Title 14, Procedure in Criminal Matters Generally

As used in ORS 147.500 to 147.550: (1) “Authorized prosecuting attorney” means a prosecuting attorney who, at the request of a victim, has agreed to assert and enforce a right granted to the victim by section 42 or 43, Article I of the Oregon Constitution. (2) “Claim” means the a…

(1) A victim may assert a claim under ORS 147.500 to 147.550 personally, through an attorney or through an authorized prosecuting attorney. (2) If the defendant or victim is represented by counsel, counsel for the defendant or victim shall be served or notified in lieu of service…

(1) ORS 147.500 to 147.550 effectuate the provisions of sections 42 and 43, Article I of the Oregon Constitution, for violations that occur in criminal proceedings and do not provide a remedy for violations that occur in any other proceeding. A remedy for a violation of section 4…

(1) At the request of a victim, the prosecuting attorney may request that the court schedule a hearing to reconsider a release decision if: (a) The victim did not have notice of, or an opportunity to be heard at, a hearing in which the court released the defendant from custody or…

(1) This section does not apply: (a) In a juvenile delinquency proceeding; or (b) In a criminal case in which no person has been determined to be the victim of the crime. (2) At the beginning of each critical stage of the proceeding: (a) The prosecuting attorney shall inform the …

(1) Notwithstanding ORS 147.510, at the beginning of each judicial settlement conference, plea hearing or sentencing hearing, the prosecuting attorney shall inform the court whether the victim is present. If the victim is not present and the case involves a defendant charged with…

(1) A victim who wishes to allege a violation of a right granted to the victim in a criminal proceeding by Article I, section 42 or 43, of the Oregon Constitution, shall inform the court within 30 days of the date the victim knew or reasonably should have known of the facts suppo…

(1)(a) Except as provided in subsection (3) of this section, the victim or the prosecuting attorney shall provide notice of a claim asserted by the victim to any person the victim wishes to have bound by an order granting relief by providing the person with a copy of the order to…

(1) If a response to the order to show cause issued under ORS 147.517 is not timely filed, the court shall: (a) Make factual findings supported by the record; and (b) Determine whether the factual findings constitute a violation of a right granted to the victim by section 42 or 4…

(1) A victim or prosecuting attorney who seeks a determination of an issue involving a right granted by section 42 or 43, Article I of the Oregon Constitution, that will impact the conduct of the trial shall file a motion within 35 days of the arraignment, or of the defendant’s e…

(1) Pending the hearing described in ORS 147.530, the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522. All other matters in the c…

(1) A hearing on a claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section. (2) At the hearing, the court may receive evidence relevant to the claim or motion. (3) As to a particular fact at issue, the c…

(1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested: (a) By a victim who had notice of a related claim and did neither of the following: (A) File a response under ORS 147.517 (4); or (B) Participate in a hearing under ORS 147.530; or (b) By any person a…

(1)(a) Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS 147.515, 147.520 or 147.530 shall be solely as provided in this section and ORS 147.537, 147.539 and 147.542. (b) A defendan…

(1) Appellate review of an order described in ORS 147.535 (4)(a) must be initiated by filing a notice of interlocutory appeal with the Supreme Court substantially in the form prescribed by rule of the Supreme Court. Review of the order is a matter of right. (2) The person or part…

Appellate review of an order described in ORS 147.535 (4)(b) shall be as provided in ORS 147.537, except that: (1) The Supreme Court’s jurisdiction is discretionary. The court may by rule prescribe the criteria the court will use to decide whether to grant review. The initiating …

(1) The trial court shall stay for a period of 21 days all matters that directly impact, or are directly impacted by, the order on appeal: (a) Upon receipt of a notice of interlocutory appeal under ORS 147.537; or (b) Upon the issuance of an order granting review under ORS 147.53…

(1)(a) Prior to the Attorney General’s first appearance in an appellate court proceeding in which the State of Oregon is a party and to which Article I, section 42 or 43, of the Oregon Constitution, applies, the Attorney General shall determine whether the Department of Justice h…

(1) The Chief Justice of the Supreme Court may, by rule or order, establish requirements and procedures necessary to comply with the provisions of ORS 147.500 to 147.550. (2) The Chief Justice of the Supreme Court shall prescribe the forms described in ORS 147.510 (4) and 147.515…

(1) There is created the Task Force on Victims’ Rights Enforcement consisting of the Attorney General and at least nine members appointed as follows: (a) The Attorney General shall appoint: (A) Two members employed by or associated with a group advocating for the rights of victim…

(1) The Attorney General may adopt rules to establish a nonjudicial process, independent of the process established in ORS 147.500 to 147.550 and applicable to agencies in the executive branch of state government, district attorneys, juvenile departments and local law enforcement…

(1) As used in this section: (a) “Certified advocate” means a person who: (A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and (B) Is an employee or a volunteer of a…

As used in ORS 147.607 and 147.610: (1) “Offender” means a person who has engaged in the commission of a crime. (2) “Participant” means a person who is a crime victim, survivor or offender. (3) “Restorative justice communication” means: (a) All communications, written and oral th…

The Legislative Assembly finds and declares that: (1) Restorative justice programs can promote justice and healing for crime victims and survivors. (2) A facilitated dialogue is most successful when it is conducted in a manner that fosters the participants’ maximum openness about…

(1) Except as provided in this section, restorative justice communications are confidential, exempt from public disclosure and: (a) May not be used or disclosed by any restorative justice program staff members, facilitators, participants or any community members or persons who pr…

(1) As used in this section: (a) “Certifying agency” means: (A) A state or local law enforcement agency; (B) A prosecutor’s or district attorney’s office; (C) The Judicial Department, with respect to a judge of a state court acting as a certifying official; (D) A judge other than…

(1) The governing body of a county, on behalf of the county, may contract with an attorney, group of attorneys or full-time not-for-profit public defender organization for the provision by the attorney, group of attorneys or organization of services as counsel for financially eli…

For purposes of ORS 151.211 to 151.223: (1) “Appointed counsel” includes trial-level and appellate attorneys who are employees of the Oregon Public Defense Commission, attorneys employed by a nonprofit public defense organization and attorneys on the panel of qualified counsel de…

(1) The Oregon Public Defense Commission is established in the executive branch of state government. (2)(a) Nine voting members and four nonvoting members shall be appointed to the commission by the Governor as follows: (A) The Governor shall appoint: (i) One voting member who ha…

(1) The Oregon Public Defense Commission shall: (a) Establish and maintain a public defense system that ensures the provision of public defense services consistent with the Oregon Constitution, the United States Constitution and Oregon and national standards of justice. (b) Adopt…

(1) The executive director of the Oregon Public Defense Commission shall: (a) Designate a deputy director of the commission who serves at the pleasure of the executive director. (b) Hire necessary staff for the commission. (c) Recommend to the commission how to establish and main…

Officers and employees of the Oregon Public Defense Commission are state officers or employees in the exempt service and are not subject to ORS chapter 240. [2003 c.449 §17; 2023 c.281 §5] Note: See note under 151.211.

(1) The Oregon Public Defense Commission may enter into a contract with an entity that subcontracts with other entities or persons for the provision of public defense services only if the entity operates in accordance with standards and requirements established by the commission …

(1) The Public Defense Services Account is established in the State Treasury, separate and distinct from the General Fund. The Public Defense Services Account is continuously appropriated to the Oregon Public Defense Commission for: (a) Administration and support of the public de…

(1) The Oregon Public Defense Commission Lawyer Trust Account is established as a trust account in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust account shall be credited to the trust account. All moneys in the trust account are app…

(1) The Oregon Department of Administrative Services shall issue state public defense population forecasts including, but not limited to, expected populations of adults and juveniles eligible for appointed counsel, to be used by: (a) The Oregon Public Defense Commission, in prepa…

(1) For purposes of determining the financial eligibility for appointed counsel of persons with a constitutional or statutory right to counsel in matters before the state courts and whose counsel is authorized to be paid by the executive director of the Oregon Public Defense Comm…

(1) If in determining that a person is financially eligible for appointed counsel under ORS 151.485, the court finds that the person has financial resources that enable the person to pay in full or in part the administrative costs of determining the eligibility of the person and …

For the purpose of aiding courts in making determinations of financial eligibility for appointed counsel at state expense under ORS 151.485 and 151.487, the State Court Administrator may locate eligibility verification and screening personnel or otherwise arrange for such service…

(1) State courts or authorized designees who conduct the verification of the financial statement submitted by a person seeking or having appointed counsel payable at state expense under ORS 151.216 and 151.219 may require the person to execute and deliver any written requests or …

(1) Notwithstanding any other provision of law, any state agency as defined in ORS 192.311 that receives a request for release of information from the state courts for the purpose of verifying the financial eligibility of a person under ORS 151.485 to 151.497 shall release all re…

(1) All information supplied by a person seeking appointed counsel and all information collected by the state courts for purposes of determining financial eligibility for appointed counsel under ORS 151.485 to 151.497 is confidential and shall not be used for any purpose other th…

As used in ORS 151.485 to 151.497 unless the context requires otherwise, “counsel” includes a legal advisor appointed under ORS 135.045. [2001 c.472 §10] MISCELLANEOUS

(1) At the conclusion of a case or matter in which the first accusatory instrument or petition in the trial court was filed after January 1, 1998, and in which the court appointed counsel to represent a person, a trial, appellate or post-conviction court may include in its judgme…

As used in this chapter: (1) “Enforcement officer” means: (a) A member of the Oregon State Police. (b) A sheriff or deputy sheriff. (c) A city marshal or a member of the police of a city, municipal or quasi-municipal corporation. (d) A police officer commissioned by a university …

(1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply: (a) The offense is designated as a violation in the statute defining the offense. (b) The statute prescribing the penalty for the offense provides that the offense i…