Chapter 206 — Chapter 206

ORS 206.010 General duties of sheriff. The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office of sheriff, it is the sheriff’s duty to

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ORS 206.015 Qualifications of sheriff; certification as police officer; determination of eligibility to be candidate for election to office of sheriff. (1) A person is not eligible to be a candidate for election or appointment to the office of sheriff unless

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ORS 206.020 [Amended by 1983 c.310 §1; repealed by 2013 c.34 §1]

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ORS 206.030 Duty to execute process and make return; taking concealed personal property; use of force. An officer to whom any process, order or paper is delivered shall execute or serve it according to its command or direction, or as required by law, and must make a written return of the execution or service thereof. If a sheriff is directed by a court to take personal property into custody at a specific premises, and the property is concealed in a building or enclosure, the sheriff shall demand its delivery. If delivery is not made, the sheriff shall use such reasonable force as is necessary to enter into the building or enclosure and take the property into possession. [Amended by 2003 c.304 §1]

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ORS 206.040 Execution of process and service of papers. When any process, order or paper is delivered to an officer, to be executed or served, the officer shall deliver to the person delivering it, if required, on payment of the fee, a written memorandum, specifying the names of the parties in the process, order or paper, the general nature thereof and the day on which it was received. The officer shall also, when required by law, or upon the request of the party served, without fee, deliver to the party a copy thereof

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ORS 206.050 Commanding assistance in process serving. (1) When an officer finds, or has reason to apprehend, that resistance will be made to the execution or service of any process, order or paper delivered to the officer for execution or service, and authorized by law, the officer may command as many adult inhabitants of the county of the officer as the officer may think proper and necessary to assist the officer in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law

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ORS 206.060 When sheriff justified in executing process. A sheriff is justified in the execution of process regular on its face, and appearing to have been issued by competent authority, whatever may be the defect in the proceedings in which it was issued

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ORS 206.070 Excusing liability of sheriff in execution of process. No direction or authority by a party or the attorney of the party to a sheriff or the officer of the sheriff, in respect to the execution of process or the return thereof, or to any act or omission relating thereto, can be shown to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing signed by the party to be charged or affected thereby or the attorney of the party

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ORS 206.080 Certificate of election or appointment to new sheriff; service on former sheriff. When a new sheriff is elected or appointed, and has qualified, the county clerk shall give the new sheriff a certificate of that fact, under the seal of office of the county clerk. Whenever thereafter the new sheriff is authorized by statute to enter upon the duties of the office, the new sheriff shall serve such certificate upon the former sheriff, from which time the powers of the former sheriff cease, except when otherwise specially provided

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ORS 206.090 Delivery of jail, prisoners and process to new sheriff. Within one day after the service of the certificate referred to in ORS 206.080 upon the former sheriff, the former sheriff shall deliver to the successor

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ORS 206.100 Written assignment of items delivered. The former sheriff shall also at the time referred to in ORS 206.090 deliver to the new sheriff a written assignment of the property, process, papers and prisoners delivered. The new sheriff shall thereupon acknowledge in writing, upon the assignment, the receipt of the property, process, papers and prisoners therein specified, furnish the former sheriff a certified copy thereof and file the original in the county clerk’s office

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ORS 206.110 Return of process by former sheriff; completion of execution of process by successor; duty of successor as to defective or lost deeds. (1) The former sheriff shall return all process, whether before or after judgment, which the former sheriff has fully executed, and the new sheriff and the successor in office shall complete the execution of all final process which the predecessor commenced and did not complete

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ORS 206.120 Disposition of money in custody when office vacant. When the official term of office of any sheriff ends by expiration of the term, death, resignation, removal from office or otherwise, the money in the custody of the sheriff by virtue of the office of the sheriff, belonging to the county or litigants, shall be turned over immediately to the successor in office, and duplicate itemized receipts therefor immediately shall be filed with the county treasurer

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ORS 206.130 [Renumbered 206.310]

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ORS 206.140 [Renumbered 206.320]

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ORS 206.150 [Renumbered 206.330]

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ORS 206.160 [Renumbered 206.340]

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ORS 206.170 [Repealed by 1963 c.331 §13]

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ORS 206.180 Location of sheriff’s office. The sheriff of each county shall keep an office in such room or building, at the place appointed by law for holding courts therein, as the county court may by order designate

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ORS 206.190 [Renumbered 206.350]

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ORS 206.210 Authority of sheriff over organization of office. Notwithstanding the provisions of ORS 241.016 to 241.990 or any other county civil service law or regulation, the sheriff may organize the work of the office of the sheriff so that

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ORS 206.220 [1963 c.331 §3; repealed by 1981 c.48 §8]

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ORS 206.230 [1963 c.331 §§4,6; repealed by 1981 c.48 §8]

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ORS 206.240 [1963 c.331 §5; repealed by 1981 c.48 §8]

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ORS 206.250 [1963 c.331 §7; repealed by 1981 c.48 §8]

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ORS 206.300 [1971 c.453 §1; repealed by 1975 c.780 §16]

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ORS 206.310 Service of papers on sheriff. Personal service of a paper upon the sheriff may be made by delivering it to a person belonging to and in the office during office hours, or if no such person is there, by leaving it in the office, or if the office is not open, by delivering it to the county clerk or the deputy of the county clerk, at the county clerk’s office. [Formerly 206.130]

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ORS 206.315 Expenses of sheriff in conveying convicts and persons with mental illness to state institutions. (1) A sheriff is entitled to receive from the county the actual and necessary expenses of the sheriff incurred in transporting and conveying convicts and parole violators to a Department of Corrections institution and persons with mental illness to a state mental hospital when conveyed by the sheriff in pursuance of the adjudication of an authorized tribunal of the state, to be audited and allowed as other claims against the county

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ORS 206.320 [Formerly 206.140; repealed by 2007 c.218 §6]

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ORS 206.325 Expenses of sheriff in caring for property in custody. A sheriff is entitled to claim from the plaintiff or moving party in any account, action or proceeding such reasonable sums of money as the sheriff may have been compelled to pay or incur in the care of property in the custody of the sheriff, under attachment, execution or proceedings for the claim and delivery of personal property. [Formerly 204.425]

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ORS 206.330 Sheriff entitled to rewards. The sheriff is entitled to demand and receive to the sheriff’s own use any reward offered in pursuance of law for the apprehension of any person charged with or suspected of crime, when the sheriff has earned the same by a compliance with such offer. [Formerly 206.150]

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ORS 206.340 [Formerly 206.160; repealed by 1981 c.808 §6]

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ORS 206.345 Authority to enter into intergovernmental contracts; authority under contract. (1) A sheriff shall have authority to enter into contracts, jointly with the governing body of the county, on behalf of the county, as provided in ORS 190.010

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ORS 206.350 [Formerly 206.190; repealed by 1979 c.492 §1]

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ORS 206.355 Unauthorized use of uniform prohibited. No person other than a county sheriff, person designated by a county sheriff, or regularly salaried sheriff’s deputy shall wear, use, copy or imitate in any manner the uniform of that county sheriff. [1979 c.492 §2]

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ORS 206.360 [1967 c.258 §§1,2,3,4; repealed by 1979 c.492 §1]

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ORS 206.990 [Repealed by 1979 c.492 §1]

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ORS 206.991 Penalties. Violation of ORS 206.355 is a Class A misdemeanor. [1979 c.492 §3]

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