Chapter 133 — Chapter 133
199 sections in this chapter.
ORS 133.005 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
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(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 …
ORS 133.007 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
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(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 co…
ORS 133.010 [Amended by 1965 c.508 §1; repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.015 Contents of information or complaint. An information or complaint shall contain substantially the following
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(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 stat…
ORS 133.020 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
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[Repealed or reserved.]
ORS 133.030 Who are magistrates. The following persons are magistrates
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(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]
ORS 133.033 Peace officer; community caretaking functions. (1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions
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(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 prem…
ORS 133.035 Ex 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
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(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 or…
ORS 133.037 [1971 c.743 §289; 1973 c.836 §33; renumbered 131.655]
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[Repealed or reserved.]
ORS 133.040 [Repealed by 1965 c.508 §8]
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[Repealed or reserved.]
ORS 133.042 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
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(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 prog…
ORS 133.045 [1969 c.244 §1; 1973 c.836 §65; 1974 c.42 §1; repealed by 1999 c.1051 §72]
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[Repealed or reserved.]
ORS 133.050 [Repealed by 1959 c.426 §1]
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CRIMINAL CITATIONS
ORS 133.055 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
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(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 belie…
ORS 133.060 Cited 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
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(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) Notwiths…
ORS 133.065 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]
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[Repealed or reserved.]
ORS 133.066 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 133.069
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(2) A criminal citation may be issued with a complaint only if a procedure for the issuance of a citation with a complaint has been authorized by the district attorney for the county in which the crime is alleged to have been committed. (3) A complaint or information may be filed…
ORS 133.067 [1991 c.824 §2; 1995 c.292 §2; repealed by 1999 c.1051 §72]
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[Repealed or reserved.]
ORS 133.068 Contents of criminal citation issued without complaint. A criminal citation issued without a form of complaint must contain
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(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 n…
ORS 133.069 Contents of criminal citation issued with complaint; nonconformance. (1) A criminal citation issued with a form of complaint must contain
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(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 …
ORS 133.070 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
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(2) Any criminal citation issued under this section must meet the requirements of ORS 133.055 to 133.076. (3) The person cited shall appear before the court in which the person’s appearance is required at the time, date and court specified in the criminal citation. If the person …
ORS 133.072 [1983 c.661 §10; repealed by 1999 c.1051 §72]
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[Repealed or reserved.]
ORS 133.073 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
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(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…
ORS 133.075 [1969 c.244 §9; 1973 c.836 §66; 1983 c.661 §3; repealed by 1999 c.1051 §63 (133.076 enacted in lieu of 133.075)]
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[Repealed or reserved.]
ORS 133.076 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
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(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.105…
ORS 133.077 [1991 c.592 §2; repealed by 1999 c.1051 §72]
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[Repealed or reserved.]
ORS 133.080 [1969 c.244 §7; 1971 c.404 §5; 1975 c.451 §172; 1979 c.477 §2; 1983 c.338 §886; repealed by 1999 c.1051 §72]
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[Repealed or reserved.]
ORS 133.100 [1971 c.404 §1; 1973 c.836 §67; repealed by 1999 c.1051 §72]
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WARRANT OF ARREST
ORS 133.110 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]
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[Repealed or reserved.]
ORS 133.120 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
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(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…
ORS 133.130 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.140 Content and form of warrant. A warrant of arrest shall
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(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 issue…
ORS 133.150 [Repealed by 1961 c.443 §3]
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[Repealed or reserved.]
ORS 133.160 [Amended by 1959 c.664 §28; repealed by 1961 c.443 §3]
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[Repealed or reserved.]
ORS 133.170 [Amended by 1961 c.443 §2; repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.210 [Repealed by 1973 c.836 §358]
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ARREST
ORS 133.220 Who may make arrest. An arrest may be effected by
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(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 supervi…
ORS 133.225 Arrest 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
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(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]
ORS 133.230 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 133.235 Arrest by peace officer; procedure. (1) A peace officer may arrest a person for a crime at any hour of any day or night
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(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 o…
ORS 133.239 Arrest 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
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(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…
ORS 133.240 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.245 Arrest by federal officer; procedure. (1) A federal officer may arrest a person
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(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) Wh…
ORS 133.250 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.260 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.270 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.280 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 133.290 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.300 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 133.310 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
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(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 p…