14 chapters · 1,152 sections in this title.
ORS 133.763 Facts documents must show
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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 t…
ORS 133.767 Extradition of person not present in demanding state at time of commission of crime
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The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in ORS 133.763 with committing an act in this state, or in a third state, intentionally resulting in…
ORS 133.773 Governors warrant of arrest
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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 executi…
ORS 133.777 Execution of the warrant
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Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused…
ORS 133.783 Authority of arresting officer to command assistance
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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 again…
ORS 133.787 Rights of arrested person
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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 ch…
ORS 133.793 Penalty for disobedience to ORS 133.787
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Any officer who shall deliver to the agent for extradition of the demanding state a person in the custody of the officer under the Governors warrant in disobedience to ORS 133.787 commits a Class B misdemeanor. [Formerly 147.110]
ORS 133.797 Confinement of prisoner
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(1) The officer or person executing the Governors 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;…
ORS 133.803 Arrest prior to requisition
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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 133.767, with having fled from justice, or with ha…
ORS 133.805 Arrest without warrant
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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 wh…
ORS 133.807 Commitment to await arrest on requisition
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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 da…
ORS 133.809 Release
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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…
ORS 133.813 Proceedings in absence of arrest under executive warrant within specified time
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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 …
ORS 133.815 Forfeiture; recovery thereon
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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 t…
ORS 133.817 Persons under criminal prosecution in this state at time of requisition
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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 u…
ORS 133.823 When guilt of accused may be inquired into
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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 b…
ORS 133.825 Governor may recall warrant
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The Governor may recall the Governors warrant of arrest or may issue another warrant whenever the Governor deems proper. [Formerly 147.210]
ORS 133.827 Warrant to agent to return fugitive from this state
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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 Justi…
ORS 133.833 Application for requisition; filing and forwarding of papers
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(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 whi…
ORS 133.835 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
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(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 authori…
ORS 133.837 Appointment of agent to return fugitive from this state who waives extradition
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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 expense…
ORS 133.839 Immunity from civil process in certain civil cases
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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, …
ORS 133.843 Written waiver of extradition proceedings
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(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 a…
ORS 133.845 Nonwaiver by this state
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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 pe…
ORS 133.847 Trial of extradited person for other crimes
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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]
ORS 133.853 Construction of Act
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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]
ORS 133.855 Short title
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ORS 133.743 to 133.833 and 133.839 to 133.855 may be cited as the Uniform Criminal Extradition Act. [Formerly 147.280]
ORS 133.857 Payment of agents expenses
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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]
ORS 133.865 Arrest and Return Account
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(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 t…
ORS 133.870 Release of booking photo by law enforcement agency
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(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 depic…
ORS 133.875 Removal of booking photo from publication or website; liability
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(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…
ORS 133.992 Penalties
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(1) A person who maliciously and without probable cause causes a search warrant or a court order for interception to be issued and executed is guilty of a Class A misdemeanor. (2) A person who knowingly falsely certifies an information or complaint under ORS 133.015 (8) is guilty…