2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 135

• 135.010 Time and place.
• 135.020 Scope of proceedings.
• 135.030 When presence of defendant is required; appearance by counsel.
• 135.035 Bringing in defendant not yet arrested or held to answer.
• 135.037 Omnibus hearing; when held; subject; ruling of court; counsel required.
• 135.040 Right to counsel.
• 135.045 Court appointment of counsel; waiver of counsel; appointment of legal advisor.
• 135.050 Eligibility for court-appointed counsel; financial statement; termination; civil liability.
• 135.053 [1979 c.806 1; 1981 s.s. c.3 124; repealed by 1985 c.502 28]
• 135.055 Compensation and expenses of appointed counsel.
• 135.060 Communication to defendant as to use of name in accusatory instrument; effect of acknowledging true name at arraignment.
• 135.065 Name used in further proceedings; motion to strike false name.
• 135.067 Effect of failure to provide true name of defendant on certain types of release.
• Note: 135.067 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. PRELIMINARY HEARING (Generally)
• 135.070 Information as to charge, right to counsel, use of statement, preliminary hearing and use by State Board of Parole and Post-Prison Supervision.
• 135.073 Statement by defendant when not advised of rights.
• 135.075 Obtaining counsel.
• 135.080 [Formerly 133.635; repealed by 1979 c.867 18]
• 135.085 Subpoenaing witnesses.
• 135.090 Examination of adverse witnesses.
• 135.095 Right of defendant to make or waive making a statement.
• 135.100 Statement of defendant.
• 135.105 Use of statement before grand jury or on trial.
• 135.110 [Amended by 1973 c.836 132; renumbered 135.030]
• 135.115 Waiver of right to make statement.
• 135.120 [Repealed by 1973 c.836 358]
• 135.125 Examination of defendant s witnesses.
• 135.130 [Repealed by 1973 c.836 358]
• 135.135 Exclusion of witnesses during examination of others.
• 135.139 Notice of availability of testing for HIV and other communicable diseases to person charged with crime; when court may order test; victim s rights.
• Note: 135.139 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 135.140 [Amended by 1973 c.836 133; renumbered 135.035]
• 135.145 Testimony of witnesses.
• 135.150 [Repealed by 1973 c.836 358]
• 135.155 Retention of record and statements by magistrate; inspection.
• 135.160 [Repealed by 1973 c.836 358]
• 135.165 Counsel for complainant; district attorney.
• 135.170 [Repealed by 1973 c.836 358]
• 135.173 Oregon Evidence Code to apply in preliminary hearings; exception.
• 135.175 Discharge.
• 135.180 [Repealed by 1973 c.836 358]
• 135.185 Holding defendant to answer; use of hearsay evidence.
• 135.190 [Repealed by 1973 c.836 358]
• 135.195 Commitment.
• 135.200 [Repealed by 1973 c.836 358]
• 135.205 Indorsement in certain cases.
• 135.210 [Repealed by 1973 c.836 358]
• 135.215 Direction to sheriff; detention of defendant.
• 135.225 Forwarding of papers by magistrate.
• 135.230 Definitions for ORS 135.230 to 135.290.
• 135.235 Release assistance officer; appointment; duties.
• 135.240 Releasable offenses.
• 135.242 Security release for certain methamphetamine offenses.
• 135.245 Release decision.
• 135.247 Order prohibiting contact with victim of sex crime or domestic violence.
• Note: 135.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 135.250 General conditions of release agreement.
• 135.255 Release agreement.
• 135.260 Conditional release.
• 135.265 Security release.
• 135.270 Taking of security.
• 135.280 Arrest warrant; forfeiture.
• 135.285 Modification of release decision; release upon appeal.
• 135.290 Punishment by contempt of court.
• 135.295 Application of ORS 135.230 to 135.290 to certain traffic offenses.
• 135.305 Types of answer.
• 135.310 [Renumbered 135.040]
• 135.315 Types of pleading.
• 135.320 [Amended by 1961 c.696 2; 1967 c.475 2; 1973 c.836 134; renumbered 135.045]
• 135.325 Pleading a judgment.
• 135.330 [Amended by 1961 c.698 1; 1967 c.628 1; 1971 c.677 1; renumbered 135.055] (Plea)
• 135.335 Pleading by defendant; alternatives.
• 135.340 [Amended by 1973 c.836 136; renumbered 135.060]
• 135.345 Legal effect of plea of no contest.
• 135.350 [Amended by 1973 c.836 137; renumbered 135.065]
• 135.355 Presentation of plea; entry in register; forms.
• 135.360 Special provisions relating to presentation of plea of guilty or no contest.
• 135.365 Withdrawal of plea of guilty or no contest.
• 135.370 Not guilty plea as denial of allegations of accusatory instrument.
• 135.375 Pleading to other offenses.
• 135.380 Time of entering plea; aid of counsel.
• 135.385 Defendant to be advised by court.
• 135.390 Determining voluntariness of plea; nature of plea agreement.
• 135.395 Determining accuracy of plea.
• 135.405 Plea discussions and plea agreements.
• 135.406 [1997 c.313 3; repealed by 2009 c.178 35]
• 135.407 Plea agreement must contain defendant s criminal history classification; stipulations.
• 135.410 [Repealed by 1973 c.836 358]
• 135.415 Criteria to be considered in plea discussions and plea agreements.
• 135.420 [Amended by 1973 c.836 158; renumbered 135.305]
• 135.425 Responsibilities of defense counsel.
• 135.430 [Renumbered 135.315]
• 135.432 Responsibilities of trial judge.
• 135.435 Discussion and agreement not admissible.
• 135.440 [Repealed by 1973 c.836 358]
• 135.445 Withdrawn plea or statement not admissible.
• 135.450 [Renumbered 135.325] (Related Procedure)
• 135.455 Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice.
• 135.460 [Repealed by 1973 c.836 358]
• 135.465 Defect in accusatory instrument as affecting acquittal on merits.
• 135.470 Motion to dismiss accusatory instrument on grounds of former jeopardy.
• 135.510 Grounds for motion to set aside the indictment.
• 135.520 Time of making motion; hearing.
• 135.530 Effect of allowance of motion.
• 135.540 Effect of resubmission of case.
• 135.550 [Repealed by 1973 c.836 358]
• 135.560 Order to set aside is no bar to future prosecution.
• 135.610 Demurrer; generally.
• 135.620 [Repealed by 1973 c.836 358]
• 135.630 Grounds of demurrer.
• 135.640 When objections that are grounds for demurrer may be taken.
• 135.650 Hearing of objections specified by demurrer.
• 135.660 Judgment on demurrer; entry in register.
• 135.670 Allowance of demurrer.
• 135.680 Failure to resubmit case after allowance of demurrer.
• 135.690 Resubmission of case.
• 135.700 Disallowance of demurrer.
• 135.703 Crimes subject to being compromised; exceptions.
• 135.705 Satisfaction of injured person; dismissal of charges.
• 135.707 Discharge as bar to prosecution.
• 135.709 Exclusiveness of procedure.
• 135.711 Facts constituting crime or subcategory of crime required.
• 135.713 Necessity of stating presumptions of law and matters judicially noticed.
• 135.715 Effect of nonprejudicial defects in form of accusatory instrument.
• 135.717 Time of crime.
• 135.720 Place of crime in certain cases.
• 135.725 Person injured or intended to be injured.
• 135.727 Description of animal.
• 135.730 Judgments; facts conferring jurisdiction.
• 135.733 Defamation.
• 135.735 Forgery; misdescription of forged instrument.
• 135.737 Perjury.
• 135.740 Construction of words and phrases used.
• 135.743 Fictitious or erroneous name; insertion of true name.
• 135.745 Delay in finding an indictment or filing an information.
• 135.747 Effect of delay in bringing defendant to trial.
• 135.750 Where there is reason for delay.
• 135.753 Effect of dismissal.
• 135.755 Dismissal on motion of court or district attorney.
• 135.757 Nolle prosequi; discontinuance by district attorney.
• 135.760 Notice requesting early trial on pending charge.
• 135.763 Trial within 90 days of notice unless continuance granted.
• 135.765 Dismissal of criminal proceeding not brought to trial within allowed time; exceptions.
• 135.767 Presence of prisoner at proceedings.
• 135.770 Release of prisoner prohibited.
• 135.773 District attorney to furnish certain documents.
• 135.775 Agreement on Detainers.
• 135.777 Definition for ORS 135.775.
• 135.779 Enforcement of ORS 135.775 by public agencies.
• 135.783 Effect of escape from custody in another state.
• 135.785 Surrender of custody under ORS 135.775.
• 135.787 Administrator of agreement; appointment; duties.
• 135.789 Notice of request for temporary custody; prisoner s rights.
• 135.791 Request for final disposition of detainer from prisoner without state.
• 135.793 Procedure where untried instrument pending against prisoner without state.
• 135.805 Applicability; scope of disclosure.
• 135.810 [Repealed by 1973 c.836 358]
• 135.815 Disclosure to defendant.
• 135.820 [Repealed by 1973 c.836 358]
• 135.825 Other disclosure to defense; special conditions.
• 135.830 [Amended by 1973 c.836 161; renumbered 135.355]
• 135.835 Disclosure to the state.
• 135.840 [Amended by 1973 c.836 162; renumbered 135.360]
• 135.845 Time of disclosure.
• 135.850 [Amended by 1973 c.836 163; renumbered 135.365]
• 135.855 Material and information not subject to discovery.
• 135.857 Disclosure to victim; conditions.
• 135.860 [Amended by 1973 c.836 164; renumbered 135.370]
• 135.865 Effect of failure to comply with discovery requirements.
• 135.870 [Amended by 1971 c.743 321; repealed by 1973 c.836 358]
• 135.873 Protective orders.
• 135.875 [1969 c.293 1; renumbered 135.455]
• 135.880 [Amended by 1973 c.836 176; renumbered 135.465] DIVERSION (Generally)
• 135.881 Definitions for ORS 135.881 to 135.901.
• 135.886 Requirements for diversion; factors considered.
• 135.890 [Repealed by 1973 c.836 358]
• 135.891 Conditions of diversion agreement; dismissal of criminal charges; scope of agreement.
• 135.896 Stay of criminal proceedings during period of agreement; limitation on stay; effect of declining diversion.
• 135.898 Diversion agreement involving servicemember charged with domestic violence.
• 135.900 [Repealed by 1973 c.836 358]
• 135.901 Effect of compliance or noncompliance with agreement; effect of partial compliance in subsequent criminal proceedings; record of participation in program.
• 135.905 Unitary assessment.
• Note: 135.905 was added to and made a part of 147.005 to 147.367 by legislative action but was not added to or made a part of ORS chapter 135 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
• Note: 137.290 and 137.295 were repealed by section 118, chapter 597, Oregon Laws 2011. The text of 135.905 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 135.905 for the repeal of 137.290 and 137.295 has not been made. (Possession of Marijuana)
• 135.907 Notification of availability of diversion; petition form; information.
• Note: 135.907 to 135.921 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 135.909 Filing petition; procedure.
• Note: See note under 135.907.
• 135.911 Diversion for first offense only.
• Note: See note under 135.907.
• 135.913 Diversion agreement part of record of case; duration of agreement; effect of denial of petition.
• Note: See note under 135.907.
• 135.915 Effect of compliance with agreement.
• Note: See note under 135.907.
• 135.917 Designation of agencies to perform diagnostic assessments; duties of agency.
• Note: See note under 135.907.
• 135.919 Termination of agreement by court; procedure; grounds; effect.
• Note: See note under 135.907.
• 135.921 Amount and distribution of filing fee; diagnostic assessment fee.
• Note: See note under 135.907. (Bad Check)
• 135.925 Bad check diversion program.
• Note: 135.925 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 135.930 [1983 c.487 1; 1987 c.320 22; repealed by 1987 c.908 4]
• 135.935 [1983 c.487 2; 1987 c.320 23; repealed by 1987 c.908 4]
• 135.940 [1983 c.487 3; 1987 c.320 24; repealed by 1987 c.908 4] EARLY DISPOSITION PROGRAMS
• 135.941 Early disposition programs.
• Note: 135.941 to 135.949 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 135.942 Purposes of program.
• Note: See note under 135.941.
• 135.943 Provisions of program.
• Note: See note under 135.941.
• 135.945 [1983 c.487 4; 1987 c.320 25; repealed by 1987 c.908 4]
• 135.946 [2001 c.635 9; repealed by 2005 c.308 1]
• 135.948 Availability to probationers.
• Note: See note under 135.941.
• 135.949 Other programs authorized.
• Note: See note under 135.941.
• 135.950 [1983 c.487 5; repealed by 1987 c.908 4] MEDIATING CRIMINAL OFFENSES
• 135.951 Authorization; determining when appropriate; exclusions.
• Note: 135.951 to 135.959 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 135.953 How mediation may be used.
• Note: See note under 135.951.
• 135.955 Notifying victims and person charged with crime of mediation opportunities.
• Note: See note under 135.951.
• 135.957 Application of ORS 36.220 to 36.238 to mediation of criminal offenses; information to parties.
• Note: See note under 135.951.
• 135.959 Authority to contract with dispute resolution programs.
• Note: See note under 135.951. MISCELLANEOUS
• 135.970 When address and phone number of victim or witness not to be given to defendant; deposition of victim; when contact with victim prohibited; effect of threats by defendant.
• 135.975 [1987 c.475 2; repealed by 1989 c.790 74]
• 135.980 Rehabilitative programs directory; compilation; availability.
• Note: 135.980 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. PENALTIES
• 135.990 Penalties.