Title 14, Procedure in Criminal Matters Generally

The foreman of the grand jury or, in the absence of the foreman, any other grand juror shall administer an oath to any witness appearing before the grand jury. [Amended by 1973 c.836 §40]

After the formation of the grand jury and before it is discharged, the court may: (1) Discharge a grand juror who: (a) Becomes sick, is out of the county or fails to appear when the grand jury is summoned to reconvene; (b) Is related, by affinity or consanguinity within the third…

When the jury service term is completed the grand jury must be discharged by the court; but the judge may, by an order made either in open court or at chambers anywhere in the judicial district and entered of record, stating the reasons, continue the grand jury in session for suc…

A grand juror cannot be questioned for anything the grand juror says or any vote the grand juror gives, while acting as such, relative to any matter legally pending before the grand jury, except for a perjury or false swearing of which the grand juror may have been guilty in givi…

A member of a grand jury may be required by any court to disclose: (1) The testimony of a witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness before the court. (2) The testimony given before such grand ju…

(1)(a) The district attorney of a county shall ensure that proceedings before the grand jury are recorded in the manner described in this section and ORS 132.260. (b) The Chief Justice of the Supreme Court shall designate the types of audio electronic recording devices suitable f…

(1) Except as provided in subsection (2) of this section, the grand juror described in ORS 132.250 (2)(a), or the shorthand reporter described in ORS 132.250 (2)(b), who is recording grand jury proceedings shall record all testimony given before the grand jury, including: (a) The…

(1) Audio recordings and the notes or report of a shorthand reporter produced pursuant to ORS 132.250 and 132.260 are confidential and may not be released except as described in this section. (2) When an indictment resulting from grand jury proceedings is indorsed “a true bill,” …

The grand jury shall retire into a private room and may inquire into crimes committed or triable in the county and present them to the court, either by presentment or indictment, as provided in ORS 132.310 to 132.390. [Amended by 1973 c.836 §45]

(1) Except as provided in subsections (2) to (13) of this section, in the investigation of a charge for the purpose of indictment, the grand jury shall receive no other evidence than such as might be given on the trial of the person charged with the crime in question. (2) A repor…

The district attorney may submit an indictment to the grand jury in any case when the district attorney has good reason to believe that a crime has been committed which is triable within the county. [Amended by 1973 c.836 §47]

The district attorney, when required by the grand jury, must prepare indictments or presentments for it and attend its sittings to advise it in relation to its duties or to examine witnesses in its presence.

(1) If a grand juror knows or has reason to believe that a crime which is triable in the county has been committed, the grand juror shall disclose the same to the fellow jurors, who may thereupon investigate the same. (2) An indictment or presentment must not be found upon the st…

A grand jury may indict or present facts to the court for instruction as provided in ORS 132.370, with the concurrence of five of its members, if at least five jurors voting for indictment or presentment heard all the testimony relating to the person indicted or facts presented. …

(1) When the grand jury is in doubt whether the facts, as shown by the evidence before it, constitute a crime in law or whether the same has ceased to be punishable by reason of lapse of time or a former acquittal or conviction, it may make a presentment of the facts to the court…

The grand jury may indict a person for a crime when it believes the person guilty thereof, whether such person has been held to answer for such crime or not. [Amended by 1973 c.836 §50]

The grand jury may find an indictment when all the evidence before it, taken together, is such as in its judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury. [Amended by 1973 c.836 §51]

An indictment, when found, shall be indorsed “a true bill,” and such indorsement signed by the foreman of the jury.

An indictment, when found and indorsed, as provided in ORS 132.400 and 132.580, shall be filed with the clerk of the court, in whose office it shall remain as a public record. Upon being designated by the district attorney as confidential and until after the arrest of a defendant…

No grand juror, reporter or other person except the district attorney or a peace officer in the exercise of duties in effecting an arrest shall disclose any fact concerning any indictment while it is not subject to public inspection. [Amended by 1973 c.836 §53]

(1) When a person has been held to answer a criminal charge and the indictment in relation thereto is not found “a true bill,” the indictment must be indorsed “not a true bill,” which indorsement must be signed by the foreman and filed with the clerk of the court, in whose office…

(1) At least once yearly, a grand jury shall inquire into the condition and management of every correctional facility and youth correction facility as defined in ORS 162.135 in the county. (2) The grand jury is entitled to free access at all reasonable times to such correctional …

The forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by the statutes relating to criminal procedure. [Amended by 1973 c.836 §56]

(1) The indictment is sufficient if it can be understood therefrom that: (a) The defendant is named, or if the name of the defendant cannot be discovered, that the defendant is described by a fictitious name, with the statement that the real name of the defendant is to the jury u…

The indictment shall contain substantially the following: (1) The name of the circuit court in which it is filed; (2) The title of the action; (3) A statement that the grand jury accuses the defendant or defendants of the designated offense or offenses; (4) A separate accusation …

(1) When a person is charged with a crime committed on or after November 1, 1989, that includes subcategories under the rules of the Oregon Criminal Justice Commission, the state is required to plead specially in the indictment, in addition to the elements of the crime, any subca…

(1) A charging instrument must charge but one offense, and in one form only, except that: (a) Where the offense may be committed by the use of different means, the charging instrument may allege the means in the alternative. (b) Two or more offenses may be charged in the same cha…

(1) Except as provided in subsection (2) of this section, when an indictment is found, the names of the witnesses examined before the grand jury that returned the indictment, either by testimony in the presence of the grand jury, by affidavit, by means of simultaneous television …

(1) As used in this section, “domestic violence” has the meaning given that term in ORS 135.230. (2) When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime. When a crime is…

Violation of ORS 132.420 or the prohibitions of ORS 132.410 is punishable as contempt. _______________

As used in ORS 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise: (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 autho…

(1) An information or complaint is sufficient if it can be understood therefrom that: (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 unkno…

An information or complaint shall contain substantially the following: (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 a…

A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.

The following persons are magistrates: (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.65…

(1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions. (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 prot…

(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: (…

(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 …

(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 c…

(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 th…

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.10…

(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…

A criminal citation issued without a form of complaint must contain: (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 o…

(1) A criminal citation issued with a form of complaint must contain: (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 …

(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 offic…

(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 c…

(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: (a) Make an appearance in the manner required by ORS …

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 o…

(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…

A warrant of arrest shall: (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…