Chapter 135 — Chapter 135
221 sections in this chapter.
ORS 135.240 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
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(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 n…
ORS 135.242 [2008 c.52 §1; 2021 c.591 §45; repealed by 2021 c.643 §7]
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[Repealed or reserved.]
ORS 135.245 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
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(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) o…
ORS 135.246 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
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(2) If a person who holds a registry identification card is released under ORS 135.230 to 135.290, any release conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as w…
ORS 135.247 Order 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
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(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 …
ORS 135.250 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
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(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…
ORS 135.252 [2016 c.24 §53f; repealed by 2019 c.292 §10]
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[Repealed or reserved.]
ORS 135.253 Waiver 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
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(2) A release agreement may not contain a provision prohibited by subsection (1) of this section. [2018 c.37 §4]
ORS 135.255 Release agreement. (1) The defendant shall not be released from custody unless the defendant files with the clerk of the court in which the magistrate is presiding a release agreement duly executed by the defendant containing the conditions ordered by the releasing magistrate or deposits security in the amount specified by the magistrate in accordance with ORS 135.230 to 135.290
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(2) A failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 or 162.205. (3) “Custody” for purposes of a release agreement does not include temporary custody under the citation procedures of ORS 133.055 to 133.076. [1973 c.836 §151]
ORS 135.260 Conditional release. (1) Conditional release may include one or more of the following conditions
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(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…
ORS 135.265 Security release. (1) If the defendant is not released on personal recognizance under ORS 135.255, or granted conditional release under ORS 135.260, or fails to agree to 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
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(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 t…
ORS 135.270 Taking 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
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(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.…
ORS 135.275 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
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(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.06…
ORS 135.280 Arrest 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
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(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 …
ORS 135.285 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]
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[Repealed or reserved.]
ORS 135.290 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
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(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]
ORS 135.295 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
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(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…
ORS 135.305 Types 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 135.420]
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[Repealed or reserved.]
ORS 135.310 [Renumbered 135.040]
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[Repealed or reserved.]
ORS 135.315 Types of pleading. The only pleadings on the part of the defendant are the demurrer and plea. [Formerly 135.430]
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[Repealed or reserved.]
ORS 135.320 [Amended by 1961 c.696 §2; 1967 c.475 §2; 1973 c.836 §134; renumbered 135.045]
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[Repealed or reserved.]
ORS 135.325 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]
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[Repealed or reserved.]
ORS 135.330 [Amended by 1961 c.698 §1; 1967 c.628 §1; 1971 c.677 §1; renumbered 135.055]
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(Plea)
ORS 135.335 Pleading by defendant; conditional pleas. (1) The kinds of plea to an indictment, information or complaint, or each count thereof, are
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(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 …
ORS 135.340 [Amended by 1973 c.836 §136; renumbered 135.060]
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[Repealed or reserved.]
ORS 135.345 Legal 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]
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[Repealed or reserved.]
ORS 135.350 [Amended by 1973 c.836 §137; renumbered 135.065]
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[Repealed or reserved.]
ORS 135.355 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
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(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 t…
ORS 135.360 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
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(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…
ORS 135.365 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]
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[Repealed or reserved.]
ORS 135.370 Not 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 135.860]
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[Repealed or reserved.]
ORS 135.375 Pleading to offenses in other counties. (1) As used in this section
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(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) …
ORS 135.380 Time 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
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(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 def…
ORS 135.385 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
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(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 …
ORS 135.390 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
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(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 att…
ORS 135.395 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]
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(Plea Discussions and Agreements)
ORS 135.405 Plea 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
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(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 eligibl…
ORS 135.406 [1997 c.313 §3; repealed by 2009 c.178 §35]
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[Repealed or reserved.]
ORS 135.407 Plea agreement must contain defendant’s criminal history classification; stipulations. In cases arising from felonies committed on or after November 1, 1989
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(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 exi…
ORS 135.410 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 135.415 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
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(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 …
ORS 135.418 Prohibited plea agreement provisions. (1) A prosecuting attorney may not condition a defendant’s plea offer on
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(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 u…
ORS 135.420 [Amended by 1973 c.836 §158; renumbered 135.305]
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[Repealed or reserved.]
ORS 135.425 Responsibilities 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
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(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]
ORS 135.430 [Renumbered 135.315]
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[Repealed or reserved.]
ORS 135.432 Judge involvement in plea discussions; responsibilities of trial judge. (1)(a) The trial judge may not participate in plea discussions, except
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(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) …
ORS 135.435 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
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(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 def…
ORS 135.440 [Repealed by 1973 c.836 §358]
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[Repealed or reserved.]
ORS 135.445 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
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(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]
ORS 135.450 [Renumbered 135.325]
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(Related Procedure)