US Laws, Codes, Statutes & Cases

Chapter 131 — Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention

 

2005 EDITION

 

TITLE 14

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

Chapter     131.     Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture;

                              Crime Prevention

                  132.     Grand Jury, Indictments and Other Accusatory Instruments

                  133.     Arrest and Related Procedures; Search and Seizure; Extradition

                  135.     Arraignment and Pretrial Provisions

                  136.     Criminal Trials

                  137.     Judgment and Execution; Parole and Probation by the Court

                  138.     Appeals; Post-Conviction Relief

                  142.     Stolen Property

                  144.     Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports

                  146.     Investigations of Deaths, Injuries and Missing Persons

                  147.     Victims of Crime and Acts of Mass Destruction

                  151.     Public Defenders; Counsel for Financially Eligible Persons

                  153.     Violations and Traffic Offenses

_______________

 

Chapter 131 — Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention

 

2005 EDITION

 

PRELIMINARY PROVISIONS

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE

 

                  (Temporary provisions relating to Law Enforcement Contacts Policy and Data Review Committee are compiled as notes preceding ORS 131.005)

 

PRELIMINARY PROVISIONS

 

131.005     General definitions

 

131.007     “Victim” defined

 

131.015     Application to prior and subsequent actions

 

131.025     Parties in criminal action

 

131.035     When departures, errors or mistakes in pleadings or proceedings are material

 

131.040     When law enforcement officer may communicate with person represented by counsel

 

131.045     Appearances by simultaneous electronic transmission

 

TIME LIMITATIONS

 

131.105     Timeliness of criminal actions

 

131.125     Time limitations

 

131.135     When prosecution commenced

 

131.145     When time starts to run; tolling of statute

 

131.155     Tolling of statute; three-year maximum

 

JURISDICTION

 

131.205     Definition for ORS 131.205 to 131.235

 

131.215     Jurisdiction

 

131.225     Exceptions

 

131.235     Criminal homicide

 

VENUE

 

131.305     Place of trial

 

131.315     Special provisions

 

131.325     Place of trial; doubt as to place of crime; conduct outside of state

 

131.335     Change of venue

 

131.345     Motion for change of venue; when made

 

131.355     Change of venue for prejudice

 

131.363     Change of venue in other cases

 

131.375     Transmission of transcript on change of venue

 

131.385     Filing of transmitted transcript and papers

 

131.395     Expenses of change; taxation as costs

 

131.405     Attendance of defendant at new place of trial

 

131.415     Conveyance of defendant in custody after change of venue

 

FORMER JEOPARDY

 

131.505     Definitions for ORS 131.505 to 131.525

 

131.515     Previous prosecution; when a bar to second prosecution

 

131.525     Previous prosecution; when not a bar to subsequent prosecution

 

131.535     Proceedings not constituting acquittal

 

CRIMINAL FORFEITURE

 

131.550     Definitions for ORS 131.550 to 131.600

 

131.553     Legislative findings; effect on local laws; remedy not exclusive

 

131.556     Right, title and interest in forfeited property vests in seizing agency

 

131.558     Property subject to forfeiture

 

131.561     Seizure of property subject to forfeiture

 

131.564     Status of seized property; release; maintenance and use

 

131.567     Recorded notice of intent to forfeit real property; form

 

131.570     Notice of seizure for forfeiture; service on persons other than defendant; publication of notice

 

131.573     Petition for expedited hearing

 

131.576     Order restoring custody of property after expedited hearing

 

131.579     Affidavit in response to notice of seizure for forfeiture

 

131.582     Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants

 

131.585     Extent of judgment

 

131.588     Judgment of forfeiture; contents; effect

 

131.591     Equitable distribution of property or proceeds; intergovernmental agreements

 

131.594     Disposition and distribution of forfeited property when seizing agency not the state

 

131.597     Disposition and distribution of forfeited property when seizing agency is the state

 

131.600     Records and reports

 

131.602     Prohibited conduct for purposes of instrumentalities of crime

 

131.604     Disposition of forfeited cigarettes

 

CRIME PREVENTION

 

(Stopping of Persons)

 

131.605     Definitions for ORS 131.605 to 131.625

 

131.615     Stopping of persons

 

131.625     Frisk of stopped persons

 

(Detention)

 

131.655     Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause

 

(Prevention by Public Officers)

 

131.665     Prevention by public officers

 

131.675     Dispersal of unlawful or riotous assemblages

 

131.685     Authority of Governor to enter into agreements with other states for crime prevention purposes

 

(Exclusion from Public Property)

 

131.705     Definitions for ORS 131.705 to 131.735

 

131.715     Proclamation of emergency period by Governor

 

131.725     Exclusion from public property

 

131.735     Review of exclusion order

 

(Special Law Enforcement Officers)

 

131.805     Authority to employ special agents

 

131.815     Presentment of facts to circuit court

 

131.825     Hearing

 

131.835     Request that judge of another district conduct hearing; traveling expenses

 

131.845     Findings

 

131.855     Appointment of special officers on finding that laws are not enforced

 

131.860     Qualifying of special officers; powers and duties

 

131.865     Compensation of special officers

 

131.875     Effect of appointment of special officers on salary of regular officers

 

131.880     Appointment of railroad police officers; liability

 

(Rewards)

 

131.885     Offer of reward

 

131.890     Entitlement to reward; use of public money to reward bounty hunter

 

131.892     Offer of reward for information on commission of criminal offense

 

131.895     Procedure for payment

 

131.897     Authority to order repayment of reward as part of sentence

 

LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS

 

131.900     Liability for medical expenses for person restrained, detained or taken into custody

 

LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE

 

      Note: Sections 5, 6 and 8 to 11, chapter 687, Oregon Laws 2001, provide:

      Sec. 5. The Legislative Assembly finds and declares that:

      (1) Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or national origin.

      (2) State and local law enforcement agencies can perform their missions more effectively when all Oregonians have trust and confidence that law enforcement stops and other contacts with individuals are free from inequitable and unlawful discrimination based on race, color or national origin.

      (3) Representatives of community interest groups and state and local law enforcement agencies agree that collecting certain demographic data about contacts between individuals and state or local law enforcement officers will provide a statistical foundation to ensure that future contacts are free from inequitable and unlawful discrimination based on race, color or national origin.

      (4) Demographic data collection can establish a factual and quantifiable foundation for measuring progress in eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals, but data collection alone does not provide a sufficient basis for corrective action. Proper analysis of the demographic data and enactment of meaningful reforms in response to the results of that analysis require careful consideration of all relevant factors including the context of the community in which the data has been collected.

      (5) It is the goal of this state that all law enforcement agencies perform their missions without inappropriate use of race, color or national origin as the basis for law enforcement actions. This goal may be achieved by providing assistance to state and local law enforcement agencies and the communities that they serve.

      (6) This state shall foster, encourage and support the collection and analysis of demographic data by state and local law enforcement agencies. [2001 c.687 §5]

      Sec. 6. (1) There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor on or before October 1, 2001.

      (2) The purpose of the committee is to receive and analyze demographic data to ensure that law enforcement agencies perform their missions without inequitable or unlawful discrimination based on race, color or national origin.

      (3) To achieve its purpose, the committee shall collect and analyze demographic data to:

      (a) Provide information to assist communities and state and local law enforcement agencies in evaluating the policies, training and procedures of law enforcement agencies regarding the treatment of individuals during stops and other contacts with law enforcement;

      (b) Inform state and local law enforcement agencies and communities about law enforcement practices; and

      (c) Provide opportunities for communities and state and local law enforcement agencies to work together to increase public trust and confidence in law enforcement and to enhance the capacity of communities and law enforcement agencies to provide more effective public safety services.

      (4) The committee shall:

      (a) Solicit demographic data concerning law enforcement stops and other contacts between state and local law enforcement agencies and individuals;

      (b) Publicize programs, procedures and policies from communities that have made progress toward eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals;

      (c) Provide technical assistance, including refinement of the minimum data elements as necessary for effective analysis, to state and local law enforcement agencies that desire to begin collecting demographic data;

      (d) Provide technical assistance to communities and state and local law enforcement agencies that desire to engage in local efforts to involve individuals in the establishment and implementation of programs, procedures and policies that will advance the goal of section 5 of this 2001 Act;

      (e) Obtain resources for independent analysis and interpretation of demographic data collected by state or local law enforcement agencies;

      (f) Accept and analyze demographic data collected by a state or local law enforcement agency if requested by a state or local law enforcement agency and if resources are available; and

      (g) Report to the public the results of analyses of demographic data.

      (5) In carrying out its purpose, the committee may not receive or analyze any data unless the data for each reported contact includes at least the following information:

      (a) The reason for the law enforcement stop or other contact;

      (b) The law enforcement officer’s perception of the race, color or national origin of the individual involved in the contact;

      (c) The individual’s gender;

      (d) The individual’s age;

      (e) Whether a search was conducted in connection with the contact, and if so, what resulted from the search;

      (f) The disposition of the law enforcement action, if any, resulting from the contact; and

      (g) Additional data as recommended by the committee that state and local law enforcement agencies should collect and submit.

      (6) Data received by the committee for analysis under this section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency.

      (7) Members of the committee shall appoint a chairperson from the members of the committee. Members of the committee are not entitled to compensation or expenses and shall serve on the committee on a volunteer basis.

      (8) The Oregon Criminal Justice Commission shall provide administrative support staff necessary to the performance of the functions of the committee.

      (9) All agencies, departments and officers of this state are requested to assist the committee in the performance of its functions and to furnish such information and advice as the members of the committee consider necessary to perform their functions.

      (10) The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees on or before December 1, 2002, and annually thereafter on or before December 1.

      (11) After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements.

      (12) This section does not prohibit a state or local law enforcement agency from collecting data in addition to the minimum information required in subsection (5) of this section. [2001 c.687 §6]

      Sec. 8. The Oregon Criminal Justice Commission may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the Law Enforcement Contacts Policy and Data Review Committee. [2001 c.687 §8]

      Sec. 9. All moneys received by the Oregon Criminal Justice Commission under section 8 of this 2001 Act shall be paid into the State Treasury and deposited into the General Fund to the credit of the Oregon Criminal Justice Commission. Such moneys are appropriated continuously to the Oregon Criminal Justice Commission for the purposes of section 6 of this 2001 Act. [2001 c.687 §9]

      Sec. 10. The Law Enforcement Contacts Policy and Data Review Committee shall assist the Oregon Progress Board in the creation and adoption of goals as provided in ORS 285A.168 to measure progress toward the purpose of the committee under section 6 of this 2001 Act. [2001 c.687 §10]

      Sec. 11. Sections 5 to 10 of this 2001 Act are repealed on December 31, 2007. [2001 c.687 §11]

 

PRELIMINARY PROVISIONS

 

      131.005 General definitions. 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 court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action.

      (3) “Complaint” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof.

      (4) “Complainant’s information” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof.

      (5) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. “Correctional facility” does not include a youth correction facility as defined in ORS 162.135 and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after acquittal of a crime by reason of mental disease or defect under ORS 161.290 to 161.370.

      (6) “Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.

      (7) “Criminal proceeding” means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action.

      (8) “District attorney,” in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General.

      (9) “District attorney’s information” means a written accusation by a district attorney and:

      (a) If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or

      (b) If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or

      (c) If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof.

      (10) “Information” means a district attorney’s information or a complainant’s information.

      (11) “Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.

      (12) “Trial court” means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument.

      (13) “Ultimate trial jurisdiction” means the jurisdiction of a court over a criminal action or proceeding at the highest trial level.

      (14) “Warrant of arrest” means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced. [1973 c.836 §1; 1983 c.760 §1; 1995 c.738 §3; 1997 c.249 §42; 1997 c.801 §101; 1999 c.1051 §122]

 

      Note: Legislative Counsel has substituted “chapter 836, Oregon Laws 1973,” for the words “this Act” in sections 1 and 2, chapter 836, Oregon Laws 1973, compiled as 131.005 and 131.015. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1973 Comparative Section Table located in Volume 20 of ORS.

 

      131.007 “Victim” defined. As used in ORS 40.385, 135.230, 135.406, 135.970, 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 physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §17; 1993 c.294 §3; 1997 c.313 §30]

 

      131.010 [Repealed by 1973 c.836 §358]

 

      131.015 Application to prior and subsequent actions.(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 in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974.

      (2) The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 §2]

 

      Note: See note under 131.005.

 

      131.020 [Repealed by 1973 c.836 §358]

 

      131.025 Parties in criminal action. 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]

 

      131.030 [Repealed by 1973 c.836 §358]

 

      131.035 When departures, errors or mistakes in pleadings or proceedings are material. 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]

 

      131.040 When law enforcement officer may communicate with person represented by counsel. 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 the communication, if:

      (1) The communication is related to a criminal investigation;

      (2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and

      (3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]

 

      131.045 Appearances by simultaneous electronic transmission. (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 communication transmission if the form of transmission allows:

      (A) The court and the person making the appearance to communicate with each other during the proceeding;

      (B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;

      (C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and

      (D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.

      (2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if:

      (a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section;

      (b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and

      (c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute.

      (3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.

      (4) Notwithstanding subsection (2) of this section, a person may not appear before a jury by simultaneous electronic transmission.

      (5) This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 §4]

 

TIME LIMITATIONS

 

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

 

      131.110 [Amended by 1971 c.743 §315a; repealed by 1973 c.836 §358]

 

      131.120 [Repealed by 1973 c.836 §358]

 

      131.125 Time limitations. (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 commit aggravated murder or murder, or the death of the person killed.

      (2) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

      (a) Criminal mistreatment in the first degree under ORS 163.205.

      (b) Rape in the third degree under ORS 163.355.

      (c) Rape in the second degree under ORS 163.365.

      (d) Rape in the first degree under ORS 163.375.

      (e) Sodomy in the third degree under ORS 163.385.

      (f) Sodomy in the second degree under ORS 163.395.

      (g) Sodomy in the first degree under ORS 163.405.

      (h) Unlawful sexual penetration in the second degree under ORS 163.408.

      (i) Unlawful sexual penetration in the first degree under ORS 163.411.

      (j) Sexual abuse in the second degree under ORS 163.425.

      (k) Sexual abuse in the first degree under ORS 163.427.

      (L) Using a child in a display of sexual conduct under ORS 163.670.

      (m) Encouraging child sexual abuse in the first degree under ORS 163.684.

      (n) Incest under ORS 163.525.

      (o) Promoting prostitution under ORS 167.012.

      (p) Compelling prostitution under ORS 167.017.

      (3) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

      (a) Sexual abuse in the third degree under ORS 163.415.

      (b) Furnishing obscene materials to minors under ORS 167.065.

      (c) Sending obscene materials to minors under ORS 167.070.

      (d) Exhibiting an obscene performance to a minor under ORS 167.075.

      (e) Displaying obscene materials to minors under ORS 167.080.

      (4) In the case of crimes described in subsection (2)(L) of this section, the “victim” is the child engaged in sexual conduct. In the case of the crime described in subsection (2)(n) of this section, the “victim” is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (2)(o) and (p) of this section, the “victim” is the child whose acts of prostitution are promoted or compelled.

      (5) A prosecution for arson in any degree may be commenced within six years after the commission of the crime.

      (6) Except as provided in subsection (7) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission:

      (a) For any other felony, three years.

      (b) For any misdemeanor, two years.

      (c) For a violation, six months.

      (7) If the period prescribed in subsection (6) of this section has expired, a prosecution nevertheless may be commenced as follows:

      (a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

      (b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or

      (c) If the offense is an invasion of personal privacy under ORS 163.700, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years.

      (8) Notwithstanding subsection (2) of this section, a prosecution for rape in the first or second degree or sodomy in the first or second degree may be commenced within 12 years after the commission of the crime if the defendant is identified after the period described in subsection (2) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991 c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001 c.375 §1; 2005 c.252 §1; 2005 c.839 §1]

 

      131.130 [Repealed by 1973 c.836 §358]

 

      131.135 When prosecution commenced. 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]

 

      131.145 When time starts to run; tolling of statute. (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

      (b) Any time when the accused hides within the state so as to prevent process being served upon the accused.

      (3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 §8; 1987 c.158 §19]

 

      131.155 Tolling of statute; three-year maximum. 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

 

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

 

      131.210 [Repealed by 1973 c.836 §358]

 

      131.215 Jurisdiction. 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 conduct that is an element of the offense or the result that is an element occurs within this state; or

      (2) Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or

      (3) Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or

      (4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or

      (5) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or

      (6) The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 §10]

 

      131.220 [Repealed by 1973 c.836 §358]

 

      131.225 Exceptions. (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 result is an element of an offense; and

      (b) The result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense.

      (2) ORS 131.215 (1) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside this state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within this state. [1973 c.836 §11]

 

      131.230 [Repealed by 1973 c.836 §358]

 

      131.235 Criminal homicide. (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 prima facie evidence that the result occurred within this state. [1973 c.836 §12]

 

      131.240 [Repealed by 1973 c.836 §358]

 

      131.250 [1971 c.743 §291; repealed by 1973 c.836 §358]

 

VENUE

 

      131.305 Place of trial. (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 waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 to 131.363. [1973 c.836 §14]

 

      131.310 [Repealed by 1973 c.836 §358]

 

      131.315 Special provisions. (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 therefrom in another county, trial of the offense may be held in either county.

      (3) If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired.

      (4) If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water.

      (5) If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed.

      (6) If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned.

      (7) A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime.

      (8) If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed.

      (9) If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs.

      (10) A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county.

      (11) A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child.

      (12) If the offense is theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft was committed.

      (13) When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which:

      (a) The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or

      (b) Any act that is an element of the offense occurred.

      (14) When a prosecution under ORS 165.692 and 165.990 or 411.675 and 411.990 (2) and (3) involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid. [1973 c.836 §15; 1987 c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7]

 

      131.320 [Repealed by 1973 c.836 §358]

 

      131.325 Place of trial; doubt as to place of crime; conduct outside of state. 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 no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 §16]

 

      131.330 [Repealed by 1973 c.836 §358]

 

      131.335 Change of venue. 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]

 

      131.340 [Repealed by 1973 c.836 §358]

 

      131.345 Motion for change of venue; when made. 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]

 

      131.350 [Amended by 1971 c.743 §316; repealed by 1973 c.836 §358]

 

      131.355 Change of venue for prejudice. 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 impartial trial. [1973 c.836 §19]

 

      131.360 [Amended by 1973 c.743 §317; repealed by 1973 c.836 §358]

 

      131.363 Change of venue in other cases. 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]

 

      131.365 [1959 c.664 §5; repealed by 1973 c.836 §358]

 

      131.370 [Repealed by 1973 c.836 §358]

 

      131.375 Transmission of transcript on change of venue. When the court has ordered a change of venue, the clerk shall forthwith make and retain authenticated copies of the original papers filed in the case and transmit to the clerk of the proper court a transcript of the proceedings and the original papers. [1973 c.836 §21]

 

      131.380 [Repealed by 1973 c.836 §358]

 

      131.385 Filing of transmitted transcript and papers. The change of the place of trial is complete when the transcript and papers are filed with the clerk of the court to which the trial is transferred, and thereafter the action shall proceed in the same manner as if it had been commenced in that court. [1973 c.836 §22]

 

      131.390 [Amended by 1971 c.746 §318; repealed by 1973 c.836 §358]

 

      131.395 Expenses of change; taxation as costs. (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 not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.

      (2) The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 §23]

 

      131.400 [Repealed by 1973 c.836 §358]

 

      131.405 Attendance of defendant at new place of trial. (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 permission of the court.

      (2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 §24]

 

      131.410 [Repealed by 1973 c.836 §358]

 

      131.415 Conveyance of defendant in custody after change of venue. 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 the correctional institution of the county where the defendant is to be tried. [1973 c.836 §25]

 

      131.420 [Amended by 1961 c.442 §1; repealed by 1973 c.836 §358]

 

      131.430 [Repealed by 1973 c.836 §358]

 

      131.440 [Repealed by 1973 c.836 §358]

 

      131.450 [Repealed by 1973 c.836 §358]

 

      131.460 [Repealed by 1973 c.836 §358]

 

      131.470 [Repealed by 1973 c.836 §358]

 

FORMER JEOPARDY

 

      131.505 Definitions for ORS 131.505 to 131.525. 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 constitutes a separate and distinct offense.

      (3) When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims.

      (4) “Criminal episode” means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective.

      (5) A person is “prosecuted for an offense” when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either:

      (a) Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525 (2);

      (b) Proceeds to the trial stage and the jury is impaneled and sworn; or

      (c) Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn.

      (6) There is an “acquittal” if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 §26; 1983 c.509 §1; 2001 c.104 §42]

 

      131.515 Previous prosecution; when a bar to second prosecution. 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 prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.

      (3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.

      (4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 §27; 1997 c.511 §3]

 

      131.525 Previous prosecution; when not a bar to subsequent prosecution. (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 otherwise, the right to object to termination.

      (b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:

      (A) It is physically impossible to proceed with the trial in conformity with law; or

      (B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or

      (C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or

      (D) The jury is unable to agree upon a verdict; or

      (E) False statements of a juror on voir dire prevent a fair trial.

      (c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.

      (d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.

      (2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 §28; 1983 c.509 §2]

 

      131.535 Proceedings not constituting acquittal. 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 form or substance;

      (b) Dismissed upon any pretrial motion; or

      (c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43]

 

CRIMINAL FORFEITURE

 

      131.550 Definitions for ORS 131.550 to 131.600. 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. For purposes of this subsection, “reasonable action under the circumstances” includes, but is not limited to:

      (a) Reporting the prohibited conduct to a law enforcement agency;

      (b) Commencing action that will assert the rights of the affiant as to the property interest;

      (c) Terminating a rental agreement; or

      (d) Seeking an abatement order under the provisions of ORS 105.505 to 105.520 or 105.550 to 105.600, or under any ordinance or regulation allowing abatement of nuisances.

      (2) “All persons known to have an interest” means:

      (a) Any person who has, prior to the time the property is seized for criminal forfeiture, filed notice of interest with any public office as may be required or permitted by law to be filed with respect to the property that has been seized for criminal forfeiture;

      (b) Any person from whose custody the property was seized; or

      (c) Any person who has an interest in the property, including all owners and occupants of the property, whose identity and address is known or is ascertainable upon diligent inquiry and whose rights and interest in the property may be affected by the action.

      (3) “Attorney fees” has the meaning given that term in ORCP 68 A.

      (4) “Financial institution” means any person lawfully conducting business as:

      (a) A financial institution or trust company, as those terms are defined in ORS 706.008;

      (b) A consumer finance company subject to the provisions of ORS chapter 725;

      (c) A mortgage banker or a mortgage broker as those terms are defined in ORS 59.840, a mortgage servicing company or other mortgage company;

      (d) An officer, agency, department or instrumentality of the federal government, including but not limited to:

      (A) The Secretary of Housing and Urban Development;

      (B) The Federal Housing Administration;

      (C) The United States Department of Veterans Affairs;

      (D) The Farmers Home Administration;

      (E) The Federal National Mortgage Association;

      (F) The Government National Mortgage Association;

      (G) The Federal Home Loan Mortgage Association;

      (H) The Federal Agricultural Mortgage Corporation; and

      (I) The Small Business Administration;