Title 14, Procedure in Criminal Matters Generally

As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise: (1) “Accusatory instrument” means a grand jury indictment, an information or a complaint. (2) “Bench warrant” means a process of a cour…

As used in ORS 40.385, 135.230, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, “victim” means the person or persons who have suffered financial, social, psychological or physic…

(1) The provisions of chapter 836, Oregon Laws 1973, apply to: (a) All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and (b) All matters of criminal procedure prescribed…

Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]

No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 §4]

A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent t…

(1) As used in this section: (a) “Criminal proceeding” has the meaning given that term in ORS 131.005. (b) “Parties” means the State of Oregon and the person being prosecuted. (c) “Simultaneous electronic transmission” means television, telephone or any other form of electronic c…

A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 §5]

(1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to c…

A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 §7]

(1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed. (2) Except as provided in ORS 131.155, the period of limitation does not run during: (a) Any time when the accused is not an inhabitant of or usually resident within this state; or …

Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 §9] JURISDICTION

As used in ORS 131.205 to 131.235, “this state” means the land and water and the airspace above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 §13]

Except as otherwise provided in ORS 131.205 to 131.235, a person is subject to prosecution under the laws of this state for an offense that the person commits by the conduct of the person or the conduct of another for which the person is criminally liable if: (1) Either the condu…

(1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS 131.215 (1) does not apply if: (a) Either causing a specified result or an intent to cause or danger of causing that res…

(1) If the offense committed is criminal homicide, either the death of the victim or the conduct causing death constitutes a “result” within the meaning of ORS 131.215 (1). (2) If the body, or a part thereof, of a criminal homicide victim is found within this state, it shall be p…

(1) Except as otherwise provided in ORS 131.305 to 131.415, criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred. (2) All objections of improper place of trial are waiv…

(1) If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned. (2) If a cause of death is inflicted on a person in one county and the person dies t…

If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has …

In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 §17]

A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact. [1973 c.836 §18]

The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and i…

For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 §20]

When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 §21; 2017 c.252 §13]

The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 §22; 2017 c.252 §14]

(1) The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are no…

(1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without pe…

When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of …

As used in ORS 131.505 to 131.525, unless the context requires otherwise: (1) “Conduct” and “offense” have the meaning provided for those terms in ORS 161.085 and 161.505. (2) When the same conduct or criminal episode violates two or more statutory provisions, each such violation…

Except as provided in ORS 131.525 and 131.535: (1) No person shall be prosecuted twice for the same offense. (2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate…

(1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances: (a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or oth…

The following proceedings will not constitute an acquittal of the same offense: (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or (2) If the accusatory instrument was: (a) Dismissed upon a demurrer to its f…

As used in ORS 131.550 to 131.600: (1) “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. Fo…

(1) The Legislative Assembly finds that: (a) Prohibited conduct is undertaken in the course of activities that result in, and are facilitated by, the acquisition, possession or transfer of property subject to criminal forfeiture under ORS 131.550 to 131.600; (b) Transactions invo…

Subject to ORS 131.550 to 131.600, all right, title and interest in property forfeited under ORS 131.550 to 131.600 vest in the seizing agency upon commission of the prohibited conduct. [2005 c.830 §3]

The following are subject to criminal forfeiture: (1) All controlled substances that have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct; (2) All raw materials, products and equipment of any kind that are used, or intended for…

(1) A person who delivers property in obedience to an order or direction to deliver the property under this section is not liable: (a) To any person on account of obedience to the order or direction; or (b) For any costs incurred on account of any contamination of the delivered p…

(1)(a) Except as otherwise provided in ORS 131.550 to 131.600, property seized for criminal forfeiture is not subject to replevin, conveyance, sequestration or attachment. The seizure of property or the commencement of a criminal forfeiture proceeding under ORS 131.550 to 131.600…

(1) When a seizing agency lawfully seizes a motor vehicle with a hidden compartment, the agency shall disable the hidden compartment, unless the motor vehicle is forfeited and the agency: (a) Retains the motor vehicle for law enforcement purposes; or (b) Determines that the cost …

(1) Whenever a seizing agency intends to forfeit any real property under ORS 131.550 to 131.600, the seizing agency may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises or real property lies a notice of intent to forfe…

(1) As soon as practicable after seizure for criminal forfeiture, the seizing agency shall review the inventory prepared by the police officer under ORS 131.561. Within 30 days after seizure for criminal forfeiture, the forfeiture counsel shall file a criminal information or an i…

(1) A person, other than the defendant, claiming an interest in property seized under ORS 131.550 to 131.600 may file a petition for an expedited hearing within 15 days after notice of seizure for criminal forfeiture or within such further time as the court may allow for good cau…

(1) An order restoring custody to a petitioner under ORS 131.573 shall: (a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct; (b) Require the petitioner to service and…

(1)(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquire…

(1) If a district attorney decides to proceed with a criminal forfeiture, the district attorney must present the criminal forfeiture to the grand jury for indictment. The indictment must allege facts sufficient to establish that the property is subject to criminal forfeiture and …

(1) The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction. (2) With respect to property that is an instrumentality of the crime of conviction or of past prohib…

(1) If no financial institution has filed the affidavit described in ORS 131.579 (1), and if the court has failed to uphold the claim or affidavit of any other person claiming an interest in the property, the effect of the judgment is that: (a) Title to the property passes to the…

Distribution of property or proceeds in accordance with ORS 131.550 to 131.600 must be made equitably and may be made pursuant to intergovernmental agreement under ORS chapter 190. Intergovernmental agreements providing for such distributions and in effect on September 2, 2005, r…

(1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows: (a) The seizing agency shall pay costs first from the property or its proceeds. As used in th…

(1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is the state or when the state is the recipient of property forfeited under ORS 131.550 to 131.600, the seizing agency shall dispose of and distribute property as follows: (a) The sei…