2005 Oregon Code - Chapter 156 :: TITLE 15
Chapter 156 Proceedings and Judgment in Criminal Actions
2005 EDITION
TITLE 15
PROCEDURE IN CRIMINAL ACTIONS IN JUSTICE COURTS
Chapter 156. Proceedings and Judgment in Criminal Actions
157. Appeals in Criminal Actions; Writ of Review
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Chapter 156 Proceedings and Judgment in Criminal Actions
2005 EDITION
PROCEEDINGS AND JUDGMENT IN CRIMINAL ACTIONS
CRIMINAL ACTIONS IN JUSTICE COURTS
JUSTICE COURTS; GENERAL PROVISIONS AND PROCEEDINGS PRIOR TO JUDGMENT THEREIN
156.010 Criminal procedure statutes govern generally
156.020 Filing complaint by private person as commencement of action
156.030 Form and sufficiency of complaint
156.040 Security for costs
156.050 Warrant of arrest; authority
156.060 Issuance, requisites and execution of warrant of arrest
156.070 Reading complaint to defendant; defendant to plead
156.080 Defendants plea; refusal to plead
156.090 Action to be tried within one day unless continued
156.100 Change of place of trial
156.110 Trial by court or jury
156.120 Injured person must appear or be subpoenaed
156.130 Demand for and selection of jury
156.140 Rendition and entry of verdict on docket
156.160 Jury trial without prepayment of trial fee; payment after judgment
JUDGMENT AND EXECUTION IN JUSTICE COURTS
156.210 Judgment on plea of guilty, no contest or on conviction
156.220 Judgment imposing monetary obligation; requirements
156.230 Money judgments; enforcement
156.240 Judgment entry or certified copy as evidence
156.270 Discharge of defendant upon finding the defendant not guilty
156.280 Entry that prosecution was malicious or without probable cause
156.290 Judgment against complainant for costs and disbursements
156.300 Enforcement of judgment against complainant
156.310 Payment of fine and costs by defendant
156.315 Assignment of judgment to Department of Revenue
RELEASE OR COMMITMENT
156.410 Release of defendant before trial
156.440 Commitment of defendant
156.450 Form of commitment
156.460 How commitment is executed
MISCELLANEOUS PROVISIONS RELATING TO JUSTICE COURTS
156.510 Proceeding when crime is not within jurisdiction of justice
156.520 Function of district attorney in justice court
156.530 Disposition of money paid on judgment
CONCURRENT JURISDICTION
156.705 Jurisdiction over offenses against animals
JUSTICE COURTS; GENERAL PROVISIONS AND PROCEEDINGS PRIOR TO JUDGMENT THEREIN
156.010 Criminal procedure statutes govern generally. A criminal action in a justice court is commenced and proceeded in to final determination, and the judgment therein enforced, in the manner provided in the criminal procedure statutes, except as otherwise specifically provided by statute. [Amended by 1973 c.836 §329]
156.020
Filing complaint by private person as commencement of action. In a justice
court, a criminal action is commenced by the filing of the complaint therein,
verified by the oath of the person commencing the action, who is thereafter
known as the complainant. [Amended by 1959 c.426 §4]
156.030
Form and sufficiency of complaint. The form of the complaint and the
sufficiency thereof shall be as provided in ORS 133.007 and 133.015. [Amended
by 1973 c.836 §330]
156.040
Security for costs. Before filing or receiving the complaint in a criminal
action, the justice may require the complainant to give security for costs and
disbursements in the amount authorized in civil actions; and not otherwise.
[Amended by 1959 c.426 §5]
156.050
Warrant of arrest; authority. The authority of a justice of the peace to
issue a warrant of arrest shall be as provided in ORS 133.110. [Amended by 1969
c.244 §4; 1983 c.661 §13; 1999 c.1051 §131]
156.060
Issuance, requisites and execution of warrant of arrest. A warrant of
arrest in a criminal action in a justice court is issued, directed and executed
in all respects as the warrant mentioned in ORS 133.140. [Amended by 1977 c.746
§12]
156.070
Reading complaint to defendant; defendant to plead. When the defendant is
brought before the justice, the complaint shall be read to the defendant and
the defendant shall plead thereto.
156.080
Defendants plea; refusal to plead. The defendant may plead the same pleas
as upon an indictment. The plea shall be oral and entered in the docket. If the
defendant refuses to plead, the justice shall enter the fact, together with the
plea of not guilty, on behalf of the defendant.
156.090
Action to be tried within one day unless continued. When the defendant is
brought before the justice upon the warrant of arrest, the action shall be
tried within one day thereafter, unless continued for cause.
156.100
Change of place of trial. Change of place of trial in criminal actions in
justice courts is in all manners and respects governed as provided in ORS
131.305 to 131.415. [Amended by 1973 c.836 §331]
156.110
Trial by court or jury. Upon a plea of not guilty, if the defendant does
not then demand a trial by jury, the justice shall proceed to try the issue.
[Amended by 1973 c.836 §332]
156.120
Injured person must appear or be subpoenaed. No judgment of conviction or
acquittal can be given in a criminal action in a justice court unless the
person injured appears or is subpoenaed to attend the trial as a witness.
156.130
Demand for and selection of jury. If a trial by jury is demanded, a jury
shall be selected and summoned as in a civil action in a justice court. Each
party may take challenges for cause and two peremptory challenges, except that
when the jury is selected in the manner provided in ORS 54.060 to 54.160, as to
any juror so selected, neither party may take a peremptory challenge.
156.140
Rendition and entry of verdict on docket. When the jury has agreed upon a
verdict, it shall deliver the same to the justice publicly, who shall enter it
in the docket of the justice.
156.150
[Repealed by 1979 c.447 §4]
156.160
Jury trial without prepayment of trial fee; payment after judgment. In a
criminal action in a justice court, prepayment of the trial fee is not a
prerequisite to having a jury trial. If a jury trial is demanded and judgment
is against the defendant, the fee shall be allowed and taxed in favor of the
state as other disbursements in ordinary cases.
JUDGMENT AND EXECUTION IN JUSTICE COURTS
156.210
Judgment on plea of guilty, no contest or on conviction. When the defendant
pleads guilty, no contest, or is convicted, either by the justice or the jury,
the justice shall give judgment thereon for such punishment as may be
prescribed by law for the crime. [Amended by 1973 c.836 §333]
156.220
Judgment imposing monetary obligation; requirements. Except as provided in
ORS 18.048 (3) and (4), any judgment rendered by a justice court on an offense
that imposes a monetary obligation must contain the separate section required
by ORS 18.048 (1). [1973 c.836 §334; 1999 c.788 §39; 2003 c.576 §97; 2005 c.568
§29a]
156.230
Money judgments; enforcement. Money judgments rendered by the court may be
enforced in the manner provided by ORS 52.600. [Amended by 1993 c.223 §5; 1999
c.788 §40]
156.240
Judgment entry or certified copy as evidence. An entry of judgment or a
certified copy of the judgment is conclusive evidence of the facts stated
therein. [Amended by 1999 c.788 §41]
156.250
[1991 c.67 §32; repealed by 1999 c.788 §42]
156.260
[Repealed by 1999 c.788 §42]
156.270
Discharge of defendant upon finding the defendant not guilty. When the
defendant is found not guilty by the justice or a jury, the defendant shall be
immediately discharged.
156.280
Entry that prosecution was malicious or without probable cause. When the
defendant is found not guilty, if it appears that the prosecution was malicious
or without probable cause, the justice shall make an entry to that effect in
the docket of the justice.
156.290
Judgment against complainant for costs and disbursements. Upon making the
entry prescribed in ORS 156.280, the justice shall give judgment against the
complainant for the costs and disbursements of the action and require the
complainant to pay the same or give satisfactory security therefor, by a
written undertaking with one or more sureties, to pay the same to the justice
within 30 days from the date of the judgment. [Amended by 1959 c.426 §6]
156.300
Enforcement of judgment against complainant. If the complainant does not
pay the judgment, or give the required security therefor, it may be enforced
against the complainant in all respects as a judgment for a fine in a criminal
action; but if the complainant gives the required security, the judgment may be
enforced at the expiration of the 30 days against the complainant and the
sureties of the complainant in the undertaking in all respects as a judgment
for money in a civil action. [Amended by 1959 c.426 §7]
156.310
Payment of fine and costs by defendant. If the fine and costs, or any part
thereof, are paid before commitment, they shall be paid to the justice. Thereafter
they shall be paid to the officer in whose custody the defendant is at the time
of the payment, which officer shall immediately pay the same to the justice.
156.315
Assignment of judgment to Department of Revenue. (1) A justice court may
assign a judgment in a criminal action, as described in ORS 137.118 (1) to (5),
to the Collections Unit in the Department of Revenue for the following
purposes:
(a) To determine whether refunds or other sums are owed to the debtor by the department; and
(b) To deduct the amount of the debt from any refunds or other sums owed to the debtor by the department.
(2) If the Collections Unit determines that refunds or other sums are owed to the debtor, the department shall deduct the amount of the debt from any refunds or other sums owed to the debtor by the department. After also deducting costs of its actions under this section, the department shall remit the amount deducted from refunds or other sums owed to the debtor to the justice court that assigned the judgment.
(3) A debtor whose account is assigned to the Department of Revenue for setoff under this section is entitled to the notice required by ORS 293.250 (3)(d) and to the opportunity for payment in ORS 293.250 (3)(c). [2003 c.375 §2]
156.320
[1971 c.423 §3; repealed by 1973 c.836 §358]
RELEASE OR COMMITMENT
156.410
Release of defendant before trial. At any time before the commencement of
the trial, the justice shall release the defendant under the procedures set
forth in ORS 135.230 to 135.290. [Amended by 1973 c.836 §335]
156.420
[Repealed by 1973 c.836 §358]
156.430
[Repealed by 1973 c.836 §358]
156.440
Commitment of defendant. If the defendant is not released from custody as
provided in ORS 135.230 to 135.290 when brought before the justice upon the
warrant of arrest, the defendant shall be continued in the custody of the
officer or, if the court is held in the vicinity of the county jail, committed
to jail, to answer the action, as the justice may direct. [Amended by 1973
c.836 §336]
156.450
Form of commitment. The commitment shall be signed by the justice with the
name of office of the justice and may be substantially as follows:
______________________________________________________________________________
JUSTICE COURT FOR
THE DISTRICT OF ______
State of Oregon, County of ______
IN THE NAME OF
THE STATE OF OREGON
To the sheriff of the county aforesaid:
An order having this day been made by me that A. B. be committed for trial in a criminal action against A. B. for the crime of (designating it generally), you hereby are commanded to receive A. B. into your custody and detain A. B. accordingly or until A. B. is otherwise legally discharged.
Dated at______, this ___ day of______, 2__.
C. D., Justice of the Peace
______________________________________________________________________________
156.460 How commitment is executed. When committed, the defendant shall be delivered to the custody of the proper officer by any peace officer to whom the justice may deliver the commitment, first indorsing thereon, substantially, as follows: I hereby authorize and command E. F. to deliver this commitment, together with the defendant therein named, to the custody of the sheriff of the County of______.
MISCELLANEOUS PROVISIONS RELATING TO JUSTICE COURTS
156.510 Proceeding when crime is not within jurisdiction of justice. If in the course of the trial it appears to the justice that the defendant has committed a crime not within the jurisdiction of a justice court, the justice shall dismiss the action, state in the entry the reasons therefor, hold the defendant upon the warrant of arrest and proceed to examine the charge as upon an information of the commission of crime.
156.520
Function of district attorney in justice court. The district attorney may
prosecute an action and if requested by the court shall prosecute an action in
a justice court and attend an examination before a magistrate, either in person
or by someone appointed by the district attorney for that purpose, and in any
case the district attorney shall control the proceedings on behalf of the
state. [Amended by 1981 c.863 §1]
156.530
Disposition of money paid on judgment. (1) Any money paid to the justice
court upon a judgment in a criminal action shall first be applied to the costs
of the action. The remainder shall be paid by the justice court to the
treasurer of the county, to be appropriated as provided by law.
(2) Money paid pursuant to subsection (1) of this section shall be delivered by the justice court to the treasurer not later than the last day of the month immediately following the month in which the money is collected. [Amended by 2003 c.687 §6]
156.610
[Amended by 1969 c.619 §14; repealed by 1977 c.876 §9 (46.800 enacted in lieu
of 156.610)]
156.620
[Amended by 1973 c.836 §337; repealed by 1977 c.876 §9 (46.800 enacted in lieu
of 156.620)]
156.630
[Repealed by 1975 c.611 §24]
156.640
[Amended by 1965 c.510 §23; repealed by 1977 c.876 §9 (46.800 enacted in lieu
of 156.640)]
156.650
[1959 c.559 §1; 1971 c.186 §1; repealed by 1977 c.876 §9 (46.800 enacted in
lieu of 156.650)]
CONCURRENT JURISDICTION
156.705
Jurisdiction over offenses against animals. Justices of the peace shall
have concurrent jurisdiction over all offenses committed under ORS 167.315 to
167.333 and 167.340. [Formerly 770.260; 1985 c.662 §14; 1999 c.788 §48]
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