2015 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition
Section 133.073 - Electronic filing of criminal citation; court rules.

(1) Notwithstanding ORS 133.065, a peace officer, following procedures established by court rule, may file a criminal citation with or without a form of complaint with the court by electronic means, without an actual signature of the officer, in lieu of filing a duplicate paper copy of the citation. A criminal citation filed under this section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525. A peace officer who files a criminal citation under this section is deemed to certify the citation and any complaint included with the citation by that filing and has the same rights, responsibilities and liabilities in relation to the citation and any complaint included with the citation as an officer has in relation to citations and complaints that are filed with the court in paper form and are certified by actual signature.

(2) A court may allow electronic filing of criminal citations as described under subsection (1) of this section. Procedures established to allow electronic filing of criminal citations under this section shall be established by court rule and shall include procedures necessary to ensure that:

(a) An electronically filed criminal citation with or without a form of complaint includes all information required on a uniform citation adopted by the Supreme Court under ORS 1.525. However, an electronically filed criminal citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525, shall not be prohibited by or found in violation of a rule established under this subsection.

(b) An electronically filed criminal citation with or without a form of complaint is verifiable as being filed by a specific peace officer.

(c) Members of the public can obtain copies of and review a criminal citation with or without a form of complaint that is electronically filed and maintained under this section in the same manner as the manner used for those filed on paper.

(3) For a criminal citation with a form of complaint issued under ORS 133.069, the district attorney’s review required by ORS 133.069 and, if necessary, amendments for legal sufficiency, must be completed before the electronic filing of the citation with the form of complaint is made with a court under this section.

[2005 c.566 §15; 2015 c.13 §1]