Title 14, Procedure in Criminal Matters Generally

Upon being apprised of any breach of the duty imposed by the provisions of ORS 135.805 to 135.873 and 135.970, the court may order the violating party to permit inspection of the material, or grant a continuance, or refuse to permit the witness to testify, or refuse to receive in…

(1) As used in this section: (a) “Local government” has the meaning given that term in ORS 174.116. (b) “Sexual offense” includes but is not limited to a sex crime as defined in ORS 163A.005. (c) “State government” has the meaning given that term in ORS 174.111. (d) “Victim” has …

As used in ORS 135.881 to 135.901: (1) “District attorney” has the meaning given that term in ORS 131.005. (2) “Diversion” means referral of a defendant in a criminal case to a supervised performance program prior to adjudication. (3) “Diversion agreement” means the specification…

(1) After an accusatory instrument has been filed charging a defendant with commission of a crime other than driving while under the influence of intoxicants as defined in ORS 813.010, and after the district attorney has considered the factors listed in subsection (2) of this sec…

(1) A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speed…

(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. (2) For a person who holds a registry identification card who i…

(1) If the district attorney elects to offer diversion in lieu of further criminal proceedings and the defendant, with the advice of counsel, agrees to the terms of the proposed agreement, including a waiver of the right to a speedy trial, the court shall stay further criminal pr…

When a diversion agreement authorized under ORS 135.886 (3) involves domestic violence as defined in ORS 135.230, in addition to a waiver of the right to a speedy trial, the agreement must require the servicemember to enter a plea of guilty or no contest to each domestic violence…

(1) If the district attorney finds at the termination of the diversion period or any time prior thereto that the divertee has failed to fulfill the terms of the diversion agreement, the district attorney shall terminate diversion and the court shall resume criminal proceedings. H…

(1) As used in this section, “bad check diversion program” means a program established under subsection (2) of this section. (2) A district attorney may establish a bad check diversion program within the office of the district attorney. (3) If a district attorney has established …

To effectuate the purposes set out in ORS 135.942, each local public safety coordinating council established under ORS 423.560: (1) Shall establish early disposition programs for first-time offenders who have committed a nonperson offense and for persons charged with probation vi…

The purposes of an early disposition program are to: (1) Hold offenders accountable for their actions; (2) Ensure a prompt resolution of criminal matters; (3) Protect the rights of the public and the offender; (4) Maximize use of community resources to provide alternative sanctio…

An early disposition program established under ORS 135.941 must provide, but need not be limited to, the following: (1) Written criteria for eligibility to participate in the program. (2) Victim notification and appearance. (3) A process to ensure legal representation and provisi…

(1)(a) A district attorney may provide an offer and agreed disposition recommendation under an early disposition program established under ORS 135.941 to a probationer at the time of the first appearance of the probationer in court for a probation violation. (b) Unless extended b…

Nothing in ORS 135.941, 135.942, 135.943 and 135.948 or in the amendments to ORS 135.380, 135.385, 135.390 and 135.405 by sections 10 to 13, chapter 635, Oregon Laws 2001, prevents the implementation or continuation of an early disposition program other than one established under…

(1) Law enforcement agencies, city attorneys and district attorneys may consider the availability and likely effectiveness of mediation in determining whether to process and prosecute criminal charges. If it appears that mediation is in the interests of justice and of benefit to …

(1) A defendant may participate in mediation as part of a diversion agreement under ORS 135.881 to 135.901. (2) A court, including, but not limited to, a justice court, may: (a) Authorize, in a pretrial release order, contact between a defendant and a victim as part of mediation …

(1) Law enforcement agencies, district attorneys and city attorneys may inform: (a) The victim of a crime of: (A) Any mediation opportunities that may be available to the victim in the victim’s community, within or as an alternative to the criminal justice system; and (B) How to …

The provisions of ORS 36.220 to 36.238 do not apply to a mediation conducted under ORS 135.951 or 135.953 unless the parties to the mediation enter into a written agreement for confidentiality of the mediation. If the parties enter into a written agreement for confidentiality of …

A law enforcement agency, city attorney, district attorney, county juvenile department or court may contract with dispute resolution programs to provide mediation services under ORS 135.951 or 135.953. The programs must meet the standards for dispute resolution programs establish…

(1) If the victim or a witness requests, the court shall order that the victim’s or witness’s address and phone number not be given to the defendant unless good cause is shown to the court. (2) If contacted by the defense or any agent of the defense, the victim must be clearly in…

(1) As used in this section, “treatment court” has the meaning given that term in ORS 137.680. (2) An individual may not be denied entry into a treatment court in this state solely for the reason that the individual is taking, or intends to take, medication prescribed by a licens…

(1) The Director of the Department of Corrections shall maintain a directory of public and private rehabilitative programs known and available to corrections agencies of the state and of each county. For purposes of this subsection, “rehabilitative program” means a planned activi…

(1) The court may not inquire into a defendant’s immigration status, and may not require a defendant to disclose the defendant’s immigration status, at any time during a criminal proceeding. (2) Subsection (1) of this section does not prohibit a defendant from knowingly and volun…

(1) As used in this section, “servicemember” means a person who is a member, or who served as a member, of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard. (2) At the time of arraignment on a criminal ch…

Violation of ORS 135.155 is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant. [Formerly 133.990] _______________

(1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury. (2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defend…

(1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging …

An issue of fact arises upon a plea of not guilty. [Amended by 1973 c.836 §223]

An issue of law shall be tried by the judge of the court and an issue of fact by a jury of the county in which the action is triable. [Amended by 1973 c.836 §224]

(1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person. (2) Notwithstanding the provisions of subsection (1) of this section, if the charge i…

When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as to the degree of which the defendant is guilty, the defendant can be convicted of the lowest of those degrees only.

(1) Jointly charged defendants shall be tried jointly unless the court concludes before trial that it is clearly inappropriate to do so and orders that a defendant be tried separately. In reaching its conclusion the court shall strongly consider the victim’s interest in a joint t…

When a case is at issue upon a question of fact and before the same is called for trial, the court may, upon sufficient cause shown by the affidavit of the defendant or the statement of the district attorney, direct the trial to be postponed for a reasonable period of time. [Amen…

When an application is made for the postponement of a trial, the court may in its discretion require as a condition precedent to granting the same that the party applying therefor consent that the deposition of a witness may be taken and read on the trial of the case. Unless such…

When the consent mentioned in ORS 136.080 is given, the court shall make an order appointing some proper time and place for taking the deposition of the witness, either by the judge thereof or before some suitable person to be named therein as commissioner and upon either written…

Upon the making of the order provided in ORS 136.090, the deposition shall be taken and filed in court and may be read on the trial of the case in like manner and with like effect and subject to the same objections as in civil cases.

When a defendant who has been released appears for trial, the court may in its discretion at any time after such appearance order the defendant to be committed to actual custody to abide the judgment or further order of the court; and the defendant shall be committed and held in …

(1) If the defendant appears at the time set for trial and the prosecuting attorney is not ready and does not show sufficient cause for postponing the trial, the court shall dismiss the accusatory instrument unless the court determines that dismissal is not in the public interest…

When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration. The court shall inquire of the district attorney as to whether the victim has been informed of the prospective date and whether tha…

(1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 to 136.250, in the same manner provided by ORCP 57 B…

A challenge for implied bias shall be allowed for any of the following causes and for no other: (1) Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant. …

(1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and…

If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken to any juror before the jury is completed and sworn, notwithstanding the juror challenged may have been theretofore accepted.

All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried togethe…

(1)(a) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as “alternate jurors.” The court may call: (A) One to six additional jurors if the person is charged with a felony; and (B) One to three addi…

Alternate jurors shall take the same oath and shall be subject to the same laws, orders and rules, including any order preventing the separation of the jury during the trial, shall be seated near the other jurors in the case, with equal opportunity and facilities for seeing and h…

(1) If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case. The court shall draw the name of an alternate juror, who shall then become a member of…

The court shall endeavor to schedule trial dates for defendants in custody before defendants who have been released pending trial, subject however to rights of all defendants to be tried without unreasonable delay. [1971 c.323 §2]

(1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendan…