the waiver. [Formerly 147.253; 1999 c.1051 §249; 2001 c.230 §1]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.780", "name": "ORS 133.780", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.780", "sectionName": "ORS 133.780", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.780", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 136.347]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.347"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 136.347]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.783", "name": "ORS 133.783", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.783", "sectionName": "ORS 133.783", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.783", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Authority of arresting officer to command assistance.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.090"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority of arresting officer to command assistance. Every such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance. [Formerly 147.090]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.787", "name": "Rights", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.787", "sectionName": "Rights", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.787", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of arrested person.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.100"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of arrested person. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand legal counsel; and if the prisoner, the friends, or counsel of the prisoner shall state the desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. [Formerly 147.100]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.793", "name": "ORS 133.793", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.793", "sectionName": "ORS 133.793", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.793", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Penalty for disobedience to ORS 133.787.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.787", "147.110"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Penalty for disobedience to ORS 133.787. Any officer who shall deliver to the agent for extradition of the demanding state a person in the custody of the officer under the Governor’s warrant in disobedience to ORS 133.787 commits a Class B misdemeanor. [Formerly 147.110]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.797", "name": "Confinement", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.797", "sectionName": "Confinement", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.797", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of prisoner.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.120"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of prisoner. (1) The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which the officer, person or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of the prisoner is ready to proceed on the route, such person being chargeable with the expense of keeping. (2) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which the officer or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that the officer or agent is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state. [Formerly 147.120]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which the officer, person or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of the prisoner is ready to proceed on the route, such person being chargeable with the expense of keeping.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which the officer or agent may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that the officer or agent is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state. [Formerly 147.120]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.803", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.803", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.803", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "prior to requisition.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "prior to requisition. Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state and, except in cases arising under ORS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.805", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.805", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.805", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "without warrant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.803", "147.140"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "without warrant. The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant, upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in ORS 133.803; and thereafter the answer of the accused shall be heard as if the accused had been arrested on a warrant. [Formerly 147.140]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.807", "name": "ORS 133.807", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.807", "sectionName": "ORS 133.807", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.807", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Commitment to await arrest on requisition.", "citations": {"usc_citations": ["18 U.S.C. 3182"], "public_laws": [], "statutes_at_large": [], "section_references": ["section 2, of the United States Constitution"], "ors_citations": ["133.809", "147.150"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Commitment to await arrest on requisition. If from the initial examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a period of at least 45 days to enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused is released as provided in ORS 133.809, or until the accused shall be legally discharged. The period of time may be extended upon good cause shown demonstrating the need for additional time to allow the executive authority of the state having jurisdiction of the offense to comply with procedural requirements of the Uniform Criminal Extradition Act, 18 U.S.C. 3182, or Article IV, section 2, of the United States Constitution. [Formerly 147.150; 1999 c.553 §1; 2019 c.13 §29]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.809", "name": "ORS 133.809", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.809", "sectionName": "ORS 133.809", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.809", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Release.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.230", "135.290", "147.160"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Release. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must make a release decision concerning the person arrested under ORS 135.230 to 135.290, for the appearance of the person at a time specified in the security release or in the release agreement. [Formerly 147.160]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.810", "name": "ORS 133.810", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.810", "sectionName": "ORS 133.810", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.810", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §141;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.175"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §141; renumbered 135.175]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.813", "name": "ORS 133.813", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.813", "sectionName": "ORS 133.813", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.813", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Proceedings in absence of arrest under executive warrant within specified time.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.809", "147.170"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Proceedings in absence of arrest under executive warrant within specified time. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, security release or release agreement, the judge or magistrate may discharge the accused or may recommit the accused to a further day, or may again set a security release or a release agreement for the appearance and surrender of the accused, as provided in ORS 133.809; and at the expiration of the second period of commitment, or if the accused has been released and appeared according to the terms of the security release or release agreement of the accused, the judge or magistrate either may discharge the accused or may require the accused to enter into a new security release or release agreement to appear and surrender at another day. [Formerly 147.170]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.815", "name": "ORS 133.815", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.815", "sectionName": "ORS 133.815", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.815", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Forfeiture;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.180"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Forfeiture; recovery thereon. If the prisoner is released and fails to appear according to the condition of the security release or release agreement of the prisoner, the court, by proper order, shall declare the security release or release agreement forfeited, and recovery may be had thereon in the name of the state as in the case of other security releases and release agreements given by the accused in criminal proceedings within this state. [Formerly 147.180]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.817", "name": "ORS 133.817", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.817", "sectionName": "ORS 133.817", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.817", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Persons under criminal prosecution in this state at time of requisition.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.190"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Persons under criminal prosecution in this state at time of requisition. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at the discretion of the Governor, either may surrender the person on the demand of the executive authority of another state or may hold the person until the person has been tried and discharged, or convicted and punished in this state. [Formerly 147.190]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.820", "name": "ORS 133.820", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.820", "sectionName": "ORS 133.820", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.820", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §142;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.185"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §142; renumbered 135.185]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.823", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.823", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.823", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "guilt of accused may be inquired into.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.817", "147.200"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "guilt of accused may be inquired into. The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in ORS 133.743 to 133.817, shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. [Formerly 147.200]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.825", "name": "ORS 133.825", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.825", "sectionName": "ORS 133.825", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.825", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Governor may recall warrant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.210"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Governor may recall warrant. The Governor may recall the Governor’s warrant of arrest or may issue another warrant whenever the Governor deems proper. [Formerly 147.210]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.827", "name": "ORS 133.827", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.827", "sectionName": "ORS 133.827", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.827", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Warrant to agent to return fugitive from this state.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.220"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Warrant to agent to return fugitive from this state. Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of security release, probation or parole in this state from the chief executive of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, the Governor shall issue a warrant under the seal of this state to some agent or agents, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed. [Formerly 147.220; 1999 c.1051 §248]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.830", "name": "ORS 133.830", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.830", "sectionName": "ORS 133.830", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.830", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §143;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.195"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §143; renumbered 135.195]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.833", "name": "ORS 133.833", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.833", "sectionName": "ORS 133.833", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.833", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Application for requisition; filing and forwarding of papers.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.230"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Application for requisition; filing and forwarding of papers. (1) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the alleged crime is committed shall present to the Governor written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against the person, the approximate time, place and circumstances of its commission, the state in which the person is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the district attorney the interest of the public in the effective administration of criminal justice requires the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim. (2) When the return to this state is required of a person who has been convicted of or found guilty except for insanity of a crime in this state and who has escaped from confinement or broken the terms of the release, probation or parole of such person, the district attorney of the county in which the offense was committed, the parole board, or the superintendent of the institution or sheriff of the county from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which the person was convicted or found guilty except for insanity, the circumstances of the escape from confinement or of the breach of the terms of release, probation or parole, the state in which the person is believed to be, including the location of the person therein at the time application is made. (3) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The district attorney, parole board, superintendent or sheriff may also attach such further affidavits and other documents in duplicate as the district attorney, parole board, superintendent or sheriff shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by indorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavit, or of the judgment of conviction or of the sentence shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition. [Formerly 147.230; 1985 c.192 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the alleged crime is committed shall present to the Governor written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against the person, the approximate time, place and circumstances of its commission, the state in which the person is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the district attorney the interest of the public in the effective administration of criminal justice requires the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When the return to this state is required of a person who has been convicted of or found guilty except for insanity of a crime in this state and who has escaped from confinement or broken the terms of the release, probation or parole of such person, the district attorney of the county in which the offense was committed, the parole board, or the superintendent of the institution or sheriff of the county from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which the person was convicted or found guilty except for insanity, the circumstances of the escape from confinement or of the breach of the terms of release, probation or parole, the state in which the person is believed to be, including the location of the person therein at the time application is made.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The district attorney, parole board, superintendent or sheriff may also attach such further affidavits and other documents in duplicate as the district attorney, parole board, superintendent or sheriff shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by indorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavit, or of the judgment of conviction or of the sentence shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition. [Formerly 147.230; 1985 c.192 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.835", "name": "ORS 133.835", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.835", "sectionName": "ORS 133.835", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.835", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.857"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against the person in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or the term of sentence of the person in such other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated. (2) The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in ORS 133.743 to 133.857 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. [1973 c.836 §129; 1985 c.565 §13; 2005 c.22 §106]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against the person in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or the term of sentence of the person in such other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in ORS 133.743 to 133.857 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. [1973 c.836 §129; 1985 c.565 §13; 2005 c.22 §106]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.837", "name": "ORS 133.837", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.837", "sectionName": "ORS 133.837", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.837", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Appointment of agent to return fugitive from this state who waives extradition.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.857", "147.235"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Appointment of agent to return fugitive from this state who waives extradition. In the event a fugitive from this state shall waive extradition, an agent or agents to secure the return of the fugitive may be appointed by the district attorney of the county in which the offense was committed, and the account of such agent or agents embracing necessary expenses incurred in performing the service, shall be audited and paid in the same manner as accounts presented under ORS 133.857. [Formerly 147.235]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.839", "name": "ORS 133.839", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.839", "sectionName": "ORS 133.839", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.839", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Immunity from civil process in certain civil cases.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.250"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Immunity from civil process in certain civil cases. A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which the person is being or has been returned, until the person has been convicted in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited. [Formerly 147.250]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.840", "name": "ORS 133.840", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.840", "sectionName": "ORS 133.840", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.840", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §144;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.205"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §144; renumbered 135.205]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.843", "name": "ORS 133.843", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.843", "sectionName": "ORS 133.843", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.843", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Written waiver of extradition proceedings.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.773"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Written waiver of extradition proceedings. (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of security release, probation or parole may waive the issuance and service of the warrant provided for in ORS 133.773 and", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of security release, probation or parole may waive the issuance and service of the warrant provided for in ORS 133.773 and", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.845", "name": "ORS 133.845", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.845", "sectionName": "ORS 133.845", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.845", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Nonwaiver by this state.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.857", "133.843"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Nonwaiver by this state. Nothing contained in ORS 133.743 to 133.857 shall be deemed to constitute a waiver by this state of its right, power or privilege to try a person demanded under ORS 133.843 for any crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings under ORS 133.743 to", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.847", "name": "Trial", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.847", "sectionName": "Trial", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.847", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "of extradited person for other crimes.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.260"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of extradited person for other crimes. After a person has been brought back to this state upon extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specified in the requisition for extradition. [Formerly 147.260]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.850", "name": "ORS 133.850", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.850", "sectionName": "ORS 133.850", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.850", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Renumbered 135.215]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.215"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.215]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.853", "name": "ORS 133.853", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.853", "sectionName": "ORS 133.853", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.853", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Construction of Act.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.833", "133.839", "133.855", "147.270"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Construction of Act. ORS 133.743 to 133.833 and 133.839 to 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. [Formerly 147.270]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.855", "name": "Short", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.855", "sectionName": "Short", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.855", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "title.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.743", "133.833", "133.839", "133.855", "147.280"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "title. ORS 133.743 to 133.833 and 133.839 to 133.855 may be cited as the Uniform Criminal Extradition Act. [Formerly 147.280]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.857", "name": "ORS 133.857", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.857", "sectionName": "ORS 133.857", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.857", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Payment of agent’s expenses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.290"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Payment of agent’s expenses. The account of the agent or agents embracing necessary expenses incurred in performing the service, after approval by the Governor, shall be paid, after being audited and allowed as other claims against the state, from any moneys appropriated therefor. [Formerly 147.290]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.860", "name": "ORS 133.860", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.860", "sectionName": "ORS 133.860", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.860", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "[Amended by 1959 c.638 §14;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.225"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1959 c.638 §14; 1965 c.508 §6; 1973 c.836 §145; renumbered 135.225] ARREST AND RETURN ACCOUNT", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.865", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.865", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.865", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "and Return Account.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["144.605", "161.665", "137.300", "133.743", "133.857", "144.600"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "and Return Account. (1) The Arrest and Return Account is established separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 144.605 and 161.665, moneys allocated to the account under ORS 137.300 and other moneys received by the Governor for the purpose of paying the costs of extraditing defendants. (2) Except as provided in subsection (3) of this section, moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in carrying out the provisions of ORS 133.743 to 133.857. (3) Moneys deposited in the Arrest and Return Account under ORS 144.605 are continuously appropriated to the Governor for the purpose of paying costs incurred in retaking offenders who have transferred supervision under the Interstate Compact for Adult Offender Supervision described in ORS 144.600. [2003 c.615 §3; 2009 c.742 §2; 2011 c.597 §45; 2015 c.198 §3; 2021 c.653 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The Arrest and Return Account is established separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 144.605 and 161.665, moneys allocated to the account under ORS 137.300 and other moneys received by the Governor for the purpose of paying the costs of extraditing defendants.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Except as provided in subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "of this section, moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in carrying out the provisions of ORS 133.743 to 133.857. Moneys deposited in the Arrest and Return Account under ORS 144.605 are continuously appropriated to the Governor for the purpose of paying costs incurred in retaking offenders who have transferred supervision under the Interstate Compact for Adult Offender Supervision described in ORS 144.600. [2003 c.615 §3; 2009 c.742 §2; 2011 c.597 §45; 2015 c.198 §3; 2021 c.653 §2] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.870", "name": "ORS 133.870", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.870", "sectionName": "ORS 133.870", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.870", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Release of booking photo by law enforcement agency.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["192.311", "192.478", "703.430", "131.915"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Release of booking photo by law enforcement agency. (1) Notwithstanding ORS 192.311 to 192.478, a law enforcement agency may not release a booking photo except as provided in subsection (2) of this section. (2) A law enforcement agency may release a booking photo described in subsection (1) of this section: (a) To the person depicted in the booking photo; (b) To another law enforcement agency, or to a law enforcement officer employed by another law enforcement agency, for a law enforcement purpose; (c) To the public, if the law enforcement agency determines that there is a law enforcement purpose for the release, including but not limited to assistance with the apprehension of a fugitive or a suspect in a criminal investigation, or the identification of additional criminal activity; (d) To a state mental hospital upon the admission to the hospital of the person depicted in the booking photo; (e) To a party in a criminal proceeding resulting from the arrest during which the booking photo was obtained; (f) To the victim of the offense for which the person depicted in the booking photo was arrested; (g) To the court, if the booking photo is part of a pretrial release report or is provided to the court as part of the pretrial release process for the purposes of confirming the identity of a defendant; (h) To an investigator licensed under ORS 703.430; or (i) Upon the conviction of the person depicted in the booking photo, if the conviction results from the arrest during which the booking photo was obtained. (3) As used in this section: (a) “Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody. (b) “Law enforcement agency” has the meaning given that term in ORS 131.915. (c) “Law enforcement officer” means an officer, deputy, member or employee of a law enforcement agency. [2021 c.374 §1; 2021 c.643 §8; 2025 c.95 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Notwithstanding ORS 192.311 to 192.478, a law enforcement agency may not release a booking photo except as provided in subsection of this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "To the person depicted in the booking photo;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "To another law enforcement agency, or to a law enforcement officer employed by another law enforcement agency, for a law enforcement purpose;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "To the public, if the law enforcement agency determines that there is a law enforcement purpose for the release, including but not limited to assistance with the apprehension of a fugitive or a suspect in a criminal investigation, or the identification of additional criminal activity;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "To a state mental hospital upon the admission to the hospital of the person depicted in the booking photo;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "To a party in a criminal proceeding resulting from the arrest during which the booking photo was obtained;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "To the victim of the offense for which the person depicted in the booking photo was arrested;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "To the court, if the booking photo is part of a pretrial release report or is provided to the court as part of the pretrial release process for the purposes of confirming the identity of a defendant;", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "To an investigator licensed under ORS 703.430; or", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "Upon the conviction of the person depicted in the booking photo, if the conviction results from the arrest during which the booking photo was obtained.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section. A law enforcement agency may release a booking photo described in subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Law enforcement agency” has the meaning given that term in ORS 131.915.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Law enforcement officer” means an officer, deputy, member or employee of a law enforcement agency. [2021 c.374 §1; 2021 c.643 §8; 2025 c.95 §1] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 133.875", "name": "ORS 133.875", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-133"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "133", "titleName": "ORS Chapter 133", "chapterNumber": "133", "chapterName": null, "sectionNumber": "133.875", "sectionName": "ORS 133.875", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors133.html#section-133.875", "chapter": {"chapter_label": "133", "chapter_name": "ORS Chapter 133", "chapter_inferred": true}, "preamble": "Removal of booking photo from publication or website; liability.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["164.085", "133.870"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Removal of booking photo from publication or website; liability. (1) Except as provided in subsection (2) of this section: (a) A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within 30 calendar days of the date of the request. (b) A publish-for-pay publication may not condition the removal or destruction of a booking photo on the payment of a fee of more than $50. (c) If the publish-for-pay publication does not remove and destroy a booking photo as required by this subsection, the publish-for-pay publication is liable for: (A) All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and (B) Statutory damages of $500 per day for each day after the 30-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication. (2)(a) A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within seven calendar days of the date of the request if: (A) The booking photo relates to a criminal charge for which the person was acquitted or not prosecuted, or to a criminal charge resulting a criminal conviction that has been set aside, vacated or pardoned; and (B) The person submits to the publish-for-pay publication documentation of a disposition described in subparagraph (A) of this paragraph. (b) A publish-for-pay publication may not condition the removal or destruction of a booking photo described in this subsection on the payment of any fee or other consideration. (c) If the publish-for-pay publication that receives a request described in paragraph (a) of this subsection does not remove and destroy the booking photo as required by this subsection, the publish-for-pay publication is liable for: (A) All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and (B) Statutory damages of $1,000 per day for each day after the seven-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication. (d) An act by a publish-for-pay publication seeking to condition removal or destruction of a booking photo described in this subsection on the payment of any fee may be prosecuted as theft by deception under ORS 164.085. (3) As used in this section: (a) “Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody. (b) “Publish-for-pay publication” means a publication or website that requires the payment of a fee or other consideration in order to remove or delete a booking photo from the publication or website. [2021 c.374 §2] Note: See note under 133.870.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section: (a) A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within seven calendar days of the date of the request if:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within 30 calendar days of the date of the request. of this subsection does not remove and destroy the booking photo as required by this subsection, the publish-for-pay publication is liable for:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Statutory damages of $1,000 per day for each day after the seven-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A publish-for-pay publication may not condition the removal or destruction of a booking photo on the payment of a fee of more than $50. A publish-for-pay publication may not condition the removal or destruction of a booking photo described in this subsection on the payment of any fee or other consideration.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the publish-for-pay publication does not remove and destroy a booking photo as required by this subsection, the publish-for-pay publication is liable for: If the publish-for-pay publication that receives a request described in paragraph", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Statutory damages of $500 per day for each day after the 30-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.", "subsections": []}]}, {"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The booking photo relates to a criminal charge for which the person was acquitted or not prosecuted, or to a criminal charge resulting a criminal conviction that has been set aside, vacated or pardoned; and of this paragraph.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The person submits to the publish-for-pay publication documentation of a disposition described in subparagraph", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "An act by a publish-for-pay publication seeking to condition removal or destruction of a booking photo described in this subsection on the payment of any fee may be prosecuted as theft by deception under ORS 164.085.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Publish-for-pay publication” means a publication or website that requires the payment of a fee or other consideration in order to remove or delete a booking photo from the publication or website. [2021 c.374 §2] Note: See note under 133.870.", "subsections": []}]}], "parser_warnings": []}
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+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 134.605", "name": "ORS 134.605", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-134"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "134", "titleName": "ORS Chapter 134", "chapterNumber": "134", "chapterName": null, "sectionNumber": "134.605", "sectionName": "ORS 134.605", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors134.html#section-134.605", "chapter": {"chapter_label": "134", "chapter_name": "ORS Chapter 134", "chapter_inferred": true}, "preamble": "[1969 c.362 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.775"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.362 §1; 1973 c.836 §212; renumbered 135.775]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 134.615", "name": "ORS 134.615", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-134"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "134", "titleName": "ORS Chapter 134", "chapterNumber": "134", "chapterName": null, "sectionNumber": "134.615", "sectionName": "ORS 134.615", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors134.html#section-134.615", "chapter": {"chapter_label": "134", "chapter_name": "ORS Chapter 134", "chapter_inferred": true}, "preamble": "[1969 c.362 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.777"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.362 §2; renumbered 135.777]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 134.625", "name": "ORS 134.625", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-134"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "134", "titleName": "ORS Chapter 134", "chapterNumber": "134", "chapterName": null, "sectionNumber": "134.625", "sectionName": "ORS 134.625", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors134.html#section-134.625", "chapter": {"chapter_label": "134", "chapter_name": "ORS Chapter 134", "chapter_inferred": true}, "preamble": "[1969 c.362 §3;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.779"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.362 §3; renumbered 135.779]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 134.635", "name": "ORS 134.635", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-134"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "134", "titleName": "ORS Chapter 134", "chapterNumber": "134", "chapterName": null, "sectionNumber": "134.635", "sectionName": "ORS 134.635", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors134.html#section-134.635", "chapter": {"chapter_label": "134", "chapter_name": "ORS Chapter 134", "chapter_inferred": true}, "preamble": "[1969 c.362 §4;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.783"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.362 §4; renumbered 135.783]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 134.645", "name": "ORS 134.645", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-134"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "134", "titleName": "ORS Chapter 134", "chapterNumber": "134", "chapterName": null, "sectionNumber": "134.645", "sectionName": "ORS 134.645", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors134.html#section-134.645", "chapter": {"chapter_label": "134", "chapter_name": "ORS Chapter 134", "chapter_inferred": true}, "preamble": "[1969 c.362 §5;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.785"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.362 §5; renumbered 135.785]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 134.655", "name": "ORS 134.655", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-134"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "134", "titleName": "ORS Chapter 134", "chapterNumber": "134", "chapterName": null, "sectionNumber": "134.655", "sectionName": "ORS 134.655", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors134.html#section-134.655", "chapter": {"chapter_label": "134", "chapter_name": "ORS Chapter 134", "chapter_inferred": true}, "preamble": "[1969 c.362 §6;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.787"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.362 §6; renumbered 135.787]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 134.665", "name": "ORS 134.665", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-134"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "134", "titleName": "ORS Chapter 134", "chapterNumber": "134", "chapterName": null, "sectionNumber": "134.665", "sectionName": "ORS 134.665", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors134.html#section-134.665", "chapter": {"chapter_label": "134", "chapter_name": "ORS Chapter 134", "chapter_inferred": true}, "preamble": "[1969 c.362 §7;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.789"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.362 §7; renumbered 135.789]_ ______________", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.010", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.010", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.010", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "and place.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.030", "133.060"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "and place. When the accusatory instrument has been filed, and if the defendant has been arrested, or as soon thereafter as the defendant may be arrested, the defendant shall be arraigned thereon as provided in ORS 135.030 before the court in which it is found. Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignment shall be held during the first 36 hours of custody, excluding holidays, Saturdays and Sundays. In all other cases, except as provided for in ORS 133.060, the arraignment shall be held within 96 hours after the arrest. [Amended by 1973 c.836 §130; 1983 c.344 §1; 1983 c.661 §12]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.020", "name": "Scope", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.020", "sectionName": "Scope", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.020", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of proceedings.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of proceedings. The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as provided in ORS 135.030. The arraignment consists of reading the accusatory instrument to the defendant, causing delivery to the defendant of a copy thereof and indorsements thereon, including the list of witnesses indorsed on it or appended thereto if the accusatory instrument is an indictment, asking the defendant how the defendant pleads to the charge. [Amended by 1973 c.836 §131; 1983 c.344 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.030", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.030", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.030", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "presence of defendant is required; appearance by counsel.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.045"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "presence of defendant is required; appearance by counsel. (1) When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment. (2) When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel. (3) The court may require a defendant to appear at the arraignment by simultaneous electronic transmission as provided in ORS 131.045 without the agreement of the state or defendant if the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The court may require a defendant to appear at the arraignment by simultaneous electronic transmission as provided in ORS 131.045 without the agreement of the state or defendant if the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.035", "name": "ORS 135.035", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.035", "sectionName": "ORS 135.035", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.035", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Bringing in defendant not yet arrested or held to answer.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.110", "135.140"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Bringing in defendant not yet arrested or held to answer. When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110. [Formerly 135.140]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.037", "name": "ORS 135.037", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.037", "sectionName": "ORS 135.037", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.037", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Omnibus hearing; when held; subject; ruling of court; counsel required.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Omnibus hearing; when held; subject; ruling of court; counsel required. (1) At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing. (2) The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues: (a) Suppression of evidence. (b) Challenges to identification procedures used by the prosecution. (c) Challenges to voluntariness of admissions or confession. (d) Challenges to the accusatory instrument. (3) The court, at the time of the omnibus hearing, may also consider any matters that will facilitate trial by avoiding unnecessary proof or by simplifying the issues to be tried, or that are otherwise appropriate under the circumstances to facilitate disposition of the proceeding. (4) At the conclusion of the hearing and prior to trial the court shall prepare and file an order setting forth all rulings of the court on issues raised under subsection (2) of this section. The court shall further prepare and file a memorandum of other matters agreed upon at the hearing. Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, admissions made by the defendant or the attorney of the defendant at the hearing may not be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney. (5) This section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel. [1973 c.550 §2; 2009 c.11 §9] (Counsel; Name Used)", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues: of this section. The court shall further prepare and file a memorandum of other matters agreed upon at the hearing. Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, admissions made by the defendant or the attorney of the defendant at the hearing may not be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Suppression of evidence.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Challenges to identification procedures used by the prosecution.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Challenges to voluntariness of admissions or confession.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Challenges to the accusatory instrument.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The court, at the time of the omnibus hearing, may also consider any matters that will facilitate trial by avoiding unnecessary proof or by simplifying the issues to be tried, or that are otherwise appropriate under the circumstances to facilitate disposition of the proceeding.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "At the conclusion of the hearing and prior to trial the court shall prepare and file an order setting forth all rulings of the court on issues raised under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "This section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel. [1973 c.550 §2; 2009 c.11 §9] (Counsel; Name Used)", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.040", "name": "Right", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.040", "sectionName": "Right", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.040", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "to counsel.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.310"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to counsel. If the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is the right of the defendant to have counsel before being arraigned and shall be asked if the defendant desires the aid of counsel. [Formerly 135.310]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.045", "name": "Court", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.045", "sectionName": "Court", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.045", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "appointment of counsel; waiver of counsel; appointment of legal advisor.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section is subject to ORS"], "ors_citations": ["135.050"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "appointment of counsel; waiver of counsel; appointment of legal advisor. (1)(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel. (b) If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050, shall appoint counsel to represent the defendant. (c) If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense. (d) If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and may, in accordance with ORS 135.050, appoint an attorney as the defendant’s legal advisor. (2) Appointment of counsel, including a legal advisor, under this section is subject to ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) If the defendant in a criminal action appears without counsel at arraignment or thereafter, the court shall determine whether the defendant wishes to be represented by counsel.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the defendant does wish to be represented by counsel, the court, in accordance with ORS 135.050, shall appoint counsel to represent the defendant.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the defendant wishes to waive counsel, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall accept the waiver of counsel if the defendant is not charged with a capital offense. The court may decline to accept the waiver of counsel if the defendant is charged with a capital offense.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "If the court accepts a defendant’s waiver of counsel, the court may allow an attorney to serve as the defendant’s legal advisor and may, in accordance with ORS 135.050, appoint an attorney as the defendant’s legal advisor.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Appointment of counsel, including a legal advisor, under this section is subject to ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.050", "name": "ORS 135.050", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.050", "sectionName": "ORS 135.050", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.050", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Eligibility for court-appointed counsel; financial statement; termination; civil liability.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall include, but not be limited to", "section and who is before a court on any of the following matters", "section shall continue during all criminal proceedings resulting from the defendant", "section for legal assistance. (10) The civil proceeding shall be subject to the exemptions from execution as provided for by law. (11) As used in this section unless the context requires otherwise"], "ors_citations": ["151.485", "151.216", "151.225", "151.487", "475.896", "135.045", "133.625"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Eligibility for court-appointed counsel; financial statement; termination; civil liability. (1) Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if: (a) The defendant is before a court on a matter described in subsection (5) of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d) It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family. (2) Suitable counsel for a defendant shall be appointed by a circuit court if: (a) The defendant is before the court on a matter described in subsection (5) of this section; (b) The defendant requests aid of counsel; (c) The defendant provides to the court a written and verified financial statement; and (d)(A) The defendant is determined to be financially eligible under ORS 151.485 and the standards established by the Oregon Public Defense Commission under ORS 151.216; or (B) The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission. (3) Appointed counsel may not be denied to any defendant merely because the defendant’s friends or relatives have resources adequate to retain counsel or because the defendant has deposited or is capable of depositing security for release. However, appointed counsel may be denied to a defendant if the defendant’s spouse has adequate resources which the court determines should be made available to retain counsel. (4) The defendant’s financial statement under subsection (1) or (2) of this section shall include, but not be limited to: (a) A list of bank accounts in the name of defendant or defendant’s spouse, and the balance in each; (b) A list of defendant’s interests in real property and those of defendant’s spouse; (c) A list of automobiles and other personal property of significant value belonging to defendant or defendant’s spouse; (d) A list of debts in the name of defendant or defendant’s spouse, and the total of each; and (e) A record of earnings and other sources of income in the name of defendant or defendant’s spouse, and the total of each. (5) Counsel must be appointed for a defendant who meets the requirements of subsection (1) or (2) of this section and who is before a court on any of the following matters: (a) Charged with a crime. (b) For a hearing to determine whether an enhanced sentence should be imposed when such proceedings may result in the imposition of a felony sentence. (c) For extradition proceedings under the provisions of the Uniform Criminal Extradition Act. (d) For any proceeding concerning an order of probation, including but not limited to the revoking or amending thereof. (6) Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from the defendant’s arrest through acquittal or the imposition of punishment. The court having jurisdiction of the case may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission under ORS 151.216. (7) If, at any time after the appointment of counsel, the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If, at any time during criminal proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section. (8)(a) Except as provided in paragraph (b) of this subsection, the court may order the defendant in a circuit court to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs of determining the eligibility of the defendant for appointed counsel and the costs of the legal and other services that are related to the provision of appointed counsel under ORS 151.487. (b) A court may not enter an order described in paragraph (a) of this subsection when the defendant is charged only with unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896. (9) In addition to any criminal prosecution, a civil proceeding may be initiated by any public body which has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified in accordance with subsection (1) or (2) of this section for legal assistance. (10) The civil proceeding shall be subject to the exemptions from execution as provided for by law. (11) As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [Formerly 133.625; 1981 c.3 §118; 1985 c.710 §1; 1989 c.1053 §1b; 1997 c.761 §8; 2001 c.472 §4; 2001 c.962 §25; 2003 c.449 §49; 2012 c.107 §41; 2023 c.281 §25; 2024 c.70 §56]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Suitable counsel for a defendant shall be appointed by a municipal, county or justice court if:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The defendant is before a court on a matter described in subsection", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "of this section; Counsel must be appointed for a defendant who meets the requirements of subsection", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The defendant requests aid of counsel;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The defendant provides to the court a written and verified financial statement; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "It appears to the court that the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family. (A) The defendant is determined to be financially eligible under ORS 151.485 and the standards established by the Oregon Public Defense Commission under ORS 151.216; or", "subsections": [{"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The court finds, on the record, substantial and compelling reasons why the defendant is financially unable to retain adequate representation without substantial hardship in providing basic economic necessities to the defendant or the defendant’s dependent family despite the fact that the defendant does not meet the financial eligibility standards established by the commission.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Suitable counsel for a defendant shall be appointed by a circuit court if: of this section shall include, but not be limited to: of this section and who is before a court on any of the following matters: of this section for legal assistance.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The defendant is before the court on a matter described in subsection A list of bank accounts in the name of defendant or defendant’s spouse, and the balance in each; Charged with a crime.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A list of defendant’s interests in real property and those of defendant’s spouse; For a hearing to determine whether an enhanced sentence should be imposed when such proceedings may result in the imposition of a felony sentence.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A list of automobiles and other personal property of significant value belonging to defendant or defendant’s spouse; For extradition proceedings under the provisions of the Uniform Criminal Extradition Act.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "A list of debts in the name of defendant or defendant’s spouse, and the total of each; and For any proceeding concerning an order of probation, including but not limited to the revoking or amending thereof.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A record of earnings and other sources of income in the name of defendant or defendant’s spouse, and the total of each.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Appointed counsel may not be denied to any defendant merely because the defendant’s friends or relatives have resources adequate to retain counsel or because the defendant has deposited or is capable of depositing security for release. However, appointed counsel may be denied to a defendant if the defendant’s spouse has adequate resources which the court determines should be made available to retain counsel.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The defendant’s financial statement under subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from the defendant’s arrest through acquittal or the imposition of punishment. The court having jurisdiction of the case may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Oregon Public Defense Commission under ORS 151.216.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "If, at any time after the appointment of counsel, the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If, at any time during criminal proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "(a) Except as provided in paragraph", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "of this subsection, the court may order the defendant in a circuit court to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs of determining the eligibility of the defendant for appointed counsel and the costs of the legal and other services that are related to the provision of appointed counsel under ORS 151.487. A court may not enter an order described in paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection when the defendant is charged only with unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896.", "subsections": []}]}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "In addition to any criminal prosecution, a civil proceeding may be initiated by any public body which has expended moneys for the defendant’s legal assistance within two years of judgment if the defendant was not qualified in accordance with subsection", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "The civil proceeding shall be subject to the exemptions from execution as provided for by law.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [Formerly 133.625; 1981 c.3 §118; 1985 c.710 §1; 1989 c.1053 §1b; 1997 c.761 §8; 2001 c.472 §4; 2001 c.962 §25; 2003 c.449 §49; 2012 c.107 §41; 2023 c.281 §25; 2024 c.70 §56]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.053", "name": "ORS 135.053", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.053", "sectionName": "ORS 135.053", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.053", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1979 c.806 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1979 c.806 §1; 1981 s.s. c.3 §124; repealed by 1985 c.502 §28]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.055", "name": "ORS 135.055", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.055", "sectionName": "ORS 135.055", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.055", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Compensation and expenses of appointed counsel.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section to payment for fees and expenses in circuit court is subject to the policies, procedures, standards and guidelines adopted under ORS 151.216. Entitlement to payment of fees and expenses subject to a preauthorization requirement is dependent upon obtaining preauthorization from the court, if the case is in county or justice court, or from the executive director of the Oregon Public Defense Commission, if the case is in circuit court, except as otherwise provided in paragraph (c) of this subsection and in the policies, procedures, standards and guidelines adopted under ORS 151.216. Fees and expenses shall be paid", "section must be submitted to the court by counsel or other providers and are subject to the review of the court. The court shall certify that such amount is fair reimbursement for fees and expenses for representation in the case as provided in subsection (6) of this section. Upon certification and any verification as provided under subsection (6) of this section, the amount of the fees and expenses approved by the court and not already paid shall be paid by the county. (6) In a county or justice court, the court shall certify to the administrative authority responsible for paying fees and expenses under this section that the amount for payment is reasonable and that the amount is properly payable out of public funds. (7) In a circuit court, the total fees and expenses payable under this section must be submitted to and are subject to review by the executive director of the Oregon Public Defense Commission. The executive director of the commission shall determine whether the amount is necessary, reasonable and properly payable from public funds for fees and expenses for representation in the case as provided by the policies, procedures, standards and guidelines of the commission. The executive director of the commission shall pay the amount of the fees and expenses determined necessary, reasonable and properly payable out of public funds. The court shall provide any information identified and requested by the executive director of the commission as needed for audit, statistical or any other purpose pertinent to ensure the proper disbursement of state funds or pertinent to the provision of appointed counsel compensated at state expense. (8) If the executive director of the Oregon Public Defense Commission denies, in whole or in part, fees and expenses submitted for review and payment, the person who submitted the payment request may appeal the decision to the presiding judge of the circuit court. The presiding judge or the designee of the presiding judge shall review the executive director", "section unless the context requires otherwise"], "ors_citations": ["135.045", "135.050", "151.216", "135.330"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Compensation and expenses of appointed counsel. (1) Counsel appointed pursuant to ORS 135.045 or 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. (b) By the executive director of the Oregon Public Defense Commission from funds available for the purpose, in a proceeding in a circuit court. (2) Except for counsel appointed pursuant to contracts or counsel employed by the Oregon Public Defense Commission, compensation payable to appointed counsel under subsection (1) of this section: (a) In a proceeding in a county or justice court may not be less than $30 per hour. (b) In a proceeding in a circuit court is subject to the applicable compensation established under ORS 151.216. (3)(a) A person determined to be eligible for appointed counsel is entitled to necessary and reasonable fees and expenses for investigation, preparation and presentation of the case for trial, negotiation and sentencing. The person or the counsel for the person shall upon written request secure preauthorization to incur fees and expenses that are necessary and reasonable in the investigation, preparation and presentation of the case and that require preauthorization under a policy of the Oregon Public Defense Commission, including but not limited to travel, photocopying or other reproduction of documents, necessary costs associated with obtaining the attendance of witnesses for the defense, investigator fees and expenses, expert witness fees and expenses and fees for interpreters and assistive communication devices necessary for the purpose of communication between counsel and a client or witness in the case. Preauthorization to incur a fee or expense does not guarantee that a fee or expense incurred pursuant to the preauthorization will be determined to be necessary or reasonable when the fee or expense is submitted for payment. (b) In a county or justice court, the request must be in the form of a motion to the court. The motion must be accompanied by a supporting affidavit that sets out in detail the purpose of the requested expenditure, the name of the service provider or other recipient of the funds, the dollar amount of the requested expenditure that may not be exceeded without additional authorization and the date or dates during which the service will be rendered or events will occur for which the expenditure is requested. (c) In a circuit court, the request must be in the form and contain the information that is required by the policies, procedures, standards and guidelines of the Oregon Public Defense Commission. If the executive director of the commission denies a request for preauthorization to incur fees and expenses subject to a preauthorization requirement, the person making the request may appeal the decision to the presiding judge of the circuit court. The presiding judge has final authority to preauthorize incurring fees and expenses under this paragraph. (d) Entitlement under subsection (7) of this section to payment for fees and expenses in circuit court is subject to the policies, procedures, standards and guidelines adopted under ORS 151.216. Entitlement to payment of fees and expenses subject to a preauthorization requirement is dependent upon obtaining preauthorization from the court, if the case is in county or justice court, or from the executive director of the Oregon Public Defense Commission, if the case is in circuit court, except as otherwise provided in paragraph (c) of this subsection and in the policies, procedures, standards and guidelines adopted under ORS 151.216. Fees and expenses shall be paid: (A) By the county, in respect to a proceeding in a county or justice court. (B) By the executive director of the commission from funds available for the purpose, in respect to a proceeding in a circuit court. (C) By the city, in respect to a proceeding in municipal court. (4) Upon completion of all services by the counsel of a person determined to be eligible for appointed counsel, the counsel shall submit a statement of all necessary and reasonable fees and expenses of investigation, preparation and presentation and, if counsel was appointed by the court, a statement of all necessary and reasonable fees and expenses for legal representation, supported by appropriate receipts or vouchers and certified by the counsel to be true and accurate. (5) In a county or justice court, the total fees and expenses payable under this section must be submitted to the court by counsel or other providers and are subject to the review of the court. The court shall certify that such amount is fair reimbursement for fees and expenses for representation in the case as provided in subsection (6) of this section. Upon certification and any verification as provided under subsection (6) of this section, the amount of the fees and expenses approved by the court and not already paid shall be paid by the county. (6) In a county or justice court, the court shall certify to the administrative authority responsible for paying fees and expenses under this section that the amount for payment is reasonable and that the amount is properly payable out of public funds. (7) In a circuit court, the total fees and expenses payable under this section must be submitted to and are subject to review by the executive director of the Oregon Public Defense Commission. The executive director of the commission shall determine whether the amount is necessary, reasonable and properly payable from public funds for fees and expenses for representation in the case as provided by the policies, procedures, standards and guidelines of the commission. The executive director of the commission shall pay the amount of the fees and expenses determined necessary, reasonable and properly payable out of public funds. The court shall provide any information identified and requested by the executive director of the commission as needed for audit, statistical or any other purpose pertinent to ensure the proper disbursement of state funds or pertinent to the provision of appointed counsel compensated at state expense. (8) If the executive director of the Oregon Public Defense Commission denies, in whole or in part, fees and expenses submitted for review and payment, the person who submitted the payment request may appeal the decision to the presiding judge of the circuit court. The presiding judge or the designee of the presiding judge shall review the executive director’s decision for abuse of discretion. The decision of the presiding judge or the designee of the presiding judge is final. (9) The following may not be disclosed to the district attorney prior to the conclusion of a case: (a) Requests and administrative or court orders for preauthorization to incur fees and expenses subject to a preauthorization requirement in the investigation, preparation and presentation of the case; and (b) Billings for such fees and expenses submitted by counsel or other providers. (10) Notwithstanding subsection (9) of this section, the total amount of moneys determined to be necessary and reasonable for fees and expenses subject to a preauthorization requirement may be disclosed to the district attorney at the conclusion of the trial in the circuit court. (11) As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [Formerly 135.330; 1979 c.867 §1; 1981 s.s. c.3 §§122,123; 1985 c.502 §19; 1985 c.710 §2; 1987 c.606 §4; 1987 c.803 §§14,14a; 1989 c.1053 §2; 1991 c.724 §25; 1991 c.750 §8; 1993 c.33 §297; 1995 c.677 §1; 1995 c.781 §39; 1997 c.761 §9; 1999 c.163 §8; 1999 c.583 §1; 2001 c.962 §§26,107; 2003 c.449 §§5,43; 2023 c.281 §7]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Counsel appointed pursuant to ORS 135.045 or 135.050 shall be paid fair compensation for representation in the case: of this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "By the county, subject to the approval of the governing body of the county, in a proceeding in a county or justice court. In a proceeding in a county or justice court may not be less than $30 per hour.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "By the executive director of the Oregon Public Defense Commission from funds available for the purpose, in a proceeding in a circuit court. In a proceeding in a circuit court is subject to the applicable compensation established under ORS 151.216.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Except for counsel appointed pursuant to contracts or counsel employed by the Oregon Public Defense Commission, compensation payable to appointed counsel under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) A person determined to be eligible for appointed counsel is entitled to necessary and reasonable fees and expenses for investigation, preparation and presentation of the case for trial, negotiation and sentencing. The person or the counsel for the person shall upon written request secure preauthorization to incur fees and expenses that are necessary and reasonable in the investigation, preparation and presentation of the case and that require preauthorization under a policy of the Oregon Public Defense Commission, including but not limited to travel, photocopying or other reproduction of documents, necessary costs associated with obtaining the attendance of witnesses for the defense, investigator fees and expenses, expert witness fees and expenses and fees for interpreters and assistive communication devices necessary for the purpose of communication between counsel and a client or witness in the case. Preauthorization to incur a fee or expense does not guarantee that a fee or expense incurred pursuant to the preauthorization will be determined to be necessary or reasonable when the fee or expense is submitted for payment.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "In a county or justice court, the request must be in the form of a motion to the court. The motion must be accompanied by a supporting affidavit that sets out in detail the purpose of the requested expenditure, the name of the service provider or other recipient of the funds, the dollar amount of the requested expenditure that may not be exceeded without additional authorization and the date or dates during which the service will be rendered or events will occur for which the expenditure is requested.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "In a circuit court, the request must be in the form and contain the information that is required by the policies, procedures, standards and guidelines of the Oregon Public Defense Commission. If the executive director of the commission denies a request for preauthorization to incur fees and expenses subject to a preauthorization requirement, the person making the request may appeal the decision to the presiding judge of the circuit court. The presiding judge has final authority to preauthorize incurring fees and expenses under this paragraph.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Entitlement under subsection", "subsections": []}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "of this section to payment for fees and expenses in circuit court is subject to the policies, procedures, standards and guidelines adopted under ORS 151.216. Entitlement to payment of fees and expenses subject to a preauthorization requirement is dependent upon obtaining preauthorization from the court, if the case is in county or justice court, or from the executive director of the Oregon Public Defense Commission, if the case is in circuit court, except as otherwise provided in paragraph In a circuit court, the total fees and expenses payable under this section must be submitted to and are subject to review by the executive director of the Oregon Public Defense Commission. The executive director of the commission shall determine whether the amount is necessary, reasonable and properly payable from public funds for fees and expenses for representation in the case as provided by the policies, procedures, standards and guidelines of the commission. The executive director of the commission shall pay the amount of the fees and expenses determined necessary, reasonable and properly payable out of public funds. The court shall provide any information identified and requested by the executive director of the commission as needed for audit, statistical or any other purpose pertinent to ensure the proper disbursement of state funds or pertinent to the provision of appointed counsel compensated at state expense.", "subsections": [{"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "of this subsection and in the policies, procedures, standards and guidelines adopted under ORS 151.216. Fees and expenses shall be paid:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "By the county, in respect to a proceeding in a county or justice court.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "By the executive director of the commission from funds available for the purpose, in respect to a proceeding in a circuit court.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "By the city, in respect to a proceeding in municipal court.", "subsections": []}]}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Upon completion of all services by the counsel of a person determined to be eligible for appointed counsel, the counsel shall submit a statement of all necessary and reasonable fees and expenses of investigation, preparation and presentation and, if counsel was appointed by the court, a statement of all necessary and reasonable fees and expenses for legal representation, supported by appropriate receipts or vouchers and certified by the counsel to be true and accurate.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "In a county or justice court, the total fees and expenses payable under this section must be submitted to the court by counsel or other providers and are subject to the review of the court. The court shall certify that such amount is fair reimbursement for fees and expenses for representation in the case as provided in subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "of this section. Upon certification and any verification as provided under subsection of this section, the amount of the fees and expenses approved by the court and not already paid shall be paid by the county. In a county or justice court, the court shall certify to the administrative authority responsible for paying fees and expenses under this section that the amount for payment is reasonable and that the amount is properly payable out of public funds.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "If the executive director of the Oregon Public Defense Commission denies, in whole or in part, fees and expenses submitted for review and payment, the person who submitted the payment request may appeal the decision to the presiding judge of the circuit court. The presiding judge or the designee of the presiding judge shall review the executive director’s decision for abuse of discretion. The decision of the presiding judge or the designee of the presiding judge is final.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "The following may not be disclosed to the district attorney prior to the conclusion of a case: of this section, the total amount of moneys determined to be necessary and reasonable for fees and expenses subject to a preauthorization requirement may be disclosed to the district attorney at the conclusion of the trial in the circuit court.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Requests and administrative or court orders for preauthorization to incur fees and expenses subject to a preauthorization requirement in the investigation, preparation and presentation of the case; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Billings for such fees and expenses submitted by counsel or other providers.", "subsections": []}]}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "As used in this section unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [Formerly 135.330; 1979 c.867 §1; 1981 s.s. c.3 §§122,123; 1985 c.502 §19; 1985 c.710 §2; 1987 c.606 §4; 1987 c.803 §§14,14a; 1989 c.1053 §2; 1991 c.724 §25; 1991 c.750 §8; 1993 c.33 §297; 1995 c.677 §1; 1995 c.781 §39; 1997 c.761 §9; 1999 c.163 §8; 1999 c.583 §1; 2001 c.962 §§26,107; 2003 c.449 §§5,43; 2023 c.281 §7]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.060", "name": "ORS 135.060", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.060", "sectionName": "ORS 135.060", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.060", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section or ORS"], "ors_citations": ["135.265"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Informing defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment. (1) When the defendant is arraigned, the defendant shall be informed that: (a) If the name by which the defendant is charged in the accusatory instrument is not the true name of the defendant the defendant must then declare the true name; and (b) If the defendant does not declare the true name as required by paragraph (a) of this subsection, the defendant is ineligible for any form of release other than a security release under ORS 135.265. (2) The defendant or the attorney for the defendant may acknowledge the true name of the defendant at arraignment and the acknowledgment may not be used against the defendant at trial on the underlying charge or any other criminal charge or fugitive complaint except that: (a) The use of different names can be used in determining the defendant’s release status if the defendant has used different names in different proceedings; and (b) A defendant who intentionally falsifies the defendant’s name under this section or ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When the defendant is arraigned, the defendant shall be informed that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If the name by which the defendant is charged in the accusatory instrument is not the true name of the defendant the defendant must then declare the true name; and of this subsection, the defendant is ineligible for any form of release other than a security release under ORS 135.265.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the defendant does not declare the true name as required by paragraph", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The defendant or the attorney for the defendant may acknowledge the true name of the defendant at arraignment and the acknowledgment may not be used against the defendant at trial on the underlying charge or any other criminal charge or fugitive complaint except that:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The use of different names can be used in determining the defendant’s release status if the defendant has used different names in different proceedings; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A defendant who intentionally falsifies the defendant’s name under this section or ORS", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.065", "name": "Name", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.065", "sectionName": "Name", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.065", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "used in further proceedings; motion to strike false name.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.350"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "used in further proceedings; motion to strike false name. (1) If the defendant gives no other name, the court may proceed against the defendant by the name in the accusatory instrument. If the defendant is charged by indictment or information and alleges that another name is the true name of the defendant, the court shall direct an entry thereof to be made in its register, and the subsequent proceedings on the accusatory instrument may be had against the defendant by that name, referring also to the name by which the defendant is charged. Before proceeding against the defendant as provided in this subsection, the court shall attempt to determine the true name of the defendant. If a certified copy of the record of live birth for the defendant was never issued, the court shall ask the defendant, under oath or affirmation, to give the defendant’s true name. The court shall proceed under the name given unless the court is persuaded by a preponderance of the evidence that the name is not the defendant’s true name. (2) Upon motion of the defendant, all names, other than the true name of the defendant, shall be stricken from any accusatory instrument read or submitted to the jury. (3)(a) The following may file a motion requesting that a false name used by a defendant be stricken from an accusatory instrument, warrant of arrest or judgment and that the defendant’s true name, if known, be substituted: (A) The district attorney; or (B) A person whose name is the same as the false name used by the defendant. (b) Before the court may grant a motion filed under paragraph (a)(B) of this subsection, the court must provide the district attorney with notice of the motion and an opportunity to respond. (c) If the court grants a motion under this subsection, the court shall order that the false name be stricken from the accusatory instrument, warrant of arrest or judgment and that the defendant’s true name be substituted. In addition, the court shall order that any warrant of arrest of the defendant reflect that the defendant uses a name other than the defendant’s true name. [Formerly 135.350; 1985 c.540 §31; 2003 c.645 §5; 2013 c.366 §65]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the defendant gives no other name, the court may proceed against the defendant by the name in the accusatory instrument. If the defendant is charged by indictment or information and alleges that another name is the true name of the defendant, the court shall direct an entry thereof to be made in its register, and the subsequent proceedings on the accusatory instrument may be had against the defendant by that name, referring also to the name by which the defendant is charged. Before proceeding against the defendant as provided in this subsection, the court shall attempt to determine the true name of the defendant. If a certified copy of the record of live birth for the defendant was never issued, the court shall ask the defendant, under oath or affirmation, to give the defendant’s true name. The court shall proceed under the name given unless the court is persuaded by a preponderance of the evidence that the name is not the defendant’s true name.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Upon motion of the defendant, all names, other than the true name of the defendant, shall be stricken from any accusatory instrument read or submitted to the jury.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) The following may file a motion requesting that a false name used by a defendant be stricken from an accusatory instrument, warrant of arrest or judgment and that the defendant’s true name, if known, be substituted:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The district attorney; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A person whose name is the same as the false name used by the defendant.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Before the court may grant a motion filed under paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "(B) of this subsection, the court must provide the district attorney with notice of the motion and an opportunity to respond.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the court grants a motion under this subsection, the court shall order that the false name be stricken from the accusatory instrument, warrant of arrest or judgment and that the defendant’s true name be substituted. In addition, the court shall order that any warrant of arrest of the defendant reflect that the defendant uses a name other than the defendant’s true name. [Formerly 135.350; 1985 c.540 §31; 2003 c.645 §5; 2013 c.366 §65]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.067", "name": "was enacted into law by", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.067", "sectionName": "was enacted into law by", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.067", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. PRELIMINARY HEARING (Generally)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.070", "name": "ORS 135.070", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.070", "sectionName": "ORS 135.070", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.070", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Informing defendant as to charge, right to counsel, use of statement and preliminary hearing. When the defendant against whom an information has been filed in a preliminary proceeding appears before a magistrate on a charge of having committed a crime punishable as a felony, before any further proceedings are had the magistrate shall read to the defendant the information and shall inform the defendant:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.610"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Informing defendant as to charge, right to counsel, use of statement and preliminary hearing. When the defendant against whom an information has been filed in a preliminary proceeding appears before a magistrate on a charge of having committed a crime punishable as a felony, before any further proceedings are had the magistrate shall read to the defendant the information and shall inform the defendant: (1) Of the defendant’s right to the aid of counsel, that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant. (2) That the defendant is entitled to a preliminary hearing and of the nature of a preliminary hearing. If a preliminary hearing is requested, it shall be held as soon as practicable but in any event within five judicial days if the defendant is in custody or within 30 days if the defendant is not in custody. The time may be extended for good cause shown. (3) That if the defendant is on parole, evidence received and the order of the court at the preliminary hearing may be used by the State Board of Parole and Post-Prison Supervision to establish that probable cause exists to believe that a violation of a condition of parole has occurred; and further, that should the defendant waive the defendant’s right to a preliminary hearing, such waiver shall also constitute a waiver of a hearing by the board to determine whether there is probable cause to believe that a violation of one or more of the conditions of parole has occurred. [Formerly 133.610; 1981 c.644 §2; 1997 c.823 §1; 2013 c.74 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Of the defendant’s right to the aid of counsel, that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "That the defendant is entitled to a preliminary hearing and of the nature of a preliminary hearing. If a preliminary hearing is requested, it shall be held as soon as practicable but in any event within five judicial days if the defendant is in custody or within 30 days if the defendant is not in custody. The time may be extended for good cause shown.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "That if the defendant is on parole, evidence received and the order of the court at the preliminary hearing may be used by the State Board of Parole and Post-Prison Supervision to establish that probable cause exists to believe that a violation of a condition of parole has occurred; and further, that should the defendant waive the defendant’s right to a preliminary hearing, such waiver shall also constitute a waiver of a hearing by the board to determine whether there is probable cause to believe that a violation of one or more of the conditions of parole has occurred. [Formerly 133.610; 1981 c.644 §2; 1997 c.823 §1; 2013 c.74 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.073", "name": "ORS 135.073", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.073", "sectionName": "ORS 135.073", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.073", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Statement by defendant when not advised of rights.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.070"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Statement by defendant when not advised of rights. Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible before the grand jury. [1973 c.836 §61]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.075", "name": "ORS 135.075", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.075", "sectionName": "ORS 135.075", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.075", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Obtaining counsel.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.045", "133.620"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Obtaining counsel. The magistrate shall allow the defendant a reasonable time to obtain counsel and shall adjourn the proceeding for that purpose. A defendant who is committed pending examination shall be given a reasonable opportunity to obtain counsel, including but not limited to a reasonable use of the telephone. As used in this section, “counsel” includes a legal advisor appointed under ORS 135.045. [Formerly 133.620; 2001 c.472 §6]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.080", "name": "ORS 135.080", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.080", "sectionName": "ORS 135.080", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.080", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Formerly 133.635;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.635"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 133.635; repealed by 1979 c.867 §18]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.085", "name": "ORS 135.085", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.085", "sectionName": "ORS 135.085", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.085", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Subpoenaing witnesses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.570", "133.660"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Subpoenaing witnesses. (1) The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing. (2) If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570. [Formerly 133.660; 1987 c.606 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570. [Formerly 133.660; 1987 c.606 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.090", "name": "ORS 135.090", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.090", "sectionName": "ORS 135.090", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.090", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Examination of adverse witnesses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.670"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Examination of adverse witnesses. The witnesses shall be examined in the presence of the defendant and may be cross-examined in behalf of the defendant or against the defendant. [Formerly 133.670]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.095", "name": "Right", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.095", "sectionName": "Right", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.095", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of defendant to make or waive making a statement.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.680"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of defendant to make or waive making a statement. When the examination of the witnesses on the part of the state is closed, the magistrate shall inform the defendant that it is the right of the defendant to make a statement in relation to the charge against the defendant; that the statement is designed to enable the defendant, if the defendant sees fit, to answer the charge and explain the facts alleged against the defendant; that the defendant is at liberty to waive making a statement; and that the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.680]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.100", "name": "ORS 135.100", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.100", "sectionName": "ORS 135.100", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.100", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Statement of defendant. If the defendant chooses to make a statement, the magistrate shall take it in a recorded proceeding without oath, and shall put to the defendant the following questions only:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.690"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Statement of defendant. If the defendant chooses to make a statement, the magistrate shall take it in a recorded proceeding without oath, and shall put to the defendant the following questions only: (1) What is your name and age? (2) Where were you born? (3) Where do you reside and how long have you resided there? (4) What is your business or occupation? (5) Give any explanation you think proper of the circumstances appearing in the testimony against you and state any facts which you think will tend to your exculpation. [Formerly 133.690; 1991 c.790 §12]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "What is your name and age?", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Where were you born?", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Where do you reside and how long have you resided there?", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "What is your business or occupation?", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Give any explanation you think proper of the circumstances appearing in the testimony against you and state any facts which you think will tend to your exculpation. [Formerly 133.690; 1991 c.790 §12]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.105", "name": "Use of", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.105", "sectionName": "Use of", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.105", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "statement before grand jury or on trial.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.700"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "statement before grand jury or on trial. The statement of the defendant is competent testimony to be laid before the grand jury and may be given in evidence at the trial. [Formerly 133.700]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.110", "name": "ORS 135.110", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.110", "sectionName": "ORS 135.110", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.110", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §132;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §132; renumbered 135.030]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.115", "name": "Waiver", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.115", "sectionName": "Waiver", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.115", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of right to make statement.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.710"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of right to make statement. If the defendant waives the right of the defendant to make a statement, the fact of the waiver of the defendant cannot be used against the defendant on the trial. [Formerly 133.710; 1991 c.790 §13]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.120", "name": "ORS 135.120", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.120", "sectionName": "ORS 135.120", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.120", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.125", "name": "ORS 135.125", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.125", "sectionName": "ORS 135.125", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.125", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Examination of defendant’s witnesses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.720"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Examination of defendant’s witnesses. After the waiver of the defendant to make a statement or after the defendant has made it, the witnesses of the defendant, if the defendant produces any, shall be sworn and examined. [Formerly 133.720]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.130", "name": "ORS 135.130", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.130", "sectionName": "ORS 135.130", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.130", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.135", "name": "ORS 135.135", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.135", "sectionName": "ORS 135.135", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.135", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Exclusion of witnesses during examination of others.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.730"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Exclusion of witnesses during examination of others. The magistrate may exclude the witnesses who have not been examined during the examination of the defendant or of a witness for the state or the defendant. [Formerly 133.730]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.139", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.139", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.139", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "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.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section at or before the defendant", "section is not a public record and shall be available only to", "section results in a positive reaction, the individual subject to the test shall receive post-test counseling as required by the Oregon Health Authority by rule. The results of HIV tests ordered under this section shall be reported to the authority. Counseling and referral for appropriate health care, testing and support services as directed by the Director of the Oregon Health Authority shall be provided to the victim or victims at the request of the victim or victims, or the parent or guardian of a minor or incapacitated victim. (8) The costs of testing and counseling provided under subsections (2), (3) and (7) of this section shall be paid through the compensation for crime victims program authorized by ORS 147.005 to 147.367 from amounts appropriated for such purposes. Restitution to the state for payment of the costs of any counseling provided under this section and for payment of the costs of any test ordered under this section shall be included by the court in any order requiring the convicted person to pay restitution. (9) When a court orders a convicted person to submit to a test under this section, the withdrawal of blood may be performed only by a physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390, or by another licensed health care provider acting within the provider", "section to withdraw blood, no person assisting in the performance of the test nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices. (11) The results of tests or reports, or information therein, obtained under this section shall be confidential and shall not be divulged to any person not authorized by this section to receive the information. Any violation of this subsection is a Class C misdemeanor. (12) As used in this section"], "ors_citations": ["433.045", "677.505", "677.525", "678.375", "678.390", "147.005", "147.367"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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. (1) When a person has been charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, the district attorney, upon the request of the victim or the parent or guardian of a minor or incapacitated victim, shall seek the consent of the person charged to submit to a test for HIV and any other communicable disease. In the absence of such consent or failure to submit to the test, the district attorney shall petition the court for an order requiring the person charged to submit to a test for HIV and any other communicable disease. (2)(a) At the time of an appearance before a circuit court judge on a criminal charge, the judge shall inform every person arrested and charged with a crime, in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, of the availability of testing for HIV and other communicable diseases and shall cause the alleged victim of such a crime, if any, or a parent or guardian of the victim, if any, to be notified that testing for HIV and other communicable diseases is available. The judge shall inform the person arrested and charged and the victim, or parent or guardian of the victim, of the availability of counseling under the circumstances described in subsection (7) of this section. (b) Notwithstanding the provisions of ORS 433.045, when the district attorney files a petition under subsection (1) of this section, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that: (A) The person charged committed the crime; and (B) The victim has received a substantial exposure, as defined by rule of the Oregon Health Authority. (c) If the district attorney files a petition under subsection (1) of this section at or before the defendant’s arraignment on the indictment or information and the court orders the defendant to submit to testing, the testing must be done within 48 hours of the defendant’s arraignment. (d) The results of the test described in this subsection must be provided to the victim of the crime, or a parent or guardian of the victim, and to the defendant, as soon as practicable. (e) Any necessary follow-up testing must be provided as medically appropriate. (3) Notwithstanding the provisions of ORS 433.045, upon conviction of a person for any crime in which the court determines from the facts that the transmission of body fluids from one person to another was involved and if the person has not been tested pursuant to subsection (2) of this section, the court shall seek the consent of the convicted person to submit to a test for HIV and other communicable diseases. In the absence of such consent or failure to submit to the test, the court shall order the convicted person to submit to the test if the victim of the crime, or a parent or guardian of the victim, requests the court to make such order. (4) When a test is ordered under subsection (2) or (3) of this section, the victim of the crime or a parent or guardian of the victim, shall designate an attending physician, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390 to receive such information on behalf of the victim. (5) If an HIV test results in a negative reaction, the court may order the person to submit to another HIV test six months after the first test was administered. (6) The result of any test ordered under this section is not a public record and shall be available only to: (a) The victim. (b) The parent or guardian of a minor or incapacitated victim. (c) The attending physician, physician associate or nurse practitioner. (d) The Oregon Health Authority. (e) The person tested. (7) If an HIV test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling as required by the Oregon Health Authority by rule. The results of HIV tests ordered under this section shall be reported to the authority. Counseling and referral for appropriate health care, testing and support services as directed by the Director of the Oregon Health Authority shall be provided to the victim or victims at the request of the victim or victims, or the parent or guardian of a minor or incapacitated victim. (8) The costs of testing and counseling provided under subsections (2), (3) and (7) of this section shall be paid through the compensation for crime victims program authorized by ORS 147.005 to 147.367 from amounts appropriated for such purposes. Restitution to the state for payment of the costs of any counseling provided under this section and for payment of the costs of any test ordered under this section shall be included by the court in any order requiring the convicted person to pay restitution. (9) When a court orders a convicted person to submit to a test under this section, the withdrawal of blood may be performed only by a physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390, or by another licensed health care provider acting within the provider’s licensed scope of practice or acting under the supervision of a physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390. (10) No person authorized by subsection (9) of this section to withdraw blood, no person assisting in the performance of the test nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices. (11) The results of tests or reports, or information therein, obtained under this section shall be confidential and shall not be divulged to any person not authorized by this section to receive the information. Any violation of this subsection is a Class C misdemeanor. (12) As used in this section: (a) “HIV test” means a test as defined in ORS 433.045. (b) “Parent or guardian of the victim” means a custodial parent or legal guardian of a victim who is a minor or incapacitated person. (c) “Positive reaction” means a positive HIV test with a positive confirmatory test result as specified by the Oregon Health Authority. (d) “Transmission of body fluids” means the transfer of blood, semen, vaginal secretions or other body fluids identified by rule of the authority, from the perpetrator of a crime to the mucous membranes or potentially broken skin of the victim. (e) “Victim” means the person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the crime. [1989 c.568 §1; 1993 c.331 §1; 1999 c.967 §1; 2009 c.595 §92; 2014 c.45 §21; 2023 c.320 §1; 2024 c.73 §35] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When a person has been charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, the district attorney, upon the request of the victim or the parent or guardian of a minor or incapacitated victim, shall seek the consent of the person charged to submit to a test for HIV and any other communicable disease. In the absence of such consent or failure to submit to the test, the district attorney shall petition the court for an order requiring the person charged to submit to a test for HIV and any other communicable disease. of this section, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that: of this section at or before the defendant’s arraignment on the indictment or information and the court orders the defendant to submit to testing, the testing must be done within 48 hours of the defendant’s arraignment.", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The person charged committed the crime; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The victim has received a substantial exposure, as defined by rule of the Oregon Health Authority.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the district attorney files a petition under subsection", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The results of the test described in this subsection must be provided to the victim of the crime, or a parent or guardian of the victim, and to the defendant, as soon as practicable.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Any necessary follow-up testing must be provided as medically appropriate.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) At the time of an appearance before a circuit court judge on a criminal charge, the judge shall inform every person arrested and charged with a crime, in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, of the availability of testing for HIV and other communicable diseases and shall cause the alleged victim of such a crime, if any, or a parent or guardian of the victim, if any, to be notified that testing for HIV and other communicable diseases is available. The judge shall inform the person arrested and charged and the victim, or parent or guardian of the victim, of the availability of counseling under the circumstances described in subsection of this section, the court shall seek the consent of the convicted person to submit to a test for HIV and other communicable diseases. In the absence of such consent or failure to submit to the test, the court shall order the convicted person to submit to the test if the victim of the crime, or a parent or guardian of the victim, requests the court to make such order.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "of this section. If an HIV test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling as required by the Oregon Health Authority by rule. The results of HIV tests ordered under this section shall be reported to the authority. Counseling and referral for appropriate health care, testing and support services as directed by the Director of the Oregon Health Authority shall be provided to the victim or victims at the request of the victim or victims, or the parent or guardian of a minor or incapacitated victim. of this section shall be paid through the compensation for crime victims program authorized by ORS 147.005 to 147.367 from amounts appropriated for such purposes. Restitution to the state for payment of the costs of any counseling provided under this section and for payment of the costs of any test ordered under this section shall be included by the court in any order requiring the convicted person to pay restitution.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Notwithstanding the provisions of ORS 433.045, when the district attorney files a petition under subsection", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Notwithstanding the provisions of ORS 433.045, upon conviction of a person for any crime in which the court determines from the facts that the transmission of body fluids from one person to another was involved and if the person has not been tested pursuant to subsection of this section, the victim of the crime or a parent or guardian of the victim, shall designate an attending physician, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390 to receive such information on behalf of the victim.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "When a test is ordered under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "If an HIV test results in a negative reaction, the court may order the person to submit to another HIV test six months after the first test was administered.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The result of any test ordered under this section is not a public record and shall be available only to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The victim.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The parent or guardian of a minor or incapacitated victim.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The attending physician, physician associate or nurse practitioner.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The Oregon Health Authority.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The person tested.", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "The costs of testing and counseling provided under subsections", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "When a court orders a convicted person to submit to a test under this section, the withdrawal of blood may be performed only by a physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390, or by another licensed health care provider acting within the provider’s licensed scope of practice or acting under the supervision of a physician licensed under ORS chapter 677, a physician associate licensed under ORS 677.505 to 677.525 or a nurse practitioner licensed under ORS 678.375 to 678.390. of this section to withdraw blood, no person assisting in the performance of the test nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "No person authorized by subsection", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "The results of tests or reports, or information therein, obtained under this section shall be confidential and shall not be divulged to any person not authorized by this section to receive the information. Any violation of this subsection is a Class C misdemeanor.", "subsections": []}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“HIV test” means a test as defined in ORS 433.045.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Parent or guardian of the victim” means a custodial parent or legal guardian of a victim who is a minor or incapacitated person.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Positive reaction” means a positive HIV test with a positive confirmatory test result as specified by the Oregon Health Authority.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "“Transmission of body fluids” means the transfer of blood, semen, vaginal secretions or other body fluids identified by rule of the authority, from the perpetrator of a crime to the mucous membranes or potentially broken skin of the victim.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "“Victim” means the person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the crime. [1989 c.568 §1; 1993 c.331 §1; 1999 c.967 §1; 2009 c.595 §92; 2014 c.45 §21; 2023 c.320 §1; 2024 c.73 §35] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.140", "name": "ORS 135.140", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.140", "sectionName": "ORS 135.140", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.140", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §133;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.035"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §133; renumbered 135.035]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.145", "name": "ORS 135.145", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.145", "sectionName": "ORS 135.145", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.145", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Testimony of witnesses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.740"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Testimony of witnesses. The testimony of the witnesses in a preliminary hearing shall be recorded. [Formerly 133.740; 1991 c.790 §14]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.150", "name": "ORS 135.150", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.150", "sectionName": "ORS 135.150", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.150", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.155", "name": "ORS 135.155", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.155", "sectionName": "ORS 135.155", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.155", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Retention of record and statements by magistrate;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.750"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Retention of record and statements by magistrate; inspection. The magistrate shall keep the record of the preliminary hearing and the statement of the defendant, if any, until the record is returned to the proper court and shall not permit the record to be inspected by any person, except the district attorney of the county or the attorney who acts for the district attorney and the defendant and the counsel of the defendant. [Formerly 133.750; 1991 c.790 §15]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.160", "name": "ORS 135.160", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.160", "sectionName": "ORS 135.160", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.160", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.165", "name": "ORS 135.165", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.165", "sectionName": "ORS 135.165", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.165", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Counsel for complainant;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.760"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Counsel for complainant; district attorney. The complainant may employ counsel to appear against the defendant in every stage of the preliminary hearing; but the district attorney for the county, either in person or by some attorney authorized to act for the district attorney, is entitled to appear on behalf of the state and control and direct the prosecution. [Formerly 133.760]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.170", "name": "ORS 135.170", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.170", "sectionName": "ORS 135.170", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.170", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.173", "name": "Oregon", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.173", "sectionName": "Oregon", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.173", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Evidence Code to apply in preliminary hearings;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Evidence Code to apply in preliminary hearings; exception. The Oregon Evidence Code shall apply in any preliminary hearing under this chapter, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant’s reliability and, as far as possible, the means by which the information was obtained. [1981 c.892 §88b] (Discharge or Commitment)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.175", "name": "ORS 135.175", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.175", "sectionName": "ORS 135.175", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.175", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Discharge.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.810"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Discharge. After hearing the evidence and the statement of the defendant, if the defendant has made one, unless there is a showing of probable cause that a crime has been committed and that the defendant committed it, the magistrate shall dismiss the information and order the defendant to be discharged. [Formerly 133.810]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.180", "name": "ORS 135.180", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.180", "sectionName": "ORS 135.180", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.180", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.185", "name": "ORS 135.185", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.185", "sectionName": "ORS 135.185", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.185", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Holding defendant to answer; use of hearsay evidence. If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existence of probable cause, shall consider:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.820"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Holding defendant to answer; use of hearsay evidence. If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existence of probable cause, shall consider: (1) The extent to which the hearsay quality of the evidence affects the weight it should be given; and (2) The likelihood of evidence other than hearsay being available at trial to provide the information furnished by hearsay at the preliminary hearing. [Formerly 133.820; 1981 c.892 §88c; 2007 c.71 §33]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The extent to which the hearsay quality of the evidence affects the weight it should be given; and", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The likelihood of evidence other than hearsay being available at trial to provide the information furnished by hearsay at the preliminary hearing. [Formerly 133.820; 1981 c.892 §88c; 2007 c.71 §33]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.190", "name": "ORS 135.190", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.190", "sectionName": "ORS 135.190", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.190", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.195", "name": "ORS 135.195", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.195", "sectionName": "ORS 135.195", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.195", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Commitment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.830"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Commitment. If the magistrate orders the defendant to be held to answer, the magistrate shall make out a commitment, signed by the magistrate with the name of office of the magistrate, and deliver it with the defendant to the officer to whom the defendant is committed or, if that officer is not present, to any peace officer, who shall immediately deliver the defendant into the proper custody, together with the commitment. [Formerly 133.830]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.200", "name": "ORS 135.200", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.200", "sectionName": "ORS 135.200", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.200", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.205", "name": "ORS 135.205", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.205", "sectionName": "ORS 135.205", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.205", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Indorsement in certain cases.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.840"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Indorsement in certain cases. When the magistrate delivers the defendant to a peace officer other than the one to whom the defendant is committed, the magistrate shall first make an indorsement on the commitment directing the officer to deliver the defendant and the commitment to the custody of the appropriate sheriff. [Formerly 133.840]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.210", "name": "ORS 135.210", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.210", "sectionName": "ORS 135.210", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.210", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.215", "name": "ORS 135.215", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.215", "sectionName": "ORS 135.215", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.215", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Direction to sheriff;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["133.850"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Direction to sheriff; detention of defendant. The commitment shall be directed to the sheriff of the county in which the magistrate is sitting. Such sheriff shall receive and detain the defendant, as thereby commanded, in a jail located in the county of the sheriff or, if there is no sufficient jail in the county, by such means as may be necessary and proper therefor or by confining the defendant in the jail of an adjoining county within or without the state. [Formerly 133.850; 1987 c.550 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.225", "name": "ORS 135.225", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.225", "sectionName": "ORS 135.225", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.225", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Forwarding of papers by magistrate. When the magistrate has held the defendant to answer, the magistrate shall at once forward to the court in which the defendant would be triable:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.115", "135.145", "133.860"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Forwarding of papers by magistrate. When the magistrate has held the defendant to answer, the magistrate shall at once forward to the court in which the defendant would be triable: (1) The warrant, if any; (2) The information; (3) The statement of the defendant, if the defendant made one; (4) The memoranda mentioned in ORS 135.115 and 135.145; (5) The release agreement or security release of the defendant; and (6) If applicable, any security taken for the appearance of witnesses. [Formerly 133.860; 2005 c.22 §108] RELEASE OF DEFENDANT", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The warrant, if any;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The information;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The statement of the defendant, if the defendant made one;", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The memoranda mentioned in ORS 135.115 and 135.145;", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The release agreement or security release of the defendant; and", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "If applicable, any security taken for the appearance of witnesses. [Formerly 133.860; 2005 c.22 §108] RELEASE OF DEFENDANT", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.230", "name": "ORS 135.230", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.230", "sectionName": "ORS 135.230", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.230", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Definitions for ORS 135.230 to 135.290. As used in ORS 135.230 to 135.290, unless the context requires otherwise:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.230", "135.290", "163.415", "163.425", "163.427", "133.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 135.230 to 135.290. As used in ORS 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 any degree as defined in ORS 163.415, 163.425 and 163.427. (2) “Conditional release” means a nonsecurity release which imposes regulations on the activities and associations of the defendant. (3) “Domestic violence” means abuse between family or household members. (4) “Family or household members” means any of the following: (a) Spouses. (b) Former spouses. (c) Adult persons related by blood or marriage. (d) Persons cohabiting with each other. (e) Persons who have cohabited with each other or who have been involved in a sexually intimate relationship. (f) Unmarried parents of a minor child. (5) “Magistrate” has the meaning provided for this term in ORS 133.030. (6) “Personal recognizance” means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times. (7) “Primary release criteria” includes the following: (a) The reasonable protection of the victim or public; (b) The nature of the current charge; (c) The defendant’s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required; (d) Any facts indicating the possibility of violations of law if the defendant is released without regulations; and (e) Any other facts tending to indicate that the defendant is likely to appear. (8) “Release” means temporary or partial freedom of a defendant from lawful custody before judgment of conviction or after judgment of conviction if defendant has appealed. (9) “Release agreement” means a sworn writing by the defendant stating the terms of the release and, if applicable, the amount of security. (10) “Release decision” means a determination by a magistrate, using primary and secondary release criteria, which establishes the form of the release most likely to ensure the safety of the public and the victim, the defendant’s court appearance and that the defendant does not engage in domestic violence while on release. (11) “Secondary release criteria” includes the following: (a) The defendant’s employment status and history and financial condition; (b) The nature and extent of the family relationships of the defendant; (c) The past and present residences of the defendant; (d) Names of persons who agree to assist the defendant in attending court at the proper time; and (e) Any facts tending to indicate that the defendant has strong ties to the community. (12) “Security release” means a release conditioned on a promise to appear in court at all appropriate times which is secured by cash, stocks, bonds or real property. (13) “Surety” is one who executes a security release and binds oneself to pay the security amount if the defendant fails to comply with the release agreement. [1973 c.836 §146; 1993 c.731 §4; 1997 c.313 §18]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Abuse” means:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Attempting to cause or intentionally, knowingly or recklessly causing physical injury;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and 163.427.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Conditional release” means a nonsecurity release which imposes regulations on the activities and associations of the defendant.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Domestic violence” means abuse between family or household members.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Family or household members” means any of the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Spouses.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Former spouses.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Adult persons related by blood or marriage.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Persons cohabiting with each other.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "Unmarried parents of a minor child.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "“Magistrate” has the meaning provided for this term in ORS 133.030.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "“Personal recognizance” means the release of a defendant upon the promise of the defendant to appear in court at all appropriate times.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "“Primary release criteria” includes the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The reasonable protection of the victim or public;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The nature of the current charge;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The defendant’s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Any facts indicating the possibility of violations of law if the defendant is released without regulations; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Any other facts tending to indicate that the defendant is likely to appear.", "subsections": []}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "“Release” means temporary or partial freedom of a defendant from lawful custody before judgment of conviction or after judgment of conviction if defendant has appealed.", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "“Release agreement” means a sworn writing by the defendant stating the terms of the release and, if applicable, the amount of security.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "“Release decision” means a determination by a magistrate, using primary and secondary release criteria, which establishes the form of the release most likely to ensure the safety of the public and the victim, the defendant’s court appearance and that the defendant does not engage in domestic violence while on release.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "“Secondary release criteria” includes the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The defendant’s employment status and history and financial condition;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The nature and extent of the family relationships of the defendant;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The past and present residences of the defendant;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Names of persons who agree to assist the defendant in attending court at the proper time; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Any facts tending to indicate that the defendant has strong ties to the community.", "subsections": []}]}, {"label": "(12)", "token": "12", "kind": "numeric", "text": "“Security release” means a release conditioned on a promise to appear in court at all appropriate times which is secured by cash, stocks, bonds or real property.", "subsections": []}, {"label": "(13)", "token": "13", "kind": "numeric", "text": "“Surety” is one who executes a security release and binds oneself to pay the security amount if the defendant fails to comply with the release agreement. [1973 c.836 §146; 1993 c.731 §4; 1997 c.313 §18]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.233", "name": "ORS 135.233", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.233", "sectionName": "ORS 135.233", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.233", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Standing pretrial release orders; guidelines for orders.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section to"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Standing pretrial release orders; guidelines for orders. (1) The presiding judge of a judicial district shall enter a standing pretrial release order specifying to the sheriff of the county, or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district, those persons and offenses: (a) Subject to release on recognizance; (b) Subject to release with special conditions as specified in the order; and (c) That are not eligible for release until arraignment. (2) The Chief Justice of the Supreme Court, with input from a criminal justice advisory committee appointed by the Chief Justice, shall establish release guidelines for the pretrial release orders described in this section to: (a) Provide consistent release decision-making structure across the state; (b) Reduce reliance on the use of security; (c) Include provisions for victim notification and input; and (d) Balance the rights of the defendant and presumption of pretrial release against community and victim safety and the risk of failure to appear. [2021 c.643 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The presiding judge of a judicial district shall enter a standing pretrial release order specifying to the sheriff of the county, or to the entity supervising the local correctional facility responsible for pretrial incarceration within the judicial district, those persons and offenses:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Subject to release on recognizance;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Subject to release with special conditions as specified in the order; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "That are not eligible for release until arraignment.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The Chief Justice of the Supreme Court, with input from a criminal justice advisory committee appointed by the Chief Justice, shall establish release guidelines for the pretrial release orders described in this section to:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Provide consistent release decision-making structure across the state;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Reduce reliance on the use of security;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Include provisions for victim notification and input; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Balance the rights of the defendant and presumption of pretrial release against community and victim safety and the risk of failure to appear. [2021 c.643 §2]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.235", "name": "ORS 135.235", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.235", "sectionName": "ORS 135.235", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.235", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Release assistance officers; appointment; duties.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Release assistance officers; appointment; duties. (1) A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court. (2) A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection (3) of this section. If the release assistance officer is able to contact the victim: (a) Information regarding the victim’s position on release, including whether special release conditions should be imposed, must be included in the report described in subsection (3) of this section, and considered by the release assistance officer if the officer makes the release decision; and (b) If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant’s arraignment or other first appearance. (3) The release assistance officer shall verify release criteria information and may either: (a) Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or (b) If delegated release authority by the presiding judge for the judicial district, make the release decision. (4) As used in this section, “victim” means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual. [1973 c.836 §147; 1981 s.s. c.3 §37; 1995 c.781 §40; 2021 c.643 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A presiding judge for a judicial district may appoint release assistance officers under a personnel plan established by the Chief Justice of the Supreme Court.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A release assistance officer shall, except when impracticable, interview every person detained pursuant to law and charged with an offense. If the person is charged with a person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission, or with contempt of court for violating a court order protecting or prohibiting contact with another person, the release assistance officer shall make reasonable efforts to contact the victim prior to submitting a report or making a release decision under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "of this section. If the release assistance officer is able to contact the victim: of this section, and considered by the release assistance officer if the officer makes the release decision; and The release assistance officer shall verify release criteria information and may either:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Information regarding the victim’s position on release, including whether special release conditions should be imposed, must be included in the report described in subsection Timely submit a written report to the magistrate containing, but not limited to, an evaluation of the release criteria and a recommendation for the form of release; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the information is available, the release assistance officer shall inform the victim of the location, date and time of the defendant’s arraignment or other first appearance. If delegated release authority by the presiding judge for the judicial district, make the release decision.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "As used in this section, “victim” means an individual that the charging instrument indicates is the victim of the alleged offense or the person protected by the court order, whether or not the individual is specifically named, so long as the release assistance officer is able to confirm the identity of the individual. [1973 c.836 §147; 1981 s.s. c.3 §37; 1995 c.781 §40; 2021 c.643 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.240", "name": "ORS 135.240", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.240", "sectionName": "ORS 135.240", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.240", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Releasable offenses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.230", "135.290", "40.015"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Releasable offenses. (1) Except as provided in subsections (2) and (4) of this section, a defendant shall be released in accordance with ORS 135.230 to 135.290. (2)(a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty. (b) When the defendant is charged with murder or aggravated murder and the proof is not evident nor the presumption strong that the defendant is guilty, the court shall determine the issue of release as provided in subsection (4) of this section. In determining the issue of release under subsection (4) of this section, the court may consider any evidence used in making the determination required by this subsection. (3) The magistrate may conduct such hearing as the magistrate considers necessary to determine whether, under subsection (2) of this section, the proof is evident or the presumption strong that the person is guilty. (4)(a) When the defendant is charged with a violent felony, release shall be denied if the court finds: (A) Except when the defendant is charged by indictment, that there is probable cause to believe that the defendant committed the crime; and (B) By clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release. (b) If the defendant wants to have a hearing on the issue of release, the defendant must request the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing, the court must hold the hearing within five days of the request. (c) At the release hearing, unless the state stipulates to the setting of security or release, the court shall make the inquiry set forth in paragraph (a) of this subsection. The state has the burden of producing evidence at the release hearing subject to ORS 40.015 (4). (d) The defendant may be represented by counsel and may present evidence on any relevant issue. However, the hearing may not be used for purposes of discovery. (e) If the court determines that the defendant is eligible for release in accordance with this subsection, the court shall set security or other appropriate conditions of release. (f) When a defendant who has been released violates a condition of release and the violation: (A) Constitutes a new criminal offense, the court shall cause the defendant to be taken back into custody and shall order the defendant held pending trial without release. (B) Does not constitute a new criminal offense, the court may order the defendant to be taken back into custody and may order the defendant held pending trial or may make a new release decision. (5) For purposes of this section, “violent felony” means a felony offense in which there was an actual or threatened serious physical injury to the victim, or a felony sexual offense. [1973 c.836 §148; 1997 c.313 §19; 2001 c.104 §45; 2007 c.194 §1; 2007 c.879 §9; 2021 c.643 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsections", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "and (a) When the defendant is charged with murder, aggravated murder or treason, release shall be denied when the proof is evident or the presumption strong that the person is guilty. of this section, the proof is evident or the presumption strong that the person is guilty.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "When the defendant is charged with murder or aggravated murder and the proof is not evident nor the presumption strong that the defendant is guilty, the court shall determine the issue of release as provided in subsection", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, a defendant shall be released in accordance with ORS 135.230 to 135.290. of this section. In determining the issue of release under subsection of this section, the court may consider any evidence used in making the determination required by this subsection. (a) When the defendant is charged with a violent felony, release shall be denied if the court finds:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Except when the defendant is charged by indictment, that there is probable cause to believe that the defendant committed the crime; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "By clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the defendant wants to have a hearing on the issue of release, the defendant must request the hearing at the time of arraignment in circuit court. If the defendant requests a release hearing, the court must hold the hearing within five days of the request.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "At the release hearing, unless the state stipulates to the setting of security or release, the court shall make the inquiry set forth in paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection. The state has the burden of producing evidence at the release hearing subject to ORS 40.015", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The defendant may be represented by counsel and may present evidence on any relevant issue. However, the hearing may not be used for purposes of discovery.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "If the court determines that the defendant is eligible for release in accordance with this subsection, the court shall set security or other appropriate conditions of release.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "When a defendant who has been released violates a condition of release and the violation:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Constitutes a new criminal offense, the court shall cause the defendant to be taken back into custody and shall order the defendant held pending trial without release.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Does not constitute a new criminal offense, the court may order the defendant to be taken back into custody and may order the defendant held pending trial or may make a new release decision.", "subsections": []}]}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The magistrate may conduct such hearing as the magistrate considers necessary to determine whether, under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "For purposes of this section, “violent felony” means a felony offense in which there was an actual or threatened serious physical injury to the victim, or a felony sexual offense. [1973 c.836 §148; 1997 c.313 §19; 2001 c.104 §45; 2007 c.194 §1; 2007 c.879 §9; 2021 c.643 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.242", "name": "ORS 135.242", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.242", "sectionName": "ORS 135.242", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.242", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[2008 c.52 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[2008 c.52 §1; 2021 c.591 §45; repealed by 2021 c.643 §7]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.245", "name": "ORS 135.245", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.245", "sectionName": "ORS 135.245", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.245", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Release decision.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section applies to the person. (4) Upon a finding that release of the person on personal recognizance is unwarranted, the magistrate shall proceed to consider conditional release under ORS 135.260. Only after determining that conditional release is unwarranted, or if otherwise required by ORS 135.230 to 135.290, may the magistrate proceed to consider security release under ORS 135.265. (5) At the release hearing", "section shall be liberally construed to carry out the purpose of relying upon criminal sanctions instead of financial loss to ensure the appearance of the defendant"], "ors_citations": ["135.240", "135.260", "135.230", "135.290", "135.265", "147.417", "135.060", "135.065"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Release decision. (1) Except as provided in ORS 135.240, a person in custody has the right to be taken before a magistrate without undue delay. (2)(a) A magistrate shall make a release decision at the time of arraignment or other first appearance after the defendant is taken into custody unless good cause to postpone the release decision is shown, in which case a release hearing shall be held pursuant to subsection (7) of this section. (b) The district attorney shall make reasonable efforts to inform the victim of the location, date and time of the arraignment or other first appearance and to determine if the victim is present at the arraignment or appearance. If the victim is present, the victim has the right to reasonably express any views relevant to the issues at the appearance. (c) As used in this subsection, “good cause” includes circumstances in which: (A) The district attorney plans to seek preventative detention; or (B) There is a reasonable belief that additional evidence exists and would be relevant to the release decision, but is not currently available. (3) If the magistrate, having given priority to the primary release criteria, decides to release a defendant or to set security, the magistrate shall impose the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person’s later appearance and, if the person is charged with an offense involving domestic violence, ensure that the person does not engage in domestic violence while on release. A person in custody, otherwise having a right to release, shall be released upon the personal recognizance unless: (a) Release criteria show to the satisfaction of the magistrate that such a release is unwarranted; or (b) Subsection (6) of this section applies to the person. (4) Upon a finding that release of the person on personal recognizance is unwarranted, the magistrate shall proceed to consider conditional release under ORS 135.260. Only after determining that conditional release is unwarranted, or if otherwise required by ORS 135.230 to 135.290, may the magistrate proceed to consider security release under ORS 135.265. (5) At the release hearing: (a) The district attorney has a right to be heard in relation to issues relevant to the release decision; and (b) The victim has the right: (A) Upon request made within the time period prescribed in the notice required by ORS 147.417, to be notified by the district attorney of the release hearing; (B) To appear personally at the hearing; and (C) If present, to reasonably express any views relevant to the issues before the magistrate. (6) If a person refuses to provide a true name under the circumstances described in ORS 135.060 and 135.065, the magistrate may not release the person on personal recognizance or on conditional release. The magistrate may release the person on security release under ORS 135.265 except that the magistrate shall require the person to deposit the full security amount set by the magistrate. (7)(a) After the postponement of a release decision under subsection (2) of this section, upon the request of either party, or upon the magistrate’s own motion, the magistrate shall make a release decision or reconsider the release decision, as applicable, at a release hearing. The release hearing must be held within 48 hours of arraignment or other first appearance after the defendant is taken into custody unless both parties agree, or the court finds good cause, to hold the hearing at a later time. Under no circumstances may the release hearing be held more than five days after arraignment or other first appearance after the defendant is taken into custody unless the defendant consents to holding the hearing at a later time. (b) A hearing held under this subsection may not be used for purposes of discovery. (8) This section shall be liberally construed to carry out the purpose of relying upon criminal sanctions instead of financial loss to ensure the appearance of the defendant. [1973 c.836 §149; 1993 c.731 §5; 1997 c.313 §20; 2003 c.645 §6; 2009 c.178 §27; 2021 c.643 §5]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in ORS 135.240, a person in custody has the right to be taken before a magistrate without undue delay.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) A magistrate shall make a release decision at the time of arraignment or other first appearance after the defendant is taken into custody unless good cause to postpone the release decision is shown, in which case a release hearing shall be held pursuant to subsection of this section, upon the request of either party, or upon the magistrate’s own motion, the magistrate shall make a release decision or reconsider the release decision, as applicable, at a release hearing. The release hearing must be held within 48 hours of arraignment or other first appearance after the defendant is taken into custody unless both parties agree, or the court finds good cause, to hold the hearing at a later time. Under no circumstances may the release hearing be held more than five days after arraignment or other first appearance after the defendant is taken into custody unless the defendant consents to holding the hearing at a later time.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A hearing held under this subsection may not be used for purposes of discovery.", "subsections": []}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "of this section. (a) After the postponement of a release decision under subsection", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The district attorney shall make reasonable efforts to inform the victim of the location, date and time of the arraignment or other first appearance and to determine if the victim is present at the arraignment or appearance. If the victim is present, the victim has the right to reasonably express any views relevant to the issues at the appearance.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "As used in this subsection, “good cause” includes circumstances in which:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The district attorney plans to seek preventative detention; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "There is a reasonable belief that additional evidence exists and would be relevant to the release decision, but is not currently available.", "subsections": []}]}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the magistrate, having given priority to the primary release criteria, decides to release a defendant or to set security, the magistrate shall impose the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person’s later appearance and, if the person is charged with an offense involving domestic violence, ensure that the person does not engage in domestic violence while on release. A person in custody, otherwise having a right to release, shall be released upon the personal recognizance unless:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Release criteria show to the satisfaction of the magistrate that such a release is unwarranted; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Subsection", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "of this section applies to the person. If a person refuses to provide a true name under the circumstances described in ORS 135.060 and 135.065, the magistrate may not release the person on personal recognizance or on conditional release. The magistrate may release the person on security release under ORS 135.265 except that the magistrate shall require the person to deposit the full security amount set by the magistrate.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Upon a finding that release of the person on personal recognizance is unwarranted, the magistrate shall proceed to consider conditional release under ORS 135.260. Only after determining that conditional release is unwarranted, or if otherwise required by ORS 135.230 to 135.290, may the magistrate proceed to consider security release under ORS 135.265.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "At the release hearing:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The district attorney has a right to be heard in relation to issues relevant to the release decision; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The victim has the right:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Upon request made within the time period prescribed in the notice required by ORS 147.417, to be notified by the district attorney of the release hearing;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "To appear personally at the hearing; and", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "If present, to reasonably express any views relevant to the issues before the magistrate.", "subsections": []}]}]}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "This section shall be liberally construed to carry out the purpose of relying upon criminal sanctions instead of financial loss to ensure the appearance of the defendant. [1973 c.836 §149; 1993 c.731 §5; 1997 c.313 §20; 2003 c.645 §6; 2009 c.178 §27; 2021 c.643 §5]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.246", "name": "ORS 135.246", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.246", "sectionName": "ORS 135.246", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.246", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Release conditions related to medical use of cannabis.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.230"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Release conditions related to medical use of cannabis. (1) As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777. (2) If a person who holds a registry identification card is released under ORS 135.230 to", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If a person who holds a registry identification card is released under ORS 135.230 to", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.247", "name": "Order", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.247", "sectionName": "Order", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.247", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "prohibiting contact with victim of sex crime, crime involving bias or domestic violence.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. (3) Except as provided in subsection (4) of this section, an order described in subsection (1) or (2) of this section", "section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community. (5) An order described in subsection (1) or (2) of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970 (2). (6) As used in this section"], "ors_citations": ["135.235", "135.970", "163.191", "166.155", "166.165", "135.230"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "prohibiting contact with victim of sex crime, crime involving bias or domestic violence. (1) When a release assistance officer makes a release decision under ORS 135.235 involving a defendant charged with a sex crime, a crime involving bias or a crime constituting domestic violence, the release assistance officer shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer shall provide the defendant with a written copy of the order. (2) When a defendant who is charged with a sex crime, a crime involving bias or a crime that constitutes domestic violence is arraigned, the court shall enter an order continuing an order issued under subsection (1) of this section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. (3) Except as provided in subsection (4) of this section, an order described in subsection (1) or (2) of this section: (a) Shall apply at any time during which the defendant is held in custody on the charge; and (b) Shall remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime. (4) Upon petition of the victim, the court may enter an order terminating an order entered under subsection (1) or (2) of this section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community. (5) An order described in subsection (1) or (2) of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970 (2). (6) As used in this section: (a) “Crime involving bias” means intimidation by display of a noose under ORS 163.191, bias crime in the second degree under ORS 166.155 or bias crime in the first degree under ORS 166.165. (b) “Domestic violence” has the meaning given that term in ORS 135.230. (c) “Sex crime” has the meaning given that term in ORS 163A.005. [2011 c.232 §1; 2015 c.264 §1; 2021 c.643 §6; 2023 c.549 §5] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When a release assistance officer makes a release decision under ORS 135.235 involving a defendant charged with a sex crime, a crime involving bias or a crime constituting domestic violence, the release assistance officer shall include in the decision an order that the defendant be prohibited from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody. The release assistance officer shall provide the defendant with a written copy of the order. of this section or, if no such order has been entered, enter an order prohibiting the defendant from contacting or attempting to contact the victim, either directly or through a third party, while the defendant is in custody.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When a defendant who is charged with a sex crime, a crime involving bias or a crime that constitutes domestic violence is arraigned, the court shall enter an order continuing an order issued under subsection of this section: of this section if the court finds, after a hearing on the petition, that terminating the order is in the best interests of the parties and the community. of this section shall not limit contact with the victim by the defense attorney, or an agent of the defense attorney other than the defendant, in the manner prescribed by ORS 135.970", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Shall apply at any time during which the defendant is held in custody on the charge; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Shall remain valid until the defendant is sentenced for the crime, the charge is dismissed or the defendant is acquitted of the crime.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Except as provided in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, an order described in subsection Upon petition of the victim, the court may enter an order terminating an order entered under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "An order described in subsection", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Crime involving bias” means intimidation by display of a noose under ORS 163.191, bias crime in the second degree under ORS 166.155 or bias crime in the first degree under ORS 166.165.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Domestic violence” has the meaning given that term in ORS 135.230.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Sex crime” has the meaning given that term in ORS 163A.005. [2011 c.232 §1; 2015 c.264 §1; 2021 c.643 §6; 2023 c.549 §5] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.250", "name": "ORS 135.250", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.250", "sectionName": "ORS 135.250", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.250", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "General conditions of release agreement.", "citations": {"usc_citations": ["18 U.S.C. 922"], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["107.720"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "General conditions of release agreement. (1) If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will: (a) Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered; (b) Submit to the orders and process of the court; (c) Not depart this state without leave of the court; and (d) Comply with such other conditions as the court may impose. (2)(a) In addition to the conditions listed in subsection (1) of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence. (b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if: (A) The victim petitions the court for a waiver; and (B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community. (c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the defendant’s ability to possess firearms and ammunition or engage in activities involving firearms. (d) ORS 107.720 applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing. [1973 c.836 §150; 1991 c.111 §10; 1993 c.731 §6; 1999 c.617 §3; 2013 c.151 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If a defendant is released before judgment, the conditions of the release agreement shall be that the defendant will: of this section, if the defendant is charged with an offense that also constitutes domestic violence, the court shall include as a condition of the release agreement that the defendant not contact the victim of the violence.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until the defendant is discharged or the judgment is entered; of this subsection, the court may enter an order waiving the condition that the defendant have no contact with the victim if:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The victim petitions the court for a waiver; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The court finds, after a hearing on the petition, that waiving the condition is in the best interests of the parties and the community.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Submit to the orders and process of the court; Notwithstanding paragraph", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Not depart this state without leave of the court; and If the defendant was provided notice and an opportunity to be heard, the court shall also include in the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Comply with such other conditions as the court may impose. (8) and ORS 107.720 applies to release agreements executed by defendants charged with an offense that constitutes domestic violence, except that proof of service of the release agreement is not required and the agreement may not be terminated at the request of the victim without a hearing. [1973 c.836 §150; 1991 c.111 §10; 1993 c.731 §6; 1999 c.617 §3; 2013 c.151 §2]", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "(8) to affect the defendant’s ability to possess firearms and ammunition or engage in activities involving firearms.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) In addition to the conditions listed in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.252", "name": "ORS 135.252", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.252", "sectionName": "ORS 135.252", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.252", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[2016 c.24 §53f;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[2016 c.24 §53f; repealed by 2019 c.292 §10]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.253", "name": "Waiver", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.253", "sectionName": "Waiver", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.253", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of appearance at trial as release condition prohibited.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of appearance at trial as release condition prohibited. (1) The court may not condition a defendant’s release on the defendant’s waiver of appearance in person at trial. (2) A release agreement may not contain a provision prohibited by subsection (1) of this section. [2018 c.37 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The court may not condition a defendant’s release on the defendant’s waiver of appearance in person at trial. of this section. [2018 c.37 §4]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A release agreement may not contain a provision prohibited by subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.255", "name": ", or granted conditional release under ORS 135.260, or fails to agree to", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.255", "sectionName": ", or granted conditional release under ORS 135.260, or fails to agree to", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.255", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "the provisions of the conditional release, the magistrate shall set a security amount that will reasonably assure the defendant’s appearance. The defendant shall execute the security release in the amount set by the magistrate.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "the provisions of the conditional release, the magistrate shall set a security amount that will reasonably assure the defendant’s appearance. The defendant shall execute the security release in the amount set by the magistrate. (2) The defendant shall execute a release agreement and deposit with the clerk of the court before which the proceeding is pending a sum of money equal to 10 percent of the security amount, but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum deposited. Upon depositing this sum the defendant shall be released from custody subject to the condition that the defendant appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court. Once security has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction the latter court shall continue the original security in that court subject to ORS", "subsections": [{"label": "(2)", "token": "2", "kind": "numeric", "text": "The defendant shall execute a release agreement and deposit with the clerk of the court before which the proceeding is pending a sum of money equal to 10 percent of the security amount, but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum deposited. Upon depositing this sum the defendant shall be released from custody subject to the condition that the defendant appear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court. Once security has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction the latter court shall continue the original security in that court subject to ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.260", "name": "ORS 135.260", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.260", "sectionName": "ORS 135.260", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.260", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Conditional release.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.250"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Conditional release. (1) Conditional release may include one or more of the following conditions: (a) Release of the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The supervisor, however, shall notify the court immediately in the event that the defendant breaches the conditional release. (b) Reasonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant’s own residence or to the premises thereof. (c) Release of the defendant from custody during working hours. (d) Any other reasonable restriction designed to assure the defendant’s appearance. (2) Except as otherwise provided in ORS 135.250 (2)(b), conditional release shall include a prohibition against contacting the victim if the defendant is charged with an offense that also constitutes domestic violence. [1973 c.836 §152; 1985 c.818 §1; 1993 c.731 §7]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Conditional release may include one or more of the following conditions:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Release of the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The supervisor, however, shall notify the court immediately in the event that the defendant breaches the conditional release.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Reasonable regulations on the activities, movements, associations and residences of the defendant, including, if the court finds it appropriate, restriction of the defendant to the defendant’s own residence or to the premises thereof.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Release of the defendant from custody during working hours.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Any other reasonable restriction designed to assure the defendant’s appearance.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Except as otherwise provided in ORS 135.250 (b), conditional release shall include a prohibition against contacting the victim if the defendant is charged with an offense that also constitutes domestic violence. [1973 c.836 §152; 1985 c.818 §1; 1993 c.731 §7]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.265", "name": "ORS 135.265", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.265", "sectionName": "ORS 135.265", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.265", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Security release.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Security release. (1) If the defendant is not released on personal recognizance under ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the defendant is not released on personal recognizance under ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.270", "name": "Taking", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.270", "sectionName": "Taking", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.270", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of security.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.265"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of security. (1) When a security amount has been set by a magistrate for a particular offense or for a defendant’s release, any person designated by the magistrate may take the security and release the defendant to appear in accordance with the conditions of the release agreement. The person designated by the magistrate shall give a receipt to the defendant for the security so taken and within a reasonable time deposit the security with the clerk of the court having jurisdiction of the offense. (2) If a magistrate has designated a person to take security and release defendants under subsection (1) of this section, the clerk of the court shall continue to accept the security release deposits described in ORS 135.265 during the normal business hours of the court. [1973 c.836 §154; 2015 c.493 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When a security amount has been set by a magistrate for a particular offense or for a defendant’s release, any person designated by the magistrate may take the security and release the defendant to appear in accordance with the conditions of the release agreement. The person designated by the magistrate shall give a receipt to the defendant for the security so taken and within a reasonable time deposit the security with the clerk of the court having jurisdiction of the offense. of this section, the clerk of the court shall continue to accept the security release deposits described in ORS 135.265 during the normal business hours of the court. [1973 c.836 §154; 2015 c.493 §3]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If a magistrate has designated a person to take security and release defendants under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.275", "name": "ORS 135.275", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.275", "sectionName": "ORS 135.275", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.275", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Seizure of security by law enforcement agency.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.270", "135.265", "133.545", "133.535"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Seizure of security by law enforcement agency. (1) A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270, in order to obtain security release as described in ORS 135.265 unless the law enforcement agency first obtains: (a) A search warrant issued pursuant to ORS 133.545 authorizing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535; or (b) A court order under ORS 131A.060 directing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020. (2) After seizing cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution. (3) As used in this section, “law enforcement agency” has the meaning given that term in ORS 131A.005. [2015 c.493 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270, in order to obtain security release as described in ORS 135.265 unless the law enforcement agency first obtains: of this section, a law enforcement agency may not further transfer or distribute the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A search warrant issued pursuant to ORS 133.545 authorizing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A court order under ORS 131A.060 directing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "After seizing cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "As used in this section, “law enforcement agency” has the meaning given that term in ORS 131A.005. [2015 c.493 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.280", "name": "Arrest", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.280", "sectionName": "Arrest", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.280", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "warrant; forfeiture.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants. (3) If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties for the entire security amount set under ORS 135.265 and the costs of the proceedings. At any time before or after entry of the judgment, the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security deposit that the court ordered to be applied to child support under subsection (4) of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 is available for a reasonable period of time for disposition under subsection (4) of this section. (4) After entry of a judgment for the state, the court, upon a motion filed under ORS 25.715, may order that a portion of the security deposit be applied to any unsatisfied child support award owed by the defendant and to provide security for child support payments in accordance with ORS 25.230. The portion of the security deposit that may be applied to the child support award", "section that is owed to the state. (5) When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be entered in the register, and the clerk of the court shall note in the register that the judgment creates a judgment lien. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265, or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine Account, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to amounts deposited upon appearance under ORS 153.061. (6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection (4) of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section. (7) The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions"], "ors_citations": ["135.265", "25.715", "25.230", "153.061"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "warrant; forfeiture. (1) Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release. (2) A warrant issued under subsection (1) of this section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants. (3) If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties for the entire security amount set under ORS 135.265 and the costs of the proceedings. At any time before or after entry of the judgment, the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security deposit that the court ordered to be applied to child support under subsection (4) of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 is available for a reasonable period of time for disposition under subsection (4) of this section. (4) After entry of a judgment for the state, the court, upon a motion filed under ORS 25.715, may order that a portion of the security deposit be applied to any unsatisfied child support award owed by the defendant and to provide security for child support payments in accordance with ORS 25.230. The portion of the security deposit that may be applied to the child support award: (a) Is limited to the amount deposited under ORS 135.265 (2); (b) May not exceed 66 percent of the entire security amount set under ORS 135.265 if the deposit has been made under ORS 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. (5) When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be entered in the register, and the clerk of the court shall note in the register that the judgment creates a judgment lien. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265, or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine Account, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to amounts deposited upon appearance under ORS 153.061. (6) When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection (4) of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section. (7) The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions. [1973 c.836 §155; 1981 s.s. c.3 §113; 1983 c.763 §45; 1987 c.710 §1; 1987 c.905 §15; 1995 c.658 §74; 1997 c.801 §64; 1999 c.1051 §250; 2001 c.705 §2; 2001 c.829 §10b; 2003 c.576 §161; 2005 c.700 §5; 2011 c.597 §41]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Upon failure of a person to comply with any condition of a release agreement or personal recognizance, the court having jurisdiction may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty upon a personal recognizance, conditional or security release. of this section by a municipal judge may be executed by any peace officer authorized to execute arrest warrants.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A warrant issued under subsection ;", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "May not exceed 66 percent of the entire security amount set under ORS 135.265 if the deposit has been made under ORS 135.265", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. Notice of the order of forfeiture shall be given forthwith by personal service, by mail or by such other means as are reasonably calculated to bring to the attention of the defendant and, if applicable, of the sureties the order of forfeiture. If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant and, if applicable, the sureties for the entire security amount set under ORS 135.265 and the costs of the proceedings. At any time before or after entry of the judgment, the defendant or the sureties may apply to the court for a remission of the forfeiture or to modify or set aside the judgment. The court, upon good cause shown, may remit the forfeiture or any part thereof or may modify or set aside the judgment as in other criminal cases, except the portion of the security deposit that the court ordered to be applied to child support under subsection ; and of this section that is owed to the state.", "subsections": [{"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Does not reduce the money award in the judgment entered under subsection", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, as the court considers reasonable under the circumstances of the case. The court shall adopt procedures to ensure that the amount deposited under ORS 135.265 is available for a reasonable period of time for disposition under subsection of this section. After entry of a judgment for the state, the court, upon a motion filed under ORS 25.715, may order that a portion of the security deposit be applied to any unsatisfied child support award owed by the defendant and to provide security for child support payments in accordance with ORS 25.230. The portion of the security deposit that may be applied to the child support award: of this section, the clerk shall reduce, by the value of the deposit so forfeited, the debt remaining on the judgment and shall cause the amount on deposit to be transferred to the revenue account of the state or political subdivision thereof entitled to receive the proceeds of execution under this section.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Is limited to the amount deposited under ORS 135.265", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "When judgment is entered in favor of the state, or any political subdivision of the state, on any security given for a release, the judgment may be enforced as a judgment in a civil action. If entered in circuit court, the judgment shall be entered in the register, and the clerk of the court shall note in the register that the judgment creates a judgment lien. The district attorney, county counsel or city attorney may have execution issued on the judgment and deliver same to the sheriff to be executed by levy on the deposit or security amount made in accordance with ORS 135.265, or may collect the judgment as otherwise provided by law. The proceeds of any execution or collection shall be used to satisfy the judgment and costs and paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or paid over as directed by the State Court Administrator for deposit in the Criminal Fine Account, if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The provisions of this section shall not apply to amounts deposited upon appearance under ORS 153.061.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "When the judgment of forfeiture is entered, the security deposit or deposit with the clerk is, by virtue of the judgment alone and without requiring further execution, forfeited to and may be kept by the state or its appropriate political subdivision. Except as provided in subsection", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "The stocks, bonds, personal property and real property shall be sold in the same manner as in execution sales in civil actions and the proceeds of such sale shall be used to satisfy all court costs, prior encumbrances, if any, and from the balance a sufficient amount to satisfy the judgment shall be paid into the treasury of the municipal corporation wherein the security was taken if the offense was defined by an ordinance of a political subdivision of this state, or paid into the treasury of the county wherein the security was taken if the offense was defined by a statute of this state and the judgment was entered by a justice court, or deposited in the General Fund available for general governmental expenses if the offense was defined by a statute of this state and the judgment was entered by a circuit court. The balance shall be returned to the owner. The real property sold may be redeemed in the same manner as real estate may be redeemed after judicial or execution sales in civil actions. [1973 c.836 §155; 1981 s.s. c.3 §113; 1983 c.763 §45; 1987 c.710 §1; 1987 c.905 §15; 1995 c.658 §74; 1997 c.801 §64; 1999 c.1051 §250; 2001 c.705 §2; 2001 c.829 §10b; 2003 c.576 §161; 2005 c.700 §5; 2011 c.597 §41]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.285", "name": "ORS 135.285", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.285", "sectionName": "ORS 135.285", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.285", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Modification of release decision.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Modification of release decision. If circumstances concerning the defendant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release. [1973 c.836 §156; 1995 c.658 §75; 2013 c.151 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.290", "name": "ORS 135.290", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.290", "sectionName": "ORS 135.290", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.290", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Punishment by contempt of court.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.260", "135.247"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Punishment by contempt of court. (1) A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant’s breach is punishable by contempt. (2) A defendant may be punished by contempt if the defendant knowingly: (a) Breaches any of the regulations in the release agreement imposed pursuant to ORS 135.260; or (b) Violates an order entered under ORS 135.247. [1973 c.836 §157; 2011 c.232 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A supervisor of a defendant on conditional release who knowingly aids the defendant in breach of the conditional release or who knowingly fails to report the defendant’s breach is punishable by contempt.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A defendant may be punished by contempt if the defendant knowingly:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Breaches any of the regulations in the release agreement imposed pursuant to ORS 135.260; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Violates an order entered under ORS 135.247. [1973 c.836 §157; 2011 c.232 §2]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.295", "name": "ORS 135.295", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.295", "sectionName": "ORS 135.295", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.295", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Application of ORS 135.230 to 135.290 to certain traffic offenses. Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["Sec. 1. Pretrial release study. (1) The Oregon Criminal Justice Commission shall study pretrial release practices and outcomes in Oregon. (2) When performing the study described in subsection (1) of this section, the commission shall examine the following", "section may only be used for statistical purposes and not for any other purpose, and the data reports may not contain information that reveals the identity of any individual. Data collected by government agencies or held by the commission pursuant to this section that may reveal the identity of any individual is exempt from public disclosure in any manner", "Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2028"], "ors_citations": ["135.230", "135.290", "811.140", "813.010", "811.700", "811.705", "811.182", "811.540", "192.245"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Application of ORS 135.230 to 135.290 to certain traffic offenses. Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following: (1) Reckless driving under ORS 811.140. (2) Driving while under the influence of intoxicants under ORS 813.010. (3) Failure to perform the duties of a driver under ORS 811.700 or 811.705. (4) Criminal driving while suspended or revoked under ORS 811.182. (5) Fleeing or attempting to elude a police officer under ORS 811.540. [1974 c.35 §1; 1981 c.818 §3; 1983 c.338 §888; 1987 c.730 §5; 1991 c.208 §3] Note: Sections 1 and 2, chapter 61, Oregon Laws 2025, provide: Sec. 1. Pretrial release study. (1) The Oregon Criminal Justice Commission shall study pretrial release practices and outcomes in Oregon. (2) When performing the study described in subsection (1) of this section, the commission shall examine the following: (a) Aggregate data related to the pretrial phase of criminal proceedings; (b) Data regarding failures to appear for court hearings; (c) Demographic data of the pretrial release populations; and (d) Other data the commission deems relevant to pretrial proceedings, processes, practices and outcomes. (3) The commission shall submit a report detailing the results of the study to the interim committees of the Legislative Assembly related to the judiciary in the manner provided under ORS 192.245 no later than May 1, 2027. The report shall contain data aggregated at both the statewide and countywide level for each subject described in subsection (2) of this section. (4) The Judicial Department shall assist the commission in the performance of the study and, to the extent permitted by laws related to confidentiality, shall provide to the commission any information the commission considers necessary to perform the study. (5) Data reported pursuant to this section may only be used for statistical purposes and not for any other purpose, and the data reports may not contain information that reveals the identity of any individual. Data collected by government agencies or held by the commission pursuant to this section that may reveal the identity of any individual is exempt from public disclosure in any manner. [2025 c.61 §1] Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2028. [2025 c.61 §2] PLEADINGS (Defendant’s Answer Generally)", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Reckless driving under ORS 811.140. The Oregon Criminal Justice Commission shall study pretrial release practices and outcomes in Oregon. of this section, the commission shall examine the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Aggregate data related to the pretrial phase of criminal proceedings;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Data regarding failures to appear for court hearings;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Demographic data of the pretrial release populations; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Other data the commission deems relevant to pretrial proceedings, processes, practices and outcomes.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Driving while under the influence of intoxicants under ORS 813.010. When performing the study described in subsection of this section.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Failure to perform the duties of a driver under ORS 811.700 or 811.705. The commission shall submit a report detailing the results of the study to the interim committees of the Legislative Assembly related to the judiciary in the manner provided under ORS 192.245 no later than May 1, 2027. The report shall contain data aggregated at both the statewide and countywide level for each subject described in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Criminal driving while suspended or revoked under ORS 811.182. The Judicial Department shall assist the commission in the performance of the study and, to the extent permitted by laws related to confidentiality, shall provide to the commission any information the commission considers necessary to perform the study.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Fleeing or attempting to elude a police officer under ORS 811.540. [1974 c.35 §1; 1981 c.818 §3; 1983 c.338 §888; 1987 c.730 §5; 1991 c.208 §3] Note: Sections 1 and 2, chapter 61, Oregon Laws 2025, provide: Sec. 1. Pretrial release study. Data reported pursuant to this section may only be used for statistical purposes and not for any other purpose, and the data reports may not contain information that reveals the identity of any individual. Data collected by government agencies or held by the commission pursuant to this section that may reveal the identity of any individual is exempt from public disclosure in any manner. [2025 c.61 §1] Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2028. [2025 c.61 §2] PLEADINGS (Defendant’s Answer Generally)", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.305", "name": "Types", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.305", "sectionName": "Types", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.305", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of answer.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.380"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of answer. If the defendant does not require time, as provided in ORS 135.380, or if the defendant does, then on the next day or at such further day as the court may have allowed the defendant, the defendant may, in answer to the arraignment, move against the accusatory instrument or demur or plead thereto. [Formerly", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.310", "name": "ORS 135.310", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.310", "sectionName": "ORS 135.310", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.310", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Renumbered 135.040]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.040"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.040]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.315", "name": "Types", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.315", "sectionName": "Types", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.315", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of pleading.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of pleading. The only pleadings on the part of the defendant are the demurrer and plea. [Formerly", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.320", "name": "ORS 135.320", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.320", "sectionName": "ORS 135.320", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.320", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1961 c.696 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.045"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1961 c.696 §2; 1967 c.475 §2; 1973 c.836 §134; renumbered 135.045]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.325", "name": "ORS 135.325", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.325", "sectionName": "ORS 135.325", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.325", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Pleading a judgment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.450"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Pleading a judgment. In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary for the defendant to state the facts conferring jurisdiction; but the judgment, determination, or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 135.450]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.330", "name": "ORS 135.330", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.330", "sectionName": "ORS 135.330", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.330", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1961 c.698 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.055"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1961 c.698 §1; 1967 c.628 §1; 1971 c.677 §1; renumbered 135.055] (Plea)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.335", "name": "ORS 135.335", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.335", "sectionName": "ORS 135.335", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.335", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Pleading by defendant; conditional pleas.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Pleading by defendant; conditional pleas. (1) The kinds of plea to an indictment, information or complaint, or each count thereof, are: (a) Guilty. (b) Not guilty. (c) No contest. (2) A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice. (3) With the consent of the court and the state, a defendant may enter a conditional plea of guilty or no contest reserving, in writing, the right, on appeal from the judgment, to a review of an adverse determination of any specified pretrial motion. A defendant who finally prevails on appeal may withdraw the plea. [1973 c.836 §159; 1999 c.134 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The kinds of plea to an indictment, information or complaint, or each count thereof, are:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Guilty.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Not guilty.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "No contest.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "With the consent of the court and the state, a defendant may enter a conditional plea of guilty or no contest reserving, in writing, the right, on appeal from the judgment, to a review of an adverse determination of any specified pretrial motion. A defendant who finally prevails on appeal may withdraw the plea. [1973 c.836 §159; 1999 c.134 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.340", "name": "ORS 135.340", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.340", "sectionName": "ORS 135.340", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.340", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §136;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.060"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §136; renumbered 135.060]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.345", "name": "Legal", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.345", "sectionName": "Legal", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.345", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "effect of plea of no contest.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "effect of plea of no contest. A judgment following entry of a no contest plea is a conviction of the offense to which the plea is entered. [1973 c.836 §160]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.350", "name": "ORS 135.350", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.350", "sectionName": "ORS 135.350", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.350", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §137;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.065"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §137; renumbered 135.065]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.355", "name": "ORS 135.355", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.355", "sectionName": "ORS 135.355", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.355", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Presentation of plea; entry in register; forms.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.045"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Presentation of plea; entry in register; forms. (1) Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms: (a) “The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument.” (b) “The defendant pleads that defendant is not guilty of the offense charged in this accusatory instrument.” (c) “The defendant pleads no contest to the offense charged in this accusatory instrument.” (2) When a defendant enters a conditional plea of guilty or no contest, the entry in the register of the court shall so indicate. (3) For purposes of this section, an oral plea includes a plea made orally by means of simultaneous electronic transmission as described in ORS 131.045. [Formerly", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument.”", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“The defendant pleads that defendant is not guilty of the offense charged in this accusatory instrument.”", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“The defendant pleads no contest to the offense charged in this accusatory instrument.”", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When a defendant enters a conditional plea of guilty or no contest, the entry in the register of the court shall so indicate.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "For purposes of this section, an oral plea includes a plea made orally by means of simultaneous electronic transmission as described in ORS 131.045. [Formerly", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.360", "name": "ORS 135.360", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.360", "sectionName": "ORS 135.360", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.360", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Special provisions relating to presentation of plea of guilty or no contest.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section by simultaneous electronic transmission, as defined in ORS 131.045, without the agreement of the state or the defendant if the plea is entered at arraignment and the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant"], "ors_citations": ["131.045"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Special provisions relating to presentation of plea of guilty or no contest. (1) Except as provided in subsection (2) of this section, a plea of guilty or no contest to a crime punishable as a felony shall in all cases be put in by the defendant in person in open court unless upon an accusatory instrument against a corporation, in which case it may be put in by counsel. (2) Any circuit judge may, within any county in the own district of the judge other than the county where the accusation is pending, accept pleas of guilty or no contest from persons charged with a crime punishable as a felony and pass sentence thereon upon written request of the accused and the attorney of the accused and upon not less than one day’s notice to the district attorney. Judgments based upon such pleas and sentences entered upon the pleas are as effective as though heard and determined in open court in the county where the accusation is pending. Judges accepting the pleas shall transmit the pleas to the clerk of the court in the county where the accusation is pending, whereupon the clerk shall file and enter the pleas to become effective from the date of filing. (3) A judge may accept a plea of guilty or no contest under subsection (1) of this section by simultaneous electronic transmission, as defined in ORS 131.045, without the agreement of the state or the defendant if the plea is entered at arraignment and the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsection of this section by simultaneous electronic transmission, as defined in ORS 131.045, without the agreement of the state or the defendant if the plea is entered at arraignment and the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section, a plea of guilty or no contest to a crime punishable as a felony shall in all cases be put in by the defendant in person in open court unless upon an accusatory instrument against a corporation, in which case it may be put in by counsel. Any circuit judge may, within any county in the own district of the judge other than the county where the accusation is pending, accept pleas of guilty or no contest from persons charged with a crime punishable as a felony and pass sentence thereon upon written request of the accused and the attorney of the accused and upon not less than one day’s notice to the district attorney. Judgments based upon such pleas and sentences entered upon the pleas are as effective as though heard and determined in open court in the county where the accusation is pending. Judges accepting the pleas shall transmit the pleas to the clerk of the court in the county where the accusation is pending, whereupon the clerk shall file and enter the pleas to become effective from the date of filing.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A judge may accept a plea of guilty or no contest under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.365", "name": "ORS 135.365", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.365", "sectionName": "ORS 135.365", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.365", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Withdrawal of plea of guilty or no contest.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.850"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Withdrawal of plea of guilty or no contest. The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of not guilty substituted therefor. [Formerly 135.850]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.370", "name": "Not", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.370", "sectionName": "Not", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.370", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "guilty plea as denial of allegations of accusatory instrument.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "guilty plea as denial of allegations of accusatory instrument. The plea of not guilty controverts and is a denial of every material allegation in the accusatory instrument. [Formerly", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.375", "name": "ORS 135.375", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.375", "sectionName": "ORS 135.375", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.375", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Pleading to offenses in other counties.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section is the same for all purposes as a judgment of the court of the responding county"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Pleading to offenses in other counties. (1) As used in this section: (a) “Initiating county” means the county in which the defendant appears for the purpose of entering a plea to a criminal charge. (b) “Responding county” means a county in which another criminal charge is pending against the defendant entering a plea in the initiating county. (2) Upon entry of a plea of guilty or no contest, or after conviction on a plea of not guilty, if a charge is pending against the defendant for a crime that is within the jurisdiction of a coordinate court of a responding county in the state, the defendant may state in writing that the defendant desires: (a) To waive venue and trial in the responding county; (b) To waive indictment by the grand jury of the responding county; (c) To plead guilty or no contest; and (d) To consent to disposition of the case by the court in the initiating county. (3) Upon receipt of the request and the written approval of the district attorney of the initiating county, the clerk of the court of the initiating county shall notify the court and the district attorney of the responding county. (4) Upon receipt of written approval from the district attorney of the responding county, the court of the initiating county may allow the defendant to enter the plea. (5) The original judgment entered by the court of the initiating county after the defendant enters a plea under subsection (4) of this section is the same for all purposes as a judgment of the court of the responding county. [1973 c.836 §165; 1991 c.111 §11; 2017 c.252 §15]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Initiating county” means the county in which the defendant appears for the purpose of entering a plea to a criminal charge.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Responding county” means a county in which another criminal charge is pending against the defendant entering a plea in the initiating county.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Upon entry of a plea of guilty or no contest, or after conviction on a plea of not guilty, if a charge is pending against the defendant for a crime that is within the jurisdiction of a coordinate court of a responding county in the state, the defendant may state in writing that the defendant desires:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "To waive venue and trial in the responding county;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "To waive indictment by the grand jury of the responding county;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "To plead guilty or no contest; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "To consent to disposition of the case by the court in the initiating county.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Upon receipt of the request and the written approval of the district attorney of the initiating county, the clerk of the court of the initiating county shall notify the court and the district attorney of the responding county.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Upon receipt of written approval from the district attorney of the responding county, the court of the initiating county may allow the defendant to enter the plea. of this section is the same for all purposes as a judgment of the court of the responding county. [1973 c.836 §165; 1991 c.111 §11; 2017 c.252 §15]", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The original judgment entered by the court of the initiating county after the defendant enters a plea under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.380", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.380", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.380", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of entering plea; aid of counsel.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.305", "135.325", "135.335", "135.355", "135.360", "135.375"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of entering plea; aid of counsel. (1) A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel. (2) A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment. (3) Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 to 135.325, 135.335, 135.355, 135.360 and 135.375, the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 §166; 2001 c.635 §13]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A defendant shall not be required to plead to an offense punishable by imprisonment until the defendant is represented by counsel, unless the defendant knowingly waives the right of the defendant to counsel.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A defendant may plead guilty or no contest on the day of arraignment or any time thereafter except that a defendant without counsel shall not be allowed to plead guilty or no contest to a felony on the day of arraignment.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Upon completion of the arraignment, unless the defendant enters a plea in the manner provided in ORS 135.305 to 135.325, 135.335, 135.355, 135.360 and 135.375, the defendant shall be considered to have entered a plea of not guilty. [1973 c.836 §166; 2001 c.635 §13]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.385", "name": "ORS 135.385", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.385", "sectionName": "ORS 135.385", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.385", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Defendant to be advised by court; inquiry into immigration status prohibited.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.405", "135.230", "366.931"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Defendant to be advised by court; inquiry into immigration status prohibited. (1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge. (2) The court shall inform the defendant: (a) That by a plea of guilty or no contest the defendant waives the right: (A) To trial by jury; (B) Of confrontation; and (C) Against self-incrimination. (b) Of the maximum possible sentence on the charge, including the maximum possible sentence from consecutive sentences. (c) When the offense charged is one for which a different or additional penalty is authorized by reason of the fact that the defendant may be adjudged a dangerous offender, that this fact may be established after a plea in the present action, thereby subjecting the defendant to different or additional penalty. (d) That if the defendant is not a citizen of the United States conviction of a crime may result, under the laws of the United States, in removal proceedings, deportation, exclusion from admission to the United States or denial of naturalization. (e) That if the defendant is entering a guilty plea pursuant to a plea offer and agreed disposition recommendation under ORS 135.405, the court will agree to impose sentence as provided in the agreed disposition recommendation. (f) That if the defendant enters a plea of guilty or no contest to an offense involving domestic violence, as defined in ORS 135.230, and is convicted of the offense, federal law may prohibit the defendant from possessing, receiving, shipping or transporting any firearm or firearm ammunition and that the conviction may negatively affect the defendant’s ability to serve in the Armed Forces of the United States as defined in ORS 366.931 or to be employed in law enforcement. (3) At the time of the plea, including while informing the defendant under subsection (2)(d) of this section, the court may not inquire into the defendant’s immigration status or require the defendant to disclose the defendant’s immigration status. (4) After informing the defendant under subsection (2)(d) of this section, upon the defendant’s request, the court shall allow the defendant additional time to consider the decision to enter a plea of guilty or no contest. [1973 c.836 §167; 1979 c.118 §1; 2001 c.635 §12; 2007 c.220 §1; 2019 c.384 §13; 2019 c.437 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of the charge.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The court shall inform the defendant: (d) of this section, the court may not inquire into the defendant’s immigration status or require the defendant to disclose the defendant’s immigration status. (d) of this section, upon the defendant’s request, the court shall allow the defendant additional time to consider the decision to enter a plea of guilty or no contest. [1973 c.836 §167; 1979 c.118 §1; 2001 c.635 §12; 2007 c.220 §1; 2019 c.384 §13; 2019 c.437 §1]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "That by a plea of guilty or no contest the defendant waives the right:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "To trial by jury;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Of confrontation; and", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Against self-incrimination.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Of the maximum possible sentence on the charge, including the maximum possible sentence from consecutive sentences.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "When the offense charged is one for which a different or additional penalty is authorized by reason of the fact that the defendant may be adjudged a dangerous offender, that this fact may be established after a plea in the present action, thereby subjecting the defendant to different or additional penalty.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "That if the defendant is not a citizen of the United States conviction of a crime may result, under the laws of the United States, in removal proceedings, deportation, exclusion from admission to the United States or denial of naturalization.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "That if the defendant is entering a guilty plea pursuant to a plea offer and agreed disposition recommendation under ORS 135.405, the court will agree to impose sentence as provided in the agreed disposition recommendation.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "That if the defendant enters a plea of guilty or no contest to an offense involving domestic violence, as defined in ORS 135.230, and is convicted of the offense, federal law may prohibit the defendant from possessing, receiving, shipping or transporting any firearm or firearm ammunition and that the conviction may negatively affect the defendant’s ability to serve in the Armed Forces of the United States as defined in ORS 366.931 or to be employed in law enforcement.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "At the time of the plea, including while informing the defendant under subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "After informing the defendant under subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.390", "name": "ORS 135.390", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.390", "sectionName": "ORS 135.390", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.390", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Determining voluntariness of plea; nature of plea agreement.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.365", "135.405"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Determining voluntariness of plea; nature of plea agreement. (1) The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made. (2) The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a plea agreement, the court shall determine the nature of the agreement. (3) If the plea agreement includes an agreement that the district attorney will seek or not oppose dismissal of a charge in exchange for the defendant’s plea of guilty or no contest to another charge, the court may not accept the plea of guilty or no contest unless: (a) The agreement includes a written provision that indicates whether the court is required to reinstate charges that are dismissed pursuant to the agreement if the plea of guilty or no contest is withdrawn under ORS 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 limitations and any statutory or constitutional speedy trial or double jeopardy rights, applicable to the dismissed charges. (4) If the district attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court shall advise the defendant personally that the recommendations of the district attorney are not binding on the court. (5)(a) If the district attorney has provided a plea offer and agreed disposition recommendation to the defendant as provided in ORS 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. Except as otherwise provided in paragraph (b) of this subsection, if the court finds that the plea is voluntarily made, the court shall impose sentence as provided in the agreed disposition recommendation. (b) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the defendant an opportunity to withdraw the plea. [1973 c.836 §168; 2001 c.635 §11; 2009 c.356 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a plea agreement, the court shall determine the nature of the agreement.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the plea agreement includes an agreement that the district attorney will seek or not oppose dismissal of a charge in exchange for the defendant’s plea of guilty or no contest to another charge, the court may not accept the plea of guilty or no contest unless:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The agreement includes a written provision that indicates whether the court is required to reinstate charges that are dismissed pursuant to the agreement if the plea of guilty or no contest is withdrawn under ORS 135.365 or the judgment of conviction is subsequently reversed, vacated or set aside; and of this subsection, the defendant has provided the court with a written waiver of the statute of limitations and any statutory or constitutional speedy trial or double jeopardy rights, applicable to the dismissed charges.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the agreement requires the court to reinstate charges under the circumstances described in paragraph", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If the district attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court shall advise the defendant personally that the recommendations of the district attorney are not binding on the court.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "(a) If the district attorney has provided a plea offer and agreed disposition recommendation to the defendant as provided in ORS 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. Except as otherwise provided in paragraph", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "of this subsection, if the court finds that the plea is voluntarily made, the court shall impose sentence as provided in the agreed disposition recommendation. If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the defendant an opportunity to withdraw the plea. [1973 c.836 §168; 2001 c.635 §11; 2009 c.356 §1]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.395", "name": "ORS 135.395", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.395", "sectionName": "ORS 135.395", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.395", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Determining accuracy of plea.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Determining accuracy of plea. After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. [1973 c.836 §169] (Plea Discussions and Agreements)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.405", "name": "Plea", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.405", "sectionName": "Plea", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.405", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "discussions and plea agreements.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.415", "135.418", "135.941"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "discussions and plea agreements. (1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 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. (2) The district attorney shall engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when, as a matter of record, the defendant has effectively waived the right of the defendant to counsel or, if the defendant is not eligible for appointed counsel, has not retained counsel. (3) The district attorney in reaching a plea agreement may agree to, but is not limited to, one or more of the following, as required by the circumstances of the individual case: (a) To make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or no contest to the offense charged; (b) To seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or no contest to another offense reasonably related to the defendant’s conduct; or (c) To seek or not to oppose dismissal of other charges or to refrain from bringing potential charges if the defendant enters a plea of guilty or no contest to the offense charged. (4) Similarly situated defendants should be afforded equal plea agreement opportunities. (5)(a) A district attorney may provide a plea offer and agreed disposition recommendation to the defendant at the time of arraignment or first appearance of the defendant for a crime in open court under an early disposition program established under ORS 135.941. (b) Unless extended by the court, a plea offer and agreed disposition recommendation made under paragraph (a) of this subsection expire upon completion of the arraignment. Except for good cause, a court may not extend a plea offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony. [1973 c.836 §170; 2001 c.635 §10; 2001 c.962 §79; 2013 c.525 §2; 2017 c.650 §8; 2018 c.37 §5]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The district attorney shall engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when, as a matter of record, the defendant has effectively waived the right of the defendant to counsel or, if the defendant is not eligible for appointed counsel, has not retained counsel.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The district attorney in reaching a plea agreement may agree to, but is not limited to, one or more of the following, as required by the circumstances of the individual case:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "To make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or no contest to the offense charged;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "To seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or no contest to another offense reasonably related to the defendant’s conduct; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "To seek or not to oppose dismissal of other charges or to refrain from bringing potential charges if the defendant enters a plea of guilty or no contest to the offense charged.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Similarly situated defendants should be afforded equal plea agreement opportunities.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "(a) A district attorney may provide a plea offer and agreed disposition recommendation to the defendant at the time of arraignment or first appearance of the defendant for a crime in open court under an early disposition program established under ORS 135.941.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Unless extended by the court, a plea offer and agreed disposition recommendation made under paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection expire upon completion of the arraignment. Except for good cause, a court may not extend a plea offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony. [1973 c.836 §170; 2001 c.635 §10; 2001 c.962 §79; 2013 c.525 §2; 2017 c.650 §8; 2018 c.37 §5]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.406", "name": "ORS 135.406", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.406", "sectionName": "ORS 135.406", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.406", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1997 c.313 §3;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1997 c.313 §3; repealed by 2009 c.178 §35]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.407", "name": "Plea", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.407", "sectionName": "Plea", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.407", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "agreement must contain defendant’s criminal history classification; stipulations. In cases arising from felonies committed on or after November 1, 1989:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "agreement must contain defendant’s criminal history classification; stipulations. In cases arising from felonies committed on or after November 1, 1989: (1) Whenever a plea agreement is presented to the sentencing judge, the defendant’s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately represented to the trial judge in the plea agreement. If a controversy exists as to whether a prior conviction or juvenile adjudication should be included in the defendant’s criminal history, or as to its classification under rules of the Oregon Criminal Justice Commission, the district attorney and the defendant may stipulate to the inclusion, exclusion or classification of the conviction or adjudication as part of the plea agreement subject to approval of the court. (2) The district attorney and the defendant may stipulate to the grid block classification within the sentencing guidelines grid established by the rules of the Oregon Criminal Justice Commission that will provide the presumptive sentence range for the offender. The sentencing judge may accept the stipulated classification and impose the presumptive sentence provided in the rules of the Oregon Criminal Justice Commission for that grid block. (3) If the district attorney and the defendant stipulate to a grid block classification within the sentencing guidelines grid, and the sentencing judge accepts the stipulated classification but imposes a sentence other than the presumptive sentence provided by rules of the Oregon Criminal Justice Commission, the sentence is a departure sentence and is subject to rules of the Oregon Criminal Justice Commission related to departures. (4) The district attorney and defendant may stipulate to a specific sentence within the presumptive range provided by rules of the Oregon Criminal Justice Commission for the stipulated offender classification. If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence. (5) The district attorney and the defendant may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification. The sentencing judge may accept an agreement for an optional probationary sentence or a departure sentence as provided in rules of the Oregon Criminal Justice Commission. [1989 c.790 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Whenever a plea agreement is presented to the sentencing judge, the defendant’s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately represented to the trial judge in the plea agreement. If a controversy exists as to whether a prior conviction or juvenile adjudication should be included in the defendant’s criminal history, or as to its classification under rules of the Oregon Criminal Justice Commission, the district attorney and the defendant may stipulate to the inclusion, exclusion or classification of the conviction or adjudication as part of the plea agreement subject to approval of the court.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The district attorney and the defendant may stipulate to the grid block classification within the sentencing guidelines grid established by the rules of the Oregon Criminal Justice Commission that will provide the presumptive sentence range for the offender. The sentencing judge may accept the stipulated classification and impose the presumptive sentence provided in the rules of the Oregon Criminal Justice Commission for that grid block.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the district attorney and the defendant stipulate to a grid block classification within the sentencing guidelines grid, and the sentencing judge accepts the stipulated classification but imposes a sentence other than the presumptive sentence provided by rules of the Oregon Criminal Justice Commission, the sentence is a departure sentence and is subject to rules of the Oregon Criminal Justice Commission related to departures.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The district attorney and defendant may stipulate to a specific sentence within the presumptive range provided by rules of the Oregon Criminal Justice Commission for the stipulated offender classification. If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The district attorney and the defendant may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification. The sentencing judge may accept an agreement for an optional probationary sentence or a departure sentence as provided in rules of the Oregon Criminal Justice Commission. [1989 c.790 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.410", "name": "ORS 135.410", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.410", "sectionName": "ORS 135.410", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.410", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.415", "name": "ORS 135.415", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.415", "sectionName": "ORS 135.415", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.415", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Criteria to be considered in plea discussions and plea agreements. In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Criteria to be considered in plea discussions and plea agreements. In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations: (1) The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant. (2) The defendant has acknowledged guilt and shown a willingness to assume responsibility for the conduct of the defendant. (3) The concessions made by the state will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction. (4) The defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial. (5) The defendant has given or offered cooperation when the cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct. (6) The defendant by the plea of the defendant has aided in avoiding delay in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. [1973 c.836 §171]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The defendant has acknowledged guilt and shown a willingness to assume responsibility for the conduct of the defendant.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The concessions made by the state will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The defendant has given or offered cooperation when the cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The defendant by the plea of the defendant has aided in avoiding delay in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. [1973 c.836 §171]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.418", "name": "ORS 135.418", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.418", "sectionName": "ORS 135.418", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.418", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Prohibited plea agreement provisions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section in a plea agreement is contrary to public policy and is void and unenforceable. (3) As used in this section"], "ors_citations": ["135.815", "132.270", "421.168", "421.120", "421.121", "137.750", "137.225"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Prohibited plea agreement provisions. (1) A prosecuting attorney may not condition a defendant’s plea offer on: (a) The defendant’s waiver of: (A) The disclosure obligation of ORS 135.815 (1)(g). (B) The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270, if the indictment has been indorsed “a true bill.” (C) Eligibility for transitional leave under ORS 421.168. (D) Eligibility for a reduction in the term of incarceration under ORS 421.120 or 421.121. (E) Eligibility for any reduction in sentence, leave or release from custody or any other program for which the executing or releasing authority may consider the defendant, including programs for which the executing or releasing authority determines eligibility and programs for which consideration must be ordered by the sentencing court under ORS 137.750. (F) The ability to set aside the conviction under ORS 137.225. (b) A requirement that the defendant or the defense attorney stipulate to the unconstitutionality of an existing law. (2)(a) A plea agreement may not contain a provision prohibited by subsection (1) of this section. (b) A prohibited provision described in subsection (1) of this section in a plea agreement is contrary to public policy and is void and unenforceable. (3) As used in this section, “executing or releasing authority” has the meaning given that term in ORS 137.750. [2018 c.37 §2; 2019 c.684 §1; 2021 c.486 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A prosecuting attorney may not condition a defendant’s plea offer on: (g). of this section. of this section in a plea agreement is contrary to public policy and is void and unenforceable.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The defendant’s waiver of:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The disclosure obligation of ORS 135.815", "subsections": []}]}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The ability to receive the audio recording of grand jury proceedings as permitted under ORS 132.270, if the indictment has been indorsed “a true bill.”", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Eligibility for transitional leave under ORS 421.168.", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Eligibility for a reduction in the term of incarceration under ORS 421.120 or 421.121.", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "Eligibility for any reduction in sentence, leave or release from custody or any other program for which the executing or releasing authority may consider the defendant, including programs for which the executing or releasing authority determines eligibility and programs for which consideration must be ordered by the sentencing court under ORS 137.750.", "subsections": []}, {"label": "(F)", "token": "F", "kind": "alpha_upper", "text": "The ability to set aside the conviction under ORS 137.225.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A requirement that the defendant or the defense attorney stipulate to the unconstitutionality of an existing law. A prohibited provision described in subsection", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) A plea agreement may not contain a provision prohibited by subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "As used in this section, “executing or releasing authority” has the meaning given that term in ORS 137.750. [2018 c.37 §2; 2019 c.684 §1; 2021 c.486 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.420", "name": "ORS 135.420", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.420", "sectionName": "ORS 135.420", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.420", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §158;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.305"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §158; renumbered 135.305]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.425", "name": "Responsibilities", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.425", "sectionName": "Responsibilities", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.425", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of defense counsel.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of defense counsel. (1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant. (2) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.430", "name": "ORS 135.430", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.430", "sectionName": "ORS 135.430", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.430", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Renumbered 135.315]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.315"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.315]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.432", "name": "Judge", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.432", "sectionName": "Judge", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.432", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "involvement in plea discussions; responsibilities of trial judge.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["147.512", "135.415"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "involvement in plea discussions; responsibilities of trial judge. (1)(a) The trial judge may not participate in plea discussions, except: (A) To inquire of the parties about the status of any discussions; (B) To participate in a tentative plea agreement as provided in subsections (2) to (4) of this section; (C) To make the inquiries required by ORS 147.512; or (D) As provided in subsection (5) of this section. (b) Any other judge, at the request of both the prosecution and the defense, or at the direction of the presiding judge, may participate in plea discussions. Participation by a judge in the plea discussion process shall be advisory, and shall in no way bind the parties. If no plea is entered pursuant to these discussions, the advice of the participating judge shall not be reported to the trial judge. If the discussion results in a plea of guilty or no contest, the parties, if they both agree to do so, may proceed with the plea before a judge involved in the discussion. This plea may be entered pursuant to a tentative plea agreement as provided in subsections (2) to (4) of this section. (2) If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or no contest in the expectation that charge or sentence concessions will be granted, the trial judge, upon request of the parties, may permit the disclosure to the trial judge of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. The trial judge may then advise the district attorney and defense counsel whether the trial judge will concur in the proposed disposition if the information in the presentence report or other information available at the time for sentencing is consistent with the representations made to the trial judge. (3) If the trial judge concurs, but later decides that the final disposition of the case should not include the sentence concessions contemplated by the plea agreement, the trial judge shall so advise the defendant and allow the defendant a reasonable period of time in which to either affirm or withdraw a plea of guilty or no contest. (4) When a plea of guilty or no contest is tendered or received as a result of a prior plea agreement, the trial judge shall give the agreement due consideration, but notwithstanding its existence, the trial judge is not bound by it, and may reach an independent decision on whether to grant sentence concessions under the criteria set forth in ORS 135.415. (5) With the consent of the parties and upon receipt of a written waiver executed by the defendant, the trial judge may participate in plea discussions. [1973 c.836 §173; 1987 c.202 §1; 1997 c.313 §4; 2009 c.178 §33]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) The trial judge may not participate in plea discussions, except:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "To inquire of the parties about the status of any discussions;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "To participate in a tentative plea agreement as provided in subsections", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "to If a tentative plea agreement has been reached which contemplates entry of a plea of guilty or no contest in the expectation that charge or sentence concessions will be granted, the trial judge, upon request of the parties, may permit the disclosure to the trial judge of the tentative agreement and the reasons therefor in advance of the time for tender of the plea. The trial judge may then advise the district attorney and defense counsel whether the trial judge will concur in the proposed disposition if the information in the presentence report or other information available at the time for sentencing is consistent with the representations made to the trial judge.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section; of this section. When a plea of guilty or no contest is tendered or received as a result of a prior plea agreement, the trial judge shall give the agreement due consideration, but notwithstanding its existence, the trial judge is not bound by it, and may reach an independent decision on whether to grant sentence concessions under the criteria set forth in ORS 135.415.", "subsections": [{"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "To make the inquiries required by ORS 147.512; or", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "As provided in subsection", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "of this section. With the consent of the parties and upon receipt of a written waiver executed by the defendant, the trial judge may participate in plea discussions. [1973 c.836 §173; 1987 c.202 §1; 1997 c.313 §4; 2009 c.178 §33]", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any other judge, at the request of both the prosecution and the defense, or at the direction of the presiding judge, may participate in plea discussions. Participation by a judge in the plea discussion process shall be advisory, and shall in no way bind the parties. If no plea is entered pursuant to these discussions, the advice of the participating judge shall not be reported to the trial judge. If the discussion results in a plea of guilty or no contest, the parties, if they both agree to do so, may proceed with the plea before a judge involved in the discussion. This plea may be entered pursuant to a tentative plea agreement as provided in subsections", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the trial judge concurs, but later decides that the final disposition of the case should not include the sentence concessions contemplated by the plea agreement, the trial judge shall so advise the defendant and allow the defendant a reasonable period of time in which to either affirm or withdraw a plea of guilty or no contest.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.435", "name": "ORS 135.435", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.435", "sectionName": "ORS 135.435", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.435", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Discussion and agreement not admissible.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall not apply if, subsequent to the plea discussions or plea agreement, the defendant enters a plea of guilty or no contest which is not withdrawn"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Discussion and agreement not admissible. (1) Except as provided in subsection (2) of this section, none of the following shall be received in evidence for or against a defendant in any criminal or civil action or administrative proceeding: (a) The fact that the defendant or the counsel of the defendant and the district attorney engaged in plea discussions. (b) The fact that the defendant or the attorney of the defendant made a plea agreement with the district attorney. (c) Any statement or admission made by the defendant or the attorney of the defendant to the district attorney and as a part of the plea discussion or agreement. (2) The provisions of subsection (1) of this section shall not apply if, subsequent to the plea discussions or plea agreement, the defendant enters a plea of guilty or no contest which is not withdrawn. [1973 c.836 §174]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsection of this section shall not apply if, subsequent to the plea discussions or plea agreement, the defendant enters a plea of guilty or no contest which is not withdrawn. [1973 c.836 §174]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section, none of the following shall be received in evidence for or against a defendant in any criminal or civil action or administrative proceeding: The provisions of subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The fact that the defendant or the counsel of the defendant and the district attorney engaged in plea discussions.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The fact that the defendant or the attorney of the defendant made a plea agreement with the district attorney.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Any statement or admission made by the defendant or the attorney of the defendant to the district attorney and as a part of the plea discussion or agreement.", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.440", "name": "ORS 135.440", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.440", "sectionName": "ORS 135.440", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.440", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.445", "name": "ORS 135.445", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.445", "sectionName": "ORS 135.445", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.445", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Withdrawn plea or statement not admissible.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Withdrawn plea or statement not admissible. (1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding. (2) No statement or admission made by a defendant or the attorney of the defendant during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the defendant in any criminal proceeding. [1973 c.836 §175]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "No statement or admission made by a defendant or the attorney of the defendant during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the defendant in any criminal proceeding. [1973 c.836 §175]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.450", "name": "ORS 135.450", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.450", "sectionName": "ORS 135.450", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.450", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Renumbered 135.325] (Related Procedure)", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.325"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 135.325] (Related Procedure)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.455", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.455", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.455", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.875"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice. (1) If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the purpose to offer such evidence, which notice shall state specifically the place or places where the defendant claims to have been at the time or times of the alleged offense together with the name and residence or business address of each witness upon whom the defendant intends to rely for alibi evidence. If the defendant fails to file and serve such notice, the defendant shall not be permitted to introduce alibi evidence at the trial of the cause unless the court for good cause orders otherwise. (2) As used in this section “alibi evidence” means evidence that the defendant in a criminal action was, at the time of commission of the alleged offense, at a place other than the place where such offense was committed. [Formerly 135.875]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the purpose to offer such evidence, which notice shall state specifically the place or places where the defendant claims to have been at the time or times of the alleged offense together with the name and residence or business address of each witness upon whom the defendant intends to rely for alibi evidence. If the defendant fails to file and serve such notice, the defendant shall not be permitted to introduce alibi evidence at the trial of the cause unless the court for good cause orders otherwise.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As used in this section “alibi evidence” means evidence that the defendant in a criminal action was, at the time of commission of the alleged offense, at a place other than the place where such offense was committed. [Formerly 135.875]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.460", "name": "ORS 135.460", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.460", "sectionName": "ORS 135.460", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.460", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.465", "name": "Defect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.465", "sectionName": "Defect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.465", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "in accusatory instrument as affecting acquittal on merits.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.880"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "in accusatory instrument as affecting acquittal on merits. When the defendant is acquitted on the merits, the defendant is considered acquitted of the offense charged in the accusatory instrument, notwithstanding a defect in form or substance in the accusatory instrument on which the defendant is acquitted. [Formerly 135.880] PRETRIAL MOTIONS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.470", "name": "Motion", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.470", "sectionName": "Motion", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.470", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "to dismiss accusatory instrument on grounds of former jeopardy.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.520", "135.530"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to dismiss accusatory instrument on grounds of former jeopardy. (1) The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged. (2) The time of making the motion and its effect shall be as provided for a motion to set aside the indictment in ORS 135.520 and 135.530. (3) An order to dismiss the accusatory instrument on grounds of former jeopardy is a bar to a future prosecution of the defendant for the offense charged in the accusatory instrument. [1973 c.836 §177]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The time of making the motion and its effect shall be as provided for a motion to set aside the indictment in ORS 135.520 and 135.530.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "An order to dismiss the accusatory instrument on grounds of former jeopardy is a bar to a future prosecution of the defendant for the offense charged in the accusatory instrument. [1973 c.836 §177]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.510", "name": "ORS 135.510", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.510", "sectionName": "ORS 135.510", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.510", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Grounds for motion to set aside the indictment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not apply if the absence of a witness"], "ors_citations": ["132.360", "132.400", "132.430", "132.580"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Grounds for motion to set aside the indictment. (1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: (a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580. (b) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon. (2) Subsection (1)(b) of this section does not apply if the absence of a witness’s name is permitted under ORS 132.580. [Amended by 1959 c.426 §2; 1973 c.836 §178; 2019 c.338 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: (b) of this section does not apply if the absence of a witness’s name is permitted under ORS 132.580. [Amended by 1959 c.426 §2; 1973 c.836 §178; 2019 c.338 §3]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.520", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.520", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.520", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of making motion;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of making motion; hearing. A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within 10 days thereafter, unless for good cause the court allows additional time. If not so made, the defendant is precluded from afterwards taking the objections to the indictment or accusatory instrument. [Amended by 1973 c.836 §179]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.530", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.530", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.530", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of allowance of motion.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of allowance of motion. (1) If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if the defendant has been released, that the release agreement be discharged and the security deposit be refunded as provided by law, unless the court allows the case to be refiled or resubmitted to the same or another grand jury. (2) If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be released from custody or the release agreement discharged or the security deposit returned. [Amended by 1973 c.836 §180]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if the defendant has been released, that the release agreement be discharged and the security deposit be refunded as provided by law, unless the court allows the case to be refiled or resubmitted to the same or another grand jury.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be released from custody or the release agreement discharged or the security deposit returned. [Amended by 1973 c.836 §180]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.540", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.540", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.540", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of resubmission of case. Subject to the limitations of ORS 135.530", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.530"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of resubmission of case. Subject to the limitations of ORS 135.530 (2), if the court allows the case to be resubmitted or refiled, the defendant, if then in custody, shall so remain, unless the defendant is released as provided by law. If the defendant has already been released, the release agreement or any security deposited as provided by law, shall continue to insure the appearance of the defendant to answer a new indictment or information, if one is filed. [Amended by 1973 c.836 §181]", "subsections": [{"label": "(2)", "token": "2", "kind": "numeric", "text": ", if the court allows the case to be resubmitted or refiled, the defendant, if then in custody, shall so remain, unless the defendant is released as provided by law. If the defendant has already been released, the release agreement or any security deposited as provided by law, shall continue to insure the appearance of the defendant to answer a new indictment or information, if one is filed. [Amended by 1973 c.836 §181]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.550", "name": "ORS 135.550", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.550", "sectionName": "ORS 135.550", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.550", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.560", "name": "Order", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.560", "sectionName": "Order", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.560", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "to set aside is no bar to future prosecution.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to set aside is no bar to future prosecution. Except for an order dismissing an accusatory instrument on grounds of former jeopardy, an order to set aside an indictment or to dismiss an accusatory instrument is no bar to a future prosecution for the same crime. [Amended by 1973 c.836 §182] DEMURRERS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.610", "name": "ORS 135.610", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.610", "sectionName": "ORS 135.610", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.610", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Demurrer; generally.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Demurrer; generally. (1) The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. (2) The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument. [Amended by 1973 c.836 §183]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument. [Amended by 1973 c.836 §183]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.620", "name": "ORS 135.620", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.620", "sectionName": "ORS 135.620", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.620", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.630", "name": "ORS 135.630", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.630", "sectionName": "ORS 135.630", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.630", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Grounds of demurrer. The defendant may demur to the accusatory instrument when it appears upon the face thereof:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.510", "132.560", "135.713", "135.715", "135.717"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Grounds of demurrer. The defendant may demur to the accusatory instrument when it appears upon the face thereof: (1) If the accusatory instrument is an indictment, that the grand jury by which it was found had no legal authority to inquire into the crime charged because the same is not triable within the county; (2) If the accusatory instrument is an indictment, that it does not substantially conform to the requirements of ORS 132.510 to 132.560, 135.713, 135.715, 135.717 to", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the accusatory instrument is an indictment, that the grand jury by which it was found had no legal authority to inquire into the crime charged because the same is not triable within the county;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the accusatory instrument is an indictment, that it does not substantially conform to the requirements of ORS 132.510 to 132.560, 135.713, 135.715, 135.717 to", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.640", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.640", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.640", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "objections that are grounds for demurrer may be taken.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.630"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "objections that are grounds for demurrer may be taken. When the objections mentioned in ORS 135.630 appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute an offense, may be taken at the trial, under the plea of not guilty and in arrest of judgment. [Amended by 1973 c.836 §185]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.650", "name": "ORS 135.650", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.650", "sectionName": "ORS 135.650", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.650", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Hearing of objections specified by demurrer.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Hearing of objections specified by demurrer. Upon the filing of the demurrer, the objections presented thereby shall be heard either immediately or at such time as the court may direct.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.660", "name": "ORS 135.660", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.660", "sectionName": "ORS 135.660", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.660", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Judgment on demurrer;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Judgment on demurrer; entry in register. Upon considering the demurrer, the court shall give judgment, either allowing or disallowing it, and an entry to that effect shall be made in the register. [Amended by 1985 c.540 §33]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.670", "name": "ORS 135.670", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.670", "sectionName": "ORS 135.670", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.670", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Allowance of demurrer.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.680"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Allowance of demurrer. (1) If the demurrer is allowed, the judgment is final upon the accusatory instrument demurred to and is a bar to another action for the same crime unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new accusatory instrument, allows the case to be resubmitted or refiled. (2) If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680. [Amended by 1973 c.836 §186]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the demurrer is allowed, the judgment is final upon the accusatory instrument demurred to and is a bar to another action for the same crime unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new accusatory instrument, allows the case to be resubmitted or refiled.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680. [Amended by 1973 c.836 §186]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.680", "name": "ORS 135.680", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.680", "sectionName": "ORS 135.680", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.680", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Procedure if resubmission of case not allowed.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Procedure if resubmission of case not allowed. If the court does not allow the case to be resubmitted or an amended complaint or information filed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement shall be discharged. If the defendant has deposited any security, the security shall be returned to the defendant as provided by law. [Amended by 1973 c.836 §187]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.690", "name": "ORS 135.690", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.690", "sectionName": "ORS 135.690", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.690", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Resubmission of case.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.540"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Resubmission of case. If the court allows the case to be resubmitted, the same proceedings shall be had thereon as are prescribed in ORS 135.540. [Amended by 1973 c.836 §188]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.700", "name": "ORS 135.700", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.700", "sectionName": "ORS 135.700", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.700", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Disallowance of demurrer.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Disallowance of demurrer. If the demurrer is disallowed, the court shall permit the defendant, at the election of the defendant, to plead, which the defendant must do forthwith or at such time as the court may allow; but if the defendant does not plead, a plea of not guilty shall be entered. [Amended by 1973 c.836 §189] COMPROMISE", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.703", "name": "Crimes", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.703", "sectionName": "Crimes", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.703", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "subject to being compromised; exceptions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.705", "107.705", "124.005", "163.160", "163.165", "163.190", "163.195", "166.065", "163.187", "811.700"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "subject to being compromised; exceptions. (1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed: (a) By or upon a peace officer while in the execution of the duties of office; (b) Riotously; (c) With an intent to commit a crime punishable only as a felony; or (d) By one family or household member upon another family or household member, as defined in ORS 107.705, or by a person upon an elderly person or a person with a disability as defined in ORS 124.005 and the crime was: (A) Assault in the fourth degree under ORS 163.160; (B) Assault in the third degree under ORS 163.165; (C) Menacing under ORS 163.190; (D) Recklessly endangering another person under ORS 163.195; (E) Harassment under ORS 166.065; or (F) Strangulation under ORS 163.187. (2) Notwithstanding subsection (1) of this section, when a defendant is charged with violating ORS 811.700, the crime may be compromised as provided in ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed: of this section, when a defendant is charged with violating ORS 811.700, the crime may be compromised as provided in ORS", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "By or upon a peace officer while in the execution of the duties of office;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Riotously;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "With an intent to commit a crime punishable only as a felony; or", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "By one family or household member upon another family or household member, as defined in ORS 107.705, or by a person upon an elderly person or a person with a disability as defined in ORS 124.005 and the crime was:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Assault in the fourth degree under ORS 163.160;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Assault in the third degree under ORS 163.165;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Menacing under ORS 163.190;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Recklessly endangering another person under ORS 163.195;", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "Harassment under ORS 166.065; or", "subsections": []}, {"label": "(F)", "token": "F", "kind": "alpha_upper", "text": "Strangulation under ORS 163.187.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.705", "name": "ORS 135.705", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.705", "sectionName": "ORS 135.705", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.705", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Satisfaction of injured person; dismissal of charges.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["30.875", "151.505", "135.045", "135.050", "135.055", "134.020"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Satisfaction of injured person; dismissal of charges. (1)(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument. (b) For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section. (2) As used in this section, “costs” includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS 151.505 for the compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and fees and expenses paid under ORS 135.055. [Formerly 134.020; 1981 s.s. c.3 §121; 1985 c.540 §34; 1985 c.710 §4; 1987 c.803 §25; 1999 c.925 §1; 2003 c.449 §28; 2009 c.484 §9]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "For purposes of paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As used in this section, “costs” includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS 151.505 for the compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and fees and expenses paid under ORS 135.055. [Formerly 134.020; 1981 s.s. c.3 §121; 1985 c.540 §34; 1985 c.710 §4; 1987 c.803 §25; 1999 c.925 §1; 2003 c.449 §28; 2009 c.484 §9]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.707", "name": "ORS 135.707", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.707", "sectionName": "ORS 135.707", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.707", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Discharge as bar to prosecution.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.705", "134.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Discharge as bar to prosecution. A judgment entered under ORS 135.705 is a bar to another prosecution for the same crime. [Formerly 134.030; 2009 c.484 §10]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.709", "name": "ORS 135.709", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.709", "sectionName": "ORS 135.709", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.709", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Exclusiveness of procedure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Exclusiveness of procedure. No crime can be compromised nor can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as provided in ORS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.711", "name": "Facts", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.711", "sectionName": "Facts", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.711", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "constituting crime or subcategory of crime required.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "constituting crime or subcategory of crime required. For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime Seriousness Scale established by the rules of the Oregon Criminal Justice Commission. [1989 c.790 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.713", "name": "ORS 135.713", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.713", "sectionName": "ORS 135.713", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.713", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Necessity of stating presumptions of law and matters judicially noticed.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.570"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Necessity of stating presumptions of law and matters judicially noticed. Neither presumptions of law nor matters of which judicial notice is taken need be stated in an accusatory instrument. [Formerly 132.570]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.715", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.715", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.715", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of nonprejudicial defects in form of accusatory instrument.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.590"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of nonprejudicial defects in form of accusatory instrument. No accusatory instrument is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in a matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. [Formerly 132.590]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.717", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.717", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.717", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of crime.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.610"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of crime. The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a material element in the offense. [Formerly 132.610]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.720", "name": "Place", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.720", "sectionName": "Place", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.720", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of crime in certain cases.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["131.315", "131.325", "132.620"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of crime in certain cases. In an accusatory instrument for an offense committed as described in ORS 131.315 and 131.325, it is sufficient to allege that the offense was committed within the county where the accusatory instrument is found. [Formerly 132.620]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.725", "name": "Person", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.725", "sectionName": "Person", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.725", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "injured or intended to be injured.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.630"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "injured or intended to be injured. When a crime involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material. [Formerly 132.630]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.727", "name": "ORS 135.727", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.727", "sectionName": "ORS 135.727", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.727", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Description of animal.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.640"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Description of animal. When an offense involves the taking of or injury to an animal, the accusatory instrument is sufficiently certain in that respect if it describes the animal by the common name of its class. [Formerly 132.640]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.730", "name": "ORS 135.730", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.730", "sectionName": "ORS 135.730", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.730", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Judgments;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.660"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Judgments; facts conferring jurisdiction. In pleading in an accusatory instrument a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 132.660]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.733", "name": "ORS 135.733", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.733", "sectionName": "ORS 135.733", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.733", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Defamation.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.670"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Defamation. An accusatory instrument for criminal defamation need not set forth any extrinsic facts for the purpose of showing the application to the party defamed of the defamatory matter on which the accusatory instrument is founded; but it is sufficient to state generally that the same was published concerning the party; and the fact that it was so published must be established on the trial. [Formerly 132.670]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.735", "name": "ORS 135.735", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.735", "sectionName": "ORS 135.735", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.735", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Forgery;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.680"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Forgery; misdescription of forged instrument. When an instrument which is the subject of an accusatory instrument for forgery has been destroyed or withheld by the act or procurement of the defendant and the fact of the destruction or withholding is alleged in the accusatory instrument and established on the trial, the misdescription of the instrument is immaterial. [Formerly 132.680]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.737", "name": "ORS 135.737", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.737", "sectionName": "ORS 135.737", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.737", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Perjury.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.690"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Perjury. In an accusatory instrument for perjury, attempted perjury, solicitation of perjury or conspiracy to commit perjury it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, in what court or before whom the oath alleged to be false was taken and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the accusatory instrument need set forth neither the pleadings, record or proceedings with which the oath is connected nor the commission or authority of the court or person before whom the perjury was committed. [Formerly 132.690]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.740", "name": "ORS 135.740", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.740", "sectionName": "ORS 135.740", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.740", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Construction of words and phrases used.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.710"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Construction of words and phrases used. The words used in an accusatory instrument must be construed in their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. [Formerly 132.710]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.743", "name": "ORS 135.743", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.743", "sectionName": "ORS 135.743", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.743", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Fictitious or erroneous name;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["132.720"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Fictitious or erroneous name; insertion of true name. When a defendant is charged in an accusatory instrument by a fictitious or erroneous name and in any stage of the proceedings the true name of the defendant is discovered, it may be inserted in the subsequent proceedings, referring to the fact of the defendant being charged by the name mentioned in the accusatory instrument. [Formerly 132.720] SPEEDY TRIAL PROVISIONS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.745", "name": "to 135.757, is a bar to another prosecution for the same crime if the", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.745", "sectionName": "to 135.757, is a bar to another prosecution for the same crime if the", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.745", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "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.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["475.896", "134.140"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "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. (3) If any charge or action is dismissed for the purpose of consolidation with one or more other charges or actions, then any such dismissal shall not be a bar to another prosecution for the same offense. [Formerly 134.140; 1975 c.198 §1; 2024 c.70 §46a]", "subsections": [{"label": "(3)", "token": "3", "kind": "numeric", "text": "If any charge or action is dismissed for the purpose of consolidation with one or more other charges or actions, then any such dismissal shall not be a bar to another prosecution for the same offense. [Formerly 134.140; 1975 c.198 §1; 2024 c.70 §46a]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.746", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.746", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.746", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "period within which trial must commence.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section cease to apply to a defendant who fails to appear at the date and time scheduled for trial. (3) If a trial date is scheduled by the court for a defendant represented by counsel and neither the defendant nor the defendant"], "ors_citations": ["135.748", "132.560"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "period within which trial must commence. (1) Except as provided in ORS 135.748: (a) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a misdemeanor must commence within two years from the date of the filing of the charging instrument. (b) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a felony must commence within three years from the date of the filing of the charging instrument. (c) A trial in which two or more charges have been consolidated pursuant to ORS 132.560 must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument. (d) A joint trial in which two or more defendants are charged in the same charging instrument must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument. (2) The time limits required in subsection (1) of this section cease to apply to a defendant who fails to appear at the date and time scheduled for trial. (3) If a trial date is scheduled by the court for a defendant represented by counsel and neither the defendant nor the defendant’s counsel objects within seven days of the notice of the trial date to the fact that the scheduled trial date is not within the time limit required in subsection (1) of this section, the time limit is extended until the scheduled trial date, and may be further extended as provided in ORS 135.748. [2014 c.73 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in ORS 135.748: of this section cease to apply to a defendant who fails to appear at the date and time scheduled for trial. of this section, the time limit is extended until the scheduled trial date, and may be further extended as provided in ORS 135.748. [2014 c.73 §1] Note:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A trial in which the most serious charge alleged in the charging instrument is designated by statute as a misdemeanor must commence within two years from the date of the filing of the charging instrument.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A trial in which the most serious charge alleged in the charging instrument is designated by statute as a felony must commence within three years from the date of the filing of the charging instrument.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A trial in which two or more charges have been consolidated pursuant to ORS 132.560 must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "A joint trial in which two or more defendants are charged in the same charging instrument must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The time limits required in subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If a trial date is scheduled by the court for a defendant represented by counsel and neither the defendant nor the defendant’s counsel objects within seven days of the notice of the trial date to the fact that the scheduled trial date is not within the time limit required in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.747", "name": "ORS 135.747", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.747", "sectionName": "ORS 135.747", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.747", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Formerly 134.120;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["134.120"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 134.120; repealed by 2013 c.431 §1]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.748", "name": "ORS 135.748", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.748", "sectionName": "ORS 135.748", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.748", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Periods of time excluded from time limits.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section from the time limits described in ORS 135.746 that applies to a defendant shall apply to all other defendants charged in the charging instrument. However, if the court finds that it is clearly inappropriate to apply the time exclusion to all of the other defendants, the court may order any relief that justice requires"], "ors_citations": ["135.746", "161.365", "161.360", "161.363", "161.370"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Periods of time excluded from time limits. (1) All applicable periods of elapsed time as follows are excluded from the time limits described in ORS 135.746: (a) A period of time during which the defendant is: (A) Under observation or examination for fitness to proceed under ORS 161.365, beginning when the issue of the defendant’s possible lack of fitness to proceed has been raised by the defendant or the defendant’s counsel, until a final determination regarding the defendant’s fitness to proceed has been made by the court; (B) Determined to be unfit to proceed by the court pursuant to ORS 161.360, 161.363 and 161.370; (C) Under observation or examination after notice of the issue of the defendant’s qualifying mental disorder, partial responsibility, diminished capacity, insanity or other mental defense is raised by the defendant or the defendant’s counsel, until the trial date; or (D) Unable to appear by reason of illness or physical disability. (b) A period of time following the filing of an interlocutory appeal or an appeal from the dismissal of the charge or charging instrument, or that results from a stay issued by an appellate court in a mandamus or habeas proceeding, until the appellate judgment is issued or the stay is lifted by the appellate court. (c) A period of time between a scheduled court appearance at which the defendant fails to appear and the next scheduled court appearance other than an appearance that occurs for the purpose of addressing a warrant resulting from the defendant’s failure to appear. (d) A period of time during which the defendant’s location is known but the defendant’s presence for trial cannot be obtained, or during which the defendant is outside this state and resists being returned to this state for trial. (e) A period of time during which the defendant’s location is unknown and: (A) The defendant has attempted to avoid apprehension or prosecution; or (B) The defendant’s location cannot be determined by due diligence. (f) A period of time while the defendant is on trial or engaged in court proceedings in an unrelated matter, whether in the same court or a different court, and was therefore physically unavailable for trial. (g) A period of time between a mistrial on the charging instrument and a subsequent trial on the charging instrument, not to exceed three months for each mistrial. The three-month limit may be extended by the court for good cause upon request from either party or upon the court’s own motion. (h) A period of time between a continuance or a rescheduling of a trial date, granted at the request of, or with the consent of, the defendant or the defendant’s counsel, and the new trial date. A defendant who is proceeding without counsel may not consent to a continuance or a rescheduling unless the court has advised the defendant of the defendant’s right to a speedy trial within the time limit required in ORS 135.746 and the consequences of the defendant’s consent to the continuance or rescheduling. (2) Any period of time excluded pursuant to subsection (1) of this section from the time limits described in ORS 135.746 that applies to a defendant shall apply to all other defendants charged in the charging instrument. However, if the court finds that it is clearly inappropriate to apply the time exclusion to all of the other defendants, the court may order any relief that justice requires. [2014 c.73 §2; 2017 c.634 §2; 2025 c.559 §55] Note: See note under 135.746.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "All applicable periods of elapsed time as follows are excluded from the time limits described in ORS 135.746: of this section from the time limits described in ORS 135.746 that applies to a defendant shall apply to all other defendants charged in the charging instrument. However, if the court finds that it is clearly inappropriate to apply the time exclusion to all of the other defendants, the court may order any relief that justice requires. [2014 c.73 §2; 2017 c.634 §2; 2025 c.559 §55] Note: See note under 135.746.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A period of time during which the defendant is:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Under observation or examination for fitness to proceed under ORS 161.365, beginning when the issue of the defendant’s possible lack of fitness to proceed has been raised by the defendant or the defendant’s counsel, until a final determination regarding the defendant’s fitness to proceed has been made by the court;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Determined to be unfit to proceed by the court pursuant to ORS 161.360, 161.363 and 161.370;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Under observation or examination after notice of the issue of the defendant’s qualifying mental disorder, partial responsibility, diminished capacity, insanity or other mental defense is raised by the defendant or the defendant’s counsel, until the trial date; or", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Unable to appear by reason of illness or physical disability.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A period of time following the filing of an interlocutory appeal or an appeal from the dismissal of the charge or charging instrument, or that results from a stay issued by an appellate court in a mandamus or habeas proceeding, until the appellate judgment is issued or the stay is lifted by the appellate court.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A period of time between a scheduled court appearance at which the defendant fails to appear and the next scheduled court appearance other than an appearance that occurs for the purpose of addressing a warrant resulting from the defendant’s failure to appear.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "A period of time during which the defendant’s location is known but the defendant’s presence for trial cannot be obtained, or during which the defendant is outside this state and resists being returned to this state for trial.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "A period of time during which the defendant’s location is unknown and:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The defendant has attempted to avoid apprehension or prosecution; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The defendant’s location cannot be determined by due diligence.", "subsections": []}]}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "A period of time while the defendant is on trial or engaged in court proceedings in an unrelated matter, whether in the same court or a different court, and was therefore physically unavailable for trial.", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "A period of time between a mistrial on the charging instrument and a subsequent trial on the charging instrument, not to exceed three months for each mistrial. The three-month limit may be extended by the court for good cause upon request from either party or upon the court’s own motion.", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "A period of time between a continuance or a rescheduling of a trial date, granted at the request of, or with the consent of, the defendant or the defendant’s counsel, and the new trial date. A defendant who is proceeding without counsel may not consent to a continuance or a rescheduling unless the court has advised the defendant of the defendant’s right to a speedy trial within the time limit required in ORS 135.746 and the consequences of the defendant’s consent to the continuance or rescheduling.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Any period of time excluded pursuant to subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.750", "name": "Where", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.750", "sectionName": "Where", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.750", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "there is reason for delay.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.745", "135.230", "135.290", "134.130"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "there is reason for delay. If the defendant is not proceeded against as provided in ORS 135.745, and sufficient reason therefor is shown, the court may order the action to be continued and in the meantime may release the defendant from custody as provided in ORS 135.230 to 135.290, for the appearance of the defendant to answer the charge or action. [Formerly 134.130; 2013 c.431 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.752", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.752", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.752", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "trial not commenced within time limit.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.746"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "trial not commenced within time limit. If a trial is not commenced as required by ORS 135.746, the court shall order the charging instrument to be dismissed without prejudice unless the court finds on the record substantial and compelling reasons to allow the proceeding to continue. [2014 c.73 §3] Note: See note under 135.746. DISMISSAL OF ACTION", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.753", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.753", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.753", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of dismissal.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.703", "135.709"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of dismissal. (1) If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant. (2) An order for the dismissal of a charge or action, as provided in ORS 135.703 to 135.709 and", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "An order for the dismissal of a charge or action, as provided in ORS 135.703 to 135.709 and", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.755", "name": "ORS 135.755", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.755", "sectionName": "ORS 135.755", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.755", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Dismissal on motion of court or district attorney.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["134.150"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Dismissal on motion of court or district attorney. The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to be dismissed. The reasons for the dismissal shall be set forth in the order, which shall be entered in the register. [Formerly 134.150; 1985 c.540 §35]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.757", "name": "Nolle", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.757", "sectionName": "Nolle", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.757", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "prosequi;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.755", "134.160"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "prosequi; discontinuance by district attorney. The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a crime, except as provided in ORS 135.755. [Formerly 134.160] PROSECUTION OF PRISONERS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.760", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.760", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.760", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "requesting early trial on pending charge.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall be signed by the adult in custody and set forth the place and term of imprisonment. A copy of the notice shall be sent to the court in which the adult in custody has been charged by indictment, information or complaint"], "ors_citations": ["137.124", "134.510"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "requesting early trial on pending charge. (1) Any adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) against whom there is pending at the time of commitment or against whom there is filed at any time during imprisonment, in any court of this state, an indictment, information or criminal complaint charging the adult in custody with the commission of a crime, may give written notice to the district attorney of the county in which the adult in custody is so charged requesting the district attorney to prosecute and bring the adult in custody to trial on the charge forthwith. (2) The notice provided for in subsection (1) of this section shall be signed by the adult in custody and set forth the place and term of imprisonment. A copy of the notice shall be sent to the court in which the adult in custody has been charged by indictment, information or complaint. [Formerly 134.510; 1987 c.320 §19; 1995 c.423 §9b; 2019 c.213 §15]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Any adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 of this section shall be signed by the adult in custody and set forth the place and term of imprisonment. A copy of the notice shall be sent to the court in which the adult in custody has been charged by indictment, information or complaint. [Formerly 134.510; 1987 c.320 §19; 1995 c.423 §9b; 2019 c.213 §15]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "against whom there is pending at the time of commitment or against whom there is filed at any time during imprisonment, in any court of this state, an indictment, information or criminal complaint charging the adult in custody with the commission of a crime, may give written notice to the district attorney of the county in which the adult in custody is so charged requesting the district attorney to prosecute and bring the adult in custody to trial on the charge forthwith. The notice provided for in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.763", "name": "Trial", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.763", "sectionName": "Trial", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.763", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "within 90 days of notice unless continuance granted.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.760", "134.520"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "within 90 days of notice unless continuance granted. (1) The district attorney, after receiving a notice requesting trial under ORS 135.760, shall, within 90 days of receipt of the notice, bring the adult in custody to trial upon the pending charge. (2) The court shall grant any reasonable continuance with the consent of the defendant. Notwithstanding the defendant’s lack of consent, the court may grant a continuance on motion of the district attorney or on its own motion, for good cause shown. The fact of imprisonment is not good cause for the purposes of this subsection. [Formerly 134.520; 1993 c.542 §1; 2019 c.213 §16]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The district attorney, after receiving a notice requesting trial under ORS 135.760, shall, within 90 days of receipt of the notice, bring the adult in custody to trial upon the pending charge.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The court shall grant any reasonable continuance with the consent of the defendant. Notwithstanding the defendant’s lack of consent, the court may grant a continuance on motion of the district attorney or on its own motion, for good cause shown. The fact of imprisonment is not good cause for the purposes of this subsection. [Formerly 134.520; 1993 c.542 §1; 2019 c.213 §16]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.765", "name": "ORS 135.765", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.765", "sectionName": "ORS 135.765", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.765", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Dismissal of criminal proceeding not brought to trial within allowed time; exceptions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall not apply"], "ors_citations": ["135.763", "135.760", "134.530"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Dismissal of criminal proceeding not brought to trial within allowed time; exceptions. (1) On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not brought to trial in accordance with ORS 135.763. (2) This section shall not apply: (a) When failure to bring the adult in custody to trial within 90 days after the district attorney receives notice under ORS 135.760 was the result of motions filed on behalf of the adult in custody, or of a grant by the court of a continuance on motion of the district attorney or on its own motion, for good cause shown; or (b) When the adult in custody is unavailable for trial, other than by imprisonment, or because of other pending criminal proceedings against the adult in custody. [Formerly 134.530; 1993 c.542 §2; 2019 c.213 §17]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not brought to trial in accordance with ORS 135.763.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "This section shall not apply:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "When failure to bring the adult in custody to trial within 90 days after the district attorney receives notice under ORS 135.760 was the result of motions filed on behalf of the adult in custody, or of a grant by the court of a continuance on motion of the district attorney or on its own motion, for good cause shown; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "When the adult in custody is unavailable for trial, other than by imprisonment, or because of other pending criminal proceedings against the adult in custody. [Formerly 134.530; 1993 c.542 §2; 2019 c.213 §17]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.767", "name": "ORS 135.767", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.767", "sectionName": "ORS 135.767", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.767", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Presence of prisoner at proceedings.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section for a criminal proceeding under ORS 135.760 to 135.773, at the conclusion of the proceeding, notwithstanding the provisions of ORS 137.167, the adult in custody shall be returned by the sheriff to the custody of the Department of Corrections or the supervisory authority of the county in which the adult in custody is imprisoned. (4) The time during which an adult is in the custody of the sheriff under this section is part of and shall be counted as time served under the original sentence"], "ors_citations": ["137.124", "135.760", "135.773", "131.045", "137.167", "134.540"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Presence of prisoner at proceedings. (1) Whenever the presence of an adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124 (2) is necessary in any criminal proceeding under ORS 135.760 to 135.773, the court wherein the adult in custody is charged with the commission of a crime may: (a) Issue an order directing the Director of the Department of Corrections or the supervisory authority of a county to surrender the adult in custody to the sheriff of the county where the adult in custody is to be tried; or (b) Ensure that arrangements for the adult in custody to appear by simultaneous electronic transmission as described in ORS 131.045 have been made. (2) The county where an adult in custody is charged with commission of a crime shall pay the costs of: (a) Transportation and maintenance of the adult in custody removed under this section; or (b) Providing for the adult in custody to appear by simultaneous electronic transmission. (3) If an adult in custody is transported under this section for a criminal proceeding under ORS 135.760 to 135.773, at the conclusion of the proceeding, notwithstanding the provisions of ORS 137.167, the adult in custody shall be returned by the sheriff to the custody of the Department of Corrections or the supervisory authority of the county in which the adult in custody is imprisoned. (4) The time during which an adult is in the custody of the sheriff under this section is part of and shall be counted as time served under the original sentence. [Formerly 134.540; 1983 c.740 §14; 1987 c.320 §20; 1995 c.423 §9c; 2005 c.566 §8; 2019 c.213 §18]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Whenever the presence of an adult in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.124", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "is necessary in any criminal proceeding under ORS 135.760 to 135.773, the court wherein the adult in custody is charged with the commission of a crime may: The county where an adult in custody is charged with commission of a crime shall pay the costs of:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Issue an order directing the Director of the Department of Corrections or the supervisory authority of a county to surrender the adult in custody to the sheriff of the county where the adult in custody is to be tried; or Transportation and maintenance of the adult in custody removed under this section; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Ensure that arrangements for the adult in custody to appear by simultaneous electronic transmission as described in ORS 131.045 have been made. Providing for the adult in custody to appear by simultaneous electronic transmission.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If an adult in custody is transported under this section for a criminal proceeding under ORS 135.760 to 135.773, at the conclusion of the proceeding, notwithstanding the provisions of ORS 137.167, the adult in custody shall be returned by the sheriff to the custody of the Department of Corrections or the supervisory authority of the county in which the adult in custody is imprisoned.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The time during which an adult is in the custody of the sheriff under this section is part of and shall be counted as time served under the original sentence. [Formerly 134.540; 1983 c.740 §14; 1987 c.320 §20; 1995 c.423 §9c; 2005 c.566 §8; 2019 c.213 §18]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.770", "name": "ORS 135.770", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.770", "sectionName": "ORS 135.770", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.770", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Release of prisoner prohibited.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.767", "135.760", "135.773", "134.550"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Release of prisoner prohibited. No adult in the custody of a sheriff under ORS 135.767 shall be released pending a criminal proceeding under ORS 135.760 to 135.773 or any appeal therefrom. [Formerly 134.550; 2019 c.213 §19]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.773", "name": "ORS 135.773", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.773", "sectionName": "ORS 135.773", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.773", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "District attorney to furnish certain documents.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.760", "135.773", "134.560"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "District attorney to furnish certain documents. The district attorney shall, in all proceedings against adults in custody under ORS 135.760 to 135.773, obtain for and furnish to the court a certified copy of the judgment, sentence or commitment order pursuant to which the adult in custody is imprisoned. [Formerly 134.560; 2019 c.213 §20] DETAINER", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.775", "name": "ORS 135.775", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.775", "sectionName": "ORS 135.775", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.775", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Agreement on Detainers. The Agreement on Detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: ______________________________________________________________________________ AGREEMENT ON DETAINERS The contracting states solemnly agree that: ARTICLE I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce unc", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["134.605"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Agreement on Detainers. The Agreement on Detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: ______________________________________________________________________________ AGREEMENT ON DETAINERS The contracting states solemnly agree that: ARTICLE I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. ARTICLE II As used in this agreement: (a) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to Article III of this agreement or at the time that a request for custody or availability is initiated pursuant to Article IV of this agreement. (c) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV of this agreement. (d) “Department of Corrections institution” of this state shall mean any institution operated by the Department of Corrections. ARTICLE III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of imprisonment and the request of the prisoner for a final disposition to be made of the indictment, information or complaint: Provided, that for good cause shown in open court, the prisoner or the counsel of the prisoner being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (b) The written notice and request for final disposition referred to in paragraph (a) of this Article shall be given or sent by the prisoner to the warden or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the prosecuting official and court by registered or certified mail, return receipt requested. (c) The warden or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) of this Article shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner’s written notice, request and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) of this Article shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) of this Article, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the body of the prisoner in any court where the presence of the prisoner may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (f) Escape from custody by the prisoner subsequent to the execution of the request for final disposition referred to in paragraph (a) of this Article shall void the request. ARTICLE IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with paragraph (a) of Article V of this agreement upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: Provided, that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; And provided further, that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the own motion of the governor or upon motion of the prisoner. (b) Upon receipt of the officer’s written request as provided in paragraph (a) of this Article, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner. Such authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (c) In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the counsel of the prisoner being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the delivery of the prisoner as provided in paragraph (a) of this Article, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. (e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to paragraph (e) of Article V of this agreement, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. ARTICLE V (a) In response to a request made under Article III or Article IV of this agreement, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner’s presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made. (c) If the appropriate authority shall refuse or fail to accept temporary custody of such prisoner, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV of this agreement, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance of the prisoner at court and while being transported to or from any place at which the presence of the prisoner may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law. (h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing contained in this paragraph shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. ARTICLE VI (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of such time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. (b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be a person with mental illness. ARTICLE VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide within and without the state, information necessary to the effective operation of this agreement. ARTICLE VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the agreement into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the agreement. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by prisoners or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. ARTICLE IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party to this agreement, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. ______________________________________________________________________________ [Formerly 134.605; 1987 c.320 §20a; 2013 c.360 §5]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of imprisonment and the request of the prisoner for a final disposition to be made of the indictment, information or complaint: Provided, that for good cause shown in open court, the prisoner or the counsel of the prisoner being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. of this Article shall be given or sent by the prisoner to the warden or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the prosecuting official and court by registered or certified mail, return receipt requested. of this Article shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner’s written notice, request and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. of this Article shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph of this Article shall void the request. ARTICLE IV The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with paragraph of Article V of this agreement upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: Provided, that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; And provided further, that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the own motion of the governor or upon motion of the prisoner. of this Article, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner. Such authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. of this Article, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery. In response to a request made under Article III or Article IV of this agreement, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner’s presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Sending state” shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to Article III of this agreement or at the time that a request for custody or availability is initiated pursuant to Article IV of this agreement. The written notice and request for final disposition referred to in paragraph Upon receipt of the officer’s written request as provided in paragraph The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV of this agreement. The warden or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the counsel of the prisoner being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "“Department of Corrections institution” of this state shall mean any institution operated by the Department of Corrections. ARTICLE III Any request for final disposition made by a prisoner pursuant to paragraph of this Article, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the body of the prisoner in any court where the presence of the prisoner may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. Nothing contained in this Article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the delivery of the prisoner as provided in paragraph", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Any request for final disposition made by a prisoner pursuant to paragraph If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to paragraph of Article V of this agreement, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. ARTICLE V", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "Escape from custody by the prisoner subsequent to the execution of the request for final disposition referred to in paragraph", "subsections": []}, {"label": "(1)", "token": "1", "kind": "numeric", "text": "Proper identification and evidence of authority to act for the state into whose temporary custody the prisoner is to be given.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.", "subsections": [{"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the appropriate authority shall refuse or fail to accept temporary custody of such prisoner, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV of this agreement, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance of the prisoner at court and while being transported to or from any place at which the presence of the prisoner may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing contained in this paragraph shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. ARTICLE VI", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of such time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be a person with mental illness. ARTICLE VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide within and without the state, information necessary to the effective operation of this agreement. ARTICLE VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the agreement into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the agreement. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by prisoners or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. ARTICLE IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party to this agreement, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. ______________________________________________________________________________ [Formerly 134.605; 1987 c.320 §20a; 2013 c.360 §5]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.777", "name": "ORS 135.777", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.777", "sectionName": "ORS 135.777", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.777", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Definition for ORS 135.775.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.775", "134.615"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definition for ORS 135.775. As used in the Agreement on Detainers, the term “appropriate court” means any court of this state that has criminal jurisdiction. [Formerly 134.615]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.779", "name": "ORS 135.779", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.779", "sectionName": "ORS 135.779", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.779", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Enforcement of ORS 135.775 by public agencies.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.775", "134.625"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Enforcement of ORS 135.775 by public agencies. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes. [Formerly 134.625]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.783", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.783", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.783", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of escape from custody in another state.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["134.635"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of escape from custody in another state. Escape from custody while in another state pursuant to the Agreement on Detainers is an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provision of the Agreement on Detainers and shall be punishable in the same manner as an escape from such institution. [Formerly 134.635]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.785", "name": "ORS 135.785", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.785", "sectionName": "ORS 135.785", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.785", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Surrender of custody under ORS 135.775.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.775", "134.645"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Surrender of custody under ORS 135.775. The official in charge of a Department of Corrections institution in this state shall give over the person of any adult in custody thereof whenever so required by the operation of the Agreement on Detainers. [Formerly 134.645; 1987 c.320 §21; 2019 c.213 §21]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.787", "name": "ORS 135.787", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.787", "sectionName": "ORS 135.787", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.787", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Administrator of agreement;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["134.655"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Administrator of agreement; appointment; duties. The Governor may appoint an administrator who shall perform the duties and functions and exercise the powers conferred upon such person by Article VII of the Agreement on Detainers. [Formerly 134.655]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.789", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.789", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.789", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of request for temporary custody; prisoner’s rights. In order to implement paragraph", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["134.665"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of request for temporary custody; prisoner’s rights. In order to implement paragraph (a) of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer’s written request, notify the prisoner and the Governor in writing that a request for temporary custody has been made and such notification shall describe the source and contents of such request. The authorities having custody of the prisoner shall also advise the prisoner in writing of the rights of the prisoner to counsel, to make representations to the Governor within 30 days, and to contest the legality of the delivery of the prisoner. [Formerly 134.665]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of Article IV of the Agreement on Detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer’s written request, notify the prisoner and the Governor in writing that a request for temporary custody has been made and such notification shall describe the source and contents of such request. The authorities having custody of the prisoner shall also advise the prisoner in writing of the rights of the prisoner to counsel, to make representations to the Governor within 30 days, and to contest the legality of the delivery of the prisoner. [Formerly 134.665]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.791", "name": "ORS 135.791", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.791", "sectionName": "ORS 135.791", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.791", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Request for final disposition of detainer from prisoner in another state.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Request for final disposition of detainer from prisoner in another state. When the district attorney of any county shall have received written notice from a prisoner in another state of the prisoner’s request for final disposition to be made of any untried accusatory instrument which is the basis of a detainer against the prisoner, the district attorney promptly shall give written notice to the Governor that such request has been received. The notice to the Governor shall describe the charge pending against the prisoner and shall recite the crime of which the prisoner was convicted in the other state, the sentence imposed and the date the sentence commenced, or so much of such information as may be known to the district attorney. The notice to the Governor shall be accompanied by a summary of the evidence against the prisoner on the untried charge. Within 10 days after receiving the notice and summary of evidence, the Governor shall send written direction to the district attorney either to proceed with prosecution of the prisoner when the prisoner is made available, or to move the court for dismissal of the untried indictment, information or complaint and to remove the detainer against the prisoner. The written direction may be signed by the Governor or by a person authorized by the Governor to perform extradition functions. The decision of the Governor shall be final, and the district attorney shall act as so directed. [1973 c.632 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.793", "name": "ORS 135.793", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.793", "sectionName": "ORS 135.793", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.793", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Procedure where untried instrument pending against prisoner in another state. Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires to have the prisoner returned for trial, shall give written notice and a summary of the evidence against the prisoner to the Governor in the manner provided in ORS 135.791. The Governor shall, within 10 days after receiving the notice and summary, send written direction to such officer either approving or disapproving the return of the prisoner. The direction by the Gov", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.791"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Procedure where untried instrument pending against prisoner in another state. Any officer of a jurisdiction in this state in which an untried accusatory instrument is pending against a prisoner in another state, and who desires to have the prisoner returned for trial, shall give written notice and a summary of the evidence against the prisoner to the Governor in the manner provided in ORS 135.791. The Governor shall, within 10 days after receiving the notice and summary, send written direction to such officer either approving or disapproving the return of the prisoner. The direction by the Governor shall be final, and may be signed as provided in ORS 135.791. The officer desiring return of a prisoner shall not seek the court approval provided for in paragraph (a) of Article IV of the Agreement on Detainers prior to receiving approval by the Governor. [1973 c.632 §3] PRETRIAL DISCOVERY", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of Article IV of the Agreement on Detainers prior to receiving approval by the Governor. [1973 c.632 §3] PRETRIAL DISCOVERY", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.805", "name": "ORS 135.805", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.805", "sectionName": "ORS 135.805", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.805", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Applicability; scope of disclosure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not apply to any material that contains depictions of sexually explicit conduct involving a child, as those terms are defined in ORS 163.665"], "ors_citations": ["135.805", "135.873", "163.665"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Applicability; scope of disclosure. (1) The provisions of ORS 135.805 to 135.873 are applicable to all criminal prosecutions in which the charging instrument has been brought in a court of record. (2) Except as otherwise provided in a protective order entered under ORS 135.873, or any other provision of law prohibiting or restricting the disclosure of specific material or information, as used in ORS 135.805 to 135.873, “disclose” means to provide: (a) A copy of the material, including but not limited to any document, photograph, report, audio recording, video recording or electronically stored information; (b) The opportunity to inspect and photograph tangible physical evidence; and (c) The opportunity to conduct independent testing of tangible physical evidence, provided that the testing does not destroy the evidence. (3) Subsection (2)(a) of this section does not apply to any material that contains depictions of sexually explicit conduct involving a child, as those terms are defined in ORS 163.665. [1973 c.836 §213; 1977 c.617 §1; 2021 c.409 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The provisions of ORS 135.805 to 135.873 are applicable to all criminal prosecutions in which the charging instrument has been brought in a court of record.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Except as otherwise provided in a protective order entered under ORS 135.873, or any other provision of law prohibiting or restricting the disclosure of specific material or information, as used in ORS 135.805 to 135.873, “disclose” means to provide: (a) of this section does not apply to any material that contains depictions of sexually explicit conduct involving a child, as those terms are defined in ORS 163.665. [1973 c.836 §213; 1977 c.617 §1; 2021 c.409 §1]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A copy of the material, including but not limited to any document, photograph, report, audio recording, video recording or electronically stored information;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The opportunity to inspect and photograph tangible physical evidence; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The opportunity to conduct independent testing of tangible physical evidence, provided that the testing does not destroy the evidence.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.810", "name": "ORS 135.810", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.810", "sectionName": "ORS 135.810", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.810", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.815", "name": "ORS 135.815", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.815", "sectionName": "ORS 135.815", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.815", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Disclosure to defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section except for the personal identifiers of the victim and any witnesses. (b) Notwithstanding paragraph (a) of this subsection, the district attorney shall disclose the personal identifiers of the victim and any witnesses if the trial court orders the disclosure. A trial court shall order the district attorney to disclose the personal identifiers of the victim and any witnesses if the trial court finds that"], "ors_citations": ["135.855", "135.873", "135.845", "813.010", "813.100", "706.008", "40.225"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Disclosure to defendant. (1) Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to a represented defendant the following material and information within the possession or control of the district attorney: (a) The names, addresses and telephone numbers of persons whom the district attorney intends to call as witnesses at any stage of the trial, together with their relevant written or recorded statements or memoranda of any oral statements of such persons. (b) Any written or recorded statements or memoranda of any oral statements made by the defendant, or made by a codefendant if the trial is to be a joint one. (c) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons which the district attorney intends to offer in evidence at the trial. (d) Any books, papers, documents, photographs or tangible objects: (A) Which the district attorney intends to offer in evidence at the trial; or (B) Which were obtained from or belong to the defendant. (e) If actually known to the district attorney, any record of prior criminal convictions of persons whom the district attorney intends to call as witnesses at the trial; and the district attorney shall make a good faith effort to determine if such convictions have occurred. (f) All prior convictions of the defendant known to the state that would affect the determination of the defendant’s criminal history for sentencing under rules of the Oregon Criminal Justice Commission. (g) Any material or information that tends to: (A) Exculpate the defendant; (B) Negate or mitigate the defendant’s guilt or punishment; or (C) Impeach a person the district attorney intends to call as a witness at the trial. (2)(a) The disclosure required by subsection (1)(g) of this section: (A) Shall occur regardless of whether the material or information is recorded or in writing. (B) Shall occur without delay in accordance with ORS 135.845 and prior to the entry of any guilty plea pursuant to an agreement with the state. If the existence of the material or information is not known at that time, the disclosure shall be made upon discovery without regard to whether the represented defendant has entered or agreed to enter a guilty plea. (b) Nothing in subsection (1)(g) of this section: (A) Expands any obligation under a statutory provision or the Oregon or United States Constitution to disclose, or right to disclosure of, personnel or internal affairs files of law enforcement officers. (B) Imposes any obligation on the district attorney to provide material or information beyond the obligation imposed by the Oregon and United States Constitutions. (3) Except as otherwise provided in ORS 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 within the possession or control of the district attorney: (a) Any report prepared by a police officer relating to field tests, interviews, observations and other information relating to the charged offense; (b) Any report relating to the test results; (c) A copy of the form provided to the defendant under ORS 813.100 (2)(b); and (d) Any checklist prepared by the operator of the instrument for the test. (4)(a) If a defendant is not represented by a lawyer, the district attorney shall disclose to the defendant all of the information described in subsections (1) and (3) of this section except for the personal identifiers of the victim and any witnesses. (b) Notwithstanding paragraph (a) of this subsection, the district attorney shall disclose the personal identifiers of the victim and any witnesses if the trial court orders the disclosure. A trial court shall order the district attorney to disclose the personal identifiers of the victim and any witnesses if the trial court finds that: (A) The defendant has requested the information; and (B)(i) The victim or witness is a business or institution and disclosure of the information would not represent a risk of harm to the victim or witness; or (ii) The need for the information cannot reasonably be met by other means. (5)(a) Unless authorized by the trial court to disclose the information, a lawyer representing a defendant, or a representative of the lawyer, may not disclose to the defendant personal identifiers of a victim or witness obtained under subsections (1) and (3) of this section. (b) The trial court shall order the lawyer, or representative of the lawyer, to disclose to the defendant the personal identifiers of a victim or witness if the court finds that: (A) The defendant’s lawyer has requested the district attorney to disclose the information to the defendant; (B) The district attorney has refused to disclose the information to the defendant; and (C) The need for the information cannot reasonably be met by other means. (6) As used in this section: (a) “Personal identifiers” means: (A) In relation to a witness, the witness’s address, telephone number, Social Security number and date of birth and the identifying number of the witness’s depository account at a financial institution, as defined in ORS 706.008, or credit card account. (B) In relation to a victim, the victim’s address, electronic mail address, telephone number, Social Security number, date of birth, any user names or other identifying information associated with the victim’s social media accounts and the identifying number of the victim’s depository account at a financial institution, as defined in ORS 706.008, or credit card account. (b) “Representative of the lawyer” has the meaning given that term in ORS 40.225. (c) “Represented defendant” means a defendant who is represented by a lawyer in a criminal action. (d) “Social media” has the meaning given that term in ORS 659A.330. [1973 c.836 §214; 1989 c.790 §5; 1993 c.469 §2; 1999 c.304 §1; 2005 c.545 §1; 2007 c.581 §1; 2013 c.525 §1; 2017 c.171 §1; 2019 c.475 §11; 2021 c.409 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as otherwise provided in ORS 135.855 and 135.873, the district attorney shall disclose to a represented defendant the following material and information within the possession or control of the district attorney: (g) of this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The names, addresses and telephone numbers of persons whom the district attorney intends to call as witnesses at any stage of the trial, together with their relevant written or recorded statements or memoranda of any oral statements of such persons.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any written or recorded statements or memoranda of any oral statements made by the defendant, or made by a codefendant if the trial is to be a joint one. Nothing in subsection", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons which the district attorney intends to offer in evidence at the trial.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Any books, papers, documents, photographs or tangible objects:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Which the district attorney intends to offer in evidence at the trial; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Which were obtained from or belong to the defendant.", "subsections": []}]}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "If actually known to the district attorney, any record of prior criminal convictions of persons whom the district attorney intends to call as witnesses at the trial; and the district attorney shall make a good faith effort to determine if such convictions have occurred.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "All prior convictions of the defendant known to the state that would affect the determination of the defendant’s criminal history for sentencing under rules of the Oregon Criminal Justice Commission.", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Any material or information that tends to:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Exculpate the defendant;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Negate or mitigate the defendant’s guilt or punishment; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Impeach a person the district attorney intends to call as a witness at the trial.", "subsections": []}]}, {"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Shall occur regardless of whether the material or information is recorded or in writing. Expands any obligation under a statutory provision or the Oregon or United States Constitution to disclose, or right to disclosure of, personnel or internal affairs files of law enforcement officers.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Shall occur without delay in accordance with ORS 135.845 and prior to the entry of any guilty plea pursuant to an agreement with the state. If the existence of the material or information is not known at that time, the disclosure shall be made upon discovery without regard to whether the represented defendant has entered or agreed to enter a guilty plea. Imposes any obligation on the district attorney to provide material or information beyond the obligation imposed by the Oregon and United States Constitutions.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) The disclosure required by subsection (b); and", "subsections": [{"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Any checklist prepared by the operator of the instrument for the test.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Except as otherwise provided in ORS 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 within the possession or control of the district attorney: of this section except for the personal identifiers of the victim and any witnesses. of this section.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Any report prepared by a police officer relating to field tests, interviews, observations and other information relating to the charged offense; of this subsection, the district attorney shall disclose the personal identifiers of the victim and any witnesses if the trial court orders the disclosure. A trial court shall order the district attorney to disclose the personal identifiers of the victim and any witnesses if the trial court finds that:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The defendant has requested the information; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "(i) The victim or witness is a business or institution and disclosure of the information would not represent a risk of harm to the victim or witness; or", "subsections": [{"label": "(ii)", "token": "ii", "kind": "roman_lower", "text": "The need for the information cannot reasonably be met by other means.", "subsections": []}]}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any report relating to the test results; Notwithstanding paragraph The trial court shall order the lawyer, or representative of the lawyer, to disclose to the defendant the personal identifiers of a victim or witness if the court finds that:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The defendant’s lawyer has requested the district attorney to disclose the information to the defendant;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The district attorney has refused to disclose the information to the defendant; and", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The need for the information cannot reasonably be met by other means.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A copy of the form provided to the defendant under ORS 813.100", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(a) If a defendant is not represented by a lawyer, the district attorney shall disclose to the defendant all of the information described in subsections", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "(a) Unless authorized by the trial court to disclose the information, a lawyer representing a defendant, or a representative of the lawyer, may not disclose to the defendant personal identifiers of a victim or witness obtained under subsections", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Personal identifiers” means:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "In relation to a witness, the witness’s address, telephone number, Social Security number and date of birth and the identifying number of the witness’s depository account at a financial institution, as defined in ORS 706.008, or credit card account.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "In relation to a victim, the victim’s address, electronic mail address, telephone number, Social Security number, date of birth, any user names or other identifying information associated with the victim’s social media accounts and the identifying number of the victim’s depository account at a financial institution, as defined in ORS 706.008, or credit card account.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Representative of the lawyer” has the meaning given that term in ORS 40.225.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Represented defendant” means a defendant who is represented by a lawyer in a criminal action.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "“Social media” has the meaning given that term in ORS 659A.330. [1973 c.836 §214; 1989 c.790 §5; 1993 c.469 §2; 1999 c.304 §1; 2005 c.545 §1; 2007 c.581 §1; 2013 c.525 §1; 2017 c.171 §1; 2019 c.475 §11; 2021 c.409 §2]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.820", "name": "ORS 135.820", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.820", "sectionName": "ORS 135.820", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.820", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.825", "name": "Other", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.825", "sectionName": "Other", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.825", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "disclosure to defense;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.855"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "disclosure to defense; special conditions. Except as otherwise provided in ORS 135.855 and", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.830", "name": "ORS 135.830", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.830", "sectionName": "ORS 135.830", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.830", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §161;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.355"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §161; renumbered 135.355]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.835", "name": "ORS 135.835", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.835", "sectionName": "ORS 135.835", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.835", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Disclosure to the state. Except as otherwise provided in ORS 135.855 and 135.873, the defense shall disclose to the district attorney the following material and information within the possession or control of the defense:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.855", "135.873"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Disclosure to the state. Except as otherwise provided in ORS 135.855 and 135.873, the defense shall disclose to the district attorney the following material and information within the possession or control of the defense: (1) The names and addresses of persons, including the defendant, whom the defense intends to call as witnesses at the trial, together with relevant written or recorded statements or memoranda of any oral statements of such persons other than the defendant. (2) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons, that the defense intends to offer in evidence at the trial. (3) Any books, papers, documents, photographs or tangible objects that the defense intends to offer in evidence at the trial. [1973 c.836 §216; 1999 c.304 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The names and addresses of persons, including the defendant, whom the defense intends to call as witnesses at the trial, together with relevant written or recorded statements or memoranda of any oral statements of such persons other than the defendant.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons, that the defense intends to offer in evidence at the trial.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Any books, papers, documents, photographs or tangible objects that the defense intends to offer in evidence at the trial. [1973 c.836 §216; 1999 c.304 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.840", "name": "ORS 135.840", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.840", "sectionName": "ORS 135.840", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.840", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §162;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.360"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §162; renumbered 135.360]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.845", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.845", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.845", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of disclosure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.805", "135.873", "135.970"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of disclosure. (1) The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or the filing of a complaint or information charging a misdemeanor or violation of a city ordinance. The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and expeditiously. (2) If, after complying with the provisions of ORS 135.805 to 135.873 and 135.970, a party finds, either before or during trial, additional material or information which is subject to or covered by these provisions, the party must promptly notify the other party of the additional material or information. [1973 c.836 §217; 1999 c.304 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The obligations to disclose shall be performed as soon as practicable following the filing of an indictment or information in the circuit court or the filing of a complaint or information charging a misdemeanor or violation of a city ordinance. The court may supervise the exercise of discovery to the extent necessary to insure that it proceeds properly and expeditiously.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If, after complying with the provisions of ORS 135.805 to 135.873 and 135.970, a party finds, either before or during trial, additional material or information which is subject to or covered by these provisions, the party must promptly notify the other party of the additional material or information. [1973 c.836 §217; 1999 c.304 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.850", "name": "ORS 135.850", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.850", "sectionName": "ORS 135.850", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.850", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §163;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.365"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §163; renumbered 135.365]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.855", "name": "ORS 135.855", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.855", "sectionName": "ORS 135.855", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.855", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Material and information not subject to discovery.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.805", "135.873"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Material and information not subject to discovery. (1) The following material and information shall not be subject to discovery under ORS 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. (b) The identity of a confidential informant where the identity of the informant is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Except as provided in ORS 135.873, disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial. (c) Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of statements made by the defendant. (d) Schematics, source codes or software of an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood that are not in the actual possession or control of the state. (2) When some parts of certain material are discoverable under ORS 135.805 to 135.873 or", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The following material and information shall not be subject to discovery under ORS 135.805 to 135.873:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "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.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The identity of a confidential informant where the identity of the informant is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Except as provided in ORS 135.873, disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Transcripts, recordings or memoranda of testimony of witnesses before the grand jury, except transcripts or recordings of statements made by the defendant.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Schematics, source codes or software of an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood that are not in the actual possession or control of the state.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "When some parts of certain material are discoverable under ORS 135.805 to 135.873 or", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.857", "name": "ORS 135.857", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.857", "sectionName": "ORS 135.857", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.857", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Disclosure to victim; conditions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.805", "135.873", "131.005", "475.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Disclosure to victim; conditions. (1) In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or drugs, the district attorney prosecuting the action shall make available, upon request, to the victim or victims and to their attorney, or to the survivors of the victim or victims and to their attorney, all reports and information disclosed to the defendant pursuant to ORS 135.805 to 135.873. The reports and information shall be made available at the same time as it is disclosed to the defendant or as soon thereafter as may be practicable after a request is received. The district attorney may impose such conditions as may be reasonable and necessary to prevent the release of the reports and information from interfering with the trial of the defendant. The district attorney may apply to the court for an order requiring any person receiving such reports and information to comply with the conditions of release. (2) For the purpose of this section: (a) “District attorney” has that meaning given in ORS 131.005. (b) “Drug” has that meaning given in ORS 475.005. [1991 c.229 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In any criminal prosecution arising from an automobile collision in which the defendant is alleged to have been under the influence of alcohol or drugs, the district attorney prosecuting the action shall make available, upon request, to the victim or victims and to their attorney, or to the survivors of the victim or victims and to their attorney, all reports and information disclosed to the defendant pursuant to ORS 135.805 to 135.873. The reports and information shall be made available at the same time as it is disclosed to the defendant or as soon thereafter as may be practicable after a request is received. The district attorney may impose such conditions as may be reasonable and necessary to prevent the release of the reports and information from interfering with the trial of the defendant. The district attorney may apply to the court for an order requiring any person receiving such reports and information to comply with the conditions of release.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "For the purpose of this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“District attorney” has that meaning given in ORS 131.005.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Drug” has that meaning given in ORS 475.005. [1991 c.229 §2]", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.860", "name": "ORS 135.860", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.860", "sectionName": "ORS 135.860", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.860", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §164;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.370"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §164; renumbered 135.370]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.865", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.865", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.865", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of failure to comply with discovery requirements.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.805", "135.873", "135.970"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of failure to comply with discovery requirements. Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in evidence the material not disclosed, or enter such other order as it considers appropriate. [1973 c.836 §219; 1999 c.304 §6]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.870", "name": "ORS 135.870", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.870", "sectionName": "ORS 135.870", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.870", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1971 c.743 §321;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1971 c.743 §321; repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.873", "name": "ORS 135.873", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.873", "sectionName": "ORS 135.873", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.873", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Protective orders.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["174.116", "174.111", "131.007", "163.700", "163.701"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Protective orders. (1) As used in this section: (a) “Local government” has the meaning given that term in ORS 174.116. (b) “Sexual offense” includes but is not limited to a sex crime as defined in ORS 163A.005. (c) “State government” has the meaning given that term in ORS 174.111. (d) “Victim” has the meaning given that term in ORS 131.007. (2) Upon a showing of good cause, the court may at any time order that specified disclosures be denied, restricted or deferred, or make such other order as is appropriate. (3) Upon request of any party, the court may permit a showing of good cause for denial or regulation of disclosures, or portion of such showing, to be made in camera. A record shall be made of such proceedings. (4) If the court enters an order granting relief following a showing in camera, the entire record of the showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. Except for information or materials subject to an order that has been entered under subsection (5) or (6) of this section, the trial court, in its discretion, may, after the case has been concluded, unseal matters previously sealed. (5) Upon the request of a district attorney or the victim, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating any information of a sexually explicit nature including, but not limited to, photographs depicting a person in a state of nudity, photographs of human genitalia, any information of the prior sexual history of the victim and any visual or audio recording of the sexual victimization. (6) Upon the request of a district attorney or the victim, unless the court finds good cause to do otherwise, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating a visual or audio recording of the victim describing the victim’s sexual victimization. (7) Notwithstanding a protective order entered under subsection (5) or (6) of this section, information or materials described in subsections (5) and (6) may be copied or disseminated for the purpose of: (a) Providing discovery; (b) Submitting evidence to a grand jury, a court, an agency of state government, a local government or a federal agency for use in judicial or administrative proceedings; (c) Having the information or materials examined by an expert witness for the court, the state or any party; (d) Providing copies of the information or materials to the parties’ attorneys or agents; or (e) Sharing the information or materials with an agency of state government for use in carrying out duties imposed on the agency by statute. (8) Upon the request of the victim, the court may order that the victim be provided with a copy of information or materials described in subsections (5) and (6) of this section. [1973 c.836 §220; 2005 c.531 §1; 2009 c.713 §10; 2015 c.645 §6]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Local government” has the meaning given that term in ORS 174.116.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Sexual offense” includes but is not limited to a sex crime as defined in ORS 163A.005.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“State government” has the meaning given that term in ORS 174.111.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "“Victim” has the meaning given that term in ORS 131.007.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Upon a showing of good cause, the court may at any time order that specified disclosures be denied, restricted or deferred, or make such other order as is appropriate.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Upon request of any party, the court may permit a showing of good cause for denial or regulation of disclosures, or portion of such showing, to be made in camera. A record shall be made of such proceedings.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If the court enters an order granting relief following a showing in camera, the entire record of the showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. Except for information or materials subject to an order that has been entered under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "or Upon the request of a district attorney or the victim, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating any information of a sexually explicit nature including, but not limited to, photographs depicting a person in a state of nudity, photographs of human genitalia, any information of the prior sexual history of the victim and any visual or audio recording of the sexual victimization.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "of this section, the trial court, in its discretion, may, after the case has been concluded, unseal matters previously sealed. Upon the request of a district attorney or the victim, unless the court finds good cause to do otherwise, the court shall enter a protective order prohibiting any party to or attorney in, or the agent of a party to or attorney in, criminal proceedings involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child or invasion of personal privacy under ORS 163.700 or 163.701 from copying or disseminating a visual or audio recording of the victim describing the victim’s sexual victimization. of this section, information or materials described in subsections may be copied or disseminated for the purpose of: of this section. [1973 c.836 §220; 2005 c.531 §1; 2009 c.713 §10; 2015 c.645 §6]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Providing discovery;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Submitting evidence to a grand jury, a court, an agency of state government, a local government or a federal agency for use in judicial or administrative proceedings;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Having the information or materials examined by an expert witness for the court, the state or any party;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Providing copies of the information or materials to the parties’ attorneys or agents; or", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Sharing the information or materials with an agency of state government for use in carrying out duties imposed on the agency by statute.", "subsections": []}]}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "Notwithstanding a protective order entered under subsection", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "Upon the request of the victim, the court may order that the victim be provided with a copy of information or materials described in subsections", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.875", "name": "ORS 135.875", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.875", "sectionName": "ORS 135.875", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.875", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1969 c.293 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1969 c.293 §1; renumbered", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.880", "name": "ORS 135.880", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.880", "sectionName": "ORS 135.880", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.880", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §176;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.465"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §176; renumbered 135.465] DIVERSION (Generally)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.881", "name": "ORS 135.881", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.881", "sectionName": "ORS 135.881", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.881", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Definitions for ORS 135.881 to 135.901. As used in ORS 135.881 to 135.901:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.881", "135.901", "131.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 135.881 to 135.901. As used in ORS 135.881 to 135.901: (1) “District attorney” has the meaning given that term in ORS 131.005. (2) “Diversion” means referral of a defendant in a criminal case to a supervised performance program prior to adjudication. (3) “Diversion agreement” means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against the defendant dismissed. (4) “Servicemember” means a person who: (a) Is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; or (b)(A) Served as a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; and (B) Received an honorable discharge, a general discharge under honorable conditions or a discharge under other than honorable conditions. [1977 c.373 §1; 2010 c.25 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“District attorney” has the meaning given that term in ORS 131.005.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Diversion” means referral of a defendant in a criminal case to a supervised performance program prior to adjudication.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "“Diversion agreement” means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against the defendant dismissed.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "“Servicemember” means a person who:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "(A) Served as a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard; and", "subsections": [{"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Received an honorable discharge, a general discharge under honorable conditions or a discharge under other than honorable conditions. [1977 c.373 §1; 2010 c.25 §1]", "subsections": []}]}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.886", "name": "ORS 135.886", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.886", "sectionName": "ORS 135.886", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.886", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Requirements for diversion; factors considered.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section is not available to a defendant charged with the crime of driving while under the influence of intoxicants as defined in ORS 813.010. (2) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider at least the following factors"], "ors_citations": ["813.010", "135.891", "163.365", "163.375", "163.395", "163.405", "163.408", "163.411", "163.427", "135.230", "161.015", "30.866", "107.700", "107.735", "124.005", "124.040", "163.730", "163.750", "135.250"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Requirements for diversion; factors considered. (1) After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010, and after the district attorney has considered the factors listed in subsection (2) of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion agreement to the defendant the terms of which are established by the district attorney in conformance with ORS 135.891. A diversion agreement under this section is not available to a defendant charged with the crime of driving while under the influence of intoxicants as defined in ORS 813.010. (2) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider at least the following factors: (a) The nature of the offense; however, except as provided in subsection (3) of this section, the offense must not have involved physical injury to another person; (b) Any special characteristics or difficulties of the offender; (c) Whether the defendant is a first-time offender; if the offender has previously participated in diversion, according to the certification of the Department of Justice, diversion may not be offered; (d) Whether there is a probability that the defendant will cooperate with and benefit from alternative treatment; (e) Whether the available program is appropriate to the needs of the offender; (f) The impact of diversion upon the community; (g) Recommendations, if any, of the involved law enforcement agency; (h) Recommendations, if any, of the victim; (i) Provisions for restitution; and (j) Any mitigating circumstances. (3) In determining whether diversion of a defendant who is a servicemember is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider all of the factors listed in subsection (2) of this section, including the nature of the offense, except that diversion may not be offered if the offense: (a) Involved serious physical injury to another person; (b) Is classified as a Class A or B felony and involved physical injury to another person; (c) Is described in ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411 or 163.427; or (d) Involved domestic violence as defined in ORS 135.230 and, at the time the offense was committed, the defendant was subject to a protective order in favor of the victim of the offense. (4) As used in this section: (a) “Physical injury” and “serious physical injury” have the meanings given those terms in ORS 161.015. (b) “Protective order” means: (A) An order issued under ORS 30.866, 107.700 to 107.735, 124.005 to 124.040 or 163.730 to 163.750; or (B) A condition of probation, parole or post-prison supervision, or a release agreement under ORS 135.250, that prohibits the defendant from contacting the victim. [1977 c.373 §2; 1981 c.64 §1; 1981 c.803 §2; 1983 c.338 §889; 2010 c.25 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010, and after the district attorney has considered the factors listed in subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section, if it appears to the district attorney that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the district attorney may propose a diversion agreement to the defendant the terms of which are established by the district attorney in conformance with ORS 135.891. A diversion agreement under this section is not available to a defendant charged with the crime of driving while under the influence of intoxicants as defined in ORS 813.010. In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider at least the following factors: of this section, including the nature of the offense, except that diversion may not be offered if the offense:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The nature of the offense; however, except as provided in subsection Involved serious physical injury to another person;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Is classified as a Class A or B felony and involved physical injury to another person;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Is described in ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411 or 163.427; or", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Involved domestic violence as defined in ORS 135.230 and, at the time the offense was committed, the defendant was subject to a protective order in favor of the victim of the offense.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "of this section, the offense must not have involved physical injury to another person; In determining whether diversion of a defendant who is a servicemember is in the interests of justice and of benefit to the defendant and the community, the district attorney shall consider all of the factors listed in subsection", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any special characteristics or difficulties of the offender;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Whether the defendant is a first-time offender; if the offender has previously participated in diversion, according to the certification of the Department of Justice, diversion may not be offered;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Whether there is a probability that the defendant will cooperate with and benefit from alternative treatment;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "Whether the available program is appropriate to the needs of the offender;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "The impact of diversion upon the community;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "Recommendations, if any, of the involved law enforcement agency;", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "Recommendations, if any, of the victim;", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "Provisions for restitution; and", "subsections": []}, {"label": "(j)", "token": "j", "kind": "alpha_lower", "text": "Any mitigating circumstances.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Physical injury” and “serious physical injury” have the meanings given those terms in ORS 161.015.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Protective order” means:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "An order issued under ORS 30.866, 107.700 to 107.735, 124.005 to 124.040 or 163.730 to 163.750; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A condition of probation, parole or post-prison supervision, or a release agreement under ORS 135.250, that prohibits the defendant from contacting the victim. [1977 c.373 §2; 1981 c.64 §1; 1981 c.803 §2; 1983 c.338 §889; 2010 c.25 §2]", "subsections": []}]}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.890", "name": "ORS 135.890", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.890", "sectionName": "ORS 135.890", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.890", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.891", "name": "ORS 135.891", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.891", "sectionName": "ORS 135.891", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.891", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.080", "136.100", "135.705", "135.881", "135.901"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Conditions of diversion agreement; dismissal of criminal charges; scope of agreement; program fee. (1) A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial. It may include, but is not limited to, admissions by the defendant, stipulation of facts, stipulation that depositions of witnesses may be taken pursuant to ORS 136.080 to 136.100, payment of costs as defined in ORS 135.705, restitution, performance of community service, residence in a halfway house or similar facility, maintenance of gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services. (2) As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer. [1977 c.373 §3; 1985 c.710 §5; 2012 c.81 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial. It may include, but is not limited to, admissions by the defendant, stipulation of facts, stipulation that depositions of witnesses may be taken pursuant to ORS 136.080 to 136.100, payment of costs as defined in ORS 135.705, restitution, performance of community service, residence in a halfway house or similar facility, maintenance of gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventive guidance and other rehabilitative services.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As a condition of entering into a diversion agreement under ORS 135.881 to 135.901, the defendant must pay a program fee of $100. The court may waive all or part of the fee in cases involving indigent defendants, or may provide for payment of the fee on an installment basis. A fee collected under this subsection in the circuit court shall be deposited by the clerk of the court in the Criminal Fine Account. If the fee is collected in a municipal or justice court, $35 of the fee shall be forwarded by the court to the Department of Revenue for deposit in the Criminal Fine Account, and the remainder of the fee shall be paid to the city or county treasurer. [1977 c.373 §3; 1985 c.710 §5; 2012 c.81 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.893", "name": "ORS 135.893", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.893", "sectionName": "ORS 135.893", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.893", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Diversion conditions related to medical use of cannabis.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.891"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Diversion conditions related to medical use of cannabis. (1) As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777. (2) For a person who holds a registry identification card who is subject to a diversion agreement under ORS 135.891, the diversion conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the diversion conditions related to prescription drugs. [2016 c.24 §53d; 2019 c.292 §7]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "For a person who holds a registry identification card who is subject to a diversion agreement under ORS 135.891, the diversion conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as the diversion conditions related to prescription drugs. [2016 c.24 §53d; 2019 c.292 §7]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.896", "name": "Stay", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.896", "sectionName": "Stay", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.896", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of criminal proceedings during period of agreement; limitation on stay; extension of stay.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.898"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of criminal proceedings during period of agreement; limitation on stay; extension of stay. (1) If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal proceedings for a definite period. Except as provided in ORS 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. If the defendant declines diversion, the court shall resume criminal proceedings. (2) Prior to the end of the stay of criminal proceedings described in subsection (1) of this section, the defendant may request that the district attorney approve an extension of the stay for a period up to 270 days in the case of a defendant charged with the commission of a felony and up to 180 days in the case of a defendant charged with the commission of a misdemeanor. If the district attorney approves the extension, the district attorney shall notify the court and the court shall order an extension of the stay of criminal proceedings for the approved period of time. [1977 c.373 §4; 2010 c.25 §3; 2015 c.258 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal proceedings for a definite period. Except as provided in ORS 135.898 and subsection of this section, the defendant may request that the district attorney approve an extension of the stay for a period up to 270 days in the case of a defendant charged with the commission of a felony and up to 180 days in the case of a defendant charged with the commission of a misdemeanor. If the district attorney approves the extension, the district attorney shall notify the court and the court shall order an extension of the stay of criminal proceedings for the approved period of time. [1977 c.373 §4; 2010 c.25 §3; 2015 c.258 §1]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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. If the defendant declines diversion, the court shall resume criminal proceedings. Prior to the end of the stay of criminal proceedings described in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.898", "name": "ORS 135.898", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.898", "sectionName": "ORS 135.898", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.898", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Diversion agreement involving servicemember charged with domestic violence. When a diversion agreement authorized under ORS 135.886", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.886"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Diversion agreement involving servicemember charged with domestic violence. When a diversion agreement authorized under ORS 135.886 (3) involves domestic violence as defined in ORS", "subsections": [{"label": "(3)", "token": "3", "kind": "numeric", "text": "involves domestic violence as defined in ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.900", "name": "ORS 135.900", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.900", "sectionName": "ORS 135.900", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.900", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.901", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.901", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.901", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program. (1) If the district attorney finds at the termination of the diversion period or any time prior thereto that the divertee has failed to fulfill the terms of the diversion agreement, the district attorney shall terminate diversion and the court shall resume criminal proceedings. However, if the former divertee is adjudicated guilty as a result thereof, the court may take into consideration at the time of the sentencing any partially successful fulfillment by such person of the terms of agreement. (2) If the district attorney informs the court at the termination of the diversion period that the defendant has fulfilled the terms of the diversion agreement, the court shall dismiss with prejudice the criminal charges filed against the defendant. (3) A record of the fact that an individual has participated in diversion shall be forwarded to and kept by the Department of Justice, and shall be made available upon request to any district attorney who subsequently considers diversion of such person. [1977 c.373 §5; 1981 c.64 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the district attorney finds at the termination of the diversion period or any time prior thereto that the divertee has failed to fulfill the terms of the diversion agreement, the district attorney shall terminate diversion and the court shall resume criminal proceedings. However, if the former divertee is adjudicated guilty as a result thereof, the court may take into consideration at the time of the sentencing any partially successful fulfillment by such person of the terms of agreement.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the district attorney informs the court at the termination of the diversion period that the defendant has fulfilled the terms of the diversion agreement, the court shall dismiss with prejudice the criminal charges filed against the defendant.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A record of the fact that an individual has participated in diversion shall be forwarded to and kept by the Department of Justice, and shall be made available upon request to any district attorney who subsequently considers diversion of such person. [1977 c.373 §5; 1981 c.64 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.905", "name": "ORS 135.905", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.905", "sectionName": "ORS 135.905", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.905", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1987 c.905 §10;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1987 c.905 §10; 1999 c.59 §27; repealed by 2012 c.81 §7]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.907", "name": "ORS 135.907", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.907", "sectionName": "ORS 135.907", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.907", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §5;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1989 c.1075 §5; repealed by 2017 c.21 §126]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.909", "name": "ORS 135.909", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.909", "sectionName": "ORS 135.909", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.909", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §6;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1989 c.1075 §6; 1993 c.13 §2; repealed by 2017 c.21 §126]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.911", "name": "ORS 135.911", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.911", "sectionName": "ORS 135.911", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.911", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §7;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1989 c.1075 §7; repealed by 2017 c.21 §126]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.913", "name": "ORS 135.913", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.913", "sectionName": "ORS 135.913", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.913", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §8;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1989 c.1075 §8; repealed by 2017 c.21 §126]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.915", "name": "ORS 135.915", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.915", "sectionName": "ORS 135.915", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.915", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §9;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1989 c.1075 §9; repealed by 2017 c.21 §126]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.917", "name": "ORS 135.917", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.917", "sectionName": "ORS 135.917", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.917", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §11;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1989 c.1075 §11; 2009 c.595 §93; repealed by 2017 c.21 §126]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.919", "name": "ORS 135.919", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.919", "sectionName": "ORS 135.919", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.919", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §10;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1989 c.1075 §10; 2015 c.258 §2; repealed by 2017 c.21 §126]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.921", "name": "ORS 135.921", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.921", "sectionName": "ORS 135.921", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.921", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1989 c.1075 §12;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[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; 2011 c.595 §165; repealed by 2017 c.21 §126] (Bad Check)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.925", "name": "Bad", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.925", "sectionName": "Bad", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.925", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "check diversion program; fees.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["165.065"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "check diversion program; fees. (1) As used in this section, “bad check diversion program” means a program established under subsection (2) of this section. (2) A district attorney may establish a bad check diversion program within the office of the district attorney. (3) If a district attorney has established a bad check diversion program, upon receipt of a case alleging a violation of ORS 165.065, the district attorney shall determine if the case is appropriate to be referred to the bad check diversion program. In determining whether to refer the case to the bad check diversion program, the district attorney shall consider, in addition to any other factors the district attorney deems appropriate, the following: (a) The amount of the bad check; (b) Whether the person alleged to have negotiated the bad check has a prior criminal record or has previously participated in a bad check diversion program; (c) The number of violations of ORS 165.065 the person is alleged to have committed in the current or prior allegations; (d) Whether current charges of violating ORS 165.065 are pending against the person; and (e) The strength of the evidence of intent to defraud the victim. (4) When a case is referred to the bad check diversion program, the district attorney shall send a notice to the person who is alleged to have violated ORS 165.065. The notice must contain: (a) The date and amount of the bad check; (b) The name of the payee; (c) The date before which the person is required to contact the district attorney, or a person designated by the district attorney, concerning the bad check; and (d) The penalty for a violation of ORS 165.065. (5) The district attorney may enter into a written agreement with the person alleged to have violated ORS 165.065 to forgo prosecution of the violation if the person agrees to do the following within a six-month period: (a) Complete a class conducted by the district attorney, or by a private entity under contract to the district attorney, relating to writing checks; (b) Make full restitution to the payee; and (c) Pay any collection fee imposed by the district attorney under subsection (6) of this section. (6) A district attorney may collect a fee if the district attorney collects and processes a bad check. The amount of the fee may not exceed $35 for each bad check in addition to the actual amount of any bank charge incurred by the victim as a result of the bad check. (7) The district attorney may not require a person alleged to have violated ORS 165.065 to make an admission of guilt as a prerequisite to participating in a bad check diversion program. (8) The following are not admissible in any civil or criminal action against a person arising from negotiating a bad check: (a) A statement, or any information derived from the statement, made by the person in connection with the determination of the person’s eligibility to participate in a bad check diversion program. (b) A statement, or any information derived from the statement, made by the person after the person is determined to be eligible to participate in a bad check diversion program. (c) A statement, or any information derived from the statement, made by the person while participating in a bad check diversion program. (d) Information about the person’s participation in a bad check diversion program. (9) A district attorney may not authorize a private entity to use the seal, letterhead or name of the district attorney or district attorney’s office to collect debt, including restitution, pursuant to a bad check diversion program. [2001 c.433 §1; 2013 c.551 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section, “bad check diversion program” means a program established under subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section. A district attorney may establish a bad check diversion program within the office of the district attorney.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If a district attorney has established a bad check diversion program, upon receipt of a case alleging a violation of ORS 165.065, the district attorney shall determine if the case is appropriate to be referred to the bad check diversion program. In determining whether to refer the case to the bad check diversion program, the district attorney shall consider, in addition to any other factors the district attorney deems appropriate, the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The amount of the bad check;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Whether the person alleged to have negotiated the bad check has a prior criminal record or has previously participated in a bad check diversion program;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The number of violations of ORS 165.065 the person is alleged to have committed in the current or prior allegations;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Whether current charges of violating ORS 165.065 are pending against the person; and", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The strength of the evidence of intent to defraud the victim.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "When a case is referred to the bad check diversion program, the district attorney shall send a notice to the person who is alleged to have violated ORS 165.065. The notice must contain:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The date and amount of the bad check;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The name of the payee;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The date before which the person is required to contact the district attorney, or a person designated by the district attorney, concerning the bad check; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The penalty for a violation of ORS 165.065.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The district attorney may enter into a written agreement with the person alleged to have violated ORS 165.065 to forgo prosecution of the violation if the person agrees to do the following within a six-month period:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Complete a class conducted by the district attorney, or by a private entity under contract to the district attorney, relating to writing checks;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Make full restitution to the payee; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Pay any collection fee imposed by the district attorney under subsection", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "of this section. A district attorney may collect a fee if the district attorney collects and processes a bad check. The amount of the fee may not exceed $35 for each bad check in addition to the actual amount of any bank charge incurred by the victim as a result of the bad check.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "The district attorney may not require a person alleged to have violated ORS 165.065 to make an admission of guilt as a prerequisite to participating in a bad check diversion program.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "The following are not admissible in any civil or criminal action against a person arising from negotiating a bad check:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A statement, or any information derived from the statement, made by the person in connection with the determination of the person’s eligibility to participate in a bad check diversion program.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A statement, or any information derived from the statement, made by the person after the person is determined to be eligible to participate in a bad check diversion program.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A statement, or any information derived from the statement, made by the person while participating in a bad check diversion program.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Information about the person’s participation in a bad check diversion program.", "subsections": []}]}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "A district attorney may not authorize a private entity to use the seal, letterhead or name of the district attorney or district attorney’s office to collect debt, including restitution, pursuant to a bad check diversion program. [2001 c.433 §1; 2013 c.551 §2] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.930", "name": "ORS 135.930", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.930", "sectionName": "ORS 135.930", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.930", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1983 c.487 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1983 c.487 §1; 1987 c.320 §22; repealed by 1987 c.908 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.935", "name": "ORS 135.935", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.935", "sectionName": "ORS 135.935", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.935", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1983 c.487 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1983 c.487 §2; 1987 c.320 §23; repealed by 1987 c.908 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.940", "name": "ORS 135.940", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.940", "sectionName": "ORS 135.940", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.940", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1983 c.487 §3;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1983 c.487 §3; 1987 c.320 §24; repealed by 1987 c.908 §4] EARLY DISPOSITION PROGRAMS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.941", "name": "Early", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.941", "sectionName": "Early", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.941", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "disposition programs. To effectuate the purposes set out in ORS 135.942, each local public safety coordinating council established under ORS 423.560:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.942", "423.560"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "disposition programs. To effectuate the purposes set out in ORS 135.942, each local public safety coordinating council established under ORS 423.560: (1) Shall establish early disposition programs for first-time offenders who have committed a nonperson offense and for persons charged with probation violations. As used in this subsection, “nonperson offense” means an offense other than: (a) A Class A or B felony; and (b) A person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission. (2) May establish early disposition programs for other offenders. [2001 c.635 §6] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Shall establish early disposition programs for first-time offenders who have committed a nonperson offense and for persons charged with probation violations. As used in this subsection, “nonperson offense” means an offense other than:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "A Class A or B felony; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A person felony or person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "May establish early disposition programs for other offenders. [2001 c.635 §6] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.942", "name": "ORS 135.942", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.942", "sectionName": "ORS 135.942", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.942", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Purposes of program. The purposes of an early disposition program are to:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.941"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Purposes of program. The purposes of an early disposition program are to: (1) Hold offenders accountable for their actions; (2) Ensure a prompt resolution of criminal matters; (3) Protect the rights of the public and the offender; (4) Maximize use of community resources to provide alternative sanctions for criminal behavior; and (5) Reduce the costs to the criminal justice system that are incurred when traditional sanctions are the only option available to district attorneys and courts. [2001 c.635 §7] Note: See note under 135.941.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Hold offenders accountable for their actions;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Ensure a prompt resolution of criminal matters;", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Protect the rights of the public and the offender;", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Maximize use of community resources to provide alternative sanctions for criminal behavior; and", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Reduce the costs to the criminal justice system that are incurred when traditional sanctions are the only option available to district attorneys and courts. [2001 c.635 §7] Note: See note under 135.941.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.943", "name": "ORS 135.943", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.943", "sectionName": "ORS 135.943", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.943", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Provisions of program. An early disposition program established under ORS 135.941 must provide, but need not be limited to, the following:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.941"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Provisions of program. An early disposition program established under ORS 135.941 must provide, but need not be limited to, the following: (1) Written criteria for eligibility to participate in the program. (2) Victim notification and appearance. (3) A process to ensure legal representation and provision of discovery for offenders who are eligible for the early disposition program. (4) Specific evaluation criteria and an evaluation schedule. The evaluation criteria must address, but need not be limited to, the following: (a) Cost avoidance; (b) Cost savings; and (c) Outcomes. [2001 c.635 §8] Note: See note under 135.941.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Written criteria for eligibility to participate in the program.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Victim notification and appearance.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A process to ensure legal representation and provision of discovery for offenders who are eligible for the early disposition program.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Specific evaluation criteria and an evaluation schedule. The evaluation criteria must address, but need not be limited to, the following:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Cost avoidance;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Cost savings; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Outcomes. [2001 c.635 §8] Note: See note under 135.941.", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.945", "name": "ORS 135.945", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.945", "sectionName": "ORS 135.945", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.945", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1983 c.487 §4;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1983 c.487 §4; 1987 c.320 §25; repealed by 1987 c.908 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.946", "name": "ORS 135.946", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.946", "sectionName": "ORS 135.946", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.946", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[2001 c.635 §9;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[2001 c.635 §9; repealed by 2005 c.308 §1]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.948", "name": "ORS 135.948", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.948", "sectionName": "ORS 135.948", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.948", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Availability to probationers.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.941"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Availability to probationers. (1)(a) A district attorney may provide an offer and agreed disposition recommendation under an early disposition program established under ORS 135.941 to a probationer at the time of the first appearance of the probationer in court for a probation violation. (b) Unless extended by the court, an offer and agreed disposition recommendation made under paragraph (a) of this subsection expire upon completion of the appearance. Except for good cause, a court may not extend an offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony. (2) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the probationer an opportunity to withdraw the admission. [2001 c.635 §14] Note: See note under 135.941.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) A district attorney may provide an offer and agreed disposition recommendation under an early disposition program established under ORS 135.941 to a probationer at the time of the first appearance of the probationer in court for a probation violation.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Unless extended by the court, an offer and agreed disposition recommendation made under paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection expire upon completion of the appearance. Except for good cause, a court may not extend an offer and agreed disposition recommendation under this paragraph for more than seven days for a misdemeanor or 21 days for a felony.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the probationer an opportunity to withdraw the admission. [2001 c.635 §14] Note: See note under 135.941.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.949", "name": "Other", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.949", "sectionName": "Other", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.949", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "programs authorized.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.941", "135.942", "135.943", "135.948", "135.380", "135.385", "135.390", "135.405"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "programs authorized. Nothing in ORS 135.941, 135.942, 135.943 and 135.948 or in the amendments to ORS 135.380, 135.385, 135.390 and 135.405 by sections 10 to 13, chapter 635, Oregon Laws 2001, prevents the implementation or continuation of an early disposition program other than one established under ORS 135.941. [2001 c.635 §15] Note: See note under 135.941.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.950", "name": "ORS 135.950", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.950", "sectionName": "ORS 135.950", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.950", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1983 c.487 §5;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1983 c.487 §5; repealed by 1987 c.908 §4] MEDIATING CRIMINAL OFFENSES", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.951", "name": "ORS 135.951", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.951", "sectionName": "ORS 135.951", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.951", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Authorization; determining when appropriate; exclusions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["107.705", "163.160", "163.165", "163.175", "163.185", "163.187"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authorization; determining when appropriate; exclusions. (1) Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney may propose mediation through a qualified mediation program. (2) In determining whether mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney shall consider, at a minimum, the following factors: (a) The nature of the offense; (b) Any special characteristics of the offender or the victim; (c) Whether the offender has previously participated in mediation; (d) Whether it is probable that the offender will cooperate with and benefit from mediation; (e) The recommendations of the victim; (f) Whether a qualified mediation program is available or may be made available; (g) The impact of mediation on the community; (h) The recommendations of the involved law enforcement agency; and (i) Any mitigating circumstances. (3) Mediation may not be used for: (a) Disputes between family or household members, as defined in ORS 107.705, that involve conduct that would constitute assault under ORS 163.160, 163.165, 163.175 or 163.185 or strangulation under ORS 163.187; or (b) Offenses that involve sex crimes, as defined in ORS 163A.005. [1995 c.323 §1; 2003 c.577 §6] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney may propose mediation through a qualified mediation program.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In determining whether mediation is in the interests of justice and of benefit to the offender, victim and community, the law enforcement agency, city attorney or district attorney shall consider, at a minimum, the following factors:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The nature of the offense;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any special characteristics of the offender or the victim;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Whether the offender has previously participated in mediation;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Whether it is probable that the offender will cooperate with and benefit from mediation;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The recommendations of the victim;", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "Whether a qualified mediation program is available or may be made available;", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "The impact of mediation on the community;", "subsections": []}, {"label": "(h)", "token": "h", "kind": "alpha_lower", "text": "The recommendations of the involved law enforcement agency; and", "subsections": []}, {"label": "(i)", "token": "i", "kind": "alpha_lower", "text": "Any mitigating circumstances.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Mediation may not be used for:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Disputes between family or household members, as defined in ORS 107.705, that involve conduct that would constitute assault under ORS 163.160, 163.165, 163.175 or 163.185 or strangulation under ORS 163.187; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Offenses that involve sex crimes, as defined in ORS 163A.005. [1995 c.323 §1; 2003 c.577 §6] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.953", "name": "How", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.953", "sectionName": "How", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.953", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "mediation may be used.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.881", "135.901", "135.703", "137.540", "135.405", "135.951"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "mediation may be used. (1) A defendant may participate in mediation as part of a diversion agreement under ORS 135.881 to 135.901. (2) A court, including, but not limited to, a justice court, may: (a) Authorize, in a pretrial release order, contact between a defendant and a victim as part of mediation between the defendant and the victim; (b) Consider mediation as the basis of a compromise of crimes under ORS 135.703; or (c) Include participation in mediation as a condition of probation under ORS 137.540. (3) A district attorney or city attorney: (a) May suspend prosecution of a case referred to mediation and dismiss the charges in the referred case if the defendant successfully completes the terms of the agreement resulting from the mediation; or (b) May include, with a defendant, mediation between the defendant and the victim as part of a plea agreement entered into under ORS 135.405. (4) A county juvenile department may include mediation between a child and a victim as one of the terms of a formal accountability agreement under ORS 419C.230 or an authorized diversion program under ORS 419C.225. (5) The Department of Corrections may use mediation for the purposes of rehabilitation and treatment. (6) Mediation may be used in any other appropriate manner in resolving disputes involving criminal matters. [1995 c.323 §2; 2007 c.609 §4] Note: See note under 135.951.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A defendant may participate in mediation as part of a diversion agreement under ORS 135.881 to 135.901.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A court, including, but not limited to, a justice court, may:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Authorize, in a pretrial release order, contact between a defendant and a victim as part of mediation between the defendant and the victim;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Consider mediation as the basis of a compromise of crimes under ORS 135.703; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Include participation in mediation as a condition of probation under ORS 137.540.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A district attorney or city attorney:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "May suspend prosecution of a case referred to mediation and dismiss the charges in the referred case if the defendant successfully completes the terms of the agreement resulting from the mediation; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "May include, with a defendant, mediation between the defendant and the victim as part of a plea agreement entered into under ORS 135.405.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A county juvenile department may include mediation between a child and a victim as one of the terms of a formal accountability agreement under ORS 419C.230 or an authorized diversion program under ORS 419C.225.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The Department of Corrections may use mediation for the purposes of rehabilitation and treatment.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Mediation may be used in any other appropriate manner in resolving disputes involving criminal matters. [1995 c.323 §2; 2007 c.609 §4] Note: See note under 135.951.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.955", "name": "ORS 135.955", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.955", "sectionName": "ORS 135.955", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.955", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Notifying victims and person charged with crime of mediation opportunities.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.951"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Notifying victims and person charged with crime of mediation opportunities. (1) Law enforcement agencies, district attorneys and city attorneys may inform: (a) The victim of a crime of: (A) Any mediation opportunities that may be available to the victim in the victim’s community, within or as an alternative to the criminal justice system; and (B) How to request mediation; and (b) A person charged with a crime of: (A) Any mediation opportunities that may be available to the person in the person’s community, within or as an alternative to the criminal justice system; and (B) How to request mediation. (2) No party to a dispute may be compelled to participate in mediation. [1995 c.323 §3] Note: See note under 135.951.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Law enforcement agencies, district attorneys and city attorneys may inform:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The victim of a crime of:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Any mediation opportunities that may be available to the victim in the victim’s community, within or as an alternative to the criminal justice system; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "How to request mediation; and", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A person charged with a crime of:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Any mediation opportunities that may be available to the person in the person’s community, within or as an alternative to the criminal justice system; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "How to request mediation.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "No party to a dispute may be compelled to participate in mediation. [1995 c.323 §3] Note: See note under 135.951.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.957", "name": "ORS 135.957", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.957", "sectionName": "ORS 135.957", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.957", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties. The provisions of ORS 36.220 to 36.238 do not apply to a mediation conducted under ORS 135.951 or 135.953 unless the parties to the mediation enter into a written agreement for confidentiality of the mediation. If the parties enter into a written agreement for confidentiality of the mediation, a court may not receive in evidence in any proceeding any mediation communications or mediation agreement to the extent provided by ORS 36.220 to 36.238. The parties participating in mediation must be informed:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["36.220", "36.238", "135.951", "135.953"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties. The provisions of ORS 36.220 to 36.238 do not apply to a mediation conducted under ORS 135.951 or 135.953 unless the parties to the mediation enter into a written agreement for confidentiality of the mediation. If the parties enter into a written agreement for confidentiality of the mediation, a court may not receive in evidence in any proceeding any mediation communications or mediation agreement to the extent provided by ORS 36.220 to 36.238. The parties participating in mediation must be informed: (1) Of the right to enter into a written agreement concerning confidentiality of the mediation proceedings; and (2) That mediation communications or agreements may not be used as an admission of guilt or as evidence against the offender in any adjudicatory proceeding. [1995 c.323 §4; 1997 c.670 §13] Note: See note under 135.951.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Of the right to enter into a written agreement concerning confidentiality of the mediation proceedings; and", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "That mediation communications or agreements may not be used as an admission of guilt or as evidence against the offender in any adjudicatory proceeding. [1995 c.323 §4; 1997 c.670 §13] Note: See note under 135.951.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.959", "name": "ORS 135.959", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.959", "sectionName": "ORS 135.959", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.959", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Authority to contract with dispute resolution programs.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Authority to contract with dispute resolution programs. A law enforcement agency, city attorney, district attorney, county juvenile department or court may contract with dispute resolution programs to provide mediation services under ORS", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.970", "name": "ORS 135.970", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.970", "sectionName": "ORS 135.970", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.970", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.580"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Information required when victim contacted by defense; deposition of victim; when contact with victim prohibited; effect of threats by defendant. (1) If the victim or a witness requests, the court shall order that the victim’s or witness’s address and phone number not be given to the defendant unless good cause is shown to the court. (2) If contacted by the defense or any agent of the defense, the victim must be clearly informed by the defense or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the defendant’s attorney, or other agents of the defendant, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact. (3) A victim may not be required to be interviewed or deposed by or give discovery to the defendant, the defendant’s attorney or any agent of the defense unless the victim consents. This subsection does not prohibit the defendant from: (a) Subpoenaing or examining the victim at trial or in a pretrial proceeding when the purpose is other than for discovery; or (b) Subpoenaing books, papers or documents as provided in ORS 136.580. (4)(a) Any pretrial release order must prohibit any contact with the victim, either directly or indirectly, unless specifically authorized by the court having jurisdiction over the criminal charge. This subsection shall not limit contact by the defense attorney, or an agent of the defense attorney, other than the defendant, in the manner set forth in subsection (2) of this section. (b) If a victim notifies the district attorney that the defendant, either directly or indirectly, threatened or intimidated the victim, the district attorney shall notify the court with jurisdiction over the criminal matter and the defense attorney. If the defendant is not in custody and the court finds there is probable cause to believe the victim has been threatened or intimidated by the defendant, either directly or indirectly, the court shall immediately issue an order to show cause why defendant’s release status should not be revoked. After conducting such hearing as it deems appropriate, if the court finds that the victim has been threatened or intimidated by the defendant, either directly or indirectly, the defendant’s release status shall be revoked and the defendant shall be held in custody with a security amount set in an amount sufficient to ensure the safety of the victim and the community. (5) As used in this section, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime against the person or a third person and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §3; 1997 c.313 §7; 1999 c.1051 §251; 2013 c.144 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the victim or a witness requests, the court shall order that the victim’s or witness’s address and phone number not be given to the defendant unless good cause is shown to the court.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If contacted by the defense or any agent of the defense, the victim must be clearly informed by the defense or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the defendant’s attorney, or other agents of the defendant, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact. of this section.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If a victim notifies the district attorney that the defendant, either directly or indirectly, threatened or intimidated the victim, the district attorney shall notify the court with jurisdiction over the criminal matter and the defense attorney. If the defendant is not in custody and the court finds there is probable cause to believe the victim has been threatened or intimidated by the defendant, either directly or indirectly, the court shall immediately issue an order to show cause why defendant’s release status should not be revoked. After conducting such hearing as it deems appropriate, if the court finds that the victim has been threatened or intimidated by the defendant, either directly or indirectly, the defendant’s release status shall be revoked and the defendant shall be held in custody with a security amount set in an amount sufficient to ensure the safety of the victim and the community.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A victim may not be required to be interviewed or deposed by or give discovery to the defendant, the defendant’s attorney or any agent of the defense unless the victim consents. This subsection does not prohibit the defendant from:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Subpoenaing or examining the victim at trial or in a pretrial proceeding when the purpose is other than for discovery; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Subpoenaing books, papers or documents as provided in ORS 136.580.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(a) Any pretrial release order must prohibit any contact with the victim, either directly or indirectly, unless specifically authorized by the court having jurisdiction over the criminal charge. This subsection shall not limit contact by the defense attorney, or an agent of the defense attorney, other than the defendant, in the manner set forth in subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "As used in this section, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime against the person or a third person and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §3; 1997 c.313 §7; 1999 c.1051 §251; 2013 c.144 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.973", "name": "ORS 135.973", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.973", "sectionName": "ORS 135.973", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.973", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Medication use by treatment court entrant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["137.680"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Medication use by treatment court entrant. (1) As used in this section, “treatment court” has the meaning given that term in ORS 137.680. (2) An individual may not be denied entry into a treatment court in this state solely for the reason that the individual is taking, or intends to take, medication prescribed by a licensed health care practitioner for the treatment of drug abuse or dependency. [2017 c.683 §6; 2025 c.151 §6] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section, “treatment court” has the meaning given that term in ORS 137.680.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "An individual may not be denied entry into a treatment court in this state solely for the reason that the individual is taking, or intends to take, medication prescribed by a licensed health care practitioner for the treatment of drug abuse or dependency. [2017 c.683 §6; 2025 c.151 §6] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.975", "name": "ORS 135.975", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.975", "sectionName": "ORS 135.975", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.975", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "[1987 c.475 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1987 c.475 §2; repealed by 1989 c.790 §74]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.980", "name": "ORS 135.980", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.980", "sectionName": "ORS 135.980", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.980", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Rehabilitative programs directory; compilation; availability.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["430.357"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Rehabilitative programs directory; compilation; availability. (1) The Director of the Department of Corrections shall maintain a directory of public and private rehabilitative programs known and available to corrections agencies of the state and of each county. For purposes of this subsection, “rehabilitative program” means a planned activity, in a custodial or noncustodial context, designed and implemented to treat drug or alcohol abuse, to prevent criminal sexual behavior, to modify a propensity to commit crimes against persons or property or to achieve restitution for losses caused by an offender and includes programs that employ the device of mediation between the victim and offender. Rehabilitative programs included in the directory that are designed and implemented to treat drug or alcohol abuse must meet minimum standards adopted by the Oregon Health Authority under ORS 430.357. The director shall include: (a) The name, address and telephone number of the program and the identity of its director or other principal contact; (b) The geographical jurisdiction of the program; (c) The types of offenders that the program claims to be able to serve and the criteria that the program applies in selecting or soliciting cases; (d) The claims of the program regarding its effectiveness in reducing recidivism, achieving restitution or otherwise serving correctional objectives; (e) An assessment by the relevant corrections agency of the actual effectiveness of the program; and (f) The capacity of the program for new cases. (2) The Director of the Department of Corrections shall make the directory available to the Oregon Criminal Justice Commission and to judges in a form that will allow sentencing judges to determine what rehabilitative programs are appropriate and available to the offender during any period of probation, imprisonment or local incarceration and post-prison supervision. The Director of the Department of Corrections shall also make the directory available to its employees who prepare presentence reports and proposed release plans for submission to the State Board of Parole and Post-Prison Supervision. (3) The directory shall be updated as frequently as is practical, but no less often than every six months. [1989 c.790 §7a; 2011 c.673 §4] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The Director of the Department of Corrections shall maintain a directory of public and private rehabilitative programs known and available to corrections agencies of the state and of each county. For purposes of this subsection, “rehabilitative program” means a planned activity, in a custodial or noncustodial context, designed and implemented to treat drug or alcohol abuse, to prevent criminal sexual behavior, to modify a propensity to commit crimes against persons or property or to achieve restitution for losses caused by an offender and includes programs that employ the device of mediation between the victim and offender. Rehabilitative programs included in the directory that are designed and implemented to treat drug or alcohol abuse must meet minimum standards adopted by the Oregon Health Authority under ORS 430.357. The director shall include:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The name, address and telephone number of the program and the identity of its director or other principal contact;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The geographical jurisdiction of the program;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The types of offenders that the program claims to be able to serve and the criteria that the program applies in selecting or soliciting cases;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The claims of the program regarding its effectiveness in reducing recidivism, achieving restitution or otherwise serving correctional objectives;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "An assessment by the relevant corrections agency of the actual effectiveness of the program; and", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "The capacity of the program for new cases.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The Director of the Department of Corrections shall make the directory available to the Oregon Criminal Justice Commission and to judges in a form that will allow sentencing judges to determine what rehabilitative programs are appropriate and available to the offender during any period of probation, imprisonment or local incarceration and post-prison supervision. The Director of the Department of Corrections shall also make the directory available to its employees who prepare presentence reports and proposed release plans for submission to the State Board of Parole and Post-Prison Supervision.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The directory shall be updated as frequently as is practical, but no less often than every six months. [1989 c.790 §7a; 2011 c.673 §4] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.983", "name": "Court", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.983", "sectionName": "Court", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.983", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "inquiry into defendant’s immigration status prohibited.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not prohibit a defendant from knowingly and voluntarily disclosing to the court the defendant"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "inquiry into defendant’s immigration status prohibited. (1) The court may not inquire into a defendant’s immigration status, and may not require a defendant to disclose the defendant’s immigration status, at any time during a criminal proceeding. (2) Subsection (1) of this section does not prohibit a defendant from knowingly and voluntarily disclosing to the court the defendant’s immigration status at any time during the criminal proceeding. [2019 c.437 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The court may not inquire into a defendant’s immigration status, and may not require a defendant to disclose the defendant’s immigration status, at any time during a criminal proceeding. of this section does not prohibit a defendant from knowingly and voluntarily disclosing to the court the defendant’s immigration status at any time during the criminal proceeding. [2019 c.437 §2] Note:", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.985", "name": "ORS 135.985", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.985", "sectionName": "ORS 135.985", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.985", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Procedure when defendant is servicemember.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Procedure when defendant is servicemember. (1) As used in this section, “servicemember” means a person who is a member, or who served as a member, of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard. (2) At the time of arraignment on a criminal charge, the court shall inform the defendant that the defendant’s status as a servicemember may make the defendant eligible for treatment programs, diversion, treatment courts or mitigated sentencing, and that the defendant may obtain information about these options by consulting with the defendant’s attorney. (3) In a criminal proceeding the defendant’s attorney may, with the permission of the defendant, notify the court that the defendant is a servicemember. (4) The fact that a defendant is a servicemember may not be used as an aggravating factor in determining the defendant’s sentence. [2019 c.86 §1; 2025 c.151 §7] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section, “servicemember” means a person who is a member, or who served as a member, of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "At the time of arraignment on a criminal charge, the court shall inform the defendant that the defendant’s status as a servicemember may make the defendant eligible for treatment programs, diversion, treatment courts or mitigated sentencing, and that the defendant may obtain information about these options by consulting with the defendant’s attorney.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "In a criminal proceeding the defendant’s attorney may, with the permission of the defendant, notify the court that the defendant is a servicemember.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The fact that a defendant is a servicemember may not be used as an aggravating factor in determining the defendant’s sentence. [2019 c.86 §1; 2025 c.151 §7] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 135.990", "name": "Penalties.", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-135"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "135", "titleName": "ORS Chapter 135", "chapterNumber": "135", "chapterName": null, "sectionNumber": "135.990", "sectionName": "Penalties.", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors135.html#section-135.990", "chapter": {"chapter_label": "135", "chapter_name": "ORS Chapter 135", "chapter_inferred": true}, "preamble": "Violation of ORS 135.155 is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.155", "133.990"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Violation of ORS 135.155 is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant. [Formerly 133.990] _______________", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.001", "name": "Right", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.001", "sectionName": "Right", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.001", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "to jury trial; waiver.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to jury trial; waiver. (1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury. (2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge. [1973 c.836 §221; 1997 c.313 §21]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge. [1973 c.836 §221; 1997 c.313 §21]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.005", "name": "ORS 136.005", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.005", "sectionName": "ORS 136.005", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.005", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Challenge to jury panel.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section are the exclusive means by which a district attorney or defendant may challenge a jury panel"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Challenge to jury panel. (1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator. (2) A challenge to the panel shall be made before the voir dire examination of the jury. (3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall: (a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and (b) Grant such other relief as may be appropriate. (4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 §222; 2001 c.779 §17]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A challenge to the panel shall be made before the voir dire examination of the jury.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Grant such other relief as may be appropriate.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 §222; 2001 c.779 §17]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.010", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.010", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.010", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "issue of fact arises.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "issue of fact arises. An issue of fact arises upon a plea of not guilty. [Amended by 1973 c.836 §223]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.020", "name": "ORS 136.020", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.020", "sectionName": "ORS 136.020", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.020", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.030", "name": "How", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.030", "sectionName": "How", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.030", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "issues are tried.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "issues are tried. An issue of law shall be tried by the judge of the court and an issue of fact by a jury of the county in which the action is triable. [Amended by 1973 c.836 §224]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.040", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.040", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.040", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "presence of defendant is necessary.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["161.566", "161.568"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "presence of defendant is necessary. (1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person. (2) Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568. [Amended by 1973 c.836 §225; 1993 c.533 §3; 1999 c.1051 §123]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person. of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568. [Amended by 1973 c.836 §225; 1993 c.533 §3; 1999 c.1051 §123]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Notwithstanding the provisions of subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.050", "name": "ORS 136.050", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.050", "sectionName": "ORS 136.050", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.050", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Reasonable doubt as to degree of crime committed by defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Reasonable doubt as to degree of crime committed by defendant. When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as to the degree of which the defendant is guilty, the defendant can be convicted of the lowest of those degrees only.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.060", "name": "ORS 136.060", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.060", "sectionName": "ORS 136.060", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.060", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Jointly charged defendants to be tried jointly; exception.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Jointly charged defendants to be tried jointly; exception. (1) Jointly charged defendants shall be tried jointly unless the court concludes before trial that it is clearly inappropriate to do so and orders that a defendant be tried separately. In reaching its conclusion the court shall strongly consider the victim’s interest in a joint trial. (2) In ruling on a motion by a defendant for severance, the court may order the prosecution to deliver to the court for inspection in camera any statements or confessions made by any defendant that the prosecution intends to introduce in evidence at the trial. [Amended by 1983 c.705 §1; 1987 c.2 §6]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Jointly charged defendants shall be tried jointly unless the court concludes before trial that it is clearly inappropriate to do so and orders that a defendant be tried separately. In reaching its conclusion the court shall strongly consider the victim’s interest in a joint trial.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In ruling on a motion by a defendant for severance, the court may order the prosecution to deliver to the court for inspection in camera any statements or confessions made by any defendant that the prosecution intends to introduce in evidence at the trial. [Amended by 1983 c.705 §1; 1987 c.2 §6]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.070", "name": "ORS 136.070", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.070", "sectionName": "ORS 136.070", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.070", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Postponement of trial.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Postponement of trial. When a case is at issue upon a question of fact and before the same is called for trial, the court may, upon sufficient cause shown by the affidavit of the defendant or the statement of the district attorney, direct the trial to be postponed for a reasonable period of time. [Amended by 1959 c.638 §18; 1973 c.836 §226]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.080", "name": "ORS 136.080", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.080", "sectionName": "ORS 136.080", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.080", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Deposition of witness as condition of postponement.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Deposition of witness as condition of postponement. When an application is made for the postponement of a trial, the court may in its discretion require as a condition precedent to granting the same that the party applying therefor consent that the deposition of a witness may be taken and read on the trial of the case. Unless such consent is given, the court may refuse to allow such postponement for any cause.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.090", "name": "ORS 136.090", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.090", "sectionName": "ORS 136.090", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.090", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Procedure for taking deposition.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.080"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Procedure for taking deposition. When the consent mentioned in ORS 136.080 is given, the court shall make an order appointing some proper time and place for taking the deposition of the witness, either by the judge thereof or before some suitable person to be named therein as commissioner and upon either written or oral interrogatories.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.100", "name": "Filing", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.100", "sectionName": "Filing", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.100", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "and use of deposition.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.090"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "and use of deposition. Upon the making of the order provided in ORS 136.090, the deposition shall be taken and filed in court and may be read on the trial of the case in like manner and with like effect and subject to the same objections as in civil cases.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.110", "name": "ORS 136.110", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.110", "sectionName": "ORS 136.110", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.110", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Commitment of defendant after release.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Commitment of defendant after release. When a defendant who has been released appears for trial, the court may in its discretion at any time after such appearance order the defendant to be committed to actual custody to abide the judgment or further order of the court; and the defendant shall be committed and held in custody accordingly. [Amended by 1973 c.836 §227]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.120", "name": "ORS 136.120", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.120", "sectionName": "ORS 136.120", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.120", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and"], "ors_citations": ["135.680"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant. (1) If the defendant appears at the time set for trial and the prosecuting attorney is not ready and does not show sufficient cause for postponing the trial, the court shall dismiss the accusatory instrument unless the court determines that dismissal is not in the public interest. (2) If the court dismisses the accusatory instrument under subsection (1) of this section and: (a) The instrument charges a felony or Class A misdemeanor, the dismissal is not a bar to another action for the same offense unless the court so orders. (b) The instrument charges an offense other than a felony or Class A misdemeanor, the dismissal shall be a bar to another action for the same offense. (3) If the dismissal is a bar to another action for the same offense, the court shall follow the procedures described in ORS 135.680 concerning the defendant’s release. [Amended by 1973 c.836 §228; 2017 c.529 §5]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the defendant appears at the time set for trial and the prosecuting attorney is not ready and does not show sufficient cause for postponing the trial, the court shall dismiss the accusatory instrument unless the court determines that dismissal is not in the public interest. of this section and:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The instrument charges a felony or Class A misdemeanor, the dismissal is not a bar to another action for the same offense unless the court so orders.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The instrument charges an offense other than a felony or Class A misdemeanor, the dismissal shall be a bar to another action for the same offense.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the court dismisses the accusatory instrument under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the dismissal is a bar to another action for the same offense, the court shall follow the procedures described in ORS 135.680 concerning the defendant’s release. [Amended by 1973 c.836 §228; 2017 c.529 §5]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.130", "name": "ORS 136.130", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.130", "sectionName": "ORS 136.130", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.130", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §229;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §229; repealed by 2017 c.529 §26]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.140", "name": "ORS 136.140", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.140", "sectionName": "ORS 136.140", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.140", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §230;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §230; repealed by 2017 c.529 §26]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.145", "name": "ORS 136.145", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.145", "sectionName": "ORS 136.145", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.145", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Setting of court dates when presence of victim required.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Setting of court dates when presence of victim required. When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration. The court shall inquire of the district attorney as to whether the victim has been informed of the prospective date and whether that date is convenient for the victim. [1987 c.2 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.150", "name": "ORS 136.150", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.150", "sectionName": "ORS 136.150", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.150", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1963 c.503 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1963 c.503 §1; repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.160", "name": "ORS 136.160", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.160", "sectionName": "ORS 136.160", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.160", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1965 c.551 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1965 c.551 §1; repealed by 1971 c.743 §432] SELECTION OF JURY", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.210", "name": "Jury", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.210", "sectionName": "Jury", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.210", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "number; examination.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.220"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "number; examination. (1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 to", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 to", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.220", "name": "ORS 136.220", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.220", "sectionName": "ORS 136.220", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.220", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Challenge for implied bias. A challenge for implied bias shall be allowed for any of the following causes and for no other:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section or a surety in the action or otherwise for the defendant. (4) Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information. (5) Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it. (6) Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense. (7) Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Challenge for implied bias. A challenge for implied bias shall be allowed for any of the following causes and for no other: (1) Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant. (2) Standing in the relation of guardian and ward, attorney and client, physician and patient, naturopathic physician and patient, physician associate and patient, nurse practitioner and patient, master and servant, debtor and creditor, principal and agent or landlord and tenant with the: (a) Defendant; (b) Person alleged to be injured by the offense charged in the accusatory instrument; or (c) Complainant. (3) Being a member of the family, a partner in business with or in the employment of any person referred to in subsection (2)(a), (b) or (c) of this section or a surety in the action or otherwise for the defendant. (4) Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information. (5) Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it. (6) Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense. (7) Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode. [Amended by 1961 c.444 §1; 1967 c.372 §1; 1973 c.836 §232; 1999 c.1051 §252; 2014 c.45 §22; 2017 c.356 §15; 2024 c.73 §36]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Standing in the relation of guardian and ward, attorney and client, physician and patient, naturopathic physician and patient, physician associate and patient, nurse practitioner and patient, master and servant, debtor and creditor, principal and agent or landlord and tenant with the: (a),", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Defendant;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Person alleged to be injured by the offense charged in the accusatory instrument; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Complainant. of this section or a surety in the action or otherwise for the defendant.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Being a member of the family, a partner in business with or in the employment of any person referred to in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode. [Amended by 1961 c.444 §1; 1967 c.372 §1; 1973 c.836 §232; 1999 c.1051 §252; 2014 c.45 §22; 2017 c.356 §15; 2024 c.73 §36]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.230", "name": "ORS 136.230", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.230", "sectionName": "ORS 136.230", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.230", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Peremptory challenges.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Peremptory challenges. (1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and no more. In any trial before more than six jurors, both are entitled to six. In any trial before six jurors, both are entitled to three. (2) Peremptory challenges shall be taken in writing by secret ballot as follows: (a) The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted. (b) After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time. (c) The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called. (3) Notwithstanding subsection (2) of this section, the defendant and the state may stipulate to taking peremptory challenges orally. (4) Peremptory challenges are subject to ORCP 57 D(4). [Amended by 1973 c.836 §233; 1977 c.63 §1; 1987 c.2 §7; 1987 c.320 §26; 1995 c.530 §2; 1997 c.801 §70]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and no more. In any trial before more than six jurors, both are entitled to six. In any trial before six jurors, both are entitled to three.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Peremptory challenges shall be taken in writing by secret ballot as follows: of this section, the defendant and the state may stipulate to taking peremptory challenges orally.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Notwithstanding subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Peremptory challenges are subject to ORCP 57 D(4). [Amended by 1973 c.836 §233; 1977 c.63 §1; 1987 c.2 §7; 1987 c.320 §26; 1995 c.530 §2; 1997 c.801 §70]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.240", "name": "ORS 136.240", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.240", "sectionName": "ORS 136.240", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.240", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Challenge of accepted juror.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Challenge of accepted juror. If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken to any juror before the jury is completed and sworn, notwithstanding the juror challenged may have been theretofore accepted.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.250", "name": "Taking", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.250", "sectionName": "Taking", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.250", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "of challenges;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of challenges; number of challenges if two or more defendants. All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the state is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised. [Amended by 1973 c.836 §234; 1997 c.511 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.260", "name": "ORS 136.260", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.260", "sectionName": "ORS 136.260", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.260", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Selection of alternate jurors; peremptory challenges.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section may be used"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Selection of alternate jurors; peremptory challenges. (1)(a) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as “alternate jurors.” The court may call: (A) One to six additional jurors if the person is charged with a felony; and (B) One to three additional jurors if the person is charged with a misdemeanor. (b) Jurors called under paragraph (a) of this subsection: (A) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case. (B) Are subject to the same examination and may be challenged in the same manner as other jurors. (c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made. (2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute: (a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge. (b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges. (c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges. (3) The court has discretion to decide: (a) When and in what manner the alternate jurors are selected; (b) When and in what manner the additional peremptory challenges described in subsection (2) of this section may be used; and (c) When and in what manner the alternate jurors are informed of their status as alternate jurors. [Amended by 1991 c.725 §1; 2003 c.358 §1; 2017 c.359 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as “alternate jurors.” The court may call:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "One to six additional jurors if the person is charged with a felony; and", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "One to three additional jurors if the person is charged with a misdemeanor.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Jurors called under paragraph", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "of this subsection:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Are subject to the same examination and may be challenged in the same manner as other jurors.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute: of this section may be used; and", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges. When and in what manner the alternate jurors are informed of their status as alternate jurors. [Amended by 1991 c.725 §1; 2003 c.358 §1; 2017 c.359 §1]", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The court has discretion to decide:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "When and in what manner the alternate jurors are selected;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "When and in what manner the additional peremptory challenges described in subsection", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.270", "name": "Oath,", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.270", "sectionName": "Oath,", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.270", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "conduct and attendance of alternate jurors at trial.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "conduct and attendance of alternate jurors at trial. Alternate jurors shall take the same oath and shall be subject to the same laws, orders and rules, including any order preventing the separation of the jury during the trial, shall be seated near the other jurors in the case, with equal opportunity and facilities for seeing and hearing the proceedings and shall attend at all times upon the trial of the case in company with the other jurors.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.280", "name": "ORS 136.280", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.280", "sectionName": "ORS 136.280", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.280", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Substitution of alternate for discharged juror; retention and discharge of alternates.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section after deliberations have begun, the court shall instruct the jury to begin deliberations anew. (4) The court may retain alternate jurors after the case is submitted to the jury to replace jurors as provided in subsection (2) of this section. An alternate juror retained under this subsection shall not attend or otherwise participate in deliberations unless the alternate juror is selected to replace a juror. (5) An alternate juror who does not replace a juror as provided in subsection (1) or (2) of this section and who is not retained as provided in subsection (4) of this section shall be discharged after deliberations have begun"], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Substitution of alternate for discharged juror; retention and discharge of alternates. (1) If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case. The court shall draw the name of an alternate juror, who shall then become a member of the jury, replacing the discharged juror as though the alternate juror had been selected as one of the original jurors. (2) If, after the jury has begun deliberations, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case and may draw the name of an alternate juror to replace the discharged juror if: (a) An alternate juror is available and has not yet been discharged; and (b) Both parties agreed to the substitution after the jury was selected but prior to the beginning of the trial. (3) If an alternate juror replaces a juror under this section after deliberations have begun, the court shall instruct the jury to begin deliberations anew. (4) The court may retain alternate jurors after the case is submitted to the jury to replace jurors as provided in subsection (2) of this section. An alternate juror retained under this subsection shall not attend or otherwise participate in deliberations unless the alternate juror is selected to replace a juror. (5) An alternate juror who does not replace a juror as provided in subsection (1) or (2) of this section and who is not retained as provided in subsection (4) of this section shall be discharged after deliberations have begun. [Amended by 1991 c.725 §3; 2005 c.463 §§18,19; 2007 c.16 §8; 2017 c.359 §2] SCHEDULING OF TRIAL", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case. The court shall draw the name of an alternate juror, who shall then become a member of the jury, replacing the discharged juror as though the alternate juror had been selected as one of the original jurors.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If, after the jury has begun deliberations, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case and may draw the name of an alternate juror to replace the discharged juror if: of this section. An alternate juror retained under this subsection shall not attend or otherwise participate in deliberations unless the alternate juror is selected to replace a juror. of this section and who is not retained as provided in subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An alternate juror is available and has not yet been discharged; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Both parties agreed to the substitution after the jury was selected but prior to the beginning of the trial.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If an alternate juror replaces a juror under this section after deliberations have begun, the court shall instruct the jury to begin deliberations anew.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The court may retain alternate jurors after the case is submitted to the jury to replace jurors as provided in subsection of this section shall be discharged after deliberations have begun. [Amended by 1991 c.725 §3; 2005 c.463 §§18,19; 2007 c.16 §8; 2017 c.359 §2] SCHEDULING OF TRIAL", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "An alternate juror who does not replace a juror as provided in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.285", "name": "ORS 136.285", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.285", "sectionName": "ORS 136.285", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.285", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Priority in trial schedule for defendants in custody.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Priority in trial schedule for defendants in custody. The court shall endeavor to schedule trial dates for defendants in custody before defendants who have been released pending trial, subject however to rights of all defendants to be tried without unreasonable delay. [1971 c.323 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.290", "name": "Limit", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.290", "sectionName": "Limit", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.290", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "on custody of defendant prior to trial; release if limit exceeded.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "on custody of defendant prior to trial; release if limit exceeded. (1) Except as provided in ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.295", "name": "ORS 136.295", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.295", "sectionName": "ORS 136.295", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.295", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Application of ORS 136.290; when extensions granted.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.290", "135.240", "136.145", "161.309", "147.515", "147.522", "147.525"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Application of ORS 136.290; when extensions granted. (1) ORS 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. (2)(a) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition. (b) For purposes of this subsection, an extradition is presumed to have been conducted with all practicable speed if it has been conducted within 90 days after the date the defendant has been delivered to an agent of this state. (3) Any reasonable delay resulting from examination or hearing regarding the defendant’s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period. (4)(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion. (b) As used in this subsection, “good cause” means situations in which: (A) The court failed to comply with ORS 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 case within the 60-day period; (D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period; (E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules; (F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period; (G) The defendant has filed notice under ORS 161.309 of the defendant’s intention to rely upon a defense of insanity, partial responsibility or diminished capacity; (H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period; (I) A claim under ORS 147.515, or a motion under ORS 147.522, relating to victims’ rights is pending, the court has considered the factors described in ORS 147.525 and the court has determined that the trial date should be rescheduled subject to the time limit provided in ORS 147.525; or (J) The defendant has received discovery of digital video evidence from a video camera worn upon a law enforcement officer’s person and, though discovery has occurred in a reasonably timely manner, editing of the digital video evidence is necessary. (5) Any period following defendant’s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 §5; 1973 c.836 §236; 1999 c.923 §2; amendments by 1999 c.923 §4 repealed by 2001 c.870 §19; 2003 c.127 §3; 2009 c.178 §34; 2009 c.357 §1; 2015 c.550 §4]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "ORS 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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "For purposes of this subsection, an extradition is presumed to have been conducted with all practicable speed if it has been conducted within 90 days after the date the defendant has been delivered to an agent of this state.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Any reasonable delay resulting from examination or hearing regarding the defendant’s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "(C), As used in this subsection, “good cause” means situations in which:", "subsections": [{"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "or The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "of this subsection only if requested by the defendant or defense counsel or by the court on its own motion. The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;", "subsections": []}, {"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The court failed to comply with ORS 136.145 and the victim is unable to attend the trial;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "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;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;", "subsections": []}, {"label": "(F)", "token": "F", "kind": "alpha_upper", "text": "Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;", "subsections": []}, {"label": "(G)", "token": "G", "kind": "alpha_upper", "text": "The defendant has filed notice under ORS 161.309 of the defendant’s intention to rely upon a defense of insanity, partial responsibility or diminished capacity;", "subsections": []}, {"label": "(H)", "token": "H", "kind": "alpha_upper", "text": "The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period;", "subsections": []}, {"label": "(I)", "token": "I", "kind": "alpha_upper", "text": "A claim under ORS 147.515, or a motion under ORS 147.522, relating to victims’ rights is pending, the court has considered the factors described in ORS 147.525 and the court has determined that the trial date should be rescheduled subject to the time limit provided in ORS 147.525; or", "subsections": []}, {"label": "(J)", "token": "J", "kind": "alpha_upper", "text": "The defendant has received discovery of digital video evidence from a video camera worn upon a law enforcement officer’s person and, though discovery has occurred in a reasonably timely manner, editing of the digital video evidence is necessary.", "subsections": []}]}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Any period following defendant’s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 §5; 1973 c.836 §236; 1999 c.923 §2; amendments by 1999 c.923 §4 repealed by 2001 c.870 §19; 2003 c.127 §3; 2009 c.178 §34; 2009 c.357 §1; 2015 c.550 §4]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.300", "name": "Time", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.300", "sectionName": "Time", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.300", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "limit on appeals to circuit court.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "limit on appeals to circuit court. A defendant who is in custody pending an appeal to circuit court from a judgment of a municipal court or justice court shall have the appeal of the defendant heard not more than 60 days after the defendant gives notice of appeal. [1971 c.323 §6; 1977 c.290 §3] CONDUCT OF TRIAL", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.310", "name": "ORS 136.310", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.310", "sectionName": "ORS 136.310", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.310", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Function of court;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["40.085"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Function of court; effect of judicial notice of a fact. All questions of law, including the admissibility of testimony, the facts preliminary to such admission and the construction of statutes and other writings and other rules of evidence shall be decided by the court. All discussions of law shall be addressed to it. Whenever the knowledge of the court is by statute made evidence of a fact, the court shall declare such knowledge to the jury, which is bound to accept it as conclusive, except as provided in ORS 40.085. [Amended by 1983 c.433 §4]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.320", "name": "ORS 136.320", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.320", "sectionName": "ORS 136.320", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.320", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Function of jury;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.310"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Function of jury; jury to receive law as laid down by court. Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310, shall be decided by the jury, and all evidence thereon addressed to it.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.325", "name": "Jury", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.325", "sectionName": "Jury", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.325", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "not to be informed of and not to consider punishment that may be imposed.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["161.313", "163.150"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "not to be informed of and not to consider punishment that may be imposed. Except as required in ORS 161.313 and 163.150, the jury in a criminal proceeding may not be informed of, and may not consider, any punishment that the court may impose if the defendant is convicted of the charge. [1997 c.852 §10] Note:", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.330", "name": "Trial", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.330", "sectionName": "Trial", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.330", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "procedure; polling jurors in writing.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["10.100"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "procedure; polling jurors in writing. (1) ORS 10.100 and ORCP 58 B, C and D and 59 B through F and G(1), (3), (4) and (5), apply to and regulate the conduct of the trial of criminal actions. The jury in a criminal action may, in the discretion of the court, be polled in writing. If the jury is polled in writing, the written results shall be sealed and placed in the court record. (2) ORCP 59 H applies to and regulates exceptions in criminal actions. [Amended by 1959 c.558 §31; 1979 c.284 §113; 1985 c.703 §27]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "ORS 10.100 and ORCP 58 B, C and D and 59 B through F and G(1),", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": ",", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "and", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": ", apply to and regulate the conduct of the trial of criminal actions. The jury in a criminal action may, in the discretion of the court, be polled in writing. If the jury is polled in writing, the written results shall be sealed and placed in the court record.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "ORCP 59 H applies to and regulates exceptions in criminal actions. [Amended by 1959 c.558 §31; 1979 c.284 §113; 1985 c.703 §27]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.340", "name": "ORS 136.340", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.340", "sectionName": "ORS 136.340", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.340", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.345", "name": "When", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.345", "sectionName": "When", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.345", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "attendance of woman officer is required.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.347", "133.770"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "attendance of woman officer is required. Whenever any woman or girl is interrogated with reference to the commission of any sexual crime, is accused of or charged with the commission of any sexual crime before any committing magistrate and is taken into custody therefor, or is called as a witness at a hearing before a committing magistrate with reference to any such class of crimes, and whether such crime has been committed by her or by some other person, she shall only be orally examined by or in the presence of a woman officer, appointed as provided in ORS 136.347. [Formerly 133.770]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.347", "name": "ORS 136.347", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.347", "sectionName": "ORS 136.347", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.347", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Appointment, duties and compensation of woman officer.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.345", "133.780"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Appointment, duties and compensation of woman officer. The court or officer before whom any female person mentioned in ORS 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 witness desires to make. The compensation of any such person, when so appointed, shall be paid out of the general funds of the county wherein such proceeding is had by the county treasurer of the county, upon vouchers signed by the judge of the court or the officer making such appointment, which vouchers shall certify the nature and extent of the services performed and the amount of compensation due the person in whose favor the same is drawn. [Formerly 133.780]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.350", "name": "ORS 136.350", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.350", "sectionName": "ORS 136.350", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.350", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.360", "name": "ORS 136.360", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.360", "sectionName": "ORS 136.360", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.360", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1961 c.288 §2]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1961 c.288 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.370", "name": "ORS 136.370", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.370", "sectionName": "ORS 136.370", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.370", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1961 c.288 §2]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1961 c.288 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.380", "name": "ORS 136.380", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.380", "sectionName": "ORS 136.380", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.380", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1961 c.288 §2]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1961 c.288 §2]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.390", "name": "ORS 136.390", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.390", "sectionName": "ORS 136.390", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.390", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1957 c.380 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1957 c.380 §1; repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.400", "name": "ORS 136.400", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.400", "sectionName": "ORS 136.400", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.400", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.743 §432]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.410", "name": "ORS 136.410", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.410", "sectionName": "ORS 136.410", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.410", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.743 §432] EVIDENCE", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.743 §432] EVIDENCE", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.415", "name": "ORS 136.415", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.415", "sectionName": "ORS 136.415", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.415", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Presumption of innocence;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.520"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Presumption of innocence; acquittal in case of reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted. [Formerly 136.520]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.420", "name": "ORS 136.420", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.420", "sectionName": "ORS 136.420", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.420", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Testimony to be given orally in court; exceptions. In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.080", "136.100", "131.045", "136.530"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Testimony to be given orally in court; exceptions. In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except: (1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 to 136.100; or (2) As provided in ORS 131.045. [Formerly 136.530; 2009 c.219 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 to 136.100; or", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As provided in ORS 131.045. [Formerly 136.530; 2009 c.219 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.425", "name": "ORS 136.425", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.425", "sectionName": "ORS 136.425", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.425", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.427", "136.540"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another. (1) A confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats. (2) Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed. (3) Evidence of a defendant’s conduct in relation to a declaration or act of another, in the presence and within the observation of the defendant, cannot be given when the defendant’s conduct occurred while the defendant was in the custody of a peace officer unless the defendant’s conduct affirmatively indicated the belief of the defendant in the truth of the matter stated or implied in the declaration or act of the other person. [Formerly 136.540; 2009 c.875 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "Evidence of a defendant’s conduct in relation to a declaration or act of another, in the presence and within the observation of the defendant, cannot be given when the defendant’s conduct occurred while the defendant was in the custody of a peace officer unless the defendant’s conduct affirmatively indicated the belief of the defendant in the truth of the matter stated or implied in the declaration or act of the other person. [Formerly 136.540; 2009 c.875 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.427", "name": "ORS 136.427", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.427", "sectionName": "ORS 136.427", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.427", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Confessions; corroboration not required; notice; hearing.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section within 60 days of the arraignment, or of the defendant"], "ors_citations": ["40.310", "133.005", "430.745", "430.735", "40.460"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Confessions; corroboration not required; notice; hearing. (1) A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if: (a) The state files notice in accordance with subsection (3) of this section; (b) The defendant is charged with a crime listed in ORS 163A.005; (c) The victim of the crime is a vulnerable person; (d) The victim is incompetent to testify under ORS 40.310; (e) The confession is made to a peace officer or a federal officer, as those terms are defined in ORS 133.005, or to an individual conducting an investigation under ORS 430.745, while the officer or individual is acting in the course of official duty; and (f) The court finds that there is sufficient evidence to establish the trustworthiness of the confession. (2) In making the determination described in subsection (1)(f) of this section, the court shall consider the following factors, in addition to other factors the court considers important: (a) Whether there is evidence demonstrating the truthfulness of portions of the confession; (b) Whether the defendant had the opportunity to commit the crime; (c) The method of interrogation used to solicit the confession; and (d) Whether the defendant is a vulnerable person. (3) The state shall file notice of the intention to rely on this section within 60 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner. The court shall grant the state an extension for good cause shown. (4) When the state files the notice described in subsection (3) of this section, the court shall conduct a hearing prior to trial. After the hearing, the court shall enter an order that indicates whether the confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed. (5) As used in this section: (a) “Activities of daily living” includes dressing, eating, toileting, bathing, exercising appropriate personal hygiene practices and moving from place to place. (b) “Vulnerable person” means: (A) A person under 18 years of age; (B) A person 65 years of age or older; (C) A person who meets the medical criteria for the receipt of services from a community program or facility as those terms are defined in ORS 430.735; (D) A person with a developmental disability as that term is defined in ORS 40.460 (18a)(d); or (E) A person who, as the result of a diagnosed medical condition, requires assistance in two or more activities of daily living. [2009 c.875 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if: (f) of this section, the court shall consider the following factors, in addition to other factors the court considers important:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The state files notice in accordance with subsection Whether there is evidence demonstrating the truthfulness of portions of the confession;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Whether the defendant had the opportunity to commit the crime;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The method of interrogation used to solicit the confession; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Whether the defendant is a vulnerable person.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "of this section; The state shall file notice of the intention to rely on this section within 60 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner. The court shall grant the state an extension for good cause shown. of this section, the court shall conduct a hearing prior to trial. After the hearing, the court shall enter an order that indicates whether the confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The defendant is charged with a crime listed in ORS 163A.005;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The victim of the crime is a vulnerable person;", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The victim is incompetent to testify under ORS 40.310;", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "The confession is made to a peace officer or a federal officer, as those terms are defined in ORS 133.005, or to an individual conducting an investigation under ORS 430.745, while the officer or individual is acting in the course of official duty; and", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "The court finds that there is sufficient evidence to establish the trustworthiness of the confession.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In making the determination described in subsection", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "When the state files the notice described in subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Activities of daily living” includes dressing, eating, toileting, bathing, exercising appropriate personal hygiene practices and moving from place to place.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Vulnerable person” means:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "A person under 18 years of age;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A person 65 years of age or older;", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "A person who meets the medical criteria for the receipt of services from a community program or facility as those terms are defined in ORS 430.735;", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "A person with a developmental disability as that term is defined in ORS 40.460 (18a)(d); or", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "A person who, as the result of a diagnosed medical condition, requires assistance in two or more activities of daily living. [2009 c.875 §2] Note:", "subsections": []}]}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.430", "name": "Civil", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.430", "sectionName": "Civil", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.430", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "laws of evidence in criminal trials;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.510"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "laws of evidence in criminal trials; exceptions. The law of evidence in civil actions is also the law of evidence in criminal actions and proceedings, except as otherwise specifically provided in the statutes relating to crimes and criminal procedure. [Formerly 136.510]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.432", "name": "ORS 136.432", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.432", "sectionName": "ORS 136.432", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.432", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Limitation on court’s authority to exclude relevant evidence. A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Limitation on court’s authority to exclude relevant evidence. A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by: (1) The United States Constitution or the Oregon Constitution; (2) The rules of evidence governing privileges and the admission of hearsay; or (3) The rights of the press. [1997 c.313 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The United States Constitution or the Oregon Constitution;", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The rules of evidence governing privileges and the admission of hearsay; or", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The rights of the press. [1997 c.313 §1] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.433", "name": "ORS 136.433", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.433", "sectionName": "ORS 136.433", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.433", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Proving previous conviction; stipulation; presentation to jury.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["163.111", "813.326", "136.765", "136.785"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Proving previous conviction; stipulation; presentation to jury. (1) Except as provided in ORS 163.111 and 813.326, if an accusatory instrument or the written notice described in ORS 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. The stipulation must: (a) Be in writing; (b) Admit without qualification that the defendant previously was convicted of the offense and that the conviction is valid; (c) Include an express waiver of the defendant’s right to a jury trial on the fact of the previous conviction; and (d) Be filed with the court and served on the district attorney. (2) If the defendant submits a stipulation to a previous conviction that meets the requirements of subsection (1) of this section, the court shall accept the stipulation. Upon acceptance: (a) The stipulation constitutes a judicial admission to the fact of the previous conviction; (b) If the previous conviction is a material element of the offense and the jury finds the defendant guilty upon instruction regarding the balance of the elements of the offense, the court shall enter a judgment of guilt on the charged offense in accordance with the stipulation; (c) Except as provided in subsection (3) of this section, the court may not submit the allegation of the previous conviction to the jury; and (d) Except as provided in subsections (3) and (4) of this section, neither the court nor the state may reveal to the jury the defendant’s previous conviction. (3)(a) A stipulation that is accepted by the court must be presented to the jury if: (A) The statute that defines the charged offense includes as a material element that the defendant previously was convicted of the offense that is the subject of the stipulation and the charged conduct does not constitute a criminal offense except with that element; or (B) The previous conviction is relevant to an enhancement fact that will be submitted to the jury in accordance with ORS 136.765 to 136.785. (b) Except as provided in subsection (4) of this section, when the court presents a stipulation to the jury under this subsection, the court may not admit any other evidence of the previous conviction. (4) The state may offer, and the court may receive and submit to the jury, evidence of the previous offense or conviction for any purpose other than establishing the fact of the previous conviction when the evidence of the previous offense or conviction is otherwise admissible for that purpose. When evidence of the previous offense or conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous offense or conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted. [2009 c.180 §2] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in ORS 163.111 and 813.326, if an accusatory instrument or the written notice described in ORS 136.765 of this section, the court shall accept the stipulation. Upon acceptance:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The stipulation constitutes a judicial admission to the fact of the previous conviction;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the previous conviction is a material element of the offense and the jury finds the defendant guilty upon instruction regarding the balance of the elements of the offense, the court shall enter a judgment of guilt on the charged offense in accordance with the stipulation;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Except as provided in subsection", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "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. The stipulation must: If the defendant submits a stipulation to a previous conviction that meets the requirements of subsection", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Be in writing;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Admit without qualification that the defendant previously was convicted of the offense and that the conviction is valid;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Include an express waiver of the defendant’s right to a jury trial on the fact of the previous conviction; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Be filed with the court and served on the district attorney.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "of this section, the court may not submit the allegation of the previous conviction to the jury; and (a) A stipulation that is accepted by the court must be presented to the jury if:", "subsections": [{"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "Except as provided in subsections", "subsections": []}, {"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "The statute that defines the charged offense includes as a material element that the defendant previously was convicted of the offense that is the subject of the stipulation and the charged conduct does not constitute a criminal offense except with that element; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "The previous conviction is relevant to an enhancement fact that will be submitted to the jury in accordance with ORS 136.765 to 136.785.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Except as provided in subsection", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section, neither the court nor the state may reveal to the jury the defendant’s previous conviction. of this section, when the court presents a stipulation to the jury under this subsection, the court may not admit any other evidence of the previous conviction. The state may offer, and the court may receive and submit to the jury, evidence of the previous offense or conviction for any purpose other than establishing the fact of the previous conviction when the evidence of the previous offense or conviction is otherwise admissible for that purpose. When evidence of the previous offense or conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous offense or conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted. [2009 c.180 §2] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.434", "name": "ORS 136.434", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.434", "sectionName": "ORS 136.434", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.434", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Challenge to validity of previous conviction.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["813.328", "136.765", "138.045", "136.770", "136.773", "136.433"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Challenge to validity of previous conviction. (1) Except as provided in ORS 813.328, if an accusatory instrument or the written notice described in ORS 136.765 (2) alleges that the defendant has previously been convicted of an offense, the defendant may challenge the validity of the previous conviction by filing a notice of the defendant’s intent to do so. The notice must: (a) Identify the previous conviction that the defendant seeks to challenge; (b) Specify the factual and legal basis for the challenge; and (c) Be filed with the court and served on the district attorney within 35 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless a different time is permitted by the court for good cause shown. (2) The validity of the previous conviction shall be determined by the court before trial. At the hearing on the defendant’s challenge: (a) The state has the burden of proving by a preponderance of the evidence that the defendant previously was convicted of the offense; and (b) The defendant has the burden of proving by a preponderance of the evidence that the previous conviction is not valid. (3) If the court determines that the defendant was not previously convicted of the offense that is the subject of the challenge or that the previous conviction is not valid, the court shall enter an order prior to trial that so provides and excludes evidence of the previous conviction. The state may appeal from the order pursuant to ORS 138.045 (1)(d). (4) If the court determines that the defendant previously was convicted of the offense and that the conviction is valid, or if the defendant does not file and serve a notice under subsection (1) of this section, the previous conviction shall be admitted at trial or, if the previous conviction is relevant to an enhancement fact described in ORS 136.770 (4) or 136.773 (1), during the sentencing phase of the proceeding. If the previous conviction is admitted, the defendant may dispute whether the defendant previously was convicted of the alleged offense but may not challenge the validity of the conviction. If the previous conviction is a material element of the charged offense or is an enhancement fact, the state must prove the previous conviction beyond a reasonable doubt unless the defendant stipulates to the fact of the previous conviction in accordance with ORS 136.433. (5) For purposes of this section, a previous conviction is not valid if: (a) In the proceedings resulting in the conviction, the defendant was not represented by counsel and was deprived of the right to counsel in violation of the state or federal Constitution and the defendant is entitled under either Constitution to challenge the validity of the prior conviction in the proceeding before the court. (b) Before the defendant committed the charged offense, the previous conviction was vacated by the court of conviction, reversed or set aside by a court of competent jurisdiction, expunged or pardoned. [2009 c.180 §3; 2017 c.529 §22] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in ORS 813.328, if an accusatory instrument or the written notice described in ORS 136.765 (d). of this section, the previous conviction shall be admitted at trial or, if the previous conviction is relevant to an enhancement fact described in ORS 136.770 , during the sentencing phase of the proceeding. If the previous conviction is admitted, the defendant may dispute whether the defendant previously was convicted of the alleged offense but may not challenge the validity of the conviction. If the previous conviction is a material element of the charged offense or is an enhancement fact, the state must prove the previous conviction beyond a reasonable doubt unless the defendant stipulates to the fact of the previous conviction in accordance with ORS 136.433.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "alleges that the defendant has previously been convicted of an offense, the defendant may challenge the validity of the previous conviction by filing a notice of the defendant’s intent to do so. The notice must: The validity of the previous conviction shall be determined by the court before trial. At the hearing on the defendant’s challenge:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Identify the previous conviction that the defendant seeks to challenge; The state has the burden of proving by a preponderance of the evidence that the defendant previously was convicted of the offense; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Specify the factual and legal basis for the challenge; and The defendant has the burden of proving by a preponderance of the evidence that the previous conviction is not valid.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Be filed with the court and served on the district attorney within 35 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner, unless a different time is permitted by the court for good cause shown.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If the court determines that the defendant was not previously convicted of the offense that is the subject of the challenge or that the previous conviction is not valid, the court shall enter an order prior to trial that so provides and excludes evidence of the previous conviction. The state may appeal from the order pursuant to ORS 138.045", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If the court determines that the defendant previously was convicted of the offense and that the conviction is valid, or if the defendant does not file and serve a notice under subsection or 136.773", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "For purposes of this section, a previous conviction is not valid if:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "In the proceedings resulting in the conviction, the defendant was not represented by counsel and was deprived of the right to counsel in violation of the state or federal Constitution and the defendant is entitled under either Constitution to challenge the validity of the prior conviction in the proceeding before the court.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Before the defendant committed the charged offense, the previous conviction was vacated by the court of conviction, reversed or set aside by a court of competent jurisdiction, expunged or pardoned. [2009 c.180 §3; 2017 c.529 §22] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.435", "name": "ORS 136.435", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.435", "sectionName": "ORS 136.435", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.435", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Admissibility of evidence from felony defendant not informed as required under ORS 135.070.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.070", "136.545"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Admissibility of evidence from felony defendant not informed as required under ORS 135.070. Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible, over the objection of the defendant, in any court. [Formerly 136.545]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.437", "name": "Use of", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.437", "sectionName": "Use of", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.437", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "evidence in prosecution of prostitution offense.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not apply to evidence relating to a criminal offense other than prostitution, or to the prosecution of an offense other than prostitution or attempted prostitution. (3) As used in this section"], "ors_citations": ["167.007", "403.105"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "evidence in prosecution of prostitution offense. (1) If a person contacts an emergency communications system or a law enforcement agency to report the commission of a person felony, any statements or other evidence relating to the crime of prostitution under ORS 167.007 obtained as a result of the person making the report may not be used in the prosecution of the person for prostitution or attempted prostitution. (2) The prohibition on the use of statements or other evidence described in this section does not apply to evidence relating to a criminal offense other than prostitution, or to the prosecution of an offense other than prostitution or attempted prostitution. (3) As used in this section: (a) “Emergency communications system” has the meaning given that term in ORS 403.105. (b) “Person felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission. [2019 c.179 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If a person contacts an emergency communications system or a law enforcement agency to report the commission of a person felony, any statements or other evidence relating to the crime of prostitution under ORS 167.007 obtained as a result of the person making the report may not be used in the prosecution of the person for prostitution or attempted prostitution.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The prohibition on the use of statements or other evidence described in this section does not apply to evidence relating to a criminal offense other than prostitution, or to the prosecution of an offense other than prostitution or attempted prostitution.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Emergency communications system” has the meaning given that term in ORS 403.105.", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Person felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission. [2019 c.179 §1] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.440", "name": "ORS 136.440", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.440", "sectionName": "ORS 136.440", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.440", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Testimony of accomplice; corroboration; “accomplice” defined.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["161.155", "161.165"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Testimony of accomplice; corroboration; “accomplice” defined. (1) A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances of the commission. (2) As used in this section, an “accomplice” means a witness in a criminal action who, according to the evidence adduced in the action, is criminally liable for the conduct of the defendant under ORS 161.155 and 161.165, or, if the witness is a juvenile, has committed a delinquent act, which, if committed by an adult, would make the adult criminally liable for the conduct of the defendant. [Formerly", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances of the commission.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "As used in this section, an “accomplice” means a witness in a criminal action who, according to the evidence adduced in the action, is criminally liable for the conduct of the defendant under ORS 161.155 and 161.165, or, if the witness is a juvenile, has committed a delinquent act, which, if committed by an adult, would make the adult criminally liable for the conduct of the defendant. [Formerly", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.445", "name": "Motion", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.445", "sectionName": "Motion", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.445", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "for acquittal;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.605"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "for acquittal; standard for granting motion; effect. In any criminal action the defendant may, after close of the state’s evidence or of all the evidence, move the court for a judgment of acquittal. The court shall grant the motion if the evidence introduced theretofore is such as would not support a verdict against the defendant. The acquittal shall be a bar to another prosecution for the same offense. [Formerly 136.605]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.447", "name": "and 136.583 and subsection (2) of this section, a subpoena is served by", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.447", "sectionName": "and 136.583 and subsection (2) of this section, a subpoena is served by", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.447", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "delivering a copy to the witness personally. If the witness is under 14 years of age, the subpoena may be served by delivering a copy to the witness or to the witness’s parent, guardian or guardian ad litem. Proof of the service is made in the same manner as in the service of a summons.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and, subsequent to service, the date on, or the time at, which the person subpoenaed is to appear has changed, a new subpoena is not required to be served if"], "ors_citations": ["352.121", "353.125", "136.583", "139.100"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "delivering a copy to the witness personally. If the witness is under 14 years of age, the subpoena may be served by delivering a copy to the witness or to the witness’s parent, guardian or guardian ad litem. Proof of the service is made in the same manner as in the service of a summons. (2)(a) Every law enforcement agency shall designate an individual or individuals upon whom service of subpoena may be made. At least one of the designated individuals shall be available during normal business hours. In the absence of the designated individuals, service of subpoena pursuant to paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency. (b) If a peace officer’s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on such officer by delivering a copy personally to the officer or to one of the individuals designated by the agency that employs the officer. A subpoena may be served by delivery to one of the individuals designated by the agency that employs the officer only if the subpoena is delivered at least 10 days before the date the officer’s attendance is required, the officer is currently employed as a peace officer by the agency, and the officer is present within the state at the time of service. (c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to actually notify the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall contact the court and a continuance may be granted to allow the officer to be personally served. (d) As used in this subsection, “law enforcement agency” means the Oregon State Police, a county sheriff’s department, a municipal police department, a police department established by a university under ORS 352.121 or 353.125 or, if the witness whose attendance at trial is required is an authorized tribal police officer as defined in ORS 181A.940, a tribal government as defined in ORS 181A.940. (3) When a subpoena has been served as provided in ORS 136.583 or subsection (1) or (2) of this section and, subsequent to service, the date on, or the time at, which the person subpoenaed is to appear has changed, a new subpoena is not required to be served if: (a) The subpoena is continued orally in open court in the presence of the person subpoenaed; or (b) The party who issued the original subpoena notifies the person subpoenaed of the change by first class mail and by: (A) Certified or registered mail, return receipt requested; or (B) Express mail. [Formerly 139.100; 1977 c.789 §1; 1995 c.196 §3; 2005 c.298 §1; 2007 c.158 §1; 2009 c.364 §2; 2009 c.617 §3; 2011 c.644 §§20,65,72; 2013 c.180 §16,17; 2015 c.174 §8]", "subsections": [{"label": "(2)", "token": "2", "kind": "numeric", "text": "(a) Every law enforcement agency shall designate an individual or individuals upon whom service of subpoena may be made. At least one of the designated individuals shall be available during normal business hours. In the absence of the designated individuals, service of subpoena pursuant to paragraph of this section and, subsequent to service, the date on, or the time at, which the person subpoenaed is to appear has changed, a new subpoena is not required to be served if:", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "of this subsection may be made upon the officer in charge of the law enforcement agency. If a peace officer’s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on such officer by delivering a copy personally to the officer or to one of the individuals designated by the agency that employs the officer. A subpoena may be served by delivery to one of the individuals designated by the agency that employs the officer only if the subpoena is delivered at least 10 days before the date the officer’s attendance is required, the officer is currently employed as a peace officer by the agency, and the officer is present within the state at the time of service. of this subsection, the law enforcement agency shall make a good faith effort to actually notify the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall contact the court and a continuance may be granted to allow the officer to be personally served. The party who issued the original subpoena notifies the person subpoenaed of the change by first class mail and by:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Certified or registered mail, return receipt requested; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Express mail. [Formerly 139.100; 1977 c.789 §1; 1995 c.196 §3; 2005 c.298 §1; 2007 c.158 §1; 2009 c.364 §2; 2009 c.617 §3; 2011 c.644 §§20,65,72; 2013 c.180 §16,17; 2015 c.174 §8]", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "When a subpoena has been served as provided in paragraph", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "As used in this subsection, “law enforcement agency” means the Oregon State Police, a county sheriff’s department, a municipal police department, a police department established by a university under ORS 352.121 or 353.125 or, if the witness whose attendance at trial is required is an authorized tribal police officer as defined in ORS 181A.940, a tribal government as defined in ORS 181A.940.", "subsections": []}, {"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The subpoena is continued orally in open court in the presence of the person subpoenaed; or", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "When a subpoena has been served as provided in ORS 136.583 or subsection", "subsections": []}, {"label": "(1)", "token": "1", "kind": "numeric", "text": "or", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.450", "name": "Number", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.450", "sectionName": "Number", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.450", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "of jurors required for verdict.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.610"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of jurors required for verdict. (1) A jury in a criminal action may render a verdict of guilty only by unanimous agreement. (2) A jury in a criminal action may render a verdict of not guilty only by a concurrence of at least 10 of 12 jurors. [Formerly 136.610; 1997 c.313 §25; 2019 c.635 §8; 2021 c.478 §11]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A jury in a criminal action may render a verdict of guilty only by unanimous agreement.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "A jury in a criminal action may render a verdict of not guilty only by a concurrence of at least 10 of 12 jurors. [Formerly 136.610; 1997 c.313 §25; 2019 c.635 §8; 2021 c.478 §11]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.455", "name": "ORS 136.455", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.455", "sectionName": "ORS 136.455", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.455", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "General verdict on plea of not guilty.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.620"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "General verdict on plea of not guilty. A general verdict upon a plea of not guilty is either “guilty,” of an offense charged in the accusatory instrument, or “not guilty.” [Formerly 136.620]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.460", "name": "ORS 136.460", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.460", "sectionName": "ORS 136.460", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.460", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Verdict where crime consists of degrees; lesser included offenses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Verdict where crime consists of degrees; lesser included offenses. (1) Upon a charge for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the accusatory instrument and guilty of any degree inferior thereto or of an attempt to commit the crime or any such inferior degree thereof. (2) The jury shall first consider the charged offense. Only if the jury finds the defendant not guilty of the charged offense may the jury consider a lesser included offense. If there is more than one lesser included offense, the jury shall consider the lesser included offenses in order of seriousness. The jury may consider a less serious lesser included offense only after finding the defendant not guilty of any more serious lesser included offenses. (3) When a jury finds a defendant guilty of a lesser included offense, the court, upon a request by the state or defendant, shall poll the jury on the original charge. If fewer than the required number of jurors vote to find the defendant not guilty on the original charge, the court shall not receive the verdict and shall instruct the jury to continue deliberations. (4) If the jury is unable to reach a decision on the original charge, the state and defendant may stipulate that the jury may consider any lesser included offense. [Formerly", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Upon a charge for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the accusatory instrument and guilty of any degree inferior thereto or of an attempt to commit the crime or any such inferior degree thereof.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The jury shall first consider the charged offense. Only if the jury finds the defendant not guilty of the charged offense may the jury consider a lesser included offense. If there is more than one lesser included offense, the jury shall consider the lesser included offenses in order of seriousness. The jury may consider a less serious lesser included offense only after finding the defendant not guilty of any more serious lesser included offenses.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "When a jury finds a defendant guilty of a lesser included offense, the court, upon a request by the state or defendant, shall poll the jury on the original charge. If fewer than the required number of jurors vote to find the defendant not guilty on the original charge, the court shall not receive the verdict and shall instruct the jury to continue deliberations.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If the jury is unable to reach a decision on the original charge, the state and defendant may stipulate that the jury may consider any lesser included offense. [Formerly", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.465", "name": "ORS 136.465", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.465", "sectionName": "ORS 136.465", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.465", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Verdict where crime or attempt included within charge.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.660"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Verdict where crime or attempt included within charge. In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which the defendant is charged in the accusatory instrument or of an attempt to commit such crime. [Formerly 136.660]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.470", "name": "ORS 136.470", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.470", "sectionName": "ORS 136.470", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.470", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Conviction or acquittal of one or more of several defendants.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Conviction or acquittal of one or more of several defendants. Upon an accusatory instrument against several defendants, any one or more may be convicted or acquitted. [Formerly", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.475", "name": "ORS 136.475", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.475", "sectionName": "ORS 136.475", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.475", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Verdict as to some of several defendants;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.680"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Verdict as to some of several defendants; retrial of others. Upon an accusatory instrument against several defendants, if the jury cannot agree upon a verdict as to all, it may give a verdict as to those in regard to whom it does agree, on which a judgment shall be given accordingly. The case as to the rest of the defendants may be tried by another jury. [Formerly 136.680]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.480", "name": "ORS 136.480", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.480", "sectionName": "ORS 136.480", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.480", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Reconsideration of verdict when jury makes mistake as to law.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.690"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Reconsideration of verdict when jury makes mistake as to law. When a verdict is found in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict; but if after such reconsideration the jury finds the same verdict, it must be received. [Formerly 136.690]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.485", "name": "ORS 136.485", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.485", "sectionName": "ORS 136.485", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.485", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Reconsideration of verdict which is not general verdict.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.700"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Reconsideration of verdict which is not general verdict. If the jury finds a verdict which is not a general verdict, the court may, with proper instructions as to the law, direct the jury to reconsider it; and the verdict cannot be received until it is given in some form from which it can be clearly understood that the intent of the jury is to render a general verdict. [Formerly 136.700]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.490", "name": "ORS 136.490", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.490", "sectionName": "ORS 136.490", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.490", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Discharge of defendant upon acquittal;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.540", "136.710"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Discharge of defendant upon acquittal; exception. If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, the defendant shall be discharged as soon as the judgment is given, except that, when the acquittal is for variance between the proof and the accusatory instrument, which may be obviated by a new accusatory instrument, the court may order the detention of the defendant, to the end that a new accusatory instrument may be preferred, in the same manner and with like effect, as provided in ORS 135.540. [Formerly 136.710]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.495", "name": "ORS 136.495", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.495", "sectionName": "ORS 136.495", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.495", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Proceedings after adverse general verdict.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.720"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Proceedings after adverse general verdict. If a general verdict against the defendant is given, the defendant shall be remanded, if in custody; if the defendant has been released, the defendant may be committed to await the judgment of the court upon the verdict. When committed, the release agreement of the defendant is exonerated or, if the defendant has deposited money in lieu of a release agreement, it shall be refunded to the defendant. [Formerly 136.720] MOTION IN ARREST OF JUDGMENT; NEW TRIAL", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.500", "name": "Motion", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.500", "sectionName": "Motion", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.500", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "in arrest of judgment; basis and time for making. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.630", "136.810"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "in arrest of judgment; basis and time for making. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630 (1) and (4), and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "and", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": ", and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.505", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.505", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.505", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "of allowance of motion.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of allowance of motion. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which the defendant was before indictment was found. [Formerly", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.510", "name": "ORS 136.510", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.510", "sectionName": "ORS 136.510", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.510", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §237;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.430"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §237; renumbered 136.430]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.515", "name": "Order", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.515", "sectionName": "Order", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.515", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "when evidence shows guilt;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.830"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "when evidence shows guilt; new accusatory instrument. If, from the evidence given on the trial, there is reasonable ground to believe the defendant guilty and a new accusatory instrument can be framed upon which the defendant may be convicted, the court shall order the defendant to be recommitted to custody or released and to answer the new accusatory instrument, if one is found; and if the evidence shows the defendant to be guilty of another offense than that charged in the accusatory instrument, the defendant shall in like manner be committed or held thereon. In neither case is the verdict a bar to another action for the same crime. [Formerly 136.830]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.520", "name": "ORS 136.520", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.520", "sectionName": "ORS 136.520", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.520", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Renumbered 136.415]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.415"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 136.415]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.525", "name": "Order", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.525", "sectionName": "Order", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.525", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "when evidence is insufficient;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.840"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "when evidence is insufficient; acquittal. If the evidence appears insufficient to charge the defendant with any offense, the defendant shall, if in custody, be discharged or, if the defendant has been released or deposited money in lieu thereof, the release agreement of the defendant is exonerated or the money of the defendant shall be refunded to the defendant; and in such case, the arrest of judgment operates as an acquittal of the charge upon which the accusatory instrument was founded. [Formerly 136.840]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.530", "name": "ORS 136.530", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.530", "sectionName": "ORS 136.530", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.530", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Renumbered 136.420]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.420"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 136.420]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.535", "name": "New", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.535", "sectionName": "New", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.535", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "trial; application of ORCP 64 F to motion in arrest of judgment.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["19.430", "136.851"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "trial; application of ORCP 64 F to motion in arrest of judgment. (1) Except that a new trial may not be granted on application of the state, ORS 19.430 and ORCP 64 A, B and D to G apply to and regulate new trials in criminal actions. (2) The provisions of ORCP 64 F governing motions for a new trial apply to and regulate motions in arrest of judgment in criminal actions. [Formerly 136.851; 1979 c.284 §114; 2003 c.288 §1; 2009 c.112 §1]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except that a new trial may not be granted on application of the state, ORS 19.430 and ORCP 64 A, B and D to G apply to and regulate new trials in criminal actions.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The provisions of ORCP 64 F governing motions for a new trial apply to and regulate motions in arrest of judgment in criminal actions. [Formerly 136.851; 1979 c.284 §114; 2003 c.288 §1; 2009 c.112 §1]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.540", "name": "ORS 136.540", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.540", "sectionName": "ORS 136.540", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.540", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1957 c.567 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.425"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1957 c.567 §1; renumbered 136.425]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.545", "name": "ORS 136.545", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.545", "sectionName": "ORS 136.545", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.545", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[1963 c.511 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.435"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1963 c.511 §2; 1973 c.836 §238; renumbered 136.435]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.550", "name": "ORS 136.550", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.550", "sectionName": "ORS 136.550", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.550", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §239;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.440"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §239; renumbered 136.440] WITNESSES (Generally)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.555", "name": "ORS 136.555", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.555", "sectionName": "ORS 136.555", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.555", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Subpoena defined.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.010"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Subpoena defined. The process by which the attendance of a witness before a court or magistrate is required is a subpoena. [Formerly 139.010]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.557", "name": "ORS 136.557", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.557", "sectionName": "ORS 136.557", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.557", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Issuance of subpoena by magistrate for witnesses at preliminary examination.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.020"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Issuance of subpoena by magistrate for witnesses at preliminary examination. A magistrate before whom an information is laid or complaint made may issue subpoenas subscribed by the magistrate for witnesses within the state, either on behalf of the state or of the defendant. [Formerly 139.020]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.560", "name": "ORS 136.560", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.560", "sectionName": "ORS 136.560", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.560", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1957 c.551 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1957 c.551 §1; 1959 c.302 §1; repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.563", "name": "ORS 136.563", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.563", "sectionName": "ORS 136.563", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.563", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Issuance of subpoena by district attorney for witnesses before grand jury.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.030"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Issuance of subpoena by district attorney for witnesses before grand jury. The district attorney may issue subpoenas subscribed by the district attorney for witnesses within the state in support of the prosecution or for such other witnesses as the grand jury directs to appear before the grand jury upon an investigation pending before it. [Formerly 139.030]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.565", "name": "ORS 136.565", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.565", "sectionName": "ORS 136.565", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.565", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Issuance of subpoena by district attorney for witnesses at trial.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.040"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Issuance of subpoena by district attorney for witnesses at trial. The district attorney may issue subpoenas subscribed by the district attorney for not to exceed 10 witnesses within the state in support of an indictment to appear before the court at which it is to be tried. [Formerly 139.040]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.567", "name": "ORS 136.567", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.567", "sectionName": "ORS 136.567", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.567", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Issuance of subpoena for witnesses for defendant; bar to dismissal.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.602", "136.603", "813.010", "174.109", "139.050"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Issuance of subpoena for witnesses for defendant; bar to dismissal. (1) A defendant in a criminal action is entitled, at the expense of the state or city, to have subpoenas issued for not to exceed 10 witnesses within the state. A defendant is entitled, at the expense of the defendant, to have subpoenas issued for any number of additional witnesses without an order of the court. The defendant is responsible for the costs of serving the subpoenas and for the costs, as provided in ORS 136.602, of witness per diem and mileage and for expenses allowed under ORS 136.603. (2) Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued: (a) Upon application of the defendant, by the clerk of the court in which the criminal action is pending for trial, and in blank, under the seal of the court and subscribed by the clerk; or (b) By an attorney of record of the defendant, and subscribed by the attorney. (3) A prosecution for violation of ORS 813.010 may not be dismissed based solely on the unavailability of a witness who was subpoenaed by the defendant to provide testimony with respect to an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood. This subsection does not apply to the subpoena of an officer or employee of a public body, as defined in ORS 174.109. [Formerly 139.050; 1977 c.746 §4; 1981 c.174 §1; 1987 c.606 §2; 1989 c.171 §17; 2007 c.581 §3]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A defendant in a criminal action is entitled, at the expense of the state or city, to have subpoenas issued for not to exceed 10 witnesses within the state. A defendant is entitled, at the expense of the defendant, to have subpoenas issued for any number of additional witnesses without an order of the court. The defendant is responsible for the costs of serving the subpoenas and for the costs, as provided in ORS 136.602, of witness per diem and mileage and for expenses allowed under ORS 136.603.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Upon application of the defendant, by the clerk of the court in which the criminal action is pending for trial, and in blank, under the seal of the court and subscribed by the clerk; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "By an attorney of record of the defendant, and subscribed by the attorney.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "A prosecution for violation of ORS 813.010 may not be dismissed based solely on the unavailability of a witness who was subpoenaed by the defendant to provide testimony with respect to an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood. This subsection does not apply to the subpoena of an officer or employee of a public body, as defined in ORS 174.109. [Formerly 139.050; 1977 c.746 §4; 1981 c.174 §1; 1987 c.606 §2; 1989 c.171 §17; 2007 c.581 §3]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.570", "name": "ORS 136.570", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.570", "sectionName": "ORS 136.570", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.570", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Application for subpoenas for more than 10 witnesses.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.565", "136.567", "139.060"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Application for subpoenas for more than 10 witnesses. If either party in a criminal action desires more than 10 witnesses, as provided in ORS 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 the defendant. The statement or affidavit shall state the names of such witnesses, their places of residence and the facts expected to be proved by each of them. The court or judge thereof shall make an order allowing the issuance of subpoenas for so many of such witnesses as appear from such statement or affidavit to be necessary and material to a fair, full and impartial trial. [Formerly 139.060; 1977 c.746 §5]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.575", "name": "Forms", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.575", "sectionName": "Forms", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.575", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "of subpoenas. Subpoenas authorized by ORS 136.557 to 136.567 shall be substantially in the following form:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.557", "136.567", "139.070"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of subpoenas. Subpoenas authorized by ORS 136.557 to 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. D., (adding the name of office and place of jurisdiction), at (naming the place), on (stating the day and hour), as a witness on the examination of a criminal charge against E. F. on behalf of (the state, city or the defendant, as the case may be). Dated the ___ day of ______, 2___. G. H. (Adding the name of office and place of jurisdiction, as in the body of the subpoena.) ______________________________________________________________________________ (2) By the district attorney: ______________________________________________________________________________ IN THE NAME OF THE STATE OF OREGON To A______ B______: You are hereby commanded to appear before (the grand jury of the County of ______ or the Circuit Court for the County of ______, as the case may be), at (naming the place), on (stating the day and hour), as a witness (before the grand jury or in a criminal action prosecuted by the State of Oregon against E. F., as the case may be). Dated the ___ day of ______, 2___. G. H., District Attorney. ______________________________________________________________________________ (3) By the city attorney: ______________________________________________________________________________ IN THE NAME OF THE CITY OF ______ To A______ B______: You are hereby commanded to appear before the Municipal Court for the City of ______, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F. Dated the ___ day of ______, 2___. G. H., City Attorney. ______________________________________________________________________________ (4) By the clerk: ______________________________________________________________________________ IN THE NAME OF THE STATE OF OREGON To A______ B______: You are hereby commanded to appear before the Circuit Court for the County of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the State of Oregon against E. F. on behalf of the defendant. Witness my name and the seal of said court, affixed at ______, the ___ day of ______, 2___. G. H., Clerk. ______________________________________________________________________________ (5) By the clerk of a municipal court: ______________________________________________________________________________ IN THE NAME OF THE CITY OF ______ To A______ B______: You are hereby commanded to appear before the Municipal Court for the City of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F. on behalf of the defendant. Witness my name and seal of said court, affixed at ______, the ___ day of ______, 2___. G. H., Clerk. ______________________________________________________________________________ (6) By an attorney of record of a defendant: ______________________________________________________________________________ IN THE NAME OF THE STATE OF OREGON (or CITY OF ______) To A______ B______: You are hereby commanded to appear before (the Circuit Court for the County of ______ or the Municipal Court for the City of ______, as the case may be) at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the (State of Oregon or the City of ______, as the case may be) against E. F. on behalf of the defendant. Dated the ___ day of ______, 2___. G. H., Attorney of Record of Defendant. ______________________________________________________________________________ [Formerly 139.070; 1977 c.746 §6; 1981 c.174 §2]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "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. D., (adding the name of office and place of jurisdiction), at (naming the place), on (stating the day and hour), as a witness on the examination of a criminal charge against E. F. on behalf of (the state, city or the defendant, as the case may be). Dated the ___ day of ______, 2___. G. H. (Adding the name of office and place of jurisdiction, as in the body of the subpoena.) ______________________________________________________________________________", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "By the district attorney: ______________________________________________________________________________ IN THE NAME OF THE STATE OF OREGON To A______ B______: You are hereby commanded to appear before (the grand jury of the County of ______ or the Circuit Court for the County of ______, as the case may be), at (naming the place), on (stating the day and hour), as a witness (before the grand jury or in a criminal action prosecuted by the State of Oregon against E. F., as the case may be). Dated the ___ day of ______, 2___. G. H., District Attorney. ______________________________________________________________________________", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "By the city attorney: ______________________________________________________________________________ IN THE NAME OF THE CITY OF ______ To A______ B______: You are hereby commanded to appear before the Municipal Court for the City of ______, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F. Dated the ___ day of ______, 2___. G. H., City Attorney. ______________________________________________________________________________", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "By the clerk: ______________________________________________________________________________ IN THE NAME OF THE STATE OF OREGON To A______ B______: You are hereby commanded to appear before the Circuit Court for the County of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the State of Oregon against E. F. on behalf of the defendant. Witness my name and the seal of said court, affixed at ______, the ___ day of ______, 2___. G. H., Clerk. ______________________________________________________________________________", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "By the clerk of a municipal court: ______________________________________________________________________________ IN THE NAME OF THE CITY OF ______ To A______ B______: You are hereby commanded to appear before the Municipal Court for the City of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F. on behalf of the defendant. Witness my name and seal of said court, affixed at ______, the ___ day of ______, 2___. G. H., Clerk. ______________________________________________________________________________", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "By an attorney of record of a defendant: ______________________________________________________________________________ IN THE NAME OF THE STATE OF OREGON (or CITY OF ______) To A______ B______: You are hereby commanded to appear before (the Circuit Court for the County of ______ or the Municipal Court for the City of ______, as the case may be) at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the (State of Oregon or the City of ______, as the case may be) against E. F. on behalf of the defendant. Dated the ___ day of ______, 2___. G. H., Attorney of Record of Defendant. ______________________________________________________________________________ [Formerly 139.070; 1977 c.746 §6; 1981 c.174 §2]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.580", "name": "(2), criminal process authorizing or commanding the seizure or", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.580", "sectionName": "(2), criminal process authorizing or commanding the seizure or", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.580", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "production of papers, documents, records or other things may be issued to a recipient, regardless of whether the recipient or the papers, documents, records or things are located within this state, if:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section does not extend the date by which a recipient must seek relief under this subsection. (5) Criminal process issued under this section must contain a notice on the first page of the document that indicates", "section must file written notice of that intention with the court and must disclose the affidavit, statement of authenticity or declaration sufficiently in advance of offering the paper, document, record or other thing into evidence to provide the adverse party with an opportunity to challenge the affidavit, statement of authenticity or declaration and to have that challenge determined without prejudice to the ability of the moving party to produce the custodian or other qualified person at trial. The written notice must include the contact information for the custodian or other qualified person who signed the document. A motion opposing admission of the paper, document, record or other thing into evidence must be filed and determined by the court before trial and with sufficient time to allow the party offering the paper, document, record or other thing, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating a hardship on the party or the custodian or other qualified person. (8) Failure by a party that receives notice under subsection (7) of this section to timely file a motion opposing admission of the paper, document, record or other thing constitutes a waiver of objection to the admission of the evidence on the basis of the insufficiency of the affidavit, statement of authenticity or declaration unless the court finds good cause to grant relief from the waiver. If the court grants relief from the waiver, the court shall order the trial continued upon the request of the proponent of the evidence and allow the proponent sufficient time to arrange for the necessary witness to appear. (9) A recipient of criminal process under this section or any individual that responds to the process is immune from civil and criminal liability for complying with the process and for any failure to provide notice of any disclosure to a person who is the subject of, or identified in, the disclosure. (10) Nothing in this section limits the authority of a court to issue criminal process under any other provision of law or prohibits a party from calling the custodian of the evidence or other qualified person to testify regarding the evidence. (11) As used in this section"], "ors_citations": ["131.205", "131.235", "136.447", "136.580", "40.460", "40.505", "132.320"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "production of papers, documents, records or other things may be issued to a recipient, regardless of whether the recipient or the papers, documents, records or things are located within this state, if: (a) The criminal matter is triable in Oregon under ORS 131.205 to 131.235; and (b) The exercise of jurisdiction over the recipient is not inconsistent with the Constitution of this state or the Constitution of the United States. (2) Criminal process that authorizes or commands the seizure or production of papers, documents, records or other things from a recipient may be served by: (a) Delivering a copy to the recipient personally; or (b) Sending a copy by: (A) Certified or registered mail, return receipt requested; (B) Express mail; or (C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery. (3) When criminal process is served under subsection (2) of this section, the recipient shall provide the applicant, or if the process is described in ORS 136.447 or 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 time that is less than 20 business days; (b) The court, for good cause shown, extends the time for production to a period of time that is more than 20 business days; or (c) The applicant consents to a request from the recipient for additional time to comply with the process. (4) A recipient who seeks to quash or otherwise challenge the criminal process must seek relief from the court that issued the process within the time required for production. The court shall hear and decide the issue as soon as practicable. The consent of the applicant to additional time to comply with the process under subsection (3)(c) of this section does not extend the date by which a recipient must seek relief under this subsection. (5) Criminal process issued under this section must contain a notice on the first page of the document that indicates: (a) That the process was issued under this section; (b) The date before which the recipient must respond to the process; and (c) That the deadline for seeking relief is not altered by the applicant’s consent to additional time to respond to the process. (6) Upon order of the court or the written request of the applicant, the recipient of the process shall verify the authenticity of the papers, documents, records or other things that the recipient produces in response to the criminal process by providing an affidavit, statement of authenticity or declaration that identifies the custodian or other qualified person completing the document and attests to the nature of the papers, documents, records or other things. An affidavit, statement of authenticity or declaration that complies with this subsection fulfills the requirements of ORS 40.460 (6), 40.505 and 132.320. (7) A party that intends to offer a paper, document, record or other thing into evidence under this section must file written notice of that intention with the court and must disclose the affidavit, statement of authenticity or declaration sufficiently in advance of offering the paper, document, record or other thing into evidence to provide the adverse party with an opportunity to challenge the affidavit, statement of authenticity or declaration and to have that challenge determined without prejudice to the ability of the moving party to produce the custodian or other qualified person at trial. The written notice must include the contact information for the custodian or other qualified person who signed the document. A motion opposing admission of the paper, document, record or other thing into evidence must be filed and determined by the court before trial and with sufficient time to allow the party offering the paper, document, record or other thing, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating a hardship on the party or the custodian or other qualified person. (8) Failure by a party that receives notice under subsection (7) of this section to timely file a motion opposing admission of the paper, document, record or other thing constitutes a waiver of objection to the admission of the evidence on the basis of the insufficiency of the affidavit, statement of authenticity or declaration unless the court finds good cause to grant relief from the waiver. If the court grants relief from the waiver, the court shall order the trial continued upon the request of the proponent of the evidence and allow the proponent sufficient time to arrange for the necessary witness to appear. (9) A recipient of criminal process under this section or any individual that responds to the process is immune from civil and criminal liability for complying with the process and for any failure to provide notice of any disclosure to a person who is the subject of, or identified in, the disclosure. (10) Nothing in this section limits the authority of a court to issue criminal process under any other provision of law or prohibits a party from calling the custodian of the evidence or other qualified person to testify regarding the evidence. (11) As used in this section: (a) “Applicant” means: (A) A police officer or district attorney who applies for a search warrant or other court order or seeks to issue a subpoena under this section; or (B) A defense attorney who applies for a court order or seeks to issue a subpoena under this section. (b) “Contact information” means a mailing address, email address or phone number. (c) “Criminal process” means a subpoena, search warrant or other court order. (d) “Declaration” means a declaration under ORCP 1 E. (e) “Defense attorney” means an attorney of record for a person charged with a crime who is seeking the issuance of criminal process for the defense of the criminal case. (f) “Recipient” means a business entity or nonprofit entity that has conducted business or engaged in transactions occurring at least in part in this state. (g) “Statement of authenticity” means a statement that attests to the authenticity, truthfulness or correctness of specific papers, documents, records or other things, that is signed by the custodian or other qualified person. [2009 c.617 §1; 2013 c.218 §17; 2025 c.375 §1] Note:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The criminal matter is triable in Oregon under ORS 131.205 to 131.235; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The exercise of jurisdiction over the recipient is not inconsistent with the Constitution of this state or the Constitution of the United States.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Criminal process that authorizes or commands the seizure or production of papers, documents, records or other things from a recipient may be served by: of this section, the recipient shall provide the applicant, or if the process is described in ORS 136.447 or 136.580 , 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:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Delivering a copy to the recipient personally; or The court, for good cause shown, includes in the process a requirement for production within a period of time that is less than 20 business days;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Sending a copy by: The court, for good cause shown, extends the time for production to a period of time that is more than 20 business days; or", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Certified or registered mail, return receipt requested;", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Express mail; or", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery.", "subsections": []}]}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "The applicant consents to a request from the recipient for additional time to comply with the process.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "When criminal process is served under subsection (c) of this section does not extend the date by which a recipient must seek relief under this subsection.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A recipient who seeks to quash or otherwise challenge the criminal process must seek relief from the court that issued the process within the time required for production. The court shall hear and decide the issue as soon as practicable. The consent of the applicant to additional time to comply with the process under subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Criminal process issued under this section must contain a notice on the first page of the document that indicates:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "That the process was issued under this section;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The date before which the recipient must respond to the process; and", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "That the deadline for seeking relief is not altered by the applicant’s consent to additional time to respond to the process.", "subsections": []}]}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "Upon order of the court or the written request of the applicant, the recipient of the process shall verify the authenticity of the papers, documents, records or other things that the recipient produces in response to the criminal process by providing an affidavit, statement of authenticity or declaration that identifies the custodian or other qualified person completing the document and attests to the nature of the papers, documents, records or other things. An affidavit, statement of authenticity or declaration that complies with this subsection fulfills the requirements of ORS 40.460 , 40.505 and 132.320.", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "A party that intends to offer a paper, document, record or other thing into evidence under this section must file written notice of that intention with the court and must disclose the affidavit, statement of authenticity or declaration sufficiently in advance of offering the paper, document, record or other thing into evidence to provide the adverse party with an opportunity to challenge the affidavit, statement of authenticity or declaration and to have that challenge determined without prejudice to the ability of the moving party to produce the custodian or other qualified person at trial. The written notice must include the contact information for the custodian or other qualified person who signed the document. A motion opposing admission of the paper, document, record or other thing into evidence must be filed and determined by the court before trial and with sufficient time to allow the party offering the paper, document, record or other thing, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating a hardship on the party or the custodian or other qualified person. of this section to timely file a motion opposing admission of the paper, document, record or other thing constitutes a waiver of objection to the admission of the evidence on the basis of the insufficiency of the affidavit, statement of authenticity or declaration unless the court finds good cause to grant relief from the waiver. If the court grants relief from the waiver, the court shall order the trial continued upon the request of the proponent of the evidence and allow the proponent sufficient time to arrange for the necessary witness to appear.", "subsections": []}, {"label": "(8)", "token": "8", "kind": "numeric", "text": "Failure by a party that receives notice under subsection", "subsections": []}, {"label": "(9)", "token": "9", "kind": "numeric", "text": "A recipient of criminal process under this section or any individual that responds to the process is immune from civil and criminal liability for complying with the process and for any failure to provide notice of any disclosure to a person who is the subject of, or identified in, the disclosure.", "subsections": []}, {"label": "(10)", "token": "10", "kind": "numeric", "text": "Nothing in this section limits the authority of a court to issue criminal process under any other provision of law or prohibits a party from calling the custodian of the evidence or other qualified person to testify regarding the evidence.", "subsections": []}, {"label": "(11)", "token": "11", "kind": "numeric", "text": "As used in this section:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "“Applicant” means:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "A police officer or district attorney who applies for a search warrant or other court order or seeks to issue a subpoena under this section; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "A defense attorney who applies for a court order or seeks to issue a subpoena under this section.", "subsections": []}]}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "“Contact information” means a mailing address, email address or phone number.", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "“Criminal process” means a subpoena, search warrant or other court order.", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "“Declaration” means a declaration under ORCP 1 E.", "subsections": []}, {"label": "(e)", "token": "e", "kind": "alpha_lower", "text": "“Defense attorney” means an attorney of record for a person charged with a crime who is seeking the issuance of criminal process for the defense of the criminal case.", "subsections": []}, {"label": "(f)", "token": "f", "kind": "alpha_lower", "text": "“Recipient” means a business entity or nonprofit entity that has conducted business or engaged in transactions occurring at least in part in this state.", "subsections": []}, {"label": "(g)", "token": "g", "kind": "alpha_lower", "text": "“Statement of authenticity” means a statement that attests to the authenticity, truthfulness or correctness of specific papers, documents, records or other things, that is signed by the custodian or other qualified person. [2009 c.617 §1; 2013 c.218 §17; 2025 c.375 §1] Note:", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.583", "name": "was enacted into law by", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.583", "sectionName": "was enacted into law by", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.583", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.585", "name": "By", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.585", "sectionName": "By", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.585", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "whom subpoena is served.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.090"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "whom subpoena is served. A subpoena may be served by the defendant or any other person over 18 years of age and shall be served by any sheriff or constable within the county or district of the sheriff or constable, as the case may be, when delivered to the sheriff or constable for service, either on the part of the prosecution or of the defendant. [Formerly 139.090; 1977 c.746 §7]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.595", "name": "How", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.595", "sectionName": "How", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.595", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "subpoena is served; proof of service; service on law enforcement agency.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "subpoena is served; proof of service; service on law enforcement agency. (1) Except as provided in ORS", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in ORS", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.600", "name": "ORS 136.600", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.600", "sectionName": "ORS 136.600", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.600", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Certain civil procedures applicable in criminal context.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["44.150", "139.110"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Certain civil procedures applicable in criminal context. The provisions of ORS 44.150 and ORCP 39 B and 55 A(6)(d) and 55 B(4) apply in criminal actions, examinations and proceedings. [Formerly 139.110; 1979 c.284 §115; 1989 c.980 §6; 2023 c.302 §5]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.602", "name": "ORS 136.602", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.602", "sectionName": "ORS 136.602", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.602", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Witness fees payable by county; method of payment; defense witness fees payable by defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.603", "135.055"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Witness fees payable by county; method of payment; defense witness fees payable by defendant. (1) Except as otherwise specifically provided by law, the per diem fees and mileage and any expenses allowed under ORS 136.603 due to any witness in a grand jury proceeding, or any prosecution witness in a criminal action or proceeding in a circuit or justice court or before a committing magistrate shall be paid by the county in which the grand jury proceeding or criminal action or proceeding is held. Payment shall be made upon a claim verified by the witness, showing the number of days attended and the number of miles traveled, and a certified statement, prepared by the district attorney, justice of the peace or committing magistrate, showing the amounts due the witness. (2) The per diem fees and mileage due to any defense witness in a criminal action or proceeding in a circuit or justice court, or before a committing magistrate, and any expenses allowed the witness under ORS 136.603, shall be paid by the defendant. In the case of a defendant determined to be financially eligible for appointed counsel at state expense, these amounts may be paid pursuant to ORS 135.055. [1981 s.s. c.3 §63; 1983 c.401 §1; 1987 c.606 §3; 1989 c.171 §18; 1989 c.1053 §3; 2001 c.962 §87]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as otherwise specifically provided by law, the per diem fees and mileage and any expenses allowed under ORS 136.603 due to any witness in a grand jury proceeding, or any prosecution witness in a criminal action or proceeding in a circuit or justice court or before a committing magistrate shall be paid by the county in which the grand jury proceeding or criminal action or proceeding is held. Payment shall be made upon a claim verified by the witness, showing the number of days attended and the number of miles traveled, and a certified statement, prepared by the district attorney, justice of the peace or committing magistrate, showing the amounts due the witness.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The per diem fees and mileage due to any defense witness in a criminal action or proceeding in a circuit or justice court, or before a committing magistrate, and any expenses allowed the witness under ORS 136.603, shall be paid by the defendant. In the case of a defendant determined to be financially eligible for appointed counsel at state expense, these amounts may be paid pursuant to ORS 135.055. [1981 s.s. c.3 §63; 1983 c.401 §1; 1987 c.606 §3; 1989 c.171 §18; 1989 c.1053 §3; 2001 c.962 §87]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.603", "name": "ORS 136.603", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.603", "sectionName": "ORS 136.603", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.603", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Payment of witness who is from outside state or is indigent.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and ORS 136.627 or other applicable law"], "ors_citations": ["136.627", "139.140"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Payment of witness who is from outside state or is indigent. (1)(a) Whenever any person attends any court, grand jury or committing magistrate as a witness on behalf of the prosecution or of any person accused of a crime upon request of the district attorney or city attorney or pursuant to subpoena, or by virtue of a recognizance for that purpose, and it appears that the witness has come from outside the state or that the witness is indigent, the court may, by an order entered in its records, direct payment to the witness of such sum of money as the court considers reasonable for the expenses of the witness. The order of the court, so entered, is sufficient authority for the payment. (b) Except as otherwise specifically provided by law, if a witness who is to be paid expenses pursuant to this subsection: (A) Attends a grand jury, a circuit court or judge thereof, a judge of a county court or a justice of the peace, on behalf of the prosecution, payment shall be made by the county. (B) Attends a municipal court or judge thereof on behalf of the prosecution, payment shall be made by the city. (C) Attends a circuit court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the executive director of the Oregon Public Defense Commission. (D) Attends a judge of the county court or a justice of the peace on behalf of a financially eligible defendant, payment shall be made by the county. (E) Attends a municipal court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the city. (F) Attends any court on behalf of a defendant who is not financially eligible, payment shall be made by the defendant, and the court shall so order. (2) In the case of a prisoner of a jurisdiction outside of this state who is required to attend as a witness in this state, whether for the prosecution or the defense, the sheriff shall be responsible for transporting the witness to the proper court of this state, and the sheriff shall assume any costs incurred in connection with the witness while the witness is in the custody of the sheriff. However, the sheriff and not the witness shall be entitled to the witness fees, mileage and expenses to which the witness would otherwise be entitled under this section and ORS 136.627 or other applicable law. [Formerly 139.140; 1977 c.746 §8; 1981 s.s. c.3 §64; 1983 c.401 §2; 1987 c.606 §5; 1989 c.171 §19; 2001 c.962 §27; 2023 c.281 §26]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "(a) Whenever any person attends any court, grand jury or committing magistrate as a witness on behalf of the prosecution or of any person accused of a crime upon request of the district attorney or city attorney or pursuant to subpoena, or by virtue of a recognizance for that purpose, and it appears that the witness has come from outside the state or that the witness is indigent, the court may, by an order entered in its records, direct payment to the witness of such sum of money as the court considers reasonable for the expenses of the witness. The order of the court, so entered, is sufficient authority for the payment.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Except as otherwise specifically provided by law, if a witness who is to be paid expenses pursuant to this subsection:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Attends a grand jury, a circuit court or judge thereof, a judge of a county court or a justice of the peace, on behalf of the prosecution, payment shall be made by the county.", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Attends a municipal court or judge thereof on behalf of the prosecution, payment shall be made by the city.", "subsections": []}, {"label": "(C)", "token": "C", "kind": "alpha_upper", "text": "Attends a circuit court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the executive director of the Oregon Public Defense Commission.", "subsections": []}, {"label": "(D)", "token": "D", "kind": "alpha_upper", "text": "Attends a judge of the county court or a justice of the peace on behalf of a financially eligible defendant, payment shall be made by the county.", "subsections": []}, {"label": "(E)", "token": "E", "kind": "alpha_upper", "text": "Attends a municipal court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the city.", "subsections": []}, {"label": "(F)", "token": "F", "kind": "alpha_upper", "text": "Attends any court on behalf of a defendant who is not financially eligible, payment shall be made by the defendant, and the court shall so order.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In the case of a prisoner of a jurisdiction outside of this state who is required to attend as a witness in this state, whether for the prosecution or the defense, the sheriff shall be responsible for transporting the witness to the proper court of this state, and the sheriff shall assume any costs incurred in connection with the witness while the witness is in the custody of the sheriff. However, the sheriff and not the witness shall be entitled to the witness fees, mileage and expenses to which the witness would otherwise be entitled under this section and ORS 136.627 or other applicable law. [Formerly 139.140; 1977 c.746 §8; 1981 s.s. c.3 §64; 1983 c.401 §2; 1987 c.606 §5; 1989 c.171 §19; 2001 c.962 §27; 2023 c.281 §26]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.605", "name": "ORS 136.605", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.605", "sectionName": "ORS 136.605", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.605", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[1957 c.576 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.445"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1957 c.576 §1; 1973 c.836 §240; renumbered 136.445]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.607", "name": "ORS 136.607", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.607", "sectionName": "ORS 136.607", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.607", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Formerly 139.150;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.150"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 139.150; 1977 c.746 §9; repealed by 1995 c.657 §18] (Material Witness Order)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.608", "name": "ORS 136.608", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.608", "sectionName": "ORS 136.608", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.608", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Application procedure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and ORS 136.612 and 136.614"], "ors_citations": ["136.612", "136.614"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Application procedure. (1) The district attorney or the defendant may apply to the court for a material witness order when: (a) An indictment has been filed, and is pending, against the defendant in a circuit court; (b) A grand jury proceeding has been commenced against the defendant; or (c) A complainant’s information or a district attorney’s information alleging that the defendant has committed a felony has been filed, and is pending, in a court of competent jurisdiction. (2) The application must be in writing and sworn to by the applicant. The request must state facts establishing a reasonable belief that the person the applicant desires to call as a witness: (a) Possesses information material to the determination of the action against the defendant; and (b) Will not appear at the time when attendance of the witness is required. (3) The applicant shall file the application: (a) If an indictment has been filed, a grand jury proceeding has been commenced or the defendant has been held to answer by any court to await the action of a grand jury, in the circuit court in which the indictment is pending or by which the grand jury has been impaneled; or (b) If information alleging the commission of a felony is pending in a court authorized to hold a preliminary hearing, in that court or in the circuit court that would have jurisdiction of the case upon holding the defendant to answer to await the action of the grand jury. (4) As used in this section and ORS 136.612 and 136.614, “material witness order” means an order finding a person to be a material witness in a pending criminal action and fixing a security amount to be posted to secure future attendance of the witness. [1995 c.657 §14] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "The district attorney or the defendant may apply to the court for a material witness order when:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "An indictment has been filed, and is pending, against the defendant in a circuit court;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "A grand jury proceeding has been commenced against the defendant; or", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "A complainant’s information or a district attorney’s information alleging that the defendant has committed a felony has been filed, and is pending, in a court of competent jurisdiction.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The application must be in writing and sworn to by the applicant. The request must state facts establishing a reasonable belief that the person the applicant desires to call as a witness:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Possesses information material to the determination of the action against the defendant; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Will not appear at the time when attendance of the witness is required.", "subsections": []}]}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The applicant shall file the application:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If an indictment has been filed, a grand jury proceeding has been commenced or the defendant has been held to answer by any court to await the action of a grand jury, in the circuit court in which the indictment is pending or by which the grand jury has been impaneled; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If information alleging the commission of a felony is pending in a court authorized to hold a preliminary hearing, in that court or in the circuit court that would have jurisdiction of the case upon holding the defendant to answer to await the action of the grand jury.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "As used in this section and ORS 136.612 and 136.614, “material witness order” means an order finding a person to be a material witness in a pending criminal action and fixing a security amount to be posted to secure future attendance of the witness. [1995 c.657 §14] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.609", "name": "ORS 136.609", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.609", "sectionName": "ORS 136.609", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.609", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Formerly 139.160;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.160"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 139.160; 1977 c.746 §10; repealed by 1995 c.657 §18]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.610", "name": "ORS 136.610", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.610", "sectionName": "ORS 136.610", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.610", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §241;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.450"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §241; renumbered 136.450]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.611", "name": "Court", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.611", "sectionName": "Court", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.611", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "action upon receipt of application.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section must inform the prospective witness of the purpose of the hearing and must be served in the manner provided in ORCP 7 for the service of a summons. (3) When the prospective witness appears before the court, the court shall inform the person"], "ors_citations": ["136.608"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "action upon receipt of application. (1) If, upon receipt of an application under ORS 136.608, the court determines that the application is well founded, the court shall: (a) Enter an order directing the prospective witness to appear before the court at a designated time; or (b) Issue a warrant of arrest directing the sheriff to take the person into custody and bring the person before the court, if the application included facts establishing a reasonable belief that the prospective witness would not respond to an order to appear. (2) An order under subsection (1) of this section must inform the prospective witness of the purpose of the hearing and must be served in the manner provided in ORCP 7 for the service of a summons. (3) When the prospective witness appears before the court, the court shall inform the person: (a) Of the nature and purpose of the hearing; and (b) That the person has all of the rights of a person in a criminal proceeding including, but not limited to, the right to counsel, the right to appointed counsel at state expense if the person is unable to afford counsel and the right to call witnesses and have subpoenas issued. (4) The hearing may be postponed at the request of the prospective witness for the purpose of obtaining counsel. If the hearing is postponed, the court shall order the prospective witness to appear at a future time. In addition, the court may require the prospective witness to pay an amount to secure the person’s appearance. If the person refuses to comply with the order, the court shall commit the person to the jail of the county, or other appropriate detention facility, until the person complies or is discharged. [1995 c.657 §15] Note: See note under 136.608.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If, upon receipt of an application under ORS 136.608, the court determines that the application is well founded, the court shall: of this section must inform the prospective witness of the purpose of the hearing and must be served in the manner provided in ORCP 7 for the service of a summons.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Enter an order directing the prospective witness to appear before the court at a designated time; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Issue a warrant of arrest directing the sheriff to take the person into custody and bring the person before the court, if the application included facts establishing a reasonable belief that the prospective witness would not respond to an order to appear.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "An order under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "When the prospective witness appears before the court, the court shall inform the person:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Of the nature and purpose of the hearing; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "That the person has all of the rights of a person in a criminal proceeding including, but not limited to, the right to counsel, the right to appointed counsel at state expense if the person is unable to afford counsel and the right to call witnesses and have subpoenas issued.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "The hearing may be postponed at the request of the prospective witness for the purpose of obtaining counsel. If the hearing is postponed, the court shall order the prospective witness to appear at a future time. In addition, the court may require the prospective witness to pay an amount to secure the person’s appearance. If the person refuses to comply with the order, the court shall commit the person to the jail of the county, or other appropriate detention facility, until the person complies or is discharged. [1995 c.657 §15] Note: See note under 136.608.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.612", "name": "ORS 136.612", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.612", "sectionName": "ORS 136.612", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.612", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Hearing; security amount; vacation or modification of order.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.611", "136.608"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Hearing; security amount; vacation or modification of order. (1) At the hearing to determine whether a material witness order should be entered: (a) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support the order; (b) The prospective witness may testify and may call witnesses; (c) All testimony is under oath; and (d) The Oregon Evidence Code shall apply in any material witness proceeding under ORS 136.611, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant’s reliability and, as far as possible, the means by which the information was obtained. (2) If the court finds by a preponderance of the evidence that the prospective witness possesses information that is material to the pending action and will not appear at the time the attendance of the witness is required, the court shall establish a security amount calculated to ensure the attendance of the witness and shall enter a material witness order. (3)(a) If the security amount is paid, the court shall release the witness. If someone other than the witness pays the security amount, the court shall release the witness only if the witness consents, in writing, to the payment of the security. (b) If the security amount is not paid, the court shall commit the witness to the jail of the county, or other appropriate detention facility, until the witness pays the security amount or the attendance of the witness is no longer needed in the action. (4) Unless vacated as provided in subsection (5) of this section, a material witness order remains in effect: (a) If issued by a circuit court, during the pendency of the criminal action in the circuit court; or (b) If issued by a court other than a circuit court, until the attendance of the witness is no longer needed in any part of the criminal action. (5) At any time after the entry of a material witness order, the court, upon application of either party to the order and notice to the other party, may vacate or modify the order. The court shall consider new, or changed, facts or circumstances. The court may vacate the order or may modify any part of the order. If the court reduces the security amount, the court shall exonerate any part of the original security amount in excess of the modified amount that has been paid. [1995 c.657 §16] Note: See note under 136.608.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "At the hearing to determine whether a material witness order should be entered:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The applicant has the burden of proving by a preponderance of the evidence all facts essential to support the order;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The prospective witness may testify and may call witnesses;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "All testimony is under oath; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The Oregon Evidence Code shall apply in any material witness proceeding under ORS 136.611, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant’s reliability and, as far as possible, the means by which the information was obtained.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the court finds by a preponderance of the evidence that the prospective witness possesses information that is material to the pending action and will not appear at the time the attendance of the witness is required, the court shall establish a security amount calculated to ensure the attendance of the witness and shall enter a material witness order.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) If the security amount is paid, the court shall release the witness. If someone other than the witness pays the security amount, the court shall release the witness only if the witness consents, in writing, to the payment of the security.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If the security amount is not paid, the court shall commit the witness to the jail of the county, or other appropriate detention facility, until the witness pays the security amount or the attendance of the witness is no longer needed in the action.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "Unless vacated as provided in subsection", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "of this section, a material witness order remains in effect: At any time after the entry of a material witness order, the court, upon application of either party to the order and notice to the other party, may vacate or modify the order. The court shall consider new, or changed, facts or circumstances. The court may vacate the order or may modify any part of the order. If the court reduces the security amount, the court shall exonerate any part of the original security amount in excess of the modified amount that has been paid. [1995 c.657 §16] Note: See note under 136.608.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "If issued by a circuit court, during the pendency of the criminal action in the circuit court; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "If issued by a court other than a circuit court, until the attendance of the witness is no longer needed in any part of the criminal action.", "subsections": []}]}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.613", "name": "ORS 136.613", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.613", "sectionName": "ORS 136.613", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.613", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Formerly 139.170;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.170"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 139.170; 1977 c.746 §11; repealed by 1995 c.657 §18]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.614", "name": "ORS 136.614", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.614", "sectionName": "ORS 136.614", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.614", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Witness held in detention facility;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.608"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Witness held in detention facility; payment. A witness held in a county jail, or other appropriate detention facility, as the result of a material witness order must be paid $7.50 for each day of confinement. The county shall pay the fee upon the release of the witness from custody or, in the discretion of the court, at designated times or intervals during the confinement. [1995 c.657 §17] Note: See note under 136.608.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.615", "name": "ORS 136.615", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.615", "sectionName": "ORS 136.615", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.615", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Formerly 139.180;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.180"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Formerly 139.180; repealed by 1995 c.657 §18]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.616", "name": "ORS 136.616", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.616", "sectionName": "ORS 136.616", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.616", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Deposition to perpetuate testimony; procedure.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section must describe", "section does not invalidate or otherwise affect the material witness order, but may be considered in connection with an application to vacate or modify the order under ORS 136.612 (5). (7) The Oregon Evidence Code applies to depositions under this section"], "ors_citations": ["136.608", "136.612"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Deposition to perpetuate testimony; procedure. (1) As used in this section, “material witness order” has the meaning given that term in ORS 136.608. (2) At any time after the court enters a material witness order, the court may order, or the district attorney or the defendant may file a petition to conduct, a deposition to perpetuate the testimony of the material witness. (3)(a) The petition must be in writing and sworn to by the petitioner. (b) The petitioner shall serve a notice and a copy of the petition on the opposing party and on the material witness. (4) A petition filed under this section must describe: (a) The basis on which the court entered the material witness order; (b) Any findings made by the court in establishing the security amount under ORS 136.612; (c) Any findings made by the court in detaining the material witness; and (d) The reasons that perpetuating the testimony of the material witness is necessary. (5) The court shall grant or deny the petition no later than 30 days after the date the petition is filed. The court shall consider whether the perpetuation of the testimony will prevent failure or delay of justice for the parties and the material witness. If the court orders the deposition of the material witness, the court may specify the subject matter of the deposition, impose limitations on the deposition and require audio or video recording of the deposition. (6) The deposition of a material witness under this section does not invalidate or otherwise affect the material witness order, but may be considered in connection with an application to vacate or modify the order under ORS 136.612 (5). (7) The Oregon Evidence Code applies to depositions under this section. [2015 c.623 §7] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "As used in this section, “material witness order” has the meaning given that term in ORS 136.608.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "At any time after the court enters a material witness order, the court may order, or the district attorney or the defendant may file a petition to conduct, a deposition to perpetuate the testimony of the material witness.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "(a) The petition must be in writing and sworn to by the petitioner.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "The petitioner shall serve a notice and a copy of the petition on the opposing party and on the material witness.", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "A petition filed under this section must describe:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The basis on which the court entered the material witness order;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Any findings made by the court in establishing the security amount under ORS 136.612;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "Any findings made by the court in detaining the material witness; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The reasons that perpetuating the testimony of the material witness is necessary.", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "The court shall grant or deny the petition no later than 30 days after the date the petition is filed. The court shall consider whether the perpetuation of the testimony will prevent failure or delay of justice for the parties and the material witness. If the court orders the deposition of the material witness, the court may specify the subject matter of the deposition, impose limitations on the deposition and require audio or video recording of the deposition.", "subsections": []}, {"label": "(6)", "token": "6", "kind": "numeric", "text": "The deposition of a material witness under this section does not invalidate or otherwise affect the material witness order, but may be considered in connection with an application to vacate or modify the order under ORS 136.612", "subsections": []}, {"label": "(7)", "token": "7", "kind": "numeric", "text": "The Oregon Evidence Code applies to depositions under this section. [2015 c.623 §7] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.617", "name": "Motion", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.617", "sectionName": "Motion", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.617", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "to compel witness who may be incriminated to testify.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["646.760", "139.190"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to compel witness who may be incriminated to testify. In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760, or in any proceeding for the imposition of remedial or punitive sanction for contempt, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be incriminated thereby, the prosecuting attorney may move the court to order the witness to testify or produce evidence. The court shall forthwith hold a summary hearing at which the prosecuting attorney shall show reasonable cause to believe the witness possesses knowledge relevant to the proceeding, or that no privilege protects the evidence sought to be produced. The witness may show cause why the witness should not be compelled to testify or produce evidence. The court shall order the witness to testify regarding the subject matter under inquiry upon such showing of reasonable cause or shall order the production of evidence upon a finding that no privilege protects the evidence sought, unless the court finds that to do so would be clearly contrary to the public interest. The court shall hold the summary hearing outside the presence of the jury and the public and may require the prosecuting attorney to disclose the purpose of the testimony or evidence. The witness shall be entitled to be represented by counsel at the summary hearing. [Formerly 139.190; 1975 c.255 §14; 1981 c.882 §1; 1991 c.724 §25a]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.619", "name": "ORS 136.619", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.619", "sectionName": "ORS 136.619", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.619", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Immunity of witness compelled to testify.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section 12, Article I of the Oregon Constitution. The testimony of the witness or evidence produced or information derived from the testimony or evidence may not be used against the witness in any criminal prosecution. However, the witness may nevertheless be prosecuted or subjected to penalty for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. If a person refuses to testify after being ordered to testify as provided in this section, the person shall be subject to penalty for contempt of court for failure to comply with the order. (2) Subsection (1) of this section shall not prevent the use of post-judgment collection procedures, including but not limited to wage withholding, income withholding, benefit withholding, assignment, garnishment or execution, based on matters about which a defendant testifies or produces evidence in compliance with a court order issued under ORS 136.617 in any proceeding for the imposition of remedial or punitive sanctions for contempt"], "ors_citations": ["33.085", "136.617", "139.200"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Immunity of witness compelled to testify. (1) A witness who, in compliance with a court order issued under ORS 33.085 or 136.617, testifies or produces evidence that the witness would have been privileged to withhold but for the court order, may be prosecuted or subjected to any penalty or forfeiture for any matter about which the witness testified or produced evidence unless the prosecution, penalty or forfeiture is prohibited by section 12, Article I of the Oregon Constitution. The testimony of the witness or evidence produced or information derived from the testimony or evidence may not be used against the witness in any criminal prosecution. However, the witness may nevertheless be prosecuted or subjected to penalty for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. If a person refuses to testify after being ordered to testify as provided in this section, the person shall be subject to penalty for contempt of court for failure to comply with the order. (2) Subsection (1) of this section shall not prevent the use of post-judgment collection procedures, including but not limited to wage withholding, income withholding, benefit withholding, assignment, garnishment or execution, based on matters about which a defendant testifies or produces evidence in compliance with a court order issued under ORS 136.617 in any proceeding for the imposition of remedial or punitive sanctions for contempt. [Formerly 139.200; 1981 c.882 §2; 1985 c.709 §1; 1991 c.724 §25b; 1997 c.313 §22]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "A witness who, in compliance with a court order issued under ORS 33.085 or 136.617, testifies or produces evidence that the witness would have been privileged to withhold but for the court order, may be prosecuted or subjected to any penalty or forfeiture for any matter about which the witness testified or produced evidence unless the prosecution, penalty or forfeiture is prohibited by section 12, Article I of the Oregon Constitution. The testimony of the witness or evidence produced or information derived from the testimony or evidence may not be used against the witness in any criminal prosecution. However, the witness may nevertheless be prosecuted or subjected to penalty for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order. If a person refuses to testify after being ordered to testify as provided in this section, the person shall be subject to penalty for contempt of court for failure to comply with the order. of this section shall not prevent the use of post-judgment collection procedures, including but not limited to wage withholding, income withholding, benefit withholding, assignment, garnishment or execution, based on matters about which a defendant testifies or produces evidence in compliance with a court order issued under ORS 136.617 in any proceeding for the imposition of remedial or punitive sanctions for contempt. [Formerly 139.200; 1981 c.882 §2; 1985 c.709 §1; 1991 c.724 §25b; 1997 c.313 §22]", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.620", "name": "ORS 136.620", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.620", "sectionName": "ORS 136.620", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.620", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §242;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.455"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §242; renumbered 136.455] (Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.623", "name": "ORS 136.623", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.623", "sectionName": "ORS 136.623", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.623", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Definitions.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.623", "136.637", "139.210"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions. (1) “Witness,” as used in ORS 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. (2) The word “state” shall include any territory of the United States and District of Columbia. (3) The word “summons” shall include a subpoena, order or other notice requiring the appearance of a witness. [Formerly 139.210]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Witness,” as used in ORS 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.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The word “state” shall include any territory of the United States and District of Columbia.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "The word “summons” shall include a subpoena, order or other notice requiring the appearance of a witness. [Formerly 139.210]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.625", "name": "Where", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.625", "sectionName": "Where", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.625", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "witness material to proceeding in another state is in this state.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.220"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "witness material to proceeding in another state is in this state. (1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that the presence of the person will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. (2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein. (3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the attendance of the witness in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before the judge for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state only after the tender of payment of the mileage and per diem herein provided for. (4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. [Formerly 139.220]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that the presence of the person will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the attendance of the witness in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before the judge for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state only after the tender of payment of the mileage and per diem herein provided for.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day, that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. [Formerly 139.220]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.627", "name": "Where", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.627", "sectionName": "Where", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.627", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "witness material to proceeding in this state is in another state.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.230"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "witness material to proceeding in this state is in another state. (1) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the county stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. (2) If the witness is summoned to attend and testify in this state the witness shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state. [Formerly 139.230]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the county stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the attendance of the witness in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the witness is summoned to attend and testify in this state the witness shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state. [Formerly 139.230]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.630", "name": "ORS 136.630", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.630", "sectionName": "ORS 136.630", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.630", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.633", "name": "ORS 136.633", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.633", "sectionName": "ORS 136.633", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.633", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Immunity of witness from arrest or service of process.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.240"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Immunity of witness from arrest or service of process. (1) If a person comes into this state in obedience to a summons directing the person to attend and testify in this state the person shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons. (2) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons. [Formerly 139.240]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "If a person comes into this state in obedience to a summons directing the person to attend and testify in this state the person shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the entrance of the person into this state under the summons. [Formerly 139.240]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.635", "name": "ORS 136.635", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.635", "sectionName": "ORS 136.635", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.635", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Construction of ORS 136.623 to 136.637.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.623", "136.637", "139.250"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Construction of ORS 136.623 to 136.637. ORS 136.623 to 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. [Formerly 139.250]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.637", "name": "Short", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.637", "sectionName": "Short", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.637", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "title.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.623", "136.637", "139.260"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "title. ORS 136.623 to 136.637 may be cited as Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings. [Formerly 139.260]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.640", "name": "ORS 136.640", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.640", "sectionName": "ORS 136.640", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.640", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1973 c.836 §358] (Competency)", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1973 c.836 §358] (Competency)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.643", "name": "ORS 136.643", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.643", "sectionName": "ORS 136.643", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.643", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Defendant as witness.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.310"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Defendant as witness. In the trial of or examination upon any indictment, complaint, information or other proceeding before any court, magistrate, jury or other tribunal against a person accused or charged with the commission of a crime, the person so charged or accused shall, at the own request of the person, but not otherwise, be deemed a competent witness, the credit to be given to the testimony of the person being left solely to the jury, under the instructions of the court, or to the discrimination of the magistrate, grand jury or other tribunal before which such testimony is given. The waiver of the person of this right creates no presumption against the person. The defendant or accused, when offering testimony as a witness in the own behalf of the defendant, gives the prosecution a right to cross-examination upon all facts to which the defendant or accused has testified and which tend to the conviction or acquittal of the defendant or accused. [Formerly 139.310]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.645", "name": "ORS 136.645", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.645", "sectionName": "ORS 136.645", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.645", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Codefendant as witness.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["139.315"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Codefendant as witness. No person named in an indictment, information or complaint as a codefendant shall be deemed incompetent to testify as a witness at the trial of another defendant solely because the person is so named. [Formerly 139.315]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.650", "name": "ORS 136.650", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.650", "sectionName": "ORS 136.650", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.650", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §243;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.460"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §243; renumbered 136.460]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.655", "name": "Spouse", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.655", "sectionName": "Spouse", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.655", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "as witness.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["40.255", "139.320"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "as witness. (1) Except as provided in subsection (2) of this section, in all criminal actions in which a spouse in a marriage is the party accused, the other spouse is a competent witness, but neither spouse shall be compelled or allowed to testify in a criminal action, except as provided in ORS 40.255. (2) There is no privilege under this section, or under ORS 40.255 in all criminal actions in which a spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse. [Formerly 139.320; 1979 c.721 §1; 1981 c.892 §89; 2015 c.629 §29]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Except as provided in subsection", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "of this section, in all criminal actions in which a spouse in a marriage is the party accused, the other spouse is a competent witness, but neither spouse shall be compelled or allowed to testify in a criminal action, except as provided in ORS 40.255. There is no privilege under this section, or under ORS 40.255 in all criminal actions in which a spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse. [Formerly 139.320; 1979 c.721 §1; 1981 c.892 §89; 2015 c.629 §29]", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.660", "name": "ORS 136.660", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.660", "sectionName": "ORS 136.660", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.660", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §244;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.465"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §244; renumbered 136.465]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.670", "name": "ORS 136.670", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.670", "sectionName": "ORS 136.670", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.670", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §245;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.470"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §245; renumbered 136.470] (Hypnotized Witnesses)", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.675", "name": "ORS 136.675", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.675", "sectionName": "ORS 136.675", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.675", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Conditions for use of testimony of persons subjected to hypnosis.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["135.805", "135.873"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Conditions for use of testimony of persons subjected to hypnosis. If either prosecution or defense in any criminal proceeding in the State of Oregon intends to offer the testimony of any person, including the defendant, who has been subjected to hypnosis, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness relating to the subject matter of the proposed testimony, performed by any person, it shall be a condition of the use of such testimony that the entire procedure be recorded either on videotape or any mechanical recording device. The unabridged videotape or mechanical recording shall be made available to the other party or parties in accordance with ORS 135.805 to 135.873. [1977 c.540 §1; 1983 c.740 §15]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.680", "name": "ORS 136.680", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.680", "sectionName": "ORS 136.680", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.680", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §246;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.475"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §246; renumbered 136.475]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.685", "name": "ORS 136.685", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.685", "sectionName": "ORS 136.685", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.685", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Required explanations by law enforcement personnel to hypnosis subject; consent of subject required.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section shall be used upon that person"], "ors_citations": ["677.100", "677.228"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Required explanations by law enforcement personnel to hypnosis subject; consent of subject required. (1) No person employed or engaged in any capacity by or on behalf of any state or local law enforcement agency shall use upon another person any form of hypnotism, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness without first explaining to the intended subject that: (a) The intended subject is free to refuse to be subject to the processes delineated in this section; (b) There is a risk of psychological side effects resulting from the process; (c) If the intended subject agrees to be subject to such processes, it is possible that the process will reveal emotions or information of which the intended subject is not consciously aware and which the intended subject may wish to keep private; and (d) The intended subject may request that the process be conducted by a doctor licensed under ORS 677.100 to 677.228 or a licensed psychologist, at no cost to the intended subject. (2) In the event that the prospective subject refuses to consent, none of the processes delineated in subsection (1) of this section shall be used upon that person. [1977 c.540 §2; 2017 c.409 §5]", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "No person employed or engaged in any capacity by or on behalf of any state or local law enforcement agency shall use upon another person any form of hypnotism, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness without first explaining to the intended subject that: of this section shall be used upon that person. [1977 c.540 §2; 2017 c.409 §5]", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The intended subject is free to refuse to be subject to the processes delineated in this section;", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "There is a risk of psychological side effects resulting from the process;", "subsections": []}, {"label": "(c)", "token": "c", "kind": "alpha_lower", "text": "If the intended subject agrees to be subject to such processes, it is possible that the process will reveal emotions or information of which the intended subject is not consciously aware and which the intended subject may wish to keep private; and", "subsections": []}, {"label": "(d)", "token": "d", "kind": "alpha_lower", "text": "The intended subject may request that the process be conducted by a doctor licensed under ORS 677.100 to 677.228 or a licensed psychologist, at no cost to the intended subject.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "In the event that the prospective subject refuses to consent, none of the processes delineated in subsection", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.690", "name": "ORS 136.690", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.690", "sectionName": "ORS 136.690", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.690", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Renumbered 136.480]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.480"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 136.480]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.695", "name": "ORS 136.695", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.695", "sectionName": "ORS 136.695", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.695", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.675", "136.685"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible. No evidence secured in violation of ORS 136.675 or 136.685 shall be admissible in any criminal proceeding in this state. [1977 c.540 §3]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.700", "name": "ORS 136.700", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.700", "sectionName": "ORS 136.700", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.700", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §247;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.485"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §247; renumbered 136.485]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.710", "name": "ORS 136.710", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.710", "sectionName": "ORS 136.710", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.710", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §248;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.490"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §248; renumbered 136.490]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.720", "name": "ORS 136.720", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.720", "sectionName": "ORS 136.720", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.720", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §249;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.495"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §249; renumbered 136.495]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.730", "name": "ORS 136.730", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.730", "sectionName": "ORS 136.730", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.730", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.743 §432]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.743 §432]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.750", "name": "ORS 136.750", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.750", "sectionName": "ORS 136.750", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.750", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[1993 c.379 §1;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["153.805"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1993 c.379 §1; renumbered 153.805 in 1995]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.753", "name": "ORS 136.753", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.753", "sectionName": "ORS 136.753", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.753", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[1993 c.379 §2;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["153.808"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1993 c.379 §2; renumbered 153.808 in 1995]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.756", "name": "ORS 136.756", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.756", "sectionName": "ORS 136.756", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.756", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[1993 c.379 §3;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["153.810"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1993 c.379 §3; renumbered 153.810 in 1995] PROCEDURE TO RELY ON ENHANCEMENT FACT AT SENTENCING", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.760", "name": "ORS 136.760", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.760", "sectionName": "ORS 136.760", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.760", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Definitions for ORS 136.765 to 136.785. As used in ORS 136.765 to 136.785:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.765", "136.785", "131.005"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Definitions for ORS 136.765 to 136.785. As used in ORS 136.765 to 136.785: (1) “Accusatory instrument” has the meaning given that term in ORS 131.005. (2) “Enhancement fact” means a fact that is constitutionally required to be found by a jury in order to increase the sentence that may be imposed upon conviction of a crime. [2005 c.463 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "“Accusatory instrument” has the meaning given that term in ORS 131.005.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "“Enhancement fact” means a fact that is constitutionally required to be found by a jury in order to increase the sentence that may be imposed upon conviction of a crime. [2005 c.463 §1] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.765", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.765", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.765", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "to defendant. In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by:", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": [], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to defendant. In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by: (1) Pleading the enhancement fact in the accusatory instrument; or (2) Providing written notice to the defendant of the enhancement fact, and the state’s intention to rely on it, no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown. [2005 c.463 §2; 2011 c.267 §1] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "Pleading the enhancement fact in the accusatory instrument; or", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "Providing written notice to the defendant of the enhancement fact, and the state’s intention to rely on it, no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown. [2005 c.463 §2; 2011 c.267 §1] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.770", "name": "ORS 136.770", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.770", "sectionName": "ORS 136.770", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.770", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Enhancement fact related to offense.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding. (3) If there is more than one enhancement fact relating to the offense and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the offense to which the defendant does not admit. (4) If the court finds that trying an enhancement fact relating to the offense during the trial phase of the criminal proceeding would unfairly prejudice the jury"], "ors_citations": ["136.765"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Enhancement fact related to offense. (1) When an enhancement fact relates to an offense charged in the accusatory instrument, the court shall submit the enhancement fact to the jury during the trial phase of the criminal proceeding unless the defendant: (a) Defers trial of the enhancement fact under subsection (4) of this section; or (b) Makes a written waiver of the right to a jury trial on the enhancement fact and: (A) Admits to the enhancement fact; or (B) Elects to have the enhancement fact tried to the court. (2) If the defendant makes the election under subsection (1)(b)(B) of this section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding. (3) If there is more than one enhancement fact relating to the offense and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the offense to which the defendant does not admit. (4) If the court finds that trying an enhancement fact relating to the offense during the trial phase of the criminal proceeding would unfairly prejudice the jury’s verdict on an underlying offense, the court shall allow the defendant to defer trial of the enhancement fact to the sentencing phase of the proceeding without waiving the right to a jury trial on the enhancement fact. (5) If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section. [2005 c.463 §3] Note: See note under 136.765.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When an enhancement fact relates to an offense charged in the accusatory instrument, the court shall submit the enhancement fact to the jury during the trial phase of the criminal proceeding unless the defendant: (b)(B) of this section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Defers trial of the enhancement fact under subsection", "subsections": []}]}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "of this section; or If the court finds that trying an enhancement fact relating to the offense during the trial phase of the criminal proceeding would unfairly prejudice the jury’s verdict on an underlying offense, the court shall allow the defendant to defer trial of the enhancement fact to the sentencing phase of the proceeding without waiving the right to a jury trial on the enhancement fact.", "subsections": [{"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Makes a written waiver of the right to a jury trial on the enhancement fact and:", "subsections": [{"label": "(A)", "token": "A", "kind": "alpha_upper", "text": "Admits to the enhancement fact; or", "subsections": []}, {"label": "(B)", "token": "B", "kind": "alpha_upper", "text": "Elects to have the enhancement fact tried to the court.", "subsections": []}]}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the defendant makes the election under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If there is more than one enhancement fact relating to the offense and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the offense to which the defendant does not admit.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section. [2005 c.463 §3] Note: See note under 136.765.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.773", "name": "ORS 136.773", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.773", "sectionName": "ORS 136.773", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.773", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Enhancement fact related to defendant.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding. (3) If there is more than one enhancement fact relating to the defendant and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the defendant to which the defendant does not admit. (4) If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section. (5) Unless the defendant waives the right to a jury trial on enhancement facts related to the defendant, the sentencing phase shall be conducted in the trial court before the jury following a finding of guilt by the jury. If for any reason a juror is unable to perform the function of a juror, the court shall dismiss the juror from the sentencing phase and draw the name of one of the alternate jurors. The alternate juror then becomes a member of the jury for the sentencing phase notwithstanding the fact that the alternate juror did not deliberate on the issue of guilt. The court may retain alternate jurors and may allow the substitution of an alternate juror after the jury has begun deliberations in accordance with ORS 136.280"], "ors_citations": ["136.280", "136.765"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Enhancement fact related to defendant. (1) When an enhancement fact relates to the defendant, the court shall submit the enhancement fact to the jury during the sentencing phase of the criminal proceeding if the defendant is found guilty of an offense to which the enhancement fact applies unless the defendant makes a written waiver of the right to a jury trial on the enhancement fact and: (a) Admits to the enhancement fact; or (b) Elects to have the enhancement fact tried to the court. (2) If the defendant makes the election under subsection (1)(b) of this section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding. (3) If there is more than one enhancement fact relating to the defendant and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the defendant to which the defendant does not admit. (4) If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section. (5) Unless the defendant waives the right to a jury trial on enhancement facts related to the defendant, the sentencing phase shall be conducted in the trial court before the jury following a finding of guilt by the jury. If for any reason a juror is unable to perform the function of a juror, the court shall dismiss the juror from the sentencing phase and draw the name of one of the alternate jurors. The alternate juror then becomes a member of the jury for the sentencing phase notwithstanding the fact that the alternate juror did not deliberate on the issue of guilt. The court may retain alternate jurors and may allow the substitution of an alternate juror after the jury has begun deliberations in accordance with ORS 136.280. [2005 c.463 §4; 2017 c.359 §3] Note: See note under 136.765.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When an enhancement fact relates to the defendant, the court shall submit the enhancement fact to the jury during the sentencing phase of the criminal proceeding if the defendant is found guilty of an offense to which the enhancement fact applies unless the defendant makes a written waiver of the right to a jury trial on the enhancement fact and: (b) of this section and is found guilty during the trial phase of the criminal proceeding, the enhancement fact shall be tried during the sentencing phase of the proceeding.", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "Admits to the enhancement fact; or", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Elects to have the enhancement fact tried to the court.", "subsections": []}]}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "If the defendant makes the election under subsection", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "If there is more than one enhancement fact relating to the defendant and the defendant does not admit to all of them, the defendant shall elect to try to the jury or to the court all enhancement facts relating to the defendant to which the defendant does not admit.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "If two or more defendants are being tried in the same criminal proceeding, each defendant shall make the elections required by this section.", "subsections": []}, {"label": "(5)", "token": "5", "kind": "numeric", "text": "Unless the defendant waives the right to a jury trial on enhancement facts related to the defendant, the sentencing phase shall be conducted in the trial court before the jury following a finding of guilt by the jury. If for any reason a juror is unable to perform the function of a juror, the court shall dismiss the juror from the sentencing phase and draw the name of one of the alternate jurors. The alternate juror then becomes a member of the jury for the sentencing phase notwithstanding the fact that the alternate juror did not deliberate on the issue of guilt. The court may retain alternate jurors and may allow the substitution of an alternate juror after the jury has begun deliberations in accordance with ORS 136.280. [2005 c.463 §4; 2017 c.359 §3] Note: See note under 136.765.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.776", "name": "Effect", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.776", "sectionName": "Effect", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.776", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "of waiver of right to jury trial.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.765"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of waiver of right to jury trial. When a defendant waives the right to a jury trial on the issue of guilt or innocence, the waiver constitutes a written waiver of the right to a jury trial on all enhancement facts whether related to the offense or the defendant. [2005 c.463 §5] Note: See note under 136.765.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.780", "name": "ORS 136.780", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.780", "sectionName": "ORS 136.780", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.780", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "Evidence.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.765"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "Evidence. All evidence received during the trial phase of a criminal proceeding may be considered by the jury or, if the defendant waives the right to a jury trial, by the court during the sentencing phase of the proceeding. [2005 c.463 §6] Note: See note under 136.765.", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.785", "name": "Burden", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.785", "sectionName": "Burden", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.785", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "of proof; effect of finding.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.773", "136.765"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "of proof; effect of finding. (1) When an enhancement fact is tried to a jury, any question relating to the enhancement fact shall be submitted to the jury. (2) The state has the burden of proving an enhancement fact beyond a reasonable doubt. (3) An enhancement fact that is tried to a jury is not proven unless: (a) The number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime; and (b) Of the jurors who find that the state has met its burden of proof, at least the minimum number of jurors required by this subsection to prove an enhancement fact are also jurors who found the defendant guilty of the crime or alternate jurors as provided by ORS 136.773 (5). (4) An enhancement fact that is tried to the court is not proven unless the court finds that the state has met its burden of proof with regard to the enhancement fact. (5) A finding relating to an enhancement fact made by a jury during the trial or sentencing phase of a criminal proceeding may not be reexamined by the court. Notwithstanding the findings made by a jury relating to an enhancement fact, the court is not required to impose an enhanced sentence. [2005 c.463 §7; 2007 c.16 §3] Note: See note under 136.765.", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "When an enhancement fact is tried to a jury, any question relating to the enhancement fact shall be submitted to the jury.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "The state has the burden of proving an enhancement fact beyond a reasonable doubt.", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "An enhancement fact that is tried to a jury is not proven unless:", "subsections": [{"label": "(a)", "token": "a", "kind": "alpha_lower", "text": "The number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime; and", "subsections": []}, {"label": "(b)", "token": "b", "kind": "alpha_lower", "text": "Of the jurors who find that the state has met its burden of proof, at least the minimum number of jurors required by this subsection to prove an enhancement fact are also jurors who found the defendant guilty of the crime or alternate jurors as provided by ORS 136.773", "subsections": []}]}, {"label": "(5)", "token": "5", "kind": "numeric", "text": ". A finding relating to an enhancement fact made by a jury during the trial or sentencing phase of a criminal proceeding may not be reexamined by the court. Notwithstanding the findings made by a jury relating to an enhancement fact, the court is not required to impose an enhanced sentence. [2005 c.463 §7; 2007 c.16 §3] Note: See note under 136.765.", "subsections": []}, {"label": "(4)", "token": "4", "kind": "numeric", "text": "An enhancement fact that is tried to the court is not proven unless the court finds that the state has met its burden of proof with regard to the enhancement fact.", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.790", "name": "Notice", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.790", "sectionName": "Notice", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.790", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "to defendant upon remand. In order to rely on an enhancement fact, as defined in ORS 136.760, to increase the sentence that may be imposed upon remand of a case described in section 21", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": ["section 21 (3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state"], "ors_citations": ["136.760"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "to defendant upon remand. In order to rely on an enhancement fact, as defined in ORS 136.760, to increase the sentence that may be imposed upon remand of a case described in section 21 (3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state’s intention to rely on it. [2005 c.463 §22] Note:", "subsections": [{"label": "(3)", "token": "3", "kind": "numeric", "text": ", chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state’s intention to rely on it. [2005 c.463 §22] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.792", "name": "Jury", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.792", "sectionName": "Jury", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.792", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "upon remand.", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.760", "136.785"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "upon remand. (1) For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing for which a new sentence has not been imposed prior to July 7, 2005, the court may impanel a new jury to determine the enhancement facts as defined in ORS 136.760. Laws relating to impaneling a jury for a criminal trial apply to impaneling a jury under this section. (2) ORS 136.785 (3) does not apply to a case in which the court has impaneled a new jury under this section. In a case with a jury impaneled under this section, an enhancement fact is not proven unless the number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime. [2005 c.463 §23] Note:", "subsections": [{"label": "(1)", "token": "1", "kind": "numeric", "text": "For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing for which a new sentence has not been imposed prior to July 7, 2005, the court may impanel a new jury to determine the enhancement facts as defined in ORS 136.760. Laws relating to impaneling a jury for a criminal trial apply to impaneling a jury under this section.", "subsections": []}, {"label": "(2)", "token": "2", "kind": "numeric", "text": "ORS 136.785", "subsections": []}, {"label": "(3)", "token": "3", "kind": "numeric", "text": "does not apply to a case in which the court has impaneled a new jury under this section. In a case with a jury impaneled under this section, an enhancement fact is not proven unless the number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime. [2005 c.463 §23] Note:", "subsections": []}], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.810", "name": "ORS 136.810", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.810", "sectionName": "ORS 136.810", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.810", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §250;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.500"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §250; renumbered 136.500]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.820", "name": "ORS 136.820", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.820", "sectionName": "ORS 136.820", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.820", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Renumbered 136.505]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.505"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Renumbered 136.505]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.830", "name": "ORS 136.830", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.830", "sectionName": "ORS 136.830", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.830", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §251;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.515"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §251; renumbered 136.515]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.840", "name": "ORS 136.840", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.840", "sectionName": "ORS 136.840", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.840", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Amended by 1973 c.836 §252;", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.525"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Amended by 1973 c.836 §252; renumbered 136.525]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.850", "name": "ORS 136.850", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.850", "sectionName": "ORS 136.850", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.850", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[Repealed by 1971 c.565 §17 (136.851 enacted in lieu of 136.850)]", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.851", "136.850"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[Repealed by 1971 c.565 §17 (136.851 enacted in lieu of 136.850)]", "subsections": [], "parser_warnings": []}
+{"@context": {"@vocab": "https://schema.org/", "state": "https://www.usa.gov/states/or", "stateCode": "state:code", "sectionNumber": "state:sectionNumber", "sourceUrl": "state:sourceUrl"}, "@type": "Legislation", "@id": "urn:state:or:statute:ORS 136.851", "name": "ORS 136.851", "isPartOf": {"@type": "CreativeWork", "name": "Oregon Rules of Criminal Procedure", "identifier": "OR-136"}, "legislationType": "statute", "stateCode": "OR", "stateName": "Oregon", "titleNumber": "136", "titleName": "ORS Chapter 136", "chapterNumber": "136", "chapterName": null, "sectionNumber": "136.851", "sectionName": "ORS 136.851", "dateModified": null, "sourceUrl": "https://www.oregonlegislature.gov/bills_laws/ors/ors136.html#section-136.851", "chapter": {"chapter_label": "136", "chapter_name": "ORS Chapter 136", "chapter_inferred": true}, "preamble": "[1971 c.565 §18 (136.851 enacted in lieu of 136.850);", "citations": {"usc_citations": [], "public_laws": [], "statutes_at_large": [], "section_references": [], "ors_citations": ["136.851", "136.850", "136.535"], "session_laws": []}, "legislativeHistory": {"enactment_citation_blocks": [], "history_citations": []}, "text": "[1971 c.565 §18 (136.851 enacted in lieu of 136.850); 1973 c.836 §253; renumbered 136.535] _______________", "subsections": [], "parser_warnings": []}